NML Capital, Ltd. v. Rep. of Argentina
Plaintiff: EM Ltd. and NML Capital, Ltd.
Defendant: The Republic of Argentina
Petitioner: Banco De La Nacion Argentina and CitiGroup, Inc.
Interested Party: Profesion+Auge AFJP S.A., Citigroup Global Markets Inc., Banco Central de la Republica Argentina, Bank for International Settlements, Origenes AFJP S.A., Empresa Argentina de Soluciones Satelitales ("AR-SAT"), Met AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Citicorp USA Inc., Consolidar AFJP S.A., Maxima AFJP S.A., Jaime Caruana, Citicorp North America Inc., Arauca Bit AFJP S.A. and Citibank, N.A.
Intervenor: Bank of America, N.A.
Appellant: Administracion Nacional de Seguridad Social and 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
Case Number: 1:2003cv08845
Filed: November 7, 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: 28:1330
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 9, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 9, 2017 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (wb)
November 28, 2016 CASHIERS OFFICE REGISTRY DISBURSEMENT dated 11/16/2016, from Judge Thomas P. Griesa, on 11/18/2016 disbursed to pay NML Capital LTD. $250,000.00 Check No. 01054538 dated 11/18/2016 (cla)
May 6, 2016 Opinion or Order Filing 636 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 28, 2016 Opinion or Order Filing 635 ORDER OF SATISFACTION re: 86 Judgment, in favor of NML Capital, Ltd. Against The Republic of Argentina, in the amount of $281,184,632.20. WHEREAS, in accordance with the Settlement Agreement, plaintiff received the Settlement Amount; WHEREAS, plaintiff's Final Judgment Amount has been fully satisfied by the Republic's payment to plaintiff; NOW, THEREFORE, full satisfaction of plaintiff's Final Judgment Amount is hereby acknowledged, and the Clerk of the Court is hereby authorized and directed to make an entry of full satisfaction on the docket. (Signed by Judge Thomas P. Griesa on 4/28/2016) (kl)
April 25, 2016 Opinion or Order Filing 634 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, 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. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama) Modified on 4/25/2016 (ama).
March 15, 2016 Opinion or Order Filing 633 ORDER: After signing an Agreement in Principle on February 29, 2016, the Republic of Argentina and the captioned plaintiffs have jointly requested that the court order the settlement payment mechanism outlined in Addendum A. The Republic has signed agreements in principle with many plaintiffs that could result in settlements in various actions before this court. The settlements in all cases in the Argentina debt litigation present the court with extraordinary circumstances because the settlements are "of critical importance to the economic health of a nation." See EM Ltd. v. Republic of Argentina, 131 F. App'x 745, 747 (2d Cir. 2005). Any attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest. See id. (recognizing this court's considerable discretion to deny attachment and restraint of funds "connect[ed] with a restructuring of Argentina's public debt to be accomplished through an issuance of new bonds"); Capital Ventures Int'l v. Republic of Argentina, 443 F.3d 214, 222-23 (2d Cir. 2006) (suggesting that this court could, in "extraordinary circumstances," exercise its discretion to deny attachments that are "against the public interest"); Capital Ventures Int'l v. Republic of Argentina, 652 F.3d 266, 273 (2d Cir. 2011) (again suggesting that this court could deny attachments that might impede a "deal [that] will have a substantial effect on [the Republic's] finances or its ability to access the capital markets"). Accordingly, the court now "so orders" the payment mechanism outlined in Addendum A. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2016) (Attachments: #1 Exhibit)(kl) (Attachment 1 replaced on 3/15/2016) (kl).
November 18, 2015 Filing 632 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/5/15 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...(McGuirk, Kelly)
November 18, 2015 Filing 631 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 11/5/2015 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Carol Ganley, (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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly)
November 18, 2015 Filing 630 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/5/15 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...(McGuirk, Kelly)
November 18, 2015 Filing 629 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/5/2015 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Carol Ganley, (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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly)
November 5, 2015 Minute Entry for proceedings held before Judge Thomas P. Griesa: Motion Hearing held on 11/5/2015 re: #616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. filed by NML Capital, Ltd., #619 LETTER MOTION for Oral Argument on Motion for an Order Deeming That Argentina Has Waived Its Privileges addressed to Judge Thomas P. Griesa from Robert A. Cohen dated October 19, 2015. filed by NML Capital, Ltd. Attorney Robert A. Cohen, on behalf of all moving plaintiffs. Attorney Jonathan Blackman, representing Defendant, Republic of Argentina. Oral argument begun and concluded on Plaintiffs Motion filed on June 16, 2015 (doc. no. 616) for an order deeming that Defendant, Republic of Argentina, has waived its privileges. See 03 cv 8845 (TPG) and related cases. Decision reserved. See transcript. (Court Reporter Carol Ganley) (Zaepfel, Kenneth)
November 4, 2015 Filing 628 LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated November 4, 2015 re: plaintiffs' November 3 reply brief. Document filed by The Republic of Argentina.(Blackman, Jonathan)
November 3, 2015 Filing 627 SEALED DOCUMENT placed in vault.(rz)
November 3, 2015 Filing 626 REPLY MEMORANDUM OF LAW in Support re: #616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert)
October 30, 2015 Filing 625 MEMORANDUM OF LAW in Opposition re: #616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
October 30, 2015 Filing 624 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibits F-G, #3 Exhibits H-I, #4 Proposed Order)(Boccuzzi, Carmine)
October 20, 2015 Opinion or Order Filing 623 ORDER: On October 16, 2015, plaintiffs moved for an order deeming that defendant has waived its privileges. As the parties have now agreed, defendant may respond to plaintiffs' motion no later than 2:00p.m. on October 30, 2015. The court will hear argument at 11:45 a.m. on November 5, 2015. (Responses due by 10/30/2015, Oral Argument set for 11/5/2015 at 11:45 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/20/2015) (kl)
October 19, 2015 Filing 622 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated October 19, 2015 re: plaintiffs' letter dated October 19, 2015. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
October 19, 2015 Filing 621 SEALED DOCUMENT placed in vault.(mps)
October 19, 2015 Filing 620 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated October 19, 2015 re: letter from Republic of Argentina. Document filed by NML Capital, Ltd..(Cohen, Robert)
October 19, 2015 Filing 619 LETTER MOTION for Oral Argument on Motion for an Order Deeming That Argentina Has Waived Its Privileges addressed to Judge Thomas P. Griesa from Robert A. Cohen dated October 19, 2015. Document filed by NML Capital, Ltd..(Cohen, Robert)
October 16, 2015 Filing 618 DECLARATION of Collin F. Hessney in Support re: #616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. 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)(Cohen, Robert)
October 16, 2015 Filing 617 MEMORANDUM OF LAW in Support re: #616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert)
October 16, 2015 Filing 616 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Cohen, Robert)
September 10, 2015 Filing 615 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated August 20, 2015 re: privilege log issues. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
August 13, 2015 Opinion or Order Filing 614 ORDER terminating #600 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl)
July 31, 2015 Filing 613 DECLARATION of Robert A. Cohen in Support re: #600 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Cohen, Robert)
July 31, 2015 Filing 612 REPLY MEMORANDUM OF LAW in Support re: #600 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert)
July 30, 2015 Opinion or Order Filing 611 ORDER: A hearing on plaintiffs' motions for discovery sanctions is hereby scheduled for August 12, 2015 at 2:00pm. (Discovery Hearing set for 8/12/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/30/2015) (spo) Modified on 7/30/2015 (spo).
July 17, 2015 Filing 610 MEMORANDUM OF LAW in Opposition re: #600 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
July 17, 2015 Filing 609 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #600 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibit G, #4 Exhibits H-M, #5 Exhibits N-O, #6 Exhibits P-R)(Blackman, Jonathan)
July 17, 2015 Filing 608 LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated July 17, 2105 re: Motions for Discovery Sanctions. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph)
July 8, 2015 Opinion or Order Filing 607 MEMO ENDORSEMENT on re: #606 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina. ENDORSEMENT: So ordered. (Signed by Judge Thomas P. Griesa on 7/8/2015) (rjm)
July 8, 2015 Filing 606 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
June 26, 2015 Filing 605 MEMO ENDORSEMENT on re: (604 in 1:03-cv-08845-TPG) Letter request regarding briefing schedule for plaintiffs' motions for discovery sanctions, filed by The Republic of Argentina; re: (625 in 1:07-cv-02715-TPG) Letter request regarding briefing schedule for plaintiffs' motions for discovery sanctions, filed by The Republic of Argentina. ENDORSEMENT: APPROVED. (Signed by Judge Thomas P. Griesa on 6/26/2015) (kl)
June 24, 2015 Filing 604 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
June 17, 2015 Filing 603 DECLARATION of Robert A. Cohen (Corrected) in Support re: #600 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A-I)(Cohen, Robert)
June 17, 2015 Filing 602 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Robert A. Cohen in Support re: #600 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A-H)(Cohen, Robert) Modified on 6/18/2015 (db).
June 17, 2015 Filing 601 MEMORANDUM OF LAW in Support re: #600 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert)
June 17, 2015 Filing 600 MOTION for Sanctions . Document filed by NML Capital, Ltd..(Cohen, Robert)
February 25, 2015 Opinion or Order Filing 599 ORDER: IT IS, THEREFORE, HEREBY ORDERED: THAT DB and JPMC shall: (a) immediately produce to NML's counsel any and all readily available documents responsive to the Subpoenas but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
February 25, 2015 Opinion or Order Filing 598 ORDER TO SHOW CAUSE: LET NON-PARTIES DEUTSCHE BANKAG, DEUTSCHE BANK AMERICA HOLDING CORP., DEUTSCHE BANK SECURITIES INC., DEUTSCHE BANK TRUST COMPANY AMERICA AND TAUNUS CORPORATION (COLLECTIVELY "DB") AND JPMORGAN CHASE & CO. AND JPMORGAN CHASE BANK, N.A. (COLLECTIVELY "JPMC") SHOW CAUSE, before Judge Thomas P. Griesa, room 26B, at the United States Courthouse located at 500 Pearl Street, New York, on the 25th day of February at 4:00 p.m., or as soon thereafter as counsel may be heard, why an order should not be made and entered as follows: 1. Requiring non-parties DB and JPMC to: (a) immediately produce to NML's counsel any and all readily available documents responsive to the subpoenas served by NML Capital, Ltd. ("NML") on DB and JMPC on February 9, 2015 (the "Subpoenas") seeking information about the imminent issuance by the Republic of Argentina ("Argentina") of approximately $2.0 billion in Bonar 2024 bonds (the "Bonar 2024s") but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00 pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. 2. And for such other and further relief as this Court may deem, just, proper and necessary under the circumstances. SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED that email service of this Order to Show Cause, and the papers upon which it is based, upon counsel for DB, Moses & Singer LLP, attention: Philippe Zimmerman and counsel for JPMC, Levi Lubarsky & Feigenbaum LLP, attention: Andrea Likwornik Weiss, Esq., on or before the 4:00 pm on February 25, 2015, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
December 23, 2014 Filing 597 MANDATE of USCA (Certified Copy) as to #567 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 13-4054-cv(L). Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/23/2014. (nd)
November 7, 2014 Filing 596 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated October 8, 2014 re: Procedure for Resolving Additional Requests for Pari Passau Relief. Document filed by NML Capital, Ltd..(Cohen, Robert)
September 10, 2014 Filing 595 REPLY MEMORANDUM OF LAW in Support re: #591 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. . Document filed by Citibank, N.A.. (Wagner, Karen)
September 8, 2014 Filing 594 DECLARATION of Jay Newman in Support re: #585 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Reed, Kevin)
September 8, 2014 Filing 593 REPLY MEMORANDUM OF LAW in Support re: #585 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin)
September 5, 2014 Filing 592 MEMORANDUM OF LAW in Support re: #591 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. and in Opposition to NML's Motion to Compel Discovery #585 . Document filed by Citibank, N.A.. (Wagner, Karen)
September 5, 2014 Filing 591 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. Document filed by Citibank, N.A..(Wagner, Karen)
September 5, 2014 Filing 590 NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A.. (Rowland, Matthew)
September 2, 2014 Filing 589 DECLARATION of Kevin S. Reed in Support re: #585 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Exhibit A to Reed Declaration, #2 Exhibit Exhibit B to Reed Declaration)(Reed, Kevin)
September 2, 2014 Filing 588 MEMORANDUM OF LAW in Support re: #585 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin)
September 2, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Kevin Samuel Reed to RE-FILE Document #587 Memorandum of Law in Support of Motion. Use the event type Memorandum in Support (non-motion) found under the event list Other Answers, then link to #585 ORDER. (db)
August 29, 2014 Filing 587 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #586 MOTION to Compel Citibank, N.A. to produce documents and a witness for deposition . . Document filed by NML Capital, Ltd.. (Reed, Kevin) Modified on 9/2/2014 (db).
August 29, 2014 Filing 586 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Compel Citibank, N.A. to produce documents and a witness for deposition . Document filed by NML Capital, Ltd..(Reed, Kevin) Modified on 9/2/2014 (db).
August 29, 2014 Opinion or Order Filing 585 ORDER TO SHOW CAUSE: LET CITIBANK, N.A. ("CITIBANK") SHOW CAUSE, before Judge Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, 10007, on the 10th day of Sept. 2014 at 2:30 pm, why an Order should not be entered: a) Ordering Citibank to comply fully with the Subpoena Duces Tecum and Ad Testificandum dated August 15, 2014, that was served by Plaintiff NML Capital, Ltd. ("NML") on Citibank, by producing documents three days before argument on Citibank's appeal will be heard and a witness for deposition by September 15, 2014. b) Granting such other and further relief as this Court may deem just, proper and necessary under the circumstances. IT IS HEREBY: ORDERED THAT e-mail service of this Order to Show Cause, and the papers upon which it is based, upon counsel for Citibank, Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York, 10017, attention Lindsey Knapp, Esq., at lindsey.knapp@davispolk.com, and upon counsel for Defendant The Republic of Argentina, Cleary, Gottlieb, Steen & Hamilton, One Liberty Plaza, New York, New York, 10006, attention Carmine Boccuzzi, Esq., at cboccuzzi@cgsh.com, shall be deemed good and sufficient service; IT IS FURTHER ORDERED THAT opposing papers, if any, are to be served on counsel for the Plaintiff, Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York, 10010, attention Kevin S. Reed, so as to be received on the 5th day of Sept. 2014; AND IT IS FURTHER ORDERED THAT reply papers, if any, shall be served upon counsel for Citibank and Defendant, so as to be received no later than 5 p.m. on 8 day of Sept. 2014. Show Cause Hearing set for 9/10/2014 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 8/29/2014) (lmb)
April 18, 2014 Filing 584 OPINION #104382 granting #571 Motion to Stay ; denying #578 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 5/30/2014 (ca).
April 17, 2014 Filing 583 LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 04/17/2014 re: Non-Party Banks' Motions for Joinder. Document filed by NML Capital, Ltd..(Reed, Kevin)
April 17, 2014 Filing 582 REPLY MEMORANDUM OF LAW in Support re: #571 MOTION to Stay. and in Opposition to NML's Cross-Motion to Compel Discovery. Document filed by CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen)
April 7, 2014 Filing 581 DECLARATION of Joseph Sremack in Support re: #578 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Reed, Kevin)
April 7, 2014 Filing 580 DECLARATION of Kevin S. Reed in Support re: #578 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by 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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Reed, Kevin)
April 7, 2014 Filing 579 MEMORANDUM OF LAW in Support re: #578 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Reed, Kevin)
April 7, 2014 Filing 578 MOTION to Compel Citi Entities to Comply with Subpoena. Document filed by NML Capital, Ltd..(Reed, Kevin)
April 7, 2014 Filing 577 DECLARATION of Joseph Sremack in Opposition re: #571 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Reed, Kevin)
April 7, 2014 Filing 576 DECLARATION of Kevin Reed in Opposition re: #571 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Reed Decl. Exhibit 1, #2 Exhibit Reed Decl. Exhibit 2, #3 Exhibit Reed Decl. Exhibit 3, #4 Exhibit Reed Decl. Exhibit 4, #5 Exhibit Reed Decl. Exhibit 5, #6 Exhibit Reed Decl. Exhibit 6, #7 Exhibit Reed Decl. Exhibit 7, #8 Exhibit Reed Decl. Exhibit 8, #9 Exhibit Reed Decl. Exhibit 9, #10 Exhibit Reed Decl. Exhibit 10, #11 Exhibit Reed Decl. Exhibit 11, #12 Exhibit Reed Decl. Exhibit 12, #13 Exhibit Reed Decl. Exhibit 13, #14 Exhibit Reed Decl. Exhibit 14, #15 Exhibit Reed Decl. Exhibit 15, #16 Exhibit Reed Decl. Exhibit 16, #17 Exhibit Reed Decl. Exhibit 17)(Reed, Kevin)
April 7, 2014 Filing 575 MEMORANDUM OF LAW in Opposition re: #571 MOTION to Stay. and in support of NML's Cross-Motion to Compel Discovery. Document filed by NML Capital, Ltd.. (Reed, Kevin)
March 20, 2014 Filing 574 DECLARATION of Lindsey T. Knapp in Support re: #571 MOTION to Stay.. Document filed by CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (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)(Knapp, Lindsey)
March 20, 2014 Filing 573 DECLARATION of Rebecca J. Nelson in Support re: #571 MOTION to Stay.. Document filed by CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen)
March 20, 2014 Filing 572 MEMORANDUM OF LAW in Support re: #571 MOTION to Stay.. Document filed by CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen)
March 20, 2014 Filing 571 MOTION to Stay. Document filed by CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc..(Wagner, Karen)
March 20, 2014 Filing 570 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Knapp, Lindsey)
March 20, 2014 Filing 569 NOTICE OF APPEARANCE by James Loran Kerr on behalf of CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Kerr, James)
March 20, 2014 Filing 568 NOTICE OF APPEARANCE by Karen E Wagner on behalf of CitiGroup, Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen)
March 18, 2014 Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files for #446 Notice of Appeal filed by NML Capital, Ltd., #445 Order, #174 Order, #304 Appeal Record Sent to USCA - Index, #299 Order, #307 Declaration in Support of Motion filed by The Republic of Argentina, #367 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010. filed by The Republic of Argentina, #160 Memo Endorsement, Add and Terminate Attorneys, #287 Order, #159 Order, #145 Notice of Appeal, filed by The Republic of Argentina, #139 Order, #170 Memorandum & Opinion, #313 Stipulation and Order, Set Deadlines/Hearings, #344 USCA Mandate, #138 Order, #339 Declaration in Support of Motion filed by NML Capital, Ltd., #310 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #350 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #280 Brief filed by NML Capital, Ltd., #196 Notice of Appeal filed by The Republic of Argentina, #99 USCA Mandate, #278 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #189 Order, #154 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., #150 Stipulation and Order, #346 Certificate of Service Other filed by The Republic of Argentina, #326 USCA Mandate, #360 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #289 Joinder, filed by The Republic of Argentina, #236 Stipulation and Order, Set Deadlines/Hearings, #195 Notice of Appeal filed by Banco De La Nacion Argentina, #109 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #98 USCA Mandate, #284 Declaration, filed by NML Capital, Ltd., #323 USCA Mandate, #340 Certificate of Service Other, filed by NML Capital, Ltd., #161 Endorsed Letter, #276 Declaration filed by NML Capital, Ltd., #291 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #252 Endorsed Letter, #341 Stipulation and Order, Set Scheduling Order Deadlines, #168 Amended Notice of Appeal filed by The Republic of Argentina, #133 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, #301 Notice of Appeal filed by The Republic of Argentina, #357 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #295 Memorandum & Opinion, #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. filed by EM Ltd., NML Capital, Ltd., #354 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #348 Certificate of Service Other, filed by NML Capital, Ltd., #266 Endorsed Letter, Set Deadlines, #148 Memorandum & Opinion, #277 Reply Memorandum of Law, filed by NML Capital, Ltd., #185 Endorsed Letter, Set Deadlines/Hearings, #328 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #330 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #149 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #362 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #268 Order, #135 Endorsed Letter, Set Deadlines, #337 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #152 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #153 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #191 Order, Terminate Motions, #320 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #366 Declaration in Support of Motion, filed by NML Capital, Ltd., #308 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #352 Stipulation and Order, Consent Order, #351 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #267 Order, #190 Memorandum & Opinion, #359 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #273 Declaration in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. filed by NML Capital, Ltd., #369 Joinder filed by The Republic of Argentina, #165 Order, #183 Order, #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #316 Declaration in Opposition to Motion filed by NML Capital, Ltd., #256 USCA Mandate, #368 Notice of Appeal filed by The Republic of Argentina, #309 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #242 Appeal Record Sent to USCA - Index, #274 Stipulation and Order, #293 Joinder, filed by The Republic of Argentina, #269 Order, #334 Declaration in Support of Motion, filed by The Republic of Argentina, #271 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS). filed by EM Ltd., NML Capital, Ltd., #275 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #250 Endorsed Letter, #156 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #151 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #372 Declaration in Opposition to Motion, filed by Bank of America, N.A., #59 Certificate of Service Other, filed by The Republic of Argentina, #370 Declaration filed by The Republic of Argentina, #166 Memorandum & Opinion, #292 Joinder, filed by The Republic of Argentina, #356 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #374 Notice of Appearance filed by Bank of America, N.A., #290 Response filed by Banco Central de la Republica Argentina, #314 Memorandum & Opinion, #181 Notice of Change of Address filed by NML Capital, Ltd., #315 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #345 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #325 Declaration, filed by NML Capital, Ltd., #262 USCA Order, #363 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #364 Memorandum & Opinion, #317 Declaration in Opposition to Motion, filed by NML Capital, Ltd., #302 Order, #235 Memorandum & Opinion, #335 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #140 Temporary Restraining Order, #175 Order, Set Deadlines/Hearings, #318 Stipulation and Order, #373 Memorandum of Law in Opposition to Motion filed by Bank of America, N.A., #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010 filed by The Republic of Argentina, #311 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #303 Appeal Record Sent to USCA - Index, #272 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #57 MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. filed by The Republic of Argentina, #355 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #361 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #332 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #173 Protective Order, #188 Order to Show Cause, #100 Order, #282 Certificate of Service Other filed by NML Capital, Ltd., #329 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #167 Order, #338 Declaration in Support of Motion, filed by NML Capital, Ltd., #288 Order,,, #327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #265 Memorandum of Law in Support filed by NML Capital, Ltd., #261 USCA Order - Other, #101 Notice of Appearance filed by NML Capital, Ltd., #105 Protective Order, #179 Order on Motion for Leave to File Document, #251 Order, #322 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #137 Appeal Record Sent to USCA - Index, #297 Order, #324 Notice of Appeal filed by NML Capital, Ltd., #285 Certificate of Service Other filed by NML Capital, Ltd., #112 Protective Order, #300 Notice of Appeal filed by Banco Central de la Republica Argentina, #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #331 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #212 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #111 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, Set Deadlines, #312 USCA Order, #342 Endorsed Letter, Set Deadlines/Hearings, #264 Endorsed Letter, #123 Order on Motion for Miscellaneous Relief, #343 Stipulation and Order, Set Deadlines/Hearings, #171 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #298 Endorsed Letter, Set Deadlines/Hearings, #353 Order, #184 Notice of Appeal, filed by The Republic of Argentina, #281 Declaration, filed by NML Capital, Ltd., #247 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #147 Notice of Appearance 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., #283 USCA Mandate, #104 USCA Mandate, #371 Endorsed Letter, Set Deadlines, #58 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #414 Declaration in Opposition to Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #436 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #430 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #387 Declaration filed by NML Capital, Ltd., #382 Endorsed Letter,,, #443 Memorandum & Opinion, #439 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #386 Declaration filed by NML Capital, Ltd., #437 Memorandum of Law in Opposit
October 25, 2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #446 Notice of Appeal filed by NML Capital, Ltd., #445 Order, #174 Order, #304 Appeal Record Sent to USCA - Index, #299 Order, #307 Declaration in Support of Motion filed by The Republic of Argentina, #367 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010. filed by The Republic of Argentina, #160 Memo Endorsement, Add and Terminate Attorneys, #287 Order, #159 Order, #145 Notice of Appeal, filed by The Republic of Argentina, #139 Order, #170 Memorandum & Opinion, #313 Stipulation and Order, Set Deadlines/Hearings, #344 USCA Mandate, #138 Order, #339 Declaration in Support of Motion filed by NML Capital, Ltd., #310 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #350 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #280 Brief filed by NML Capital, Ltd., #196 Notice of Appeal filed by The Republic of Argentina, #99 USCA Mandate, #278 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #189 Order, #154 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., #150 Stipulation and Order, #346 Certificate of Service Other filed by The Republic of Argentina, #326 USCA Mandate, #360 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #289 Joinder, filed by The Republic of Argentina, #236 Stipulation and Order, Set Deadlines/Hearings, #195 Notice of Appeal filed by Banco De La Nacion Argentina, #109 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #98 USCA Mandate, #284 Declaration, filed by NML Capital, Ltd., #323 USCA Mandate, #340 Certificate of Service Other, filed by NML Capital, Ltd., #161 Endorsed Letter, #276 Declaration filed by NML Capital, Ltd., #291 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #252 Endorsed Letter, #341 Stipulation and Order, Set Scheduling Order Deadlines, #168 Amended Notice of Appeal filed by The Republic of Argentina, #133 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, #301 Notice of Appeal filed by The Republic of Argentina, #357 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #295 Memorandum & Opinion, #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. filed by EM Ltd., NML Capital, Ltd., #354 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #348 Certificate of Service Other, filed by NML Capital, Ltd., #266 Endorsed Letter, Set Deadlines, #148 Memorandum & Opinion, #277 Reply Memorandum of Law, filed by NML Capital, Ltd., #185 Endorsed Letter, Set Deadlines/Hearings, #328 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #330 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #149 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #362 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #268 Order, #135 Endorsed Letter, Set Deadlines, #337 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #152 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #153 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #191 Order, Terminate Motions, #320 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #366 Declaration in Support of Motion, filed by NML Capital, Ltd., #308 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #352 Stipulation and Order, Consent Order, #351 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #267 Order, #190 Memorandum & Opinion, #359 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #273 Declaration in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. filed by NML Capital, Ltd., #369 Joinder filed by The Republic of Argentina, #165 Order, #183 Order, #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #316 Declaration in Opposition to Motion filed by NML Capital, Ltd., #256 USCA Mandate, #368 Notice of Appeal filed by The Republic of Argentina, #309 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #242 Appeal Record Sent to USCA - Index, #274 Stipulation and Order, #293 Joinder, filed by The Republic of Argentina, #269 Order, #334 Declaration in Support of Motion, filed by The Republic of Argentina, #271 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS). filed by EM Ltd., NML Capital, Ltd., #275 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #250 Endorsed Letter, #156 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #151 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #372 Declaration in Opposition to Motion, filed by Bank of America, N.A., #59 Certificate of Service Other, filed by The Republic of Argentina, #370 Declaration filed by The Republic of Argentina, #166 Memorandum & Opinion, #292 Joinder, filed by The Republic of Argentina, #356 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #374 Notice of Appearance filed by Bank of America, N.A., #290 Response filed by Banco Central de la Republica Argentina, #314 Memorandum & Opinion, #181 Notice of Change of Address filed by NML Capital, Ltd., #315 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #345 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #325 Declaration, filed by NML Capital, Ltd., #262 USCA Order, #363 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #364 Memorandum & Opinion, #317 Declaration in Opposition to Motion, filed by NML Capital, Ltd., #302 Order, #235 Memorandum & Opinion, #335 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #140 Temporary Restraining Order, #175 Order, Set Deadlines/Hearings, #318 Stipulation and Order, #373 Memorandum of Law in Opposition to Motion filed by Bank of America, N.A., #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010 filed by The Republic of Argentina, #311 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #303 Appeal Record Sent to USCA - Index, #272 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #57 MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. filed by The Republic of Argentina, #355 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #361 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #332 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #173 Protective Order, #188 Order to Show Cause, #100 Order, #282 Certificate of Service Other filed by NML Capital, Ltd., #329 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #167 Order, #338 Declaration in Support of Motion, filed by NML Capital, Ltd., #288 Order,,, #327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #265 Memorandum of Law in Support filed by NML Capital, Ltd., #261 USCA Order - Other, #101 Notice of Appearance filed by NML Capital, Ltd., #105 Protective Order, #179 Order on Motion for Leave to File Document, #251 Order, #322 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #137 Appeal Record Sent to USCA - Index, #297 Order, #324 Notice of Appeal filed by NML Capital, Ltd., #285 Certificate of Service Other filed by NML Capital, Ltd., #112 Protective Order, #300 Notice of Appeal filed by Banco Central de la Republica Argentina, #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #331 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #212 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #111 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, Set Deadlines, #312 USCA Order, #342 Endorsed Letter, Set Deadlines/Hearings, #264 Endorsed Letter, #123 Order on Motion for Miscellaneous Relief, #343 Stipulation and Order, Set Deadlines/Hearings, #171 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #298 Endorsed Letter, Set Deadlines/Hearings, #353 Order, #184 Notice of Appeal, filed by The Republic of Argentina, #281 Declaration, filed by NML Capital, Ltd., #247 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #147 Notice of Appearance 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., #283 USCA Mandate, #104 USCA Mandate, #371 Endorsed Letter, Set Deadlines, #58 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #414 Declaration in Opposition to Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #436 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #430 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #387 Declaration filed by NML Capital, Ltd., #382 Endorsed Letter,,, #443 Memorandum & Opinion, #439 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #386 Declaration filed by NML Capital, Ltd., #437 Memorandum of Law in Opposit
October 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #567 Notice of Appeal,. (nd)
October 24, 2013 Filing 567 NOTICE OF APPEAL from #565 Order on Motion to Compel,,,,,, #564 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010350. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
October 22, 2013 Opinion or Order Filing 566 STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-captioned actions (the "Actions"), subject to the approval of the Court, that: This Stipulation and Order governs the treatment of documents, depositions and deposition exhibits, interrogatory answers, responses to requests to admit, responses to demands under Rule 26.1 of the Local Civil Rules of this Court and any other and other written, recorded or graphic matter ("Discovery Material") produced by or obtained from any party or non-party (the "Producing Person") in the Actions that is designated confidential by the Producing Person in accordance with the procedures set forth below. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/22/2013) (ama)
September 25, 2013 Terminate Transcript Deadlines (ama)
September 25, 2013 Opinion or Order Filing 565 ORDER: granting #552 Motion to Compel. IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/25/2013) (ama)
September 25, 2013 Opinion or Order Filing 564 ORDER: IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/25/2013) (ama)
September 9, 2013 Filing 563 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/3/13 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...(Rodriguez, Somari)
September 9, 2013 Filing 562 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/3/2013 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Denise Richards, (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 10/3/2013. Redacted Transcript Deadline set for 10/15/2013. Release of Transcript Restriction set for 12/12/2013.(Rodriguez, Somari)
September 3, 2013 Minute Entry for proceedings held before Judge Thomas P. Griesa: Discovery Hearing held on 9/3/2013. (sc)
July 24, 2013 Filing 561 DECLARATION of Eric C. Kirsch in Support re: #552 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohen, Robert)
July 24, 2013 Filing 560 REPLY MEMORANDUM OF LAW in Support re: #552 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
July 17, 2013 Filing 559 MEMORANDUM OF LAW in Opposition re: #552 MOTION to Compel Compliance with Discovery Requests. , dated July 17, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 17, 2013 Filing 558 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Opposition re: #552 MOTION to Compel Compliance with Discovery Requests.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit E-H)(Boccuzzi, Carmine)
July 17, 2013 Filing 557 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Support re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 17, 2013 Filing 556 REPLY MEMORANDUM OF LAW in Support re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated July 17, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 3, 2013 Filing 555 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 6/28/2013 re: In advance of the August 5 discovery conference, NML and the Republic have agreed to a briefing schedule relating to NML's Discovery Requests, pursuant to which NML's motion to compel was to be filed on June 27, 2013; the Republic's opposition papers are to be filed on or before July 17,2013, and NML's reply papers are to be filed on or before July 24, 2013. We respectfully request that the Court endorse the parties' proposed briefing schedule. ENDORSEMENT: Approved., ( Responses due by 7/17/2013, Replies due by 7/24/2013.) (Signed by Judge Thomas P. Griesa on 7/03/2013) (ama)
June 27, 2013 Filing 554 DECLARATION of Eric C. Kirsch in Support re: #552 MOTION to Compel Compliance with Discovery Requests.. 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)(Cohen, Robert)
June 27, 2013 Filing 553 MEMORANDUM OF LAW in Support re: #552 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
June 27, 2013 Filing 552 MOTION to Compel Compliance with Discovery Requests. Document filed by NML Capital, Ltd..(Cohen, Robert)
June 27, 2013 Filing 551 DECLARATION of KEVIN REED in Opposition re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. 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)(Reed, Kevin)
June 27, 2013 Filing 550 MEMORANDUM OF LAW in Opposition re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Reed, Kevin)
June 27, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kevin Samuel Reed to RE-FILE Document #549 Memorandum of Law in Opposition to Motion. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db)
June 26, 2013 Filing 549 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 DECLARATION OF KEVIN S. REED IN OPPOSITION TO DEFENDANTS MOTION TO QUASH SUBPOENAS, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #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)(Reed, Kevin) Modified on 6/27/2013 (db).
June 26, 2013 Filing 548 FILING ERROR - DUPLICATE DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 DECLARATION OF KEVIN S. REED IN OPPOSITION TO DEFENDANTS MOTION TO QUASH SUBPOENAS, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #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)(Reed, Kevin) Modified on 6/27/2013 (db).
June 18, 2013 Filing 547 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 6/18/2013 re: In my letter to the Court of June 11,2013, I inadvertently misstated the briefing schedule the parties have agreed on for that motion. The parties have agreed that NML shall file its opposition to the motion on or before June 26, 2013 (rather than June 18) and that the Republic of Argentina shall file any reply papers on or before July 17, 2013. The parties respectfully request that argument on the motion occur at the previously set August 5, 2013 hearing in these and related matters. ENDORSEMENT: Approved., ( Responses due by 6/26/2013, Replies due by 7/17/2013.) (Signed by Judge Thomas P. Griesa on 6/18/2013) (ama)
June 17, 2013 Filing 546 MEMORANDUM OF LAW in Support re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far [CORRECTED]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 28, 2013 Filing 545 DECLARATION of Carmine D. Boccuzzi in Support re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Attachments: #1 Ex. A - C, #2 Ex. D - F, #3 Ex. G - I, #4 Ex. J - L, #5 Ex. M - N, #6 Ex. O, #7 Ex. P - S, #8 Ex. T - V, #9 Ex. W1, #10 Ex. W2)(Boccuzzi, Carmine)
May 28, 2013 Filing 544 MEMORANDUM OF LAW in Support re: #543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated May 28, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 28, 2013 Filing 543 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Fargo & Co. and Wells Fargo Bank, N.A. , dated May 28, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
May 1, 2013 Filing 542 NOTICE OF APPEARANCE by David Scott Hoffner on behalf of NML Capital, Ltd. (Hoffner, David)
April 19, 2013 Opinion or Order Filing 541 CONSENT ORDER: ORDERED that on or before April 29, 2013, BNA must comply in full with the Subpoena by producing to NML the documents responsive to the Subpoena (subject to the modifications described above) held at each of BNA's worldwide branches. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/19/2013) (ama) Modified on 4/19/2013 (ama).
April 4, 2013 Filing 538 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/26/13 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...(Rodriguez, Somari)
April 4, 2013 Filing 537 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/26/2013 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Thomas Murray, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(Rodriguez, Somari)
March 29, 2013 Filing 540 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 Svd Ms. Perez. Document filed by EM Ltd. (mro)
March 29, 2013 Filing 539 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 Svd Ms. Perez. Document filed by NML Capital, Ltd. (mro)
February 21, 2013 Opinion or Order Filing 536 ORDER FOR ADMISSION OF JENNINGS F. DURAND PRO HAC VICE: granting #533 Motion for Jennings F. Durand to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 2/21/2013) (js)
February 8, 2013 Filing 535 OPINION: Overall, upon complete consideration of all of the above factors, the court concludes that compliance with the subpoena is warranted in this case even if it is in violation of foreign countries' laws. This opinion resolves the legal questions briefed following the hearing on March 26, 2012. The court will hold an additional hearing to determine the further steps that need to be taken. (Signed by Judge Thomas P. Griesa on 2/8/2013) (mro) Modified on 2/11/2013 (mro).
January 24, 2013 Filing 534 Costs Taxed as to #529 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)
January 8, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #533 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8118424. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 7, 2013 Filing 533 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8118424. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Durand, Jennings)
November 26, 2012 Opinion or Order Filing 532 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)
November 13, 2012 Filing 531 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/23/12 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...(McGuirk, Kelly)
November 13, 2012 Filing 530 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/23/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Toni Stanley, (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 12/7/2012. Redacted Transcript Deadline set for 12/17/2012. Release of Transcript Restriction set for 2/14/2013.(McGuirk, Kelly)
October 17, 2012 Filing 529 MANDATE of USCA (Certified Copy) as to #444 Notice of Appeal filed by The Republic of Argentina USCA Case Number 11-4133-con. Ordered, Adjudged and Decreed that the order 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: 10/17/2012. (nd)
October 12, 2012 Filing 528 MANDATE of USCA (Certified Copy) as to #446 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 11-4248-cv(L). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED as MOOT and the judgment of the United States District Court for the Southern District of New York is VACATED . The case is REMANDED to the District Court with directions to DISMISS NML's motion to confirm and the Republic's and AR-SAT's cross-motion to vacate the judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/12/2012. (nd)
September 7, 2012 Filing 527 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on The Republic of Argentina 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 513 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Barclay's Capital on 2/8/10. Service was accepted by John Erbar. Document filed by NML Capital, Ltd. (cd)
September 7, 2012 Filing 512 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on JP Morgan Chase on 2/8/10. Service was accepted by Ms. Bertone. Document filed by NML Capital, Ltd. (cd)
August 29, 2012 Filing 511 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. Steffen - Legal. Document filed by 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)
August 29, 2012 Filing 510 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 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)
August 29, 2012 Filing 509 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on The Depository Trust Co. on 2/16/2010. Service was accepted by Don Maj GCO. Document filed by 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)
August 29, 2012 Filing 508 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on TD Bank NA on 2/16/2010. Service was accepted by Ms. Singer Manager. Document filed by 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)
August 29, 2012 Filing 507 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Fiduciary Trust Company International on 2/18/2010. Service was accepted by Mr. E. Metallo (Legal). Document filed by 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)
August 29, 2012 Filing 506 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Emigrant Bank on 2/18/2010. Service was accepted by Ms. Wolfel V.P.. Document filed by 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)
August 29, 2012 Filing 505 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). Document filed by 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)
August 29, 2012 Filing 504 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 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)
August 29, 2012 Filing 503 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 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)
August 29, 2012 Filing 502 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 Kris Kwong (legal). Document filed by 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)
August 29, 2012 Filing 501 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. Fulueiler V.P. Document filed by 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)
August 29, 2012 Filing 500 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wachovia Bank NA on 2/19/2010. Service was accepted by L. Rivers (Customer Service). Document filed by 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)
August 29, 2012 Filing 499 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ served on ABN AMRO Bank N.V. on 2/19/2010. Service was accepted by R. Carrillo (Clerk). Document filed by 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)
August 29, 2012 Filing 498 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Federal Reserve Bank of NY on 2/16/2010. Service was accepted by Ms. K. Sturm - Paralegal. Document filed by 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)
August 29, 2012 Filing 497 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Lloyds TSB Bank PLC on 2/18/2010. Service was accepted by Deborah Wilson - Paralegal. Document filed by 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)
August 29, 2012 Filing 496 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. Document filed by 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)
August 29, 2012 Filing 495 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Bilbao Vizcaya S.A. on 2/18/2010. Service was accepted by Pilar Otero. Document filed by 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)
August 29, 2012 Filing 494 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Credit Industriel et Commercial on 2/23/2010. Service was accepted by Ms. Adkins. Document filed by 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)
August 29, 2012 Filing 493 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Cooperative Centrale Raiffeisen-Boeren Leenbank B.A. Rabobank Nederland on 2/19/2010. Service was accepted by Ms. S. Smith (Paralegal). Document filed by 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)
August 29, 2012 Filing 492 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank, N.A. on 2/13/2010. Service was accepted by Mr. E. Manzano. Document filed by 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)
August 29, 2012 Filing 491 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. Marimon. Document filed by 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)
August 29, 2012 Filing 490 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on HSBC on 2/8/2010. Service was accepted by Ms. Vasquez - Customer Service. Document filed by 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 29, 2012 Filing 489 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 Ms. Vasquez - Customer Service. Document filed by 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 29, 2012 Filing 488 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Capital One Bank on 2/16/2010. Service was accepted by Ms. R. Smithzer (legal). Document filed by 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 29, 2012 Filing 487 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of America on 2/8/2010. Service was accepted by Mr. S. Baghaturia (Specialist). Document filed by 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 29, 2012 Filing 486 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Capital One Bank on 2/8/2010. Service was accepted by Ms. L. Herrera (Banker). Document filed by 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 29, 2012 Filing 485 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wells Fargo on 2/9/2010. Service was accepted by Ms. Mohabir. Document filed by 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 29, 2012 Filing 484 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wachovia Bank on 2/9/2010. Service was accepted by Mr. Akasala (Clerk). Document filed by 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 29, 2012 Filing 483 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on CIT Group on 2/9/2010. Service was accepted by Malinda Bell, Legal Assistant. Document filed by 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 29, 2012 Filing 482 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Standard New York, Inc. on 2/16/2010. Service was accepted by Ms. A. Flores (Clerk). Document filed by 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 29, 2012 Filing 481 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Standard Americas, Inc. on 2/16/2010. Service was accepted by Ms. A. Flores (Clerk). Document filed by 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 29, 2012 Filing 480 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank N.A. on 2/8/2010. Service was accepted by Ms. Ng (Legal). Document filed by 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 29, 2012 Filing 479 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Capital One USA, NA on 2/16/2010. Service was accepted by Ms. R. Smithzer (legal). Document filed by 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 28, 2012 Filing 526 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. J. Barelakjy - Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 525 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on Merrill Lynch Bank & Trust Co. FSB on 2/24/2010. Service was accepted by Ms. J. Lee - Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 524 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. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 523 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on First American International Bank on 2/17/2010. Service was accepted by Mr. T. Chen - Manager. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 522 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on Doral Bank FSB on 2/18/2010. Service was accepted by Y. Castillo. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 521 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 NML Capital, Ltd. (ja)
August 28, 2012 Filing 520 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on Fortis Bank S A /NV on 2/23/2010. Service was accepted by Ms. Sera - Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 519 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on The Goldman Sachs Trust Company on 2/16/2010. Service was accepted by Ms. Cook - Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 518 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on Banco Santander S A on 3/2/2010. Service was accepted by Mr. Sheldon Fried - Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 517 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of execution served on Banco do Brasil S A on 2/18/2010. Service was accepted by Ms. M.E. Marquez, Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 516 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). Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 515 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of execution served on Natixis on 3/2/2010. Service was accepted by Mr. A. True - Legal. Document filed by NML Capital, Ltd. (ja)
August 28, 2012 Filing 514 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of execution served on Lazard on 3/5/2010. Document filed by NML Capital, Ltd. (ja)
August 14, 2012 Filing 475 OPINION re: #102208 (448 in 1:05-cv-02434-TPG) MOTION to Vacate (433) Memorandum & Opinion, filed by NML Capital, Ltd., (196 in 1:09-cv-01707-TPG) MOTION to Vacate (179) Memorandum & Opinion, filed by NML Capital, Ltd., (329 in 1:08-cv-02541-TPG) MOTION to Vacate (316) Memorandum & Opinion, filed by NML Capital, Ltd., (447 in 1:03-cv-08845-TPG) MOTION to Vacate (434) Memorandum & Opinion,, filed by NML Capital, Ltd., (327 in 1:08-cv-03302-TPG) MOTION to Vacate (313) Memorandum & Opinion, filed by NML Capital, Ltd., (305 in 1:07-cv-06563-TPG) MOTION to Vacate (292) Memorandum & Opinion, filed by NML Capital, Ltd., (346 in 1:08-cv-06978-TPG) MOTION to Vacate (327) Memorandum & Opinion, filed by NML Capital, Ltd., (369 in 1:06-cv-06466-TPG) MOTION to Vacate (354) Memorandum & Opinion, filed by NML Capital, Ltd., (197 in 1:09-cv-01708-TPG) MOTION to Vacate (180) Memorandum & Opinion, filed by NML Capital, Ltd., (317 in 1:07-cv-01910-TPG) MOTION to Vacate (304) Memorandum & Opinion, filed by NML Capital, Ltd., (320 in 1:07-cv-02690-TPG) MOTION to Vacate (306) Memorandum & Opinion, filed by NML Capital, Ltd. For essentially the same reasons stated at the hearing held on August 30, 2011, the court denies plaintiff's current motion. This opinion resolves the motion listed as document number 447 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 8/14/2012) (lmb) Modified on 8/16/2012 (jab).
August 8, 2012 Filing 478 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on First Commercial Bank on 2/22/2010. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Service was accepted by Jerry Fu, Loan Officer. Document filed by NML Capital, Ltd. (lmb)
August 8, 2012 Filing 477 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 NML Capital, Ltd.. (pl)
August 8, 2012 Filing 474 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Banco Latinoamericano de Exportaciones SA. Service was attempted on 2/25/2010. 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) Modified on 8/10/2012 (lmb).
August 8, 2012 Filing 473 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Barclays Bank PLC. Service was attempted on 2/22/2010. Document filed by NML Capital, Ltd. (lmb)
August 8, 2012 CASHIERS OFFICE REGISTRY DISBURSEMENT as per #469 Order,,, dated 07/14/2012, from Judge Paul A. Crotty, on 08/08/2012 disbursed to pay NML CAPITAL LTD $270,866.67 Check No. 00956529 dated 08/08/2012 FEDEX# 8003 1837 4399 (jd)
August 7, 2012 CASHIERS OFFICE REGISTRY DEPOSIT dated 7/19/12, from Judge Judge Paul G. Gardephe, received $270866.67 from WIRE TRANSFER Receipt Number 12465400462 on 8/7/12. (dig)
August 3, 2012 Filing 476 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ Of Execution served on Commerzbank New York Branch on 2/22/10. Service was accepted by Kaadija Johnson, Legal. Document filed by NML Capital, Ltd.. (pl)
July 31, 2012 Filing 472 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
July 23, 2012 Filing 471 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 7/18/2012 re: Counsel for plaintiffs write to propose that NML file and serve its reply in support of its Supplemental Memorandum of Law in Support of Motions to Compel and for Sanctions [against Banco de la Nacion Argentina ("BNA")], on July 31, 2012. ENDORSEMENT: Approved., ( Replies due by 7/31/2012.) (Signed by Judge Thomas P. Griesa on 7/23/2012) (pl)
July 19, 2012 Opinion or Order Filing 470 Vacated as per Judge's Order dated 5/6/2016, Doc. #636. Writ of Execution Issued on 7/19/2012 Judgment # 06,2728 in the amount of $ 284,184,632 in favor of NML Capital 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 469 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 13, 2012 Filing 468 DECLARATION of Mark S. Sullivan in Opposition re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (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)(Sullivan, Mark)
July 13, 2012 Filing 467 MEMORANDUM OF LAW in Opposition re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
July 9, 2012 Opinion or Order Filing 466 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 465 MANDATE of USCA (Certified Copy) as to #301 Notice of Appeal filed by The Republic of Argentina, #300 Notice of Appeal filed by Banco Central de la Republica 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)
June 6, 2012 Filing 464 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 6/4/2012 re: Counsel for non-party Banco de la Nacion Argentina's supplemental submission in response to NML Capital's supplemental papers in Support of Motions to Compel and for Sanctions be filed and served on July 13, 2012. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/6/2012) (pl)
June 1, 2012 Filing 463 DECLARATION of Eric C. Kirsch in Support re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Cohen, Robert)
June 1, 2012 Filing 462 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
May 18, 2012 Opinion or Order Filing 461 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 460 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 459 MANDATE of USCA (Certified Copy) as to #368 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4490. 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)
April 19, 2012 Filing 458 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 3/26/12 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...(McGuirk, Kelly)
April 19, 2012 Filing 457 TRANSCRIPT of Proceedings re: Argument held on 3/26/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Paula Speer, (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 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.(McGuirk, Kelly)
March 29, 2012 Filing 456 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 3/26/12 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...(McGuirk, Kelly)
March 29, 2012 Filing 455 TRANSCRIPT of Proceedings re: Argument held on 3/26/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Paula Speer, (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 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012.(McGuirk, Kelly)
March 16, 2012 Filing 454 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 2/23/2012 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...(McGuirk, Kelly)
March 16, 2012 Filing 453 TRANSCRIPT of Proceedings re: Conference held on 2/23/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Toni Stanley, (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 4/9/2012. Redacted Transcript Deadline set for 4/19/2012. Release of Transcript Restriction set for 6/18/2012.(McGuirk, Kelly)
December 14, 2011 Opinion or Order Filing 452 ORDER: Upon the motion NML made by letter dated November 10, 2011, it is hereby ORDERED that BNA shall provide all documents responsive to NML's subpoena, as modified, on or before January 6, 2012. (Signed by Judge Thomas P. Griesa on 12/14/2011) (lmb)
November 14, 2011 Filing 451 REPLY MEMORANDUM OF LAW in Support re: #447 MOTION to Vacate #434 Memorandum & Opinion,,.. 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)(Sher, Jeremy)
November 4, 2011 Filing 450 RESPONSE in Opposition re: #447 MOTION to Vacate #434 Memorandum & Opinion,,. /The Republic of Argentina's Opposition to NML Capital LTD.'s Motion Under Rule 60(B)(6)to Vacate the April 22, 2011 Opinion, dated November 4, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 4, 2011 Filing 449 MEMORANDUM OF LAW in Opposition re: #447 MOTION to Vacate #434 Memorandum & Opinion,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
October 21, 2011 Filing 448 MEMORANDUM OF LAW in Support re: #447 MOTION to Vacate #434 Memorandum & Opinion,,.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
October 21, 2011 Filing 447 MOTION to Vacate #434 Memorandum & Opinion,,. Document filed by NML Capital, Ltd..(Sher, Jeremy)
October 5, 2011 USCA Appeal Fees received $ 455.00 receipt number 12465400014 on 10/3/2011 re: #444 Notice of Appeal filed by The Republic of Argentina. (tp)
October 5, 2011 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #446 Notice of Appeal filed by NML Capital, Ltd., #445 Order, #174 Order, #304 Appeal Record Sent to USCA - Index, #299 Order, #307 Declaration in Support of Motion filed by The Republic of Argentina, #367 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010. filed by The Republic of Argentina, #160 Memo Endorsement, Add and Terminate Attorneys, #287 Order, #159 Order, #145 Notice of Appeal, filed by The Republic of Argentina, #139 Order, #170 Memorandum & Opinion, #313 Stipulation and Order, Set Deadlines/Hearings, #344 USCA Mandate, #138 Order, #339 Declaration in Support of Motion filed by NML Capital, Ltd., #310 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #350 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #280 Brief filed by NML Capital, Ltd., #196 Notice of Appeal filed by The Republic of Argentina, #99 USCA Mandate, #278 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #189 Order, #154 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., #150 Stipulation and Order, #346 Certificate of Service Other filed by The Republic of Argentina, #326 USCA Mandate, #360 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #289 Joinder, filed by The Republic of Argentina, #236 Stipulation and Order, Set Deadlines/Hearings, #195 Notice of Appeal filed by Banco De La Nacion Argentina, #109 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #98 USCA Mandate, #284 Declaration, filed by NML Capital, Ltd., #323 USCA Mandate, #340 Certificate of Service Other, filed by NML Capital, Ltd., #161 Endorsed Letter, #276 Declaration filed by NML Capital, Ltd., #291 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #252 Endorsed Letter, #341 Stipulation and Order, Set Scheduling Order Deadlines, #168 Amended Notice of Appeal filed by The Republic of Argentina, #133 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, #301 Notice of Appeal filed by The Republic of Argentina, #357 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #295 Memorandum & Opinion, #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. filed by EM Ltd., NML Capital, Ltd., #354 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #348 Certificate of Service Other, filed by NML Capital, Ltd., #266 Endorsed Letter, Set Deadlines, #148 Memorandum & Opinion, #277 Reply Memorandum of Law, filed by NML Capital, Ltd., #185 Endorsed Letter, Set Deadlines/Hearings, #328 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #330 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #149 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #362 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #268 Order, #135 Endorsed Letter, Set Deadlines, #337 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #152 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #153 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #191 Order, Terminate Motions, #320 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #366 Declaration in Support of Motion, filed by NML Capital, Ltd., #308 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #352 Stipulation and Order, Consent Order, #351 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #267 Order, #190 Memorandum & Opinion, #359 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #273 Declaration in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. filed by NML Capital, Ltd., #369 Joinder filed by The Republic of Argentina, #165 Order, #183 Order, #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #316 Declaration in Opposition to Motion filed by NML Capital, Ltd., #256 USCA Mandate, #368 Notice of Appeal filed by The Republic of Argentina, #309 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #242 Appeal Record Sent to USCA - Index, #274 Stipulation and Order, #293 Joinder, filed by The Republic of Argentina, #269 Order, #334 Declaration in Support of Motion, filed by The Republic of Argentina, #271 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS). filed by EM Ltd., NML Capital, Ltd., #275 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #250 Endorsed Letter, #156 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #151 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #372 Declaration in Opposition to Motion, filed by Bank of America, N.A., #59 Certificate of Service Other, filed by The Republic of Argentina, #370 Declaration filed by The Republic of Argentina, #166 Memorandum & Opinion, #292 Joinder, filed by The Republic of Argentina, #356 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #374 Notice of Appearance filed by Bank of America, N.A., #290 Response filed by Banco Central de la Republica Argentina, #314 Memorandum & Opinion, #181 Notice of Change of Address filed by NML Capital, Ltd., #315 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #345 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #325 Declaration, filed by NML Capital, Ltd., #262 USCA Order, #363 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #364 Memorandum & Opinion, #317 Declaration in Opposition to Motion, filed by NML Capital, Ltd., #302 Order, #235 Memorandum & Opinion, #335 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #140 Temporary Restraining Order, #175 Order, Set Deadlines/Hearings, #318 Stipulation and Order, #373 Memorandum of Law in Opposition to Motion filed by Bank of America, N.A., #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010 filed by The Republic of Argentina, #311 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #303 Appeal Record Sent to USCA - Index, #272 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #57 MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. filed by The Republic of Argentina, #355 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #361 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #332 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #173 Protective Order, #188 Order to Show Cause, #100 Order, #282 Certificate of Service Other filed by NML Capital, Ltd., #329 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #167 Order, #338 Declaration in Support of Motion, filed by NML Capital, Ltd., #288 Order,,, #327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #265 Memorandum of Law in Support filed by NML Capital, Ltd., #261 USCA Order - Other, #101 Notice of Appearance filed by NML Capital, Ltd., #105 Protective Order, #179 Order on Motion for Leave to File Document, #251 Order, #322 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #137 Appeal Record Sent to USCA - Index, #297 Order, #324 Notice of Appeal filed by NML Capital, Ltd., #285 Certificate of Service Other filed by NML Capital, Ltd., #112 Protective Order, #300 Notice of Appeal filed by Banco Central de la Republica Argentina, #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #331 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #212 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #111 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, Set Deadlines, #312 USCA Order, #342 Endorsed Letter, Set Deadlines/Hearings, #264 Endorsed Letter, #123 Order on Motion for Miscellaneous Relief, #343 Stipulation and Order, Set Deadlines/Hearings, #171 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #298 Endorsed Letter, Set Deadlines/Hearings, #353 Order, #184 Notice of Appeal, filed by The Republic of Argentina, #281 Declaration, filed by NML Capital, Ltd., #247 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #147 Notice of Appearance 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., #283 USCA Mandate, #104 USCA Mandate, #371 Endorsed Letter, Set Deadlines, #58 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #414 Declaration in Opposition to Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #436 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #430 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #387 Declaration filed by NML Capital, Ltd., #382 Endorsed Letter,,, #443 Memorandum & Opinion, #439 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #386 Declaration filed by NML Capital, Ltd., #437 Memorandum of Law in Opposit
October 5, 2011 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #446 Notice of Appeal. (nd)
October 5, 2011 Transmission of Notice of Appeal to the District Judge re: #446 Notice of Appeal. (nd)
October 4, 2011 Opinion or Order Filing 445 ORDER: On September 20, 2011, the Republic requested via letter that the court stay its ruling pending appeal and issue a certification pursuant to 28 U.S.C. 1292(b). The Republic's requests are denied. (Signed by Judge Thomas P. Griesa on 10/4/2011) (jfe)
October 4, 2011 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #174 Order, #304 Appeal Record Sent to USCA - Index, #299 Order, #307 Declaration in Support of Motion filed by The Republic of Argentina, #367 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010. filed by The Republic of Argentina, #160 Memo Endorsement, Add and Terminate Attorneys, #287 Order, #159 Order, #145 Notice of Appeal, filed by The Republic of Argentina, #139 Order, #170 Memorandum & Opinion, #313 Stipulation and Order, Set Deadlines/Hearings, #344 USCA Mandate, #138 Order, #339 Declaration in Support of Motion filed by NML Capital, Ltd., #310 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #350 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #280 Brief filed by NML Capital, Ltd., #196 Notice of Appeal filed by The Republic of Argentina, #99 USCA Mandate, #278 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #189 Order, #154 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., #150 Stipulation and Order, #346 Certificate of Service Other filed by The Republic of Argentina, #326 USCA Mandate, #360 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #289 Joinder, filed by The Republic of Argentina, #236 Stipulation and Order, Set Deadlines/Hearings, #195 Notice of Appeal filed by Banco De La Nacion Argentina, #109 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #98 USCA Mandate, #284 Declaration, filed by NML Capital, Ltd., #323 USCA Mandate, #340 Certificate of Service Other, filed by NML Capital, Ltd., #161 Endorsed Letter, #276 Declaration filed by NML Capital, Ltd., #291 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #252 Endorsed Letter, #341 Stipulation and Order, Set Scheduling Order Deadlines, #168 Amended Notice of Appeal filed by The Republic of Argentina, #133 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, #301 Notice of Appeal filed by The Republic of Argentina, #357 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #295 Memorandum & Opinion, #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. filed by EM Ltd., NML Capital, Ltd., #354 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #348 Certificate of Service Other, filed by NML Capital, Ltd., #266 Endorsed Letter, Set Deadlines, #148 Memorandum & Opinion, #277 Reply Memorandum of Law, filed by NML Capital, Ltd., #185 Endorsed Letter, Set Deadlines/Hearings, #328 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #330 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #149 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #362 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #268 Order, #135 Endorsed Letter, Set Deadlines, #337 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #152 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #153 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #191 Order, Terminate Motions, #320 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #366 Declaration in Support of Motion, filed by NML Capital, Ltd., #308 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #352 Stipulation and Order, Consent Order, #351 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #267 Order, #190 Memorandum & Opinion, #359 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #273 Declaration in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. filed by NML Capital, Ltd., #369 Joinder filed by The Republic of Argentina, #165 Order, #183 Order, #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #316 Declaration in Opposition to Motion filed by NML Capital, Ltd., #256 USCA Mandate, #368 Notice of Appeal filed by The Republic of Argentina, #309 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #242 Appeal Record Sent to USCA - Index, #274 Stipulation and Order, #293 Joinder, filed by The Republic of Argentina, #269 Order, #334 Declaration in Support of Motion, filed by The Republic of Argentina, #271 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS). filed by EM Ltd., NML Capital, Ltd., #275 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #250 Endorsed Letter, #156 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #151 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #372 Declaration in Opposition to Motion, filed by Bank of America, N.A., #59 Certificate of Service Other, filed by The Republic of Argentina, #370 Declaration filed by The Republic of Argentina, #166 Memorandum & Opinion, #292 Joinder, filed by The Republic of Argentina, #356 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #374 Notice of Appearance filed by Bank of America, N.A., #290 Response filed by Banco Central de la Republica Argentina, #314 Memorandum & Opinion, #181 Notice of Change of Address filed by NML Capital, Ltd., #315 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #345 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #325 Declaration, filed by NML Capital, Ltd., #262 USCA Order, #363 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #364 Memorandum & Opinion, #317 Declaration in Opposition to Motion, filed by NML Capital, Ltd., #302 Order, #235 Memorandum & Opinion, #335 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #140 Temporary Restraining Order, #175 Order, Set Deadlines/Hearings, #318 Stipulation and Order, #373 Memorandum of Law in Opposition to Motion filed by Bank of America, N.A., #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010 filed by The Republic of Argentina, #311 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #303 Appeal Record Sent to USCA - Index, #272 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #57 MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. filed by The Republic of Argentina, #355 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #361 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #332 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #173 Protective Order, #188 Order to Show Cause, #100 Order, #282 Certificate of Service Other filed by NML Capital, Ltd., #329 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #167 Order, #338 Declaration in Support of Motion, filed by NML Capital, Ltd., #288 Order,,, #327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #265 Memorandum of Law in Support filed by NML Capital, Ltd., #261 USCA Order - Other, #101 Notice of Appearance filed by NML Capital, Ltd., #105 Protective Order, #179 Order on Motion for Leave to File Document, #251 Order, #322 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #137 Appeal Record Sent to USCA - Index, #297 Order, #324 Notice of Appeal filed by NML Capital, Ltd., #285 Certificate of Service Other filed by NML Capital, Ltd., #112 Protective Order, #300 Notice of Appeal filed by Banco Central de la Republica Argentina, #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #331 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #212 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #111 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, Set Deadlines, #312 USCA Order, #342 Endorsed Letter, Set Deadlines/Hearings, #264 Endorsed Letter, #123 Order on Motion for Miscellaneous Relief, #343 Stipulation and Order, Set Deadlines/Hearings, #171 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #298 Endorsed Letter, Set Deadlines/Hearings, #353 Order, #184 Notice of Appeal, filed by The Republic of Argentina, #281 Declaration, filed by NML Capital, Ltd., #247 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #147 Notice of Appearance 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., #283 USCA Mandate, #104 USCA Mandate, #371 Endorsed Letter, Set Deadlines, #58 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #414 Declaration in Opposition to Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #436 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #430 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #387 Declaration filed by NML Capital, Ltd., #382 Endorsed Letter,,, #443 Memorandum & Opinion, #439 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #386 Declaration filed by NML Capital, Ltd., #437 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelit
October 4, 2011 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #444 Notice of Appeal. (nd)
October 4, 2011 Transmission of Notice of Appeal to the District Judge re: #444 Notice of Appeal. (nd)
October 3, 2011 Filing 446 NOTICE OF APPEAL [ Filed in Night Deposit box] from #434 Opinion,, #441 Opinion. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number 465401018193. (nd)
September 30, 2011 Appeal Remark as to #444 Notice of Appeal filed by The Republic of Argentina. $455.00 APPEAL FILING FEE DUE. (nd)
September 30, 2011 Filing 444 NOTICE OF APPEAL from #442 Opinion. Document filed by The Republic of Argentina. (nd)
September 2, 2011 Filing 443 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) Modified on 9/6/2011 (ajc).
September 2, 2011 Filing 442 OPINION: #100745 For the reasons stated on the record at the hearing on August 30, 2011, the court grants Plaintiffs motion to compel Bank of America and BNA to comply with the subpoenas, subject to modifications of details. The Court denies the Republic's motion to quash the subpoena served on Bank of America. The opinion resolves the motions listed as document numbers 306 and 365 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) Modified on 9/6/2011 (ajc).
September 2, 2011 Filing 441 OPINION: #100744 On May 6. 2011 NML Capital, Ltd. Moved for reconsideration of the Court's April 22, 2011 opinion. For the reasons stated on the record at the hearing held on August 30, 2011, the court denies plaintiff's motion. This opinion resolves the motion listed as document number 435 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) Modified on 9/6/2011 (ajc).
August 30, 2011 Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 8/30/2011. The Following discovery motions were all granted and should be closed: 03cv8845 #336 & #365; 05cv2434 #370; 06cv6466 #292; 07cv1910 #242; 07cv2690 #238; 07cv6563 #228; 08cv2541 #256; 08cv3302 #253; 08cv6978 #252; 09cv1707 #107; 09cv1708 #108. The following motions for reconsideration were denied and should be closed: 03cv8845 #435; 05cv2434 #434; 06cv6466 #355; 07cv1910 #305; 07cv2690 #307; 07cv6563 #293; 08cv2541 #317; 08cv3302 #314; 08cv6978 #328; 09cv1707 #180; 09cv1708 #181. (mro)
May 31, 2011 Filing 440 NOTICE OF APPEARANCE by Edward David Sherwin on behalf of Bank for International Settlements, Jaime Caruana (Sherwin, Edward)
May 27, 2011 Filing 439 REPLY MEMORANDUM OF LAW in Support re: #435 MOTION for Reconsideration re; #434 Memorandum & Opinion,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
May 20, 2011 Filing 438 JOINDER to join re: #437 Memorandum of Law in Opposition to Motion , with Certificate of Service of Richard V. Conza, dated May 20, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
May 20, 2011 Filing 437 MEMORANDUM OF LAW in Opposition re: #435 MOTION for Reconsideration re; #434 Memorandum & Opinion,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
May 6, 2011 Filing 436 MEMORANDUM OF LAW in Support re: #435 MOTION for Reconsideration re; #434 Memorandum & Opinion,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
May 6, 2011 Filing 435 MOTION for Reconsideration re; #434 Memorandum & Opinion,,. Document filed by NML Capital, Ltd..(Jacob, Charles)
April 22, 2011 Opinion or Order Filing 434 OPINION: #100246 NML's motion to confirm the order of attachment is denied. The cross-motion of AR-SAT and the Republic is granted, and the February 7, 2011 order of attachment is vacated. The court denies AR-SAT's cross motion for damages. This opinion resolves the motions listed as document numbers #406 , #417 , and #422 in case 03 Civ. 8845, as well as the same motions in the related cases. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/21/2011) (lnl) Modified on 4/27/2011 (ajc).
April 15, 2011 Filing 433 CERTIFICATE OF SERVICE of Brendan Cyr re #429 on April 14, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
April 14, 2011 Filing 432 DECLARATION of Federico Dosztal in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
April 14, 2011 Filing 431 DECLARATION of Steven M. Hecht in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
April 14, 2011 Filing 430 REPLY MEMORANDUM OF LAW in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
April 14, 2011 Filing 429 REPLY MEMORANDUM OF LAW in Support re: #422 MOTION to Vacate #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
April 7, 2011 Filing 428 REPLY AFFIRMATION of Charles R. Jacob III in Support re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by 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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Jacob, Charles)
April 7, 2011 Filing 427 REPLY MEMORANDUM OF LAW in Support re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
April 7, 2011 Filing 426 MEMORANDUM OF LAW in Opposition re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
March 23, 2011 Filing 425 CERTIFICATE OF SERVICE of Richard V. Conza on March 22, 2011, re: #422 , #423 , #424 . Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
March 22, 2011 Filing 424 MEMORANDUM OF LAW of the Republic of Argentina in Opposition to Plaintiff's Motion to Confirm Ex Parte Attachment Order and in Support of Motion to Vacate Order, dated March 22, 2011, re: #406 , #422 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
March 22, 2011 Filing 423 DECLARATION of Sara A. Sanchez re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011., #422 MOTION to Vacate #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Declaration dated March 22, 2011, with exhibits A-D. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
March 22, 2011 Filing 422 MOTION to Vacate #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
March 22, 2011 Filing 421 DECLARATION of Mariano Goldschmidt in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
March 22, 2011 Filing 420 DECLARATION of Joaquina Maria Berraondo in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hecht, Steven)
March 22, 2011 Filing 419 DECLARATION of Steven M. Hecht in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hecht, Steven)
March 22, 2011 Filing 418 MEMORANDUM OF LAW in Support re: #417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
March 22, 2011 Filing 417 MOTION to Vacate #405 Order on Motion to Attach,,,,,,,. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). Return Date set for 4/14/2011 at 09:00 AM. (Attachments: #1 Text of Proposed Order)(Hecht, Steven)
March 22, 2011 Filing 416 DECLARATION of Mariano Goldschmidt in Opposition re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
March 22, 2011 Filing 415 DECLARATION of Joaquina Maria Berraondo in Opposition re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hecht, Steven)
March 22, 2011 Filing 414 DECLARATION of Steven M. Hecht in Opposition re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hecht, Steven)
March 22, 2011 Filing 413 MEMORANDUM OF LAW in Opposition re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
March 4, 2011 Filing 412 REPLY MEMORANDUM OF LAW regarding Motions to Quash and to Compel. Document filed by EM Ltd., NML Capital, Ltd.. (Cohen, Robert)
March 3, 2011 Filing 411 NOTICE OF APPEARANCE by Kevin Michael Brennan on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Brennan, Kevin)
March 3, 2011 Filing 410 NOTICE OF APPEARANCE by Steven Michael Hecht on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Hecht, Steven)
February 28, 2011 Filing 409 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. Set Deadline as to #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents, #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena: Replies due by 3/4/2011. (Signed by Judge Thomas P. Griesa on 2/28/2011) (lnl)
February 18, 2011 Filing 408 DECLARATION of Charles R. Jacob III in Support re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by 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, #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)(Sher, Jeremy)
February 18, 2011 Filing 407 MEMORANDUM OF LAW in Support re: #406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
February 18, 2011 Filing 406 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Document filed by NML Capital, Ltd.. Return Date set for 3/14/2011 at 09:30 AM.(Sher, Jeremy)
February 18, 2011 Opinion or Order Filing 405 ORDER OF ATTACHMENT granting #389 Motion to Attach in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for NML in all of the Pending NML Actions, and that the amount to be secured by this Order is $2,521,083,692.38 and as further set forth herein; FURTHER ORDERED that the attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that NML pay Argentina' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment Order if it is decided that NML is not entitled to an attachment of the Properly described above and is ordered to compensate Argentina; and it is FURTHER ORDERED that the garnishee statement required by CPLR 6219 shall be served via email and first class email, within 5 days of service on you with this Attachment Order, upon Charles R. Jacob III, Esq., Miller & Wrubel P.C., 570 Lexington Avenue, New York, NY 10022, cjacob@mw-law.com; and it is FURTHER ORDERED that you, your agents, subdivisions, officers, employees, and attorneys, and all persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Attachment 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 or assisting in the transfer, or in any other way affecting the value of, any such property or debt; (Signed by Judge Thomas P. Griesa on 2/7/11) (djc) Modified on 2/18/2011 (djc). Modified on 2/18/2011 (djc).
February 17, 2011 Appeal Record Returned. [6 vols.] Indexed record on Appeal Files for Appeal Record Sent to USCA - File, USCA Case Number 08-5622-cv, returned from the U.S. Court of Appeals. (nd)
February 11, 2011 Filing 404 CERTIFICATE OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 9, 2011. Service was accepted by Audrey Acchione, person authorized to accept service. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
February 11, 2011 Filing 403 AFFIDAVIT OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 8, 2011. Service was accepted by CSC (Corporate Services Company) as registered agent. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
February 11, 2011 Filing 402 CERTIFICATE OF SERVICE of Richard V. Conza re #400 and #401 on February 10, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
February 10, 2011 Filing 401 DECLARATION of Rachel Goldbrenner , Dated February 10, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
February 10, 2011 Filing 400 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. (Boccuzzi, Carmine)
February 10, 2011 Filing 399 DECLARATION of Hermann Greve in Support re: #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
February 10, 2011 Filing 398 DECLARATION of Prof Dr. Ramon Mabillard LL.M. in Support re: #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
February 10, 2011 Filing 397 REPLY MEMORANDUM OF LAW in Support re: #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
February 10, 2011 Filing 396 DECLARATION of Miguel Angel Mandrile in Opposition re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
February 10, 2011 Filing 395 DECLARATION of Eduardo Alberto Barreira Delfino in Opposition re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
February 10, 2011 Filing 394 MEMORANDUM OF LAW in Opposition re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
February 10, 2011 Filing 393 DECLARATION of Mark S. Sullivan in Opposition re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit exhibit 1, #2 Exhibit exhibit 2, #3 Exhibit exhibit 3, #4 Exhibit exhibit 4, #5 Exhibit exhibit 5)(Sullivan, Mark)
February 10, 2011 Filing 392 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. and in further support of motion to quash. Document filed by Bank of America, N.A.. (Glickman, Barry)
February 10, 2011 Filing 391 DECLARATION of Charles R. Jacob III in Support re: #389 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by 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, #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)(Sher, Jeremy)
February 10, 2011 Filing 390 MEMORANDUM OF LAW in Support re: #389 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
February 10, 2011 Filing 389 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. Document filed by NML Capital, Ltd..(Sher, Jeremy)
January 28, 2011 Filing 388 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 387 DECLARATION of CHARLES R. JACOB. Document filed by NML Capital, Ltd.. (Cohen, Robert)
January 20, 2011 Filing 386 DECLARATION of ROSSANA SALARIS IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY BANK OF AMERICA, N.A. AND IN OPPOSITION TO MOTION TO QUASH SUBPOENA. Document filed by NML Capital, Ltd.. (Cohen, Robert)
January 20, 2011 Filing 385 DECLARATION of ERIC C. KIRSCH. Document filed by 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 384 SUPPLEMENTAL MEMORANDUM OF LAW REGARDING MOTIONS TO QUASH AND COMPEL. Document filed by NML Capital, Ltd.. (Cohen, Robert)
January 19, 2011 Filing 383 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 #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. Plaintiffs' Reply Memorandum due by 3/1/2011. (lnl)
January 13, 2011 Set Deadline as to #358 BIS MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. BIS Reply Memorandum due by 2/10/2011. (lnl)
January 13, 2011 Filing 382 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 381 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Mark S. Sullivan, dated 11/30/2010, re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the revised briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 10, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; January 13, 2011: Plaintiff's reply memorandum in support of Motion, and any supporting papers. The Court previously endorsed a briefing schedule with the respective papers due on December 1 and December 15. However, logistics issues, including the translation of documents, caused BNA to request the revised schedule, to which all of the parties have consented. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl)
December 10, 2010 Filing 380 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)
November 19, 2010 Filing 379 DECLARATION of Saverio Lembo in Opposition to Motion to Quash Subpoena and in Support re: #375 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
November 19, 2010 Filing 378 DECLARATION of Alex Cukierman Ph.D in Opposition to Motion to Quash Subpoena and in Support re: #375 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by 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 PT 1OF3, #10 Exhibit 9 PT 2OF 3, #11 Exhibit 9 PT 3OF3, #12 Exhibit 10 PT 1OF 2, #13 Exhibit 10 PT 2OF2, #14 Exhibit 11, #15 Exhibit 12)(Hranitzky, Dennis)
November 19, 2010 Filing 377 DECLARATION of Dennis H. Hranitzky in Opposition to Motion to Quash Subpoena and in Support re: #375 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C PT 1OF 2, #4 Exhibit C PT 2OF2, #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 376 MEMORANDUM OF LAW in Support re: #375 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 NML Capital, Ltd.. (Hranitzky, Dennis)
November 19, 2010 Filing 375 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. Document filed by NML Capital, Ltd..(Hranitzky, Dennis)
November 15, 2010 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #174 Order, #304 Appeal Record Sent to USCA - Index, #299 Order, #307 Declaration in Support of Motion filed by The Republic of Argentina, #367 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010. filed by The Republic of Argentina, #160 Memo Endorsement, Add and Terminate Attorneys, #287 Order, #159 Order, #145 Notice of Appeal, filed by The Republic of Argentina, #139 Order, #170 Memorandum & Opinion, #313 Stipulation and Order, Set Deadlines/Hearings, #344 USCA Mandate, #138 Order, #339 Declaration in Support of Motion filed by NML Capital, Ltd., #310 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #350 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #280 Brief filed by NML Capital, Ltd., #196 Notice of Appeal filed by The Republic of Argentina, #99 USCA Mandate, #278 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #189 Order, #154 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., #150 Stipulation and Order, #346 Certificate of Service Other filed by The Republic of Argentina, #326 USCA Mandate, #360 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #289 Joinder, filed by The Republic of Argentina, #236 Stipulation and Order, Set Deadlines/Hearings, #195 Notice of Appeal filed by Banco De La Nacion Argentina, #109 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #98 USCA Mandate, #284 Declaration, filed by NML Capital, Ltd., #323 USCA Mandate, #340 Certificate of Service Other, filed by NML Capital, Ltd., #161 Endorsed Letter, #276 Declaration filed by NML Capital, Ltd., #291 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #252 Endorsed Letter, #341 Stipulation and Order, Set Scheduling Order Deadlines, #168 Amended Notice of Appeal filed by The Republic of Argentina, #133 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, #301 Notice of Appeal filed by The Republic of Argentina, #357 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #295 Memorandum & Opinion, #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. filed by EM Ltd., NML Capital, Ltd., #354 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #348 Certificate of Service Other, filed by NML Capital, Ltd., #266 Endorsed Letter, Set Deadlines, #148 Memorandum & Opinion, #277 Reply Memorandum of Law, filed by NML Capital, Ltd., #185 Endorsed Letter, Set Deadlines/Hearings, #328 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #330 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #149 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #362 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #268 Order, #135 Endorsed Letter, Set Deadlines, #337 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #152 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #153 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #191 Order, Terminate Motions, #320 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #366 Declaration in Support of Motion, filed by NML Capital, Ltd., #308 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #352 Stipulation and Order, Consent Order, #351 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #267 Order, #190 Memorandum & Opinion, #359 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #273 Declaration in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. filed by NML Capital, Ltd., #369 Joinder filed by The Republic of Argentina, #165 Order, #183 Order, #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #316 Declaration in Opposition to Motion filed by NML Capital, Ltd., #256 USCA Mandate, #368 Notice of Appeal filed by The Republic of Argentina, #309 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #242 Appeal Record Sent to USCA - Index, #274 Stipulation and Order, #293 Joinder, filed by The Republic of Argentina, #269 Order, #334 Declaration in Support of Motion, filed by The Republic of Argentina, #271 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS). filed by EM Ltd., NML Capital, Ltd., #275 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #250 Endorsed Letter, #156 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #151 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #372 Declaration in Opposition to Motion, filed by Bank of America, N.A., #59 Certificate of Service Other, filed by The Republic of Argentina, #370 Declaration filed by The Republic of Argentina, #166 Memorandum & Opinion, #292 Joinder, filed by The Republic of Argentina, #356 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #374 Notice of Appearance filed by Bank of America, N.A., #290 Response filed by Banco Central de la Republica Argentina, #314 Memorandum & Opinion, #181 Notice of Change of Address filed by NML Capital, Ltd., #315 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #345 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #325 Declaration, filed by NML Capital, Ltd., #262 USCA Order, #363 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #364 Memorandum & Opinion, #317 Declaration in Opposition to Motion, filed by NML Capital, Ltd., #302 Order, #235 Memorandum & Opinion, #335 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #140 Temporary Restraining Order, #175 Order, Set Deadlines/Hearings, #318 Stipulation and Order, #373 Memorandum of Law in Opposition to Motion filed by Bank of America, N.A., #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010 filed by The Republic of Argentina, #311 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #303 Appeal Record Sent to USCA - Index, #272 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #57 MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. filed by The Republic of Argentina, #355 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #361 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #332 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #173 Protective Order, #188 Order to Show Cause, #100 Order, #282 Certificate of Service Other filed by NML Capital, Ltd., #329 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #167 Order, #338 Declaration in Support of Motion, filed by NML Capital, Ltd., #288 Order,,, #327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #265 Memorandum of Law in Support filed by NML Capital, Ltd., #261 USCA Order - Other, #101 Notice of Appearance filed by NML Capital, Ltd., #105 Protective Order, #179 Order on Motion for Leave to File Document, #251 Order, #322 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #137 Appeal Record Sent to USCA - Index, #297 Order, #324 Notice of Appeal filed by NML Capital, Ltd., #285 Certificate of Service Other filed by NML Capital, Ltd., #112 Protective Order, #300 Notice of Appeal filed by Banco Central de la Republica Argentina, #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #331 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #212 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #111 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, Set Deadlines, #312 USCA Order, #342 Endorsed Letter, Set Deadlines/Hearings, #264 Endorsed Letter, #123 Order on Motion for Miscellaneous Relief, #343 Stipulation and Order, Set Deadlines/Hearings, #171 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #298 Endorsed Letter, Set Deadlines/Hearings, #353 Order, #184 Notice of Appeal, filed by The Republic of Argentina, #281 Declaration, filed by NML Capital, Ltd., #247 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #147 Notice of Appearance 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., #283 USCA Mandate, #104 USCA Mandate, #371 Endorsed Letter, Set Deadlines, #58 Memorandum of Law in Support of Motion, filed by The Republic of Argentina USCA Case Number 10-4490, were transmitted to the U.S. Court of Appeals. (tp)
November 10, 2010 Filing 374 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Bank of America, N.A. (Glickman, Barry)
November 10, 2010 Filing 373 MEMORANDUM OF LAW in Opposition re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. (previously filed in hard copy on September 2, 2010). Document filed by Bank of America, N.A.. (Glickman, Barry)
November 10, 2010 Filing 372 DECLARATION of Barry J. Glickman (previously filed in hard copy of September 2, 2010) in Opposition re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena.. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A)(Glickman, Barry)
November 8, 2010 Filing 371 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated November 4, 2010 re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the following, agreed briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 1, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; December 15, 2010: Plaintiff's reply memorandum in support of Motion, and any supporting papers. ENDORSEMENT: Approved. ( Responses due by 12/1/2010, Replies due by 12/15/2010.) (Signed by Judge Thomas P. Griesa on 11/8/20/10) (jmi) Modified on 11/10/2010 (jmi).
November 3, 2010 Filing 370 DECLARATION of Rachel Goldbrenner, dated November 3, 2010, re: #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana., #369 Joinder. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 3, 2010 Filing 369 JOINDER to join re: #358 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: #368 Notice of Appeal. (nd)
November 2, 2010 Transmission of Notice of Appeal to the District Judge re: #368 Notice of Appeal. (nd)
November 1, 2010 Filing 367 MEMORANDUM OF LAW in Support re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
November 1, 2010 Filing 366 DECLARATION of Joshua I. Sherman in Support re: #365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. 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, #20 Exhibit T, #21 Exhibit U)(Cohen, Robert)
November 1, 2010 Filing 365 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Document filed by NML Capital, Ltd..(Cohen, Robert)
October 29, 2010 Filing 368 NOTICE OF APPEAL from #364 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 920152. (nd)
October 26, 2010 Set/Reset Deadlines as to #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Responses due by 11/19/2010 Replies due by 12/10/2010. (jfe)
October 26, 2010 Opinion or Order Filing 363 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 362 DECLARATION of Dr. Ramon Mabillard in Support re: #358 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 361 DECLARATION of Hermann Greve in Support re: #358 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 360 DECLARATION of Jaime Caruana in Support re: #358 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 359 MEMORANDUM OF LAW in Support re: #358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
October 21, 2010 Filing 358 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen)
October 21, 2010 Filing 357 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen)
October 21, 2010 Filing 356 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Bank for International Settlements, Jaime Caruana (Kerr, James)
October 21, 2010 Filing 355 NOTICE OF APPEARANCE by Jennifer Gillian Newstead on behalf of Bank for International Settlements, Jaime Caruana (Newstead, Jennifer)
October 21, 2010 Filing 354 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 353 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) (jpo)
September 30, 2010 Opinion or Order Filing 364 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). (cd). (Entered: 11/01/2010)
September 24, 2010 Opinion or Order Filing 352 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 351 REPLY MEMORANDUM OF LAW in Support re: #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine)
September 21, 2010 Filing 350 REPLY MEMORANDUM OF LAW in Opposition re: 243 MOTION for Reconsideration.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
September 17, 2010 Filing 349 SEALED DOCUMENT placed in vault.(nm)
September 16, 2010 Filing 348 CERTIFICATE OF SERVICE of Plaintiff NML Capital, Ltd.'s Reply Memorandum of Law in Further Support of Motion to Compel Bank of America, N.A. to Produce Documents in Compliance with Subpoena served on Defendant The Republic of Argentina and Non-Party Bank of America, N.A. on September 16, 2010. Service was made by Mail and E-Mail. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
September 10, 2010 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Declaration Of Barry J. Glickman Barry J. Glickman, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (jab)
September 8, 2010 Filing 347 SEALED DOCUMENT placed in vault.(nm)
September 2, 2010 Filing 346 CERTIFICATE OF SERVICE of Andrew M. Scott on September 1, 2010, re: #345 . Service was made by Federal Express. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 1, 2010 Filing 345 MEMORANDUM OF LAW in Opposition re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. Dated September 1, 2010. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
August 30, 2010 Transmission of USCA Mandate/Order to the District Judge re: #344 USCA Mandate. (tp)
August 27, 2010 Filing 344 MANDATE of USCA (Certified Copy) as to #196 Notice of Appeal filed by The Republic of Argentina, #195 Notice of Appeal filed by Banco De La Nacion Argentina USCA Case Number 09-3929-cv; 09-3932-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 18, 2010 Opinion or Order Filing 342 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Barry J. Glickman dated 8/17/2010 re: Requesting an extension of the briefing schedule such that BANA's time to respond is September 1, 2010 and plaintiff's time to respond is extended to September 16, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 8/18/2010) (jpo)
August 13, 2010 Opinion or Order Filing 343 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 341 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)
August 10, 2010 Filing 340 CERTIFICATE OF SERVICE of Notice of Motion to Compel, Memorandum of Law in Support of Motion to Compel, Declaration of Joel M. Miller, Declaration of Robert Brunner served on Bank of America, N.A. on August 9, 2010. Service was accepted by Barry J. Glickman, counsel for Bank of America, N.A.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
August 9, 2010 Filing 339 DECLARATION of Robert Brunner in Support re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Sher, Jeremy)
August 9, 2010 Filing 338 DECLARATION of Joel M. Miller in Support re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena.. 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)(Sher, Jeremy)
August 9, 2010 Filing 337 MEMORANDUM OF LAW in Support re: #336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
August 9, 2010 Filing 336 MOTION to Compel Non-Party Bank of America, N.A. to Comply with Subpoena. Document filed by NML Capital, Ltd..(Sher, Jeremy)
July 30, 2010 Filing 335 MEMORANDUM OF LAW in Support re: #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders 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, dated July 30, 2010. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 30, 2010 Filing 334 DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: #333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-O)(Boccuzzi, Carmine)
July 30, 2010 Filing 333 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
July 30, 2010 Filing 332 DECLARATION of Geoffrey P. Miller in Support re: #327 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 331 DECLARATION of Hernan Del Villar in Support re: #327 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 330 DECLARATION of Eduardo Barreira Delfino in Support re: #327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
July 30, 2010 Filing 329 DECLARATION of Juan Carlos Fabrega in Support re: #327 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 328 MEMORANDUM OF LAW in Support re: #327 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 327 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark)
July 23, 2010 Filing 326 MANDATE of USCA (Certified Copy) as to #324 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 10-2910....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 325 DECLARATION of Michael Z. Goldman. Document filed by 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, #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)(Hranitzky, Dennis)
July 16, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #324 Notice of Appeal. (nd)
July 16, 2010 Transmission of Notice of Appeal to the District Judge re: #324 Notice of Appeal. (nd)
July 14, 2010 Filing 324 NOTICE OF APPEAL from #314 Memorandum & Opinion. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number E 909082. (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 323 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 322 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)
July 1, 2010 Filing 321 DECLARATION of Barry J. Glickman. Document filed by Bank of America, N.A.. (mbe)
June 30, 2010 Filing 320 REPLY MEMORANDUM OF LAW in Support re: #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine)
June 21, 2010 First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #307 Declaration in Support of Motion filed by The Republic of Argentina, #314 Memorandum & Opinion, #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010 filed by The Republic of Argentina, #315 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #317 Declaration in Opposition to Motion, filed by NML Capital, Ltd., #313 Stipulation and Order, Set Deadlines/Hearings, #310 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #318 Stipulation and Order, #311 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #308 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #312 USCA Order, #316 Declaration in Opposition to Motion filed by NML Capital, Ltd., #309 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina USCA Case Number 10-1487-cv (L), were transmitted to the U.S. Court of Appeals. (tp)
June 18, 2010 Filing 319 MEMORANDUM OF LAW in Support of Defendant's MOTION to Quash. Document filed by Bank of America, N.A. (mro)
June 18, 2010 Opinion or Order Filing 318 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 17, 2010 Filing 317 DECLARATION of Joel M. Miller in Opposition re: #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sher, Jeremy)
June 17, 2010 Filing 316 DECLARATION of Robert Brunner in Opposition re: #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
June 17, 2010 Filing 315 MEMORANDUM OF LAW in Opposition re: #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
June 11, 2010 Opinion or Order Filing 314 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 313 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 312 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 25, 2010 Filing 311 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Christopher Moore dated 5/24/10 re: Request that NML shall have until Thursday, 6/17/10 to serve papers in response to the motion to quash and the Republic shall have until Wednesday, 6/30/10 to serve reply papers in support. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/25/10) (cd)
May 21, 2010 Filing 310 REPLY MEMORANDUM OF LAW in Support re: #291 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 21, 2010 Filing 309 REPLY MEMORANDUM OF LAW in Support re: #291 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
May 17, 2010 Filing 308 MEMORANDUM OF LAW in Support re: #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 17, 2010 Filing 307 DECLARATION of Carmine Boccuzzi, with Exhibits A-Q in Support re: #306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 17, 2010 Filing 306 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
May 7, 2010 Filing 305 SEALED DOCUMENT placed in vault.(cb)
May 7, 2010 Filing 304 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #300 Notice of Appeal filed by Banco Central de la Republica Argentina USCA Case Number 10-1510, 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 303 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #301 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-1545, 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 302 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: #301 Notice of Appeal. (nd)
April 22, 2010 Transmission of Notice of Appeal to the District Judge re: #301 Notice of Appeal. (nd)
April 21, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #300 Notice of Appeal. (nd)
April 21, 2010 Transmission of Notice of Appeal to the District Judge re: #300 Notice of Appeal. (nd)
April 20, 2010 Filing 301 NOTICE OF APPEAL from #295 Memorandum & Opinion,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 901478. (nd)
April 20, 2010 Filing 300 NOTICE OF APPEAL from #295 Memorandum & Opinion. Document filed by Banco Central de la Republica Argentina. Filing fee $ 455.00, receipt number E 901378. (nd)
April 16, 2010 Opinion or Order Filing 299 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 298 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 8, 2010 Opinion or Order Filing 297 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 296 OPINION. The document was incorrectly filed in this case. (jfe)
April 7, 2010 Opinion or Order Filing 295 OPINION 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 4/19/2010 (jpo).
March 29, 2010 Filing 294 SEALED DOCUMENT placed in vault.(jri)
March 29, 2010 Filing 293 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 26, 2010 Filing 292 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 291 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 290 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
March 26, 2010 Filing 289 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 293) - 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 288 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 287 ORDER: 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)
March 15, 2010 Filing 286 SEALED DOCUMENT placed in vault.(jri)
March 4, 2010 Filing 285 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
March 4, 2010 Filing 284 DECLARATION of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets. Document filed by NML Capital, Ltd.. (Attachments: #1 Translation to Exhibit 51, #2 Translation to Exhibit 52, #3 Translation to Exhibit 53, #4 Exhibit Translation to Exhibit 54, #5 Translation to Exhibit 55, #6 Translation to Exhibit 56, #7 Translation to Exhibit 57, #8 Translation to Exhibit 58)(Hranitzky, Dennis)
March 3, 2010 Filing 283 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 282 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
March 2, 2010 Filing 281 DECLARATION of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets. Document filed by 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, #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, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58)(Hranitzky, Dennis)
March 2, 2010 Filing 280 SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF PLAINTIFFS' SEPTEMBER 2006 MOTION TO ATTACH AND RESTRAIN CERTAIN ASSETS. Document filed by NML Capital, Ltd..(Hranitzky, Dennis)
February 22, 2010 Filing 279 SEALED DOCUMENT placed in vault.(nm)
February 17, 2010 Opinion or Order Filing 278 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 277 SUPPLEMENTAL REPLY MEMORANDUM OF LAW In Reply To Defendant Banco Central De La Republica Argentina's Supplemental Memorandum In Response To The December 7, 2009 Declaration of Dennis Hranitzky.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
February 8, 2010 Filing 276 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. Document filed by NML Capital, Ltd.. (Bigge, David)
February 1, 2010 TRANSCRIPT of proceedings held on 1/13/10 before Judge Thomas P. Griesa. (orig. docketed in 03cv2507 as document #357). (pl)
February 1, 2010 Set/Reset Deadlines: Responses due by 2/4/2010. (tro)
February 1, 2010 Filing 275 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 TRANSCRIPT of proceedings held on 1/15/10 before Judge Thomas P. Griesa. (orig. docketed in 03cv2507 as document #354)(pl)
January 15, 2010 Opinion or Order Filing 274 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 273 DECLARATION of Suzanne M. Grosso in Support re: #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution., #271 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS).. Document filed by NML Capital, Ltd., EM 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 272 MEMORANDUM OF LAW in Support re: #270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution., #271 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS).. Document filed by NML Capital, Ltd., EM Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Filing 271 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS). Document filed by NML Capital, Ltd., EM Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Filing 270 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. Document filed by NML Capital, Ltd., EM Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Opinion or Order Filing 269 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 268 RESTRAINING ORDER. To: Lazard. 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)
January 13, 2010 Opinion or Order Filing 267 WRIT OF EXECUTION. BY ORDER ON WRIT OF EXECUTION issued by the Court dated January 11,2 10, Final Judgment having been entered in the above-captioned action in the Southern District of New York on December 18, 2006 in favor of Plaintiff NML Capital, 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), in satisfaction of the Final Judgment amount of $284,184,632, plus post-judgment interest from December 18, 2006 on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961 (which, as of January 11, 2010, had accrued in the amount $45,394,086.93, 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 Nacipn Argentina, 299 Park Avenue, New York, New York 10171, as appointed in the Fiscal Agency 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. (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
December 15, 2009 Filing 266 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 265 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directing to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Cohen, Robert)
December 8, 2009 Case Designated ECF. (dle)
December 8, 2009 Opinion or Order Filing 264 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 263 DECLARATION of Dennis Hranitzky. Document filed by NML Capital, Ltd., EM Ltd. (Received in the night deposit box on 12/7/09 at 9:10pm) (mro)
December 7, 2009 Filing 262 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 261 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 260 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for "new" attachment and restraining orders, and "new" writs of execution. Document filed by The Republic of Argentina. (tro)
December 3, 2009 Filing 259 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: #256 USCA Mandate.(tp)
December 1, 2009 Filing 258 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attahment and Restraining Orders, and New Writs of Execution Directing to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd., EM Ltd.. (mbe)
December 1, 2009 Filing 257 DECLARATION of Eric C. Kirsch. Document filed by NML Capital, Ltd., EM Ltd. (mbe)
December 1, 2009 Filing 256 MANDATE of USCA (Certified Copy) as to #145 Notice of Appeal, filed by The Republic of Argentina, 129 Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #154 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., #168 Amended Notice of Appeal filed by The Republic of Argentina, #133 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, #149 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #153 Amended Notice of Appeal,, filed by Administracion Nacional de Seguridad Social, #171 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5622-cv(CON); 08-5794-cv(CON); 08-6257-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 255 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Maritime served on Banco de la Nacion Argentina on 11/12/09. Service was accepted by Roberto Barrientos (VP). Document filed by NML Capital, Ltd. (ldi)
November 20, 2009 Filing 254 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 6:42pm) (mro)
November 12, 2009 Opinion or Order Filing 252 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 253 TRANSCRIPT of proceedings held on 11/4/09 before Judge Thomas P. Griesa. (ldi)
November 9, 2009 USCA Case Number 09-3932-cv(Con) from the USCA 2nd Circuit assigned to #195 Notice of Appeal filed by Banco De La Nacion Argentina. (tp)
November 6, 2009 Opinion or Order Filing 251 ORDER that for the reasons stated on the record, the motion of plaintiff Capital Ventures to compel discovery from the Republic concerning any possible exchange offer and the motion of plaintiff NML Captial to compel discovery from Barclays Bank, Citigroup, and Deutsche Bank AG are denied. (Signed by Judge Thomas P. Griesa on 11/6/09) (cd)
November 6, 2009 Opinion or Order Filing 250 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 249 MEMORANDUM OF LAW in Opposition re: 243 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 248 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 NML Capital, Ltd. (ldi)
November 3, 2009 Set/Reset Deadlines as to 243 MOTION for Reconsideration. Responses due by 11/5/2009 (tro)
November 3, 2009 Opinion or Order Filing 247 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 26, 2009 USCA Case Number 09-3929-cv from the USCA 2nd Circuit assigned to #196 Notice of Appeal filed by The Republic of Argentina. (tp)
October 19, 2009 Filing 246 DECLARATION of Kevin S. Reed (with Exhibits). Document filed by NML Capital, Ltd.. (mbe)
October 19, 2009 Filing 245 REPLY MEMORANDUM OF LAW in Opposition re: 201 MOTION to Compel Citigroup, Inc., 204 MOTION to Compel Deusche Bank AG., 208 MOTION to Compel Barclays Bank AG.. Document filed by NML Capital, Ltd.. (mbe)
October 15, 2009 Filing 244 MEMORANDUM OF LAW in Support re: 243 MOTION for Reconsideration. Document filed by NML Capital, Ltd., EM Ltd. (dle)
October 15, 2009 Filing 243 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 NML Capital, Ltd., EM Ltd.(dle)
October 15, 2009 Filing 242 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #196 Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-3929-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd)
October 14, 2009 Filing 241 AFFIDAVIT OF SERVICE of memorandum of law on non party Citigroup, Inc. in opposition to NML Capital Ltd.'s motion to compel non party Citigroup, Inc. to respond to subpoena and Declaration of Sharon L. Schneier in opposition to NML Capital Ltd.'s motion to compel non party Citigroup, Inc. to respond to subpoena served on Kevin S. Reed, attorney for plaintiff on 10/9/09. Service was made by FedEx. Document filed by CitiGroup, Inc.. (dle)
October 13, 2009 Filing 239 DECLARATION of Sharon L. Schneier in Opposition re: 201 MOTION to Compel.Document filed by non-party Citigroup, Inc. (mro)
October 13, 2009 Filing 238 MEMORANDUM OF LAW in Opposition re: 201 MOTION to Compel. Document filed by non-party Citigroup, Inc. (mro)
October 9, 2009 Filing 240 MEMORANDUM OF LAW of Barclays Bank PLC in Opposition to NML Capital, Ltd.'s Motion to Compel Barclays Bank PLC to Respond to Subpoena. filed by Attorney's for Barclays Bank PLC. (mbe)
October 9, 2009 Filing 237 MEMORANDUM OF LAW in Opposition re: 201 MOTION to Compel., 204 MOTION to Compel., 208 MOTION to Compel. Document filed by The Republic of Argentina. (mro)
October 7, 2009 Opinion or Order Filing 236 STIPULATION TO EXTEND TIME: IT IS HEREBY STIPULATED AND AGREED by and among undersigned counsel, that the time for Barclays to oppose Plaintiff NML Capital, Ltd.'s Motion to Compel Barclays Bank PLC to Respond to Subpoena in the above captioned action is hereby extended to, and including, October 9, 2009. So Ordered (Signed by Judge Thomas P. Griesa on 10/7/09) (js)
October 1, 2009 Writ of Execution Issued as to Republic of Argentina on 10/1/09 # 06,2728 in the amount of $ 284,184,632 plus interest. (Signed by Judge J. Michael McMahon on 10/1/09) (jf)
September 30, 2009 Opinion or Order Filing 235 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 28, 2009 Filing 212 STIPULATION TO EXTEND TIME: IT IS HEREBY STIPULATED AND AGREED by and among undersigned counsel that the time for Barclays Bank PLC to oppose Plaintiff NML Capital, Ltd.'s Motion to Compel Barc1ays Bank PLC to Respond to Subpoena in the above captioned actions is hereby extended to, and including, October 2, 2009. (Signed by Judge Thomas P. Griesa on 9/28/2009) (jfe)
September 22, 2009 Filing 211 CERTIFICATE OF SERVICE of Motion to Compel Barclays Bank PLC to Respond to Subpoena served on Carmine Boccuzzi and Lance Croffoot-Suede on 9/22/2009. Document filed by NML Capital, Ltd.. (mbe)
September 22, 2009 Filing 210 DECLARATION of William B. Mack. (mbe)
September 22, 2009 Filing 209 MEMORANDUM OF LAW in Support re: 208 Notice of MOTION to Compel. Document filed by NML Capital, Ltd.. (mbe)
September 22, 2009 Filing 208 Notice of MOTION to Compel. Document filed by NML Capital, Ltd..(mbe)
September 22, 2009 Filing 206 DECLARATION of William B. Mack in Support re: 204 MOTION to Compel Deusche Bank AG to respond to subpoena. Document filed by NML Capital, Ltd. (mro)
September 22, 2009 Filing 205 MEMORANDUM OF LAW in Support re: 204 MOTION to Compel Deusche Bank AG to respond to subpoena. Document filed by NML Capital, Ltd. (mro)
September 22, 2009 Filing 204 MOTION to Compel Deusche Bank AG to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd.(mro)
September 22, 2009 Filing 203 DECLARATION of William B. Mack in Support re: 201 MOTION to Compel Citigroup, Inc. to respond to subpoena. Document filed by NML Capital, Ltd. (mro)
September 22, 2009 Filing 202 MEMORANDUM OF LAW in Support re: 201 MOTION to Compel Citigroup, Inc. to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd. (mro)
September 22, 2009 Filing 201 MOTION to Compel Citigroup, Inc. to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd.(mro)
September 18, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #196 Notice of Appeal. (nd)
September 18, 2009 Transmission of Notice of Appeal to the District Judge re: #196 Notice of Appeal. (nd)
September 17, 2009 Filing 197 PLAINTIFF'S REPLY re: 192 Memorandum of Law in Opposition to Plaintiff's Motion for partial Reconsideration of the August 19, 2009 Order. Document filed by NML Capital, Ltd. (mro)
September 17, 2009 Transmission of Notice of Appeal to the District Judge re: #195 Notice of Appeal. (tp)
September 17, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #195 Notice of Appeal. (tp)
September 16, 2009 Filing 195 NOTICE OF APPEAL from #191 Order, Terminate Motions, #190 Memorandum & Opinion. Document filed by Banco De La Nacion Argentina. Filing fee $ 455.00, receipt number E 700162. (tp)
September 15, 2009 Filing 196 NOTICE OF APPEAL from #190 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: Dechert LLP. (nd)
September 14, 2009 Filing 194 SEALED DOCUMENT placed in vault.(jri)
September 11, 2009 Filing 200 TRANSCRIPT of proceedings held on 8/07/00 before Judge Thomas P. Griesa. (ama)
September 9, 2009 Filing 193 DECLARATION of Christopher P. Moore in Support re: 192 Memorandum of Law in Opposition. Document filed by The Republic of Argentina. (Received in the night deposit box on 9/9/09 at 5:59pm) (mro)
September 9, 2009 Filing 192 MEMORANDUM OF LAW in Opposition to plaintiff's Motion for Partial Reconsideration of August 19, 2009 Order. Document filed by The Republic of Argentina. (Received in the night deposit box on 9/9/09 at 5:59pm) (mro)
August 27, 2009 Filing 199 TRANSCRIPT of proceedings held on 8/07/00 before Judge Thomas P. Griesa. (ama)
August 27, 2009 Filing 198 TRANSCRIPT of proceedings held on 8/11/09 before Judge Thomas P. Griesa. (ama)
August 19, 2009 Opinion or Order Filing 189 ORDER: On 8/7/09, plaintiff filed a motion seeking the attachment of certain property of an entity known as Energia Argentina S.A., and for discovery regarding that entity. For the reasons stated at the hearings on 8/7/09 and 8/11/09, plaintiff's application is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro)
August 18, 2009 Filing 234 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ORDER ENTERED ON 5/22/07, AND RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Crowley. (This document was previously filed under seal, envelope #97 and unsealed with document #253.) (tro)
August 18, 2009 Filing 233 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ORDER ENTERED ON 5/22/07, AND RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Calvano. (This document was previously filed under seal, envelope #97 and unsealed with document #253.) (tro)
August 18, 2009 Filing 232 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Nidhiry. (This document was previously filed under seal, envelope #97 and unsealed with document #253). (tro)
August 18, 2009 Filing 231 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Weeks. (This document was previously filed under seal, envelope #97 and unsealed with document #253(tro)
August 18, 2009 Filing 230 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Marino. (This document was previously filed under seal, envelope #97 and unsealed with document #253). (tro)
August 18, 2009 Filing 229 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Barrientos. (This document was previously filed under seal, envelope #97 and unsealed with document #253). (tro)
August 18, 2009 Filing 228 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Barrientos. (This document was previously filed under seal, envelope #97 and unsealed with document #253). (tro)
August 18, 2009 Filing 227 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Bruni. (This document was previously filed under seal, envelope #97 and unsealed with document #253). (tro)
August 18, 2009 Filing 226 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Ms. Mahgerefteh. (This document was previously filed under seal, envelope #97 and unsealed with document #253). (tro)
August 18, 2009 Filing 225 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Alvarez. (This document was previously filed under seal, envelope #97 and unsealed with document #253).(tro)
August 18, 2009 Opinion or Order Filing 224 EX PARTE RESTRAINING ORDER: NML's ex parte motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $290,098,008, comprised of the amount of judgment, plus access post-judgment. Defendant, its agencies, subdivisions, servants, employees, and attorneys, are hereby ENJOINED AND RESTRAINED.....as further set forth in this Order. (This document was previously filed under seal, envelope #97 and unsealed with document #253.) (Signed by Judge Thomas P. Griesa on 5/22/07) (tro)
August 18, 2009 Filing 223 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Ms. Kathrin Mahgerefth. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 222 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Ms. Sonia Alvarez. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 221 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Gennaro Bruni. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 220 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Roberto H. Barrientos. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 219 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Roberto H. Barrientos. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 218 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Stephen Marino. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 217 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Dorothy D. Weeks. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 216 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. John Nidhiry. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 215 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Danielle Calvano. (This document was previously filed under seal, envelope #96 and unsealed with document #253). (tro)
August 18, 2009 Filing 214 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Crowley. (This document was previously filed under seal, envelope #96 and unsealed with document #253).(tro)
August 18, 2009 Opinion or Order Filing 213 EX PARTE RESTRAINING ORDER: NML's ex parte motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $290,098,008, comprised of the amount of judgment, plus access post-judgment. Defendant, its agencies, subdivisions, servants, employees, and attorneys, are hereby ENJOINED AND RESTRAINED.....as further set forth in this Order. (This document was previously filed under seal, envelope #96 and unsealed with document #253.) (Signed by Judge Thomas P. Griesa on 5/22/07) (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #318. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #317.(tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #316. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #315. (tro)
August 18, 2009 DECLARATION of Dennis H. Hranitzky in Support of Ex Parte Motion for Restraining and Attachment Orders. (This document was previously filed under seal, envelope #8 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #314. (tro)
August 18, 2009 Opinion or Order 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.) *Original filed under civil case no. 03-cv-2507, document #313. (Signed by Judge Thomas P. Griesa on 10/1/07) (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #312.(tro)
August 18, 2009 REPLY MEMORANDUM OF LAW in Further Support re: [297 in 03-cv-2507] 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. *Original filed under civil case no. 03-cv-2507, document #311. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #310.(tro)
August 18, 2009 SECOND DECLARATION of David M. Bigge in Further Support re: [292 in 03-cv-2507] MOTION to Confirm. and in OPPOSITION re: [297 in 03-cv-2507] MOTION to Vacate. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #309. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #308. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 REPLY MEMORANDUM OF LAW in Further Support re: [292 in 03-cv-2507] 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. *Original filed under civil case no. 03-cv-2507, document #307. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #306.(tro) Modified on 9/26/2009 (tro).
August 18, 2009 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.*Original filed under civil case no. 03-cv-2507, document #305. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #304.(tro)
August 18, 2009 DECLARATION of Carlos G. Enrique Wagner. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) *Original filed under civil case no. 03-cv-2507, document #303. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #302. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #300. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #299. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #298. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #297. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 Filing 207 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.) *Original placed in file with envelope #155 in 03-cv-2507. (tro)
August 18, 2009 MEMORANDUM OF LAW in Support re: [292 in 03-CV-2507] 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 NML Capital, Ltd., EM Ltd. *Original filed under civil case no. 03-cv-2507, document #295. (tro)
August 18, 2009 DECLARATION of Joshua S. Krakowsky in Support re: [292 in 03-CV-2507] 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 NML Capital, Ltd., EM Ltd. *Original filed under civil case no. 03-cv-2507, document #294. (tro)
August 18, 2009 MEMORANDUM OF LAW in Support re: [292 in 03-CV-2507] 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 NML Capital, Ltd., EM Ltd. *Original filed under civil case no. 03-cv-2507, document #293. (tro)
August 18, 2009 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. *Original filed under civil case no. 03-cv-2507, document #292. (tro)
August 18, 2009 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). Original document filed in case #03cv2507, document #288.
August 18, 2009 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). Original document filed in case #03cv2507, document #287.
August 18, 2009 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)Original document filed in case #03cv2507, document #286.
August 18, 2009 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). Original document filed in case #03cv2507, document #285.
August 18, 2009 Opinion or Order 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). Original document filed in case #03cv2507, document #284. (dle)
August 18, 2009 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) Original document filed in case #03cv2507, document #283.
August 18, 2009 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)Original document filed in case #03cv2507, document #282.
August 18, 2009 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). Original document filed in case #03cv2507, document #281.
August 18, 2009 Opinion or Order 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) Original document filed in case #03cv2507, document #280.
August 18, 2009 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) Original document filed in case #03cv2507, document #279.
August 18, 2009 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) Original document filed in case #03cv2507, document #278.
August 18, 2009 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). Original document filed in case #03cv2507, document #277. (dle)
August 18, 2009 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)Original document filed in case #03cv2507, document #276.
August 18, 2009 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) Original document filed in case #03cv2507, document #275.
August 18, 2009 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)Original document filed in case #03cv2507, document #274.
August 18, 2009 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). Original document filed in case #03cv2507, document #273. (dle)
August 18, 2009 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). Original document filed in case #03cv2507, document #272.
August 18, 2009 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). Original document filed in case #03cv2507, document #271.
August 18, 2009 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) Original document filed in case #03cv2507, document #270.
August 18, 2009 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) Original document filed in case #03cv2507, document #269.
August 18, 2009 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. Original document filed in case #03cv2507, document #268. (dle)
August 18, 2009 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. Original document filed in case #03cv2507, document #267. (dle)
August 18, 2009 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). Original document filed in case #03cv2507, document #266. (dle) Modified on 9/1/2009 (dle).
August 18, 2009 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). Original document filed in case #03cv2507, document #265.
August 18, 2009 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)Original document filed in case 03cv2507, document #264.
August 18, 2009 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) Original document filed in case #03cv2507, document #263.
August 18, 2009 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). Original document filed in case #03cv2507, document #262.
August 18, 2009 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) Original document filed in case #03cv2507, document #261.
August 18, 2009 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). Original document filed in case #03cv2507, document #260. (dle)
August 18, 2009 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). Original document filed in case #03cv2507, document #259.
August 18, 2009 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). Original document filed in case #03cv2507, document #258. (dle) Modified on 8/24/2009 (dle).
August 18, 2009 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) Original document filed in case #03cv2507, document #257.
August 18, 2009 Opinion or Order 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) Original document filed in case #03cv2507, document #256.
August 18, 2009 Opinion or Order 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) Original document filed in case #03cv2507, document #255.
August 18, 2009 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) (Original document filed in case #03cv2507, document #254).
August 18, 2009 Opinion or Order Filing 191 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 190 OPINION: 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 8/24/2009 (ae). Modified on 8/26/2009 (jpo).
August 7, 2009 Opinion or Order Filing 188 ORDER TO SHOW CAUSE: UPON THE APPLICATION OF MILLER & WRUBEL P.C., counsel for plaintiff NML Capital, Ltd., LET THE DEFENDANTS HEREIN SHOW CAUSE, before the Honorable Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, on the 7th day of August 2009 at 3:00 p.m., or as soon thereafter as counsel may be heard, why an order of attachment relating to the interests of Energia Argentina S.A. ("ENARSA") in the LNG Sale and Purchase Agreement between ENARSA and Morgan Stanley Capital Group, Inc. ("MSCGI"), dated July 7, 2009, and an order compelling discovery from MSCGI should not be made and entered in favor of NML; SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED THAT Morgan Stanley Capital Group, Inc. shall either send a representative to the aforementioned hearing to accept service of an order of attachment, or inform the Court no later than 5:00 p.m. on August 7, 2009, of a place where an order of attachment can be served at any time on August 7, 2009, such that the intent of the Court in granting an order of attachment will not be frustrated; and IT IS FURTHER ORDER THAT personal service of this Order to Show Cause upon (1) counsel for Argentina, Clearly, Gottlieb, Steen & Hamilton LLP, One Liberty Plaza, New York, New York, 10006, attention Carmine D. Boccuzzi, Jr., Esq., by hand (2) Morgan Stanley Capital Group, Inc., 2000 Westchester Avenue, Purchase, New York 10577, by electronic mail upon David Restaino, Esq. (david.restaino@morganstanley.com) and Michael Hartridge (michael.hartridge@morganstanley.com) and (3) Energia Argentina S.A., by serving Argentina's appointed agent for service of process, Banco de la Naction Argentina, 225 Park Avenue, New York, New York 10167, or such counsel as may appear of behalf of ENARSA, on or before the 7th day of August, 2009, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 8/7/2009 at 12:30 P.M.) (rw)
June 19, 2009 Filing 187 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 19, 2009 Filing 186 SEALED DOCUMENT placed in vault.(jri)
June 10, 2009 Filing 185 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: #184 Notice of Appeal,. (nd)
June 10, 2009 Transmission of Notice of Appeal to the District Judge re: #184 Notice of Appeal,. (nd)
June 8, 2009 Filing 184 NOTICE OF APPEAL from #174 Order, #170 Memorandum & Opinion, #175 Order, Set Deadlines/Hearings, #183 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: Dechert LLP. (nd)
May 29, 2009 Opinion or Order Filing 183 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 182 NOTICE of 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 28, 2009 Filing 181 NOTICE OF CHANGE OF ADDRESS by Haynee C. Kang on behalf of NML Capital, Ltd.. New Address: Miller & Wrubel P.C., 570 Lexington Avenue, 25th Floor, New York, New York, 10022,. (Kang, Haynee)
May 22, 2009 Filing 180 JOINDER to join by the Republic of Argentina in Banco Central De La Republic 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 179 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)
May 21, 2009 Filing 178 SEALED DOCUMENT placed in vault.(jri)
May 19, 2009 Filing 177 MEMORANDUM OF LAW of Amicus Curiae Federal Reserve Bank of New York. (djc)
May 19, 2009 Filing 176 MOTION of Federal Reserve Bank of New York for Leave to File Brief as Amicus Curiae.(djc)
May 7, 2009 Opinion or Order Filing 175 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 29, 2009 Opinion or Order Filing 173 STIPULATED AND ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 4/28/2009) (jpo)
April 17, 2009 Opinion or Order Filing 174 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 172 SUPPLEMENTAL DECLARATION of Julio Cesar Rivera. Document filed by NML Capital, Ltd., EM Ltd. (djc)
April 7, 2009 Transmission of Third Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #171 3rd Amended Notice of Appeal,. (nd)
April 7, 2009 Transmission of Notice of Appeal to the District Judge re: #171 Amended Notice of Appeal,. (nd)
April 3, 2009 Filing 171 THIRD AMENDED NOTICE OF APPEAL re: 129 Notice of Appeal, #149 Amended Notice of Appeal, #153 Second Amended Notice of Appeal, #165 Order. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of recor d: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP; Dorsey & Whitney LLP; Chadbourne & Parke LLP; Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP; Miller & Wrubel, P.C.; Gibson, Dunn & Crutcher; Debevoise & Plimpton (nd)
April 3, 2009 Opinion or Order Filing 170 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 169 SEALED DOCUMENT placed in vault.(rt)
March 30, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #168 Amended Notice of Appeal. (nd)
March 30, 2009 Transmission of Notice of Appeal to the District Judge re: #168 Amended Notice of Appeal. (nd)
March 27, 2009 Filing 168 AMENDED NOTICE OF APPEAL re: #145 Notice of Appeal, #165 Order. Document filed by The Republic of Argentina. Copies of Amended Notice of Appeal mailed to attorney(s) of record: Dechert LLP. (nd)
March 12, 2009 Opinion or Order Filing 167 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 166 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 165 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 164 REPLY MEMORANDUM OF LAW in Further Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (db)
February 18, 2009 Filing 163 DECLARATION of Professor Geoffrey Miller. Document filed by Banco De La Nacion Argentina. (db)
February 18, 2009 Filing 162 DECLARATION of Juan Carlos Fabrega. Document filed by Banco De La Nacion Argentina. (db)
February 18, 2009 Filing 161 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 160 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 159 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 158 SECOND DECLARATION of Jose R. Almonte in Support re: 141 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 ORDER. Document filed by NML Capital, Ltd. (dle)
January 30, 2009 Filing 157 REPLY MEMORANDUM OF LAW in Support re: 141 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 ORDER. Document filed by NML Capital, Ltd. (dle)
January 22, 2009 Opinion or Order Filing 156 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 1/21/09 re: Counsel requests an extension until February 3, 2009 to submit NML's reply in support of its motion to confirm the attachment order entered on November 24, 2008. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/22/09) (mme)
January 16, 2009 Filing 155 REPLY MEMORANDUM OF LAW in Support re: 124 MOTION to Vacate.. Document filed by The Republic of Argentina. (cd)
January 12, 2009 Transmission of Notice of Appeal to the District Judge re: #154 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: #154 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: #153 2nd Amended Notice of Appeal,,. (nd)
January 12, 2009 Transmission of Notice of Appeal to the District Judge re: #153 2nd Amended Notice of Appeal,,. (nd)
January 9, 2009 Opinion or Order Filing 152 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 1/7/2009 re: Counsel request an extension until January 23, 2009 to submit NML's oppositions to (l) the motion to confirm priority filed on December 18, 2008 in Aurelius Capital Partners, LP v. Republic of Argentina, Nos. 07 Civ. 2715 (TPO), 07 Civ. 11327 (TPG), and Blue Angel Capital LLC v. Republic of Argentina, No. 07 Civ. 2693 (TPG) (the "Aurelius Priority Motion," and the moving parties the "Aurelius Plaintiffs"); and (2) the Aurelius Plaintiffs' related cross-motion to vacate or modify attachment order filed on January 6, 2009 in the above-captioned actions (the "Aurelius Vacatur Motion"). ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/8/2009) (jfe)
January 8, 2009 Filing 154 AMENDED NOTICE OF APPEAL re: #133 Notice of Appeal, #148 Memorandum & Opinion, #123 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: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp)
January 8, 2009 Filing 153 SECOND AMENDED NOTICE OF APPEAL re: 129 Notice of Appeal, #149 Amended Notice of Appeal #140 Temporary Restraining Order #148 Memorandum & Opinion,,, Order on Motion to Attach. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of recor d: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP; Dorsey & Whitney LLP; Chadbourne & Parke LLP; Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP; Miller & Wrubel, P.C.; Gibson, Dunn & Crutcher; Debevoise & Plimpton. (nd)
January 6, 2009 DECLARATION of Marco E. Schnabl Attaching Previously Submitted Materials. Document filed by Administracion Nacional de Seguridad Social. (Orig. doc. filed in case no. 03 cv 2507, as doc. #219)(ae)
January 6, 2009 Filing 151 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 150 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 30, 2008 Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #149 Amended Notice of Appeal,. (nd)
December 30, 2008 Transmission of Notice of Appeal to the District Judge re: #149 Amended Notice of Appeal,. (nd)
December 23, 2008 Filing 147 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: #145 Notice of Appeal. (tp)
December 22, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #145 Notice of Appeal. (tp)
December 18, 2008 Filing 149 AMENDED NOTICE OF APPEAL re: 129 Notice of Appeal, #148 Memorandum & Opinion,,, Order on Motion to Attach. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of recor d: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP; Dorsey & Whitney LLP; Chadbourne & Parke LLP; Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP; Miller & Wrubel, P.C.; Gibson, Dunn & Crutcher; Debevoise & Plimpton. (nd)
December 16, 2008 Filing 145 NOTICE OF APPEAL from #138 Order, Order on Motion to Attach, #123 Order on Motion for Miscellaneous Relief as further set forth herein. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 672683. Copies mailed to attorney(s) of record: Dechert LLP. (tp)
December 12, 2008 Filing 146 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 144 SECOND DECLARATION of Gerard Caprio, Jr., Ph.D. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
December 12, 2008 Filing 143 DECLARATION of Jose R. Almonte. Document filed by NML Capital, Ltd., EM Ltd. (tro)
December 12, 2008 Filing 142 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 re: 141 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 ORDER. Document filed by NML Capital, Ltd., EM Ltd. (tro)
December 12, 2008 Filing 141 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 ORDER. Document filed by NML Capital, Ltd., EM Ltd.(tro)
December 11, 2008 Opinion or Order Filing 148 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 138 ORDER: The Clerk of the Court is directed to make entries on the dockets of the cases listed in the Annex to this order that indicate that the following documents, which were filed in the above-captioned cases, also apply to the cases listed in the Annex: The documents filed as entry nos. 49, 50, 51, 52, 53, 58, 60, and 63 on the docket of case 07-cv-2715; and The documents filed as entry nos. 47, 49, 50, and 51 on the docket of case 07-cv-11327; and The court's opinion dated December 11, 2008, which has been filed under case 07-cv-2715. (Signed by Judge Thomas P. Griesa on 12/11/2008) (kkc)
December 11, 2008 Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 129 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5622-cv, were transmitted to the U.S. Court of Appeals. (Total of 6 volumes of record delivered to V. Mathias of USCA on 12/11/2008). (nd)
December 11, 2008 Filing 137 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 129 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5622-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd)
December 10, 2008 SECOND DECLARATION of Dennis H. Hranitzky in Support re: EX PARTE MOTION for entry of Attachment and restraining orders. Document filed by NML Capital, Ltd., EM Ltd. Original document filed under case no. 03-cv-2507, document #204. (tro)
December 9, 2008 Opinion or Order Filing 140 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 139 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 8, 2008 Filing 136 TRANSCRIPT of proceedings held on 11/24/08 before Judge Thomas P. Griesa. (ama)
December 2, 2008 Opinion or Order Filing 135 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 134 MEMORANDUM OF LAW in Opposition re: 124 MOTION to Vacate.. Document filed by NML Capital, Ltd., EM Ltd.. (pl)
November 26, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #133 Notice of Appeal,,. (nd)
November 26, 2008 Transmission of Notice of Appeal to the District Judge re: #133 Notice of Appeal,,. (nd)
November 21, 2008 Filing 133 NOTICE OF APPEAL from #123 Order on Motion for Miscellaneous Relief,. Document 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. Filing fee $ 455.00, receipt number E 670580. Copies of Notice of Appeal mailed to attorney(s) of record: Dechert, LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden, Arps, Slate, Meagher & Flom LLP. (nd)
November 20, 2008 Transmission of Notice of Appeal to the District Judge re: 129 Notice of Appeal. (tp)
November 20, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 129 Notice of Appeal. (tp)
November 19, 2008 Filing 131 SUPPLEMENTAL DECLARATION of Suzanne M. Grosso to put before the Court certain facts and other information in support of the motion by NML Cpaital Ltd..; Document filed by EM Ltd. (djc)
November 19, 2008 Filing 129 NOTICE OF APPEAL from Order on Motion to Attach, #123 Order on Motion for Miscellaneous Relief. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 669193. Copies mailed to attorney(s) of record: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP. (tp)
November 13, 2008 Filing 132 MOTION for an order confirming the ex parte attachment order entered by this Court on October 31, 2008...; MOTION for an order compelling Argentina to respond on or before November 21, 2008 to the discovery requests served by Plaintiffs on October 31, 2008. Document filed by NML Capital, Ltd., EM Ltd.(djc)
November 13, 2008 Filing 130 MEMORANDUM OF LAW in Support of Plaintiff NML's Motion to confirm its Attachment Order and Plaintiffs' Joint Renewed Motion compelling Expedited Discovery Responses. Document filed by NML Capital, Ltd., EM Ltd. (djc)
November 13, 2008 Filing 128 DECLARATION of Martin Esteban Paolantonio. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
November 13, 2008 Filing 127 DECLARATION of Suzanne M. Grosso. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
November 7, 2008 Opinion or Order 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. (orig. docketed in 03cv2507 as document #188).(Signed by Judge Thomas P. Griesa on 10/31/08) (pl)
November 7, 2008 Opinion or Order MEMO ENDORSEMENT on ORDER TO SHOW CAUSE, re: MOTION for Attachment and restraining order. filed by EM Ltd., NML Capital, Ltd. ENDORSEMENT: NOT SIGNED, Judge Thomas P. Griesa on 10/31/08. (orig. docketed in 03cv2507 as document #187). (Signed by Judge Thomas P. Griesa on 10/31/08) (pl)
November 7, 2008 Filing 125 DECLARATION of Eric C. Kirsch in Support re: MOTION for Attachment. Document filed by NML Capital, Ltd., EM Ltd. (orig. docketed in 03cv2507 as document #185). (pl)
November 7, 2008 MEMORANDUM OF LAW in Support re: MOTION for Attachment and restraining order. Document filed by NML Capital, Ltd., EM Ltd. (orig. docketed in 03cv2507 as document #184). (pl)
November 7, 2008 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 NML Capital, Ltd., EM Ltd. (orig. docketed in 03cv2507 as document #183).(pl) Modified on 11/12/2008 (pl).
November 7, 2008 Opinion or Order Filing 123 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 TRANSCRIPT of proceedings held on 5/30/08 before Judge Thomas P. Griesa. (Original Transcript filed in 03cv2507 doc.# 198)(ama)
November 3, 2008 Filing 126 MEMORANDUM OF LAW in Support re: 124 MOTION to Vacate.. Document filed by The Republic of Argentina. (djc)
November 3, 2008 Filing 124 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 31, 2008 Filing 122 DECLARATION of Laura M. Lestrade in opposition to the motion filed by plaintiffs NML Capital, Ltd. and EM Ltd. to confirm the ex parte restraining and attachment orders of this Court, dated 9/12/08 and in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 121 DECLARATION of Professor Geoffrey Miller in support of defendant Banco de la Nacion Argentina's opposition to the motion of plaintiffs EM Ltd. and NML Capital, Ltd. for an order attaching and restraining certain assets held by BNA's New York Branch in the United States. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 120 DECLARATION of Eduardo Barreira Delfino in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 119 DECLARATION of Patricio Suarez Buyo in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 118 DECLARATION of Cosme Juan Carlos Belmonte in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 117 DECLARATION of Jose Caceres Monie in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 116 DECLARATION of Lic. Mercedes Marco Del Pont in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 115 DECLARATION of Juan Carlos Fabrega in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 113 MOTION to Vacate.. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 114 MEMORANDUM OF LAW in opposition to plaintiffs' motion to confirm ex parte attachment and restraining orders and in Support re: 113 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle)
October 31, 2008 Filing 113 MOTION for an order pursuant to FRCP 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 9/12/08. Document filed by Banco De La Nacion Argentina.(dle)
October 29, 2008 Opinion or Order Filing 112 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 2, 2008 Filing 110 TRANSCRIPT of proceedings held on 9/12/2008 before Judge Thomas P. Griesa. (jn)
October 1, 2008 Filing 111 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) (mme)
September 29, 2008 Opinion or Order Filing 109 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 108 FIRST SUPPLEMENTAL DECLARATION of Dennis H. Hranitzky. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
September 19, 2008 Filing 107 MEMORANDUM OF LAW in Support re: 106 MOTION for an order confirming restraining and attachment orders. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
September 19, 2008 Filing 106 MOTION for an order confirming restraining and attachment orders. Document filed by NML Capital, Ltd., EM Ltd..(djc)
September 11, 2008 Opinion or Order Filing 105 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: #104 USCA Mandate,. (nd)
August 20, 2008 Filing 104 MANDATE of USCA (Certified Copy) as to 47 Notice of Interlocutory Appeal, filed by NML Capital, Ltd. USCA Case Number 05-1544-cv (CON). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 5/20/2005. (nd)
May 30, 2008 Filing 103 NOTICE OF CHANGE OF ADDRESS by Robert A. Cohen on behalf of NML Capital, Ltd., EM Ltd.. New Address: Dechert LLP, 1095 Avenue of the Americas, New York, New York, 10036-6797, 212-698-3500. (pl)
May 19, 2008 TRANSCRIPT of proceedings held on 5/06/2008 before Judge Thomas P. Griesa. (Original Transcript filed in case# 03cv2507 doc.#171)total pages 19.(ama)
May 19, 2008 TRANSCRIPT of proceedings held on 5/06/2008 before Judge Thomas P. Griesa. (Original Transcript filed in case # 03cv2507 doc.# 170)total 19 pages.(ama)
April 1, 2008 Filing 102 NOTICE OF APPEARANCE by Joel M. Miller on behalf of NML Capital, Ltd. (cd)
March 27, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Haynee C. Kang to RE-FILE Document #101 Notice of Appearance. ERROR(S): (1) Attorney Listed w/signature (Joel M. Miller) different than Attorney requesting to appear. (2) This is NOT an ECF case. Manually re-file. (db) Modified on 3/27/2008 (db).
March 27, 2008 Filing 101 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Haynee C. Kang on behalf of NML Capital, Ltd. (Kang, Haynee) Modified on 3/27/2008 (db).
March 17, 2008 Opinion or Order Filing 100 ORDER re defendant motion for leave to amend its answer to add a defense asserting that plaintiff lacks standing to sue because it is not a holder of the bonds within the meaning of the agreement under the bonds were issued. On 5/11/06, the court granted plaintiff's motion for summary judgment, and held that plaintiff was the owner of beneficial interests in the bonds as of 12/31/03. Defendant's motion is therefore denied. (Signed by Judge Thomas P. Griesa on 3/17/08) (cd)
March 14, 2008 Opinion or Order ORDER denying (No. 117 in 03-cv-2507) 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) Original document filed under case no. 03-cv-2507, document # 168.(tro)
January 18, 2008 TRANSCRIPT of proceedings held on 12/17/07 before Judge Thomas P. Griesa. Original Transcript filed in 03-cv-2507 document # 166.(es)
January 18, 2008 TRANSCRIPT of proceedings held on 12/17/07 before Judge Thomas P. Griesa. Original transcript filed in 03-cv-2507 document # 165.(es)
December 14, 2007 Transmission of USCA Mandate/Order to the District Judge re: #99 USCA Mandate,. (tp)
December 14, 2007 Filing 99 MANDATE of USCA (Certified Copy) as to 67 Notice of Appeal, filed by NML Capital, Ltd. USCA Case Number 06-0406-cv. It is 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 15, 2007 Transmission of USCA Mandate/Order to the District Judge re: #98 USCA Mandate,. (nd)
November 14, 2007 Costs Taxed as to #98 USCA Mandate, USCA Case Number 06-0406-cv. in the amount of $1861.50. Docketed as Judgment #07,2165 on 11/15/2007 in favor of Appellee, Banco Central de la Republica Argentina against Appellants Em Ltd. and NML Capital, Ltd. (nd)
November 14, 2007 Filing 98 MANDATE of USCA (Certified Copy) as to 67 Notice of Appeal, filed by NML Capital, Ltd. USCA Case Number 06-0406-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinon of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/14/2007. (nd)
November 13, 2007 Opinion or Order 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. Original Document filed in case # 03-cv-2507 Doc.# 163. (Signed by Judge Thomas P. Griesa on 11/9/07) (Signed by Judge Thomas P. Griesa on 11/9/07) (js)
September 19, 2007 Opinion or Order 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. Original Document filed in Case # 03-cv-2507 Doc.# 159. (Signed by Judge Thomas P. Griesa on 9/17/07) (js)
June 11, 2007 TRANSCRIPT of proceedings held on 5/1/2007 at 2:40 p.m. before Judge Thomas P. Griesa. Original document filed under case number 03cv2507 Doc # 148.
May 29, 2007 BOND # 0446826 in the amount of $ 100,000.00 posted by NML Capital, Ltd., EM Ltd.. Original Document # 14 Filed in 03 Civ. 2507. (dt)
May 9, 2007 Opinion or Order 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. (Original filed in 03 Civ 2507 docket # 139) (Signed by Judge Thomas P. Griesa on 5/7/2007) (jmi)
April 17, 2007 Filing 95 DECLARATION of David M. Bigge in Support re: 88 MOTION 30-Days' Notice of Debt or Securities Issuance.. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
April 17, 2007 Filing 94 REPLY MEMORANDUM OF LAW in Support re: 88 MOTION 30-Days' Notice of Debt or Securities Issuance. Document filed by NML Capital, Ltd., EM Ltd.. (djc)
March 30, 2007 Filing 93 CERTIFICATE OF SERVICE of the Declaration of Jorge Heilpern, the Declaration of Michael J. Byars, and includiing Exhibit A-K, and the Memorandum of Law of the Republic of Argentina in Opposition to EM Ltd's and NML Capital, Ltd.'s motion for Thirdy Days' Notice of Debt or Securities Inssurance served on David W. Rivkin, John B. Missing, David M. Bigge, Robert A. Cohen and Charles I. Poret on 3/27/2007. Document filed by The Republic of Argentina. (mbe)
March 30, 2007 Filing 92 MEMORANDUM OF LAW in Opposition re: 88 MOTION 30-Days' Notice of Debt or Securities Issuance. Document filed by The Republic of Argentina. (mbe)
March 30, 2007 Filing 91 DECLARATION of Jorge P. Heilpern. Document filed by The Republic of Argentina. (mbe)
March 6, 2007 Filing 90 DECLARATION of David M. Bigge in Support re: 88 MOTION 30-Days' Notice of Debt or Securities Issuance.. Document filed by NML Capital, Ltd., EM Ltd.. (jmi)
March 6, 2007 Filing 89 MEMORANDUM OF LAW in Support re: 88 MOTION 30-Days' Notice of Debt or Securities Issuance.. Document filed by NML Capital, Ltd., EM Ltd.. (jmi)
March 6, 2007 Filing 88 MOTION for 30-Days' Notice of Debt or Securities Issuance. Document filed by NML Capital, Ltd., EM Ltd..(jmi)
February 27, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 2/27/07, Receipt Number 607319. (dle)
February 27, 2007 MOTION for William M. Jay to Appear Pro Hac Vice. Document filed by NML Capital, Ltd..(dle)
January 12, 2007 Transmission to Judgments and Orders Clerk. Transmitted re: 87 Order, to the Judgments and Orders Clerk. (jco)
January 12, 2007 Opinion or Order Filing 87 ORDER UNDER RULE 54(b) MAKING EXPRESS DETERMINATION AND DIRECTING ENTRY OF FINAL JUDGMENT FOR PLAINTIFF that final judgment be entered as set forth in the Judgment for plaintiff in the amount of $284,184,632.30 entered on 12/18/06; this Order shall be considered as rendered nunc pro tunc as concerns the Judgment entered on 12/18/06, and interest at the appropriate legal rate or rates shall commence running on 12/18/06, except that the time for any appeal therefrom shall commence running from the date of entry of this Order. (Signed by Judge Thomas P. Griesa on 1/10/07) (jco)
December 20, 2006 Mailed notice of Right to Appeal re: 86 Judgment and to Attorney(s) of Record: Harold A. Barza, Jonathan I. Blackman, Carmine D. Boccuzzi, Jr, Matthew Dempsey McGill, Kevin Samuel Reed. (lma, )
December 18, 2006 Filing 86 JUDGMENT #06,2728 in favor of plaintiff against defendant in the amount of $ 284,184,632.20. (Signed by Judge Thomas P. Griesa on 12/18/06) (ml, )
December 5, 2006 Filing 85 DECLARATION of Julio Cesar Rivera. Document filed by NML Capital, Ltd., EM Ltd.. (jmi, )
December 5, 2006 Filing 84 DECLARATION of Alex Cukierman, Ph.D.. Document filed by NML Capital, Ltd., EM Ltd.. (jmi, )
December 5, 2006 Filing 83 DECLARATION of Ellen A. Hochberg in Support re: 82 Reply Memorandum of Law in Support. Document filed by NML Capital, Ltd., EM Ltd.. (jmi, )
December 5, 2006 Filing 82 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Restraining Order and Pre-Judgment Attacement. Document filed by NML Capital, Ltd., EM Ltd.. (jmi, )
November 20, 2006 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. (orig. document docketed in 03cv2507 as document #121) (Signed by Judge Thomas P. Griesa on w) (pl, )
November 14, 2006 Filing 81 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 80 MEMORANDUM OF LAW in Opposition to Plaintiffs motion for expedited discovery. Document filed by The Republic of Argentina. (pl, )
October 31, 2006 Filing 79 DECLARATIONS of Juan Basco, Laura D'Amato, Carlos Gustavo Gerscovich, Ernest T. Patrikis and Pierre L. Siklos in Support of Motion for Execution and Pre-Judgment Attachment. Document filed by The Republic of Argentina. (djc, )
October 31, 2006 Filing 78 DECLARATION of Laurent S. Wiesel. Document filed by The Republic of Argentina. (djc, )
October 26, 2006 Filing 77 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 76 DECLARATION of Claudio D. Salas Supplementing the Previousuly Filed Alex Cukieran Declaration. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Filing 75 NOTICE OF APPEARANCE by Matthew Dempsey McGill on behalf of NML Capital, Ltd. (jmi, )
September 28, 2006 Filing 74 DECLARATION of Dennis H. Hranitzky in Support of plaintiffs' motion fpor execution or restraining Notice and pre-judgment attachment. Document filed by NML Capital, Ltd.. (jmi, )
September 28, 2006 Filing 73 DECLARATION of Alex Cukierman, Ph.D.. Document filed by NML Capital, Ltd.. (jmi, )
September 28, 2006 Filing 72 DECLARATION of Robert A. Cohen in Support of ExParte motion for execution and prejudgment attachnent. Document filed by NML Capital, Ltd.. (jmi, )
September 28, 2006 Filing 71 MEMORANDUM OF LAW in Support of Plaintiffs' ExParte motion for execution and pre-judgment attachnent. Document filed by NML Capital, Ltd.. (jmi, )
September 28, 2006 Filing 70 MOTION for Theodore B. Olson to Appear Pro Hac Vice. Document filed by NML Capital, Ltd.. (jmi, )
September 28, 2006 Opinion or Order Filing 69 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, )
May 16, 2006 Opinion or Order Filing 68 MEMORANDUM AND OPINION # 93124, Plaintiff's motion for summary judgment is granted. Judgment will be entered for the principal amount of the bonds plus accrued intrest. The parties shall consult with one another concerning the from of the judgment and the amounts of interest that should be awarded in the judgment. If the parties are unable to reach agreement on those subjects, they shall jointly submit an agreed proposed judgment to the court. If the parties are unable to reach agreement on those subjects, plaintiff shall submit a proposed judgment to the court, and the Republic shall submit any objections to plaintiff's proposed judgment within five business days thereafter. The court will then resolve any remaining disagreements. So Ordered. (Signed by Judge Thomas P. Griesa on 5/11/2006) (jmi, ) Modified on 5/16/2006 (jmi, ).
January 30, 2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 67 Notice of Appeal,. (nd, )
January 30, 2006 Transmission of Notice of Appeal to the District Judge re: 67 Notice of Appeal,. (nd, )
January 26, 2006 Filing 67 NOTICE OF APPEAL from court's order made on the record on January 12, 2006, filed under seal and court's order, dated January 24, 2006, filed under seal. Document filed by NML Capital, Ltd.. Filing fee $ 255.00, receipt number E 568572. Copies of Notice of Appeal mailed to Attorney(s) of Record: Cleary Gottlieb Steen & Hamilton, LLP and Sullivan & Cromwell LLP. (nd, )
January 9, 2006 Credit Suisse First Boston LLC's Garnishee Statement. (orig. docmt dktd in case no. 03 cv 2507, docmt #83) (djc, )
September 19, 2005 Filing 66 TRANSCRIPT of proceedings held on 9/7/2005 before Judge Thomas P. Griesa. (jar, )
August 9, 2005 Filing 65 REPLY MEMORANDUM OF LAW in Support re: 61 MOTION to Amend/Correct. Document filed by The Republic of Argentina. (jco, )
August 1, 2005 Filing 64 MEMORANDUM OF LAW in Opposition re: 61 MOTION to Amend/Correct.. Document filed by NML Capital, Ltd.. (jmi, )
July 22, 2005 Filing 62 MEMORANDUM OF LAW in Support re: 61 MOTION to Amend/Correct.. Document filed by The Republic of Argentina. (sac, )
July 22, 2005 Filing 61 MOTION for an order, granting defendant leave to amend the answer. Document filed by The Republic of Argentina. (sac, )
July 21, 2005 Filing 63 MEMORANDUM OF LAW in Support re: 61 MOTION to Amend Answer pursuant to Rule 15(a). Document filed by The Republic of Argentina. (ps, )
July 20, 2005 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Carmine D. Boccuzzi, Jr. to MANUALLY RE-FILE Document Motion to Amend, Memorandum of Law in Support of Motion and Certificate of Service, Document No. Motions, Responses and Replies and Service of Process. This case is not ECF. (kg)
July 20, 2005 Filing 59 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - CERTIFICATE OF SERVICE of Amended Answer and Counterclaim; Notice of Motion for Leave to Amend Pursuant to Rule 15(a); Memorandum of Law of The Republic of Argentina in Support of its Motion for Leave to Amend Answer Pursuant to Rule 15(a) served on Kevin S. Reed, Esq. on July 18, 2005. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 7/20/2005 (kg).
July 19, 2005 Filing 58 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Support re: #57 MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim/Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. [Memorandum of Law of The Republic of Argentina in Support of its Motion for Leave to Amend Answer Pursuant to Rule 15(a)]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 7/20/2005 (kg).
July 19, 2005 Filing 57 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Amend/Correct 18 Answer to Complaint, Counterclaim/Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 7/20/2005 (kg).
May 23, 2005 Opinion or Order ORDER the stay is hereby vacated and dissolved. So Ordered. Original filed in case 03cv2507, doc #82. (Signed by Judge Thomas P. Griesa on 5/23/05) (jco, )
May 23, 2005 MEMORANDUM OF LAW in Opposition to dft's request to lift stay of vacatur of restraining notice and attachments. Original document filed in case #03cv2507, document #81. (dle, )
May 23, 2005 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, )Original document filed in case #03cv2507, document #80. Modified on 5/24/2005 (dle, ).
May 16, 2005 Filing 56 MEMORANDUM OF LAW of The Republic of Argentina Regarding lifting of stay of vacatur of attachment and restraining orders. Document filed by The Republic of Argentina. (ae, )
May 16, 2005 Filing 55 DECLARATION of Federico Carlos Molina in Support of the application by the Republic to dissolve the stay granted by the Court on 3/29/05 of its order denying requests for and/or vacating various attachment, restraining and execution orders. Document filed by The Republic of Argentina. (ae, )
April 8, 2005 Filing 54 DECLARATION of Federico Carlos Molina in Support of the Republic's application for an order to show cause why the court should not vacate its order of 3/21/05. Document filed by The Republic of Argentina. (dle, )
April 8, 2005 Filing 53 MEMORANDUM OF LAW in Support of motion, by order to show cause to vacate order of attachment and restraining order. Document filed by The Republic of Argentina. (dle, )
April 7, 2005 Filing 51 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 47 Notice of Interlocutory Appeal, filed by NML Capital, Ltd., USCA Case Number 05-1544-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, )
April 5, 2005 Opinion or Order Filing 49 ORDER TO SHOW CAUSE by The Republic of Argentina, NML Capital, Ltd., for an order vacating the ex parte Order of Attachment and restraining order entered March 21, 2005. Show Cause Hearing set for 3/29/2005 04:30 PM before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 3/24/05); Attached is affidavit in support. (djc, )
April 1, 2005 Transmission of Notice of Appeal to the District Judge re: 47 Notice of Interlocutory Appeal. (tp, )
April 1, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 47 Notice of Interlocutory Appeal. (tp, )
April 1, 2005 TRANSCRIPT of proceedings held on 3/29/05 before Judge Thomas P. Griesa (orig fld in 02-3804, doc #38). (cd, )
April 1, 2005 Filing 46 TRANSCRIPT of proceedings held on 3/22/05 before Judge Thomas P. Griesa re telephone conference. (cd, )
April 1, 2005 Filing 45 TRANSCRIPT of proceedings held on 3/22/05 before Judge Thomas P. Griesa re telephone conference. (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 48 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 47 NOTICE OF INTERLOCUTORY APPEAL from 44 Order. Document filed by NML Capital, Ltd. Filing fee $ 255.00, receipt number E 538869. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Cleary Gottlieb Steen & Hamilton, LLP. (tp, )
March 28, 2005 Filing 50 Garnishee's Statement. (jco, )
March 28, 2005 Opinion or Order Filing 44 ORDER that NML's motion for an Order of Attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following entry of judgment for plaintiff, or a judgment of defendant herein, and that the amount to be secured by this Order of Attachment shall be $366,481,703, comprised of the amount of judgment sought, plus fees and expenses of the United States Marshal, etc. as set forth in this Order. (Signed by Judge Thomas P. Griesa on 3/21/05) (jco, ) Modified on 3/29/2005 (jco, ).
January 26, 2005 Filing 43 NOTICE OF CHANGE OF FIRM NAME AND LEGAL STATUS. Document filed by The Republic of Argentina. (sac, )
September 30, 2004 Opinion or Order Filing 42 ORDER plaintiff has now confirmed to the Court that it is withdrawing its motion for leave to amend the complaint. The motion for leave to amend the complaint is withdrawn. So Ordered. (Signed by Judge Thomas P. Griesa on 9/30/04) (jco, )
August 6, 2004 Minute Entry for proceedings held before Judge Thomas P. Griesa : Interim Pretrial Conference held on 8/6/2004. (djc, )
August 4, 2004 Filing 40 SUPPLEMENTAL DECLARATION of Kevin S. Reed in Support of 9 MOTION for Summary Judgment. Document filed by NML Capital, Ltd. (db, )
June 7, 2004 Filing 38 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 4/23/04 re: The Court permits NML's reply to Argentina's Counterclaim. (Signed by Judge Thomas P. Griesa on 6/3/04) (sac, )
May 6, 2004 Opinion or Order Filing 35 PROTECTIVE ORDER, regarding procedures that will govern the handling of confidential discovery materials. (Signed by Judge Thomas P. Griesa on 5/5/04) (cd, )
April 30, 2004 Filing 34 TRANSCRIPT of proceedings held on 4/2/2004 before Judge Thomas P. Griesa.(jp, )
April 8, 2004 Filing 33 TRANSCRIPT of proceedings held on 2/25/04 at 10:50 a.m. before Judge Thomas P. Griesa.(ph, )
April 5, 2004 Opinion or Order ORDER denying 27 Motion to Dismiss . (Signed by Judge Thomas P. Griesa on 4/2/2004) (jsa, )
April 5, 2004 Opinion or Order ORDER denying 6 Motion to Dismiss . (Signed by Judge Thomas P. Griesa on 4/2/2004) (jsa, )
March 30, 2004 Filing 32 REPLY MEMORANDUM OF LAW in Support of Plaintiff's re: 27 MOTION to Dismiss. Document filed by NML Capital, Ltd.. (ps, )
March 23, 2004 Filing 31 MEMORANDUM OF LAW in Opposition re: 27 MOTION to Dismiss. (nite dep. box). Document filed by The Republic of Argentina. (pa, )
March 23, 2004 Filing 30 AFFIDAVIT of Christopher P. Moore in Support of defts opposition to pltffs motion to dismiss counterclaim (nite dep. box) Document filed by The Republic of Argentina. (pa, )
March 4, 2004 Filing 29 MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss..(nite dep. box) Document filed by NML Capital, Ltd.. (pa, )
March 4, 2004 Filing 28 DECLARATION of Kevin S. Reed in Support re: 9 MOTION for Summary Judgment.. (nite dep. box) Document filed by NML Capital, Ltd.. (pa, )
March 4, 2004 Filing 27 NOTICE OF MOTION to Dismiss defts counterclaim, any opposing affdvt and answering memo of law served by 3/17/04 (nite dep. box). Document filed by NML Capital, Ltd.. (pa, )
March 3, 2004 Filing 26 REPLY MEMORANDUM OF LAW in Support of Plaintiff's Cross Motion in the alternative for Leave to Amend Complaint. Document filed by NML Capital, Ltd.. (ps, )
February 25, 2004 Minute Entry for proceedings held before Judge Thomas P. Griesa : Pretrial Conference held on 2/25/2004. Conference on the record. (db, )
February 25, 2004 Filing 25 DECLARATION of Stephen M. Schultz In Support Of Motion For Summary Judgment. Document filed by NML Capital, Ltd., The Republic of Argentina. (jmi, )
February 25, 2004 Filing 24 REPLY DECLARATION of Kevin S. Reed In Support Of Motion For Summary Judgment. Document filed by NML Capital, Ltd., The Republic of Argentina. (jmi, )
February 25, 2004 Filing 23 REPLY MEMORANDUM OF LAW in Support Of Plaintiff's Motion For Summary Judgment. Document filed by NML Capital, Ltd., The Republic of Argentina. (jmi, )
February 25, 2004 Filing 22 REPLY MEMORANDUM OF LAW Of The Republic Of Argentina In Further in Support Of Its Motion To Dismiss And In Opposition To Nml's Cross Motion For Leave To Amend The Complaint. Document filed by NML Capital, Ltd., The Republic of Argentina. (jmi, )
February 20, 2004 Filing 18 ANSWER to Complaint., COUNTERCLAIM against NML Capital, Ltd. Document filed by The Republic of Argentina.(djc, )
February 19, 2004 Filing 19 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 2/4/04 re: Currently pending are Plaintiff's motion for summary judgment and Defendant's motion to dismiss. The parties request an adjournment of deadlines to serve an opposition papers until 2/5/04 and reply papers until 2/19/04. Approved. (Signed by Judge Thomas P. Griesa on 2/13/04) (sac, )
February 10, 2004 Filing 21 MEMORANDUM OF LAW in Opposition re: 9 MOTION for Summary Judgment.(NDB) (Approved for filing by TPG). Document filed by The Republic of Argentina. (pa, )
February 10, 2004 Filing 17 MEMORANDUM OF LAW in Opposition re: 6 MOTION to Dismiss. Document filed by NML Capital, Ltd. (jco, )
February 10, 2004 Filing 16 MOTION for and Order pursuant to Rule 15(a) of the F.R.C.P. granting plaintiff Leave to File its proposed amended complaint. Document filed by NML Capital, Ltd. (jco, )
February 4, 2004 Filing 20 DECLARATION of Norberto Lopez in Opposition re: 9 MOTION for Summary Judgment..with attached affdvt of Christopher P. Moore and Local Rule Statement 56.1 response (NDB) (Approved for filing by TPG) Document filed by The Republic of Argentina. (pa, )
February 4, 2004 Opinion or Order Filing 15 ORDER that the court must deem that NML has complied with local rule 26.1; the Republic, however is entitled to discovery as to the persons who actually own and control NML, that can be done in further proceedings. (Signed by Judge Thomas P. Griesa on 2/2/04) (dle, )
February 2, 2004 Opinion or Order Filing 14 STIPULATION AND ORDER; NML shall have until 2/5/04 to serve papers in opposition to the Republic's motion to dismiss the complaint. The Republic shall have until 2/19/04 to serve reply papers, if any, in support of its motion to dismiss. The Republic shall have until 2/5/04 to serve reply papers in opposition to NML's motion for summary judgment. NML shall have until 2/19/04 to serve reply papers, if any, in support of its motion for summary judgment. (Signed by Judge Thomas P. Griesa on 1/30/04) (sac, )
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 20, 2004 Filing 13 Statement Purs to Local Civil Rule 26.1. Document filed by NML Capital, Ltd.. (djc, )
January 7, 2004 Filing 12 MEMORANDUM OF LAW in Support re: 9 MOTION for Summary Judgment.(NDB). Document filed by NML Capital, Ltd.. (pa, )
January 7, 2004 Filing 11 DECLARATION of Kevin S. Reed in Support re: 9 MOTION for Summary Judgment.(NDB). Document filed by NML Capital, Ltd.. (pa, )
January 7, 2004 Filing 10 RULE 56.1 STATEMENT. (NDB) Document filed by NML Capital, Ltd.. (pa, )
January 7, 2004 Filing 9 MOTION for Summary Judgment (NDB). Document filed by NML Capital, Ltd.. (pa, )
January 6, 2004 Filing 8 Demand Pursuant to Local Civil Rule 26.1. Document filed by The Republic of Argentina. (cd, )
January 6, 2004 Filing 7 MEMORANDUM OF LAW in Support re: 6 MOTION to Dismiss.. Document filed by The Republic of Argentina. (pa, )
January 6, 2004 Filing 6 MOTION to Dismiss plaintiff's claims. Document filed by The Republic of Argentina. attached affdvt of ChristopherP. Moore. (pa, )
November 21, 2003 Filing 5 Notice of Case assignment to Judge Thomas P. Griesa . Copy of notice and judge's rules mailed to Attorney(s) of record: Kevin S. Reed, Harold A. Barza . (rag)
November 10, 2003 Filing 4 AFFIDAVIT OF SERVICE of summons and complaint as to Rep. of Argentina by Antonio Lues on 11/7/03. Answer due on 11/27/03 for Rep. of Argentina. (sb)
November 7, 2003 Filing 3 STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 by NML Capital, Ltd. re: that this action be filed as related to 02cv1773 (TPG). (jjm)
November 7, 2003 Filing 2 RULE 7.1 CERTIFICATE filed by NML Capital, Ltd. . (jjm)
November 7, 2003 CASE REFERRED TO Judge Thomas P. Griesa as possibly related 1:02cv1773. (jjm)
November 7, 2003 Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 490841. (jjm)

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Search for this case: NML Capital, Ltd. v. Rep. of Argentina
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Petitioner: Banco De La Nacion Argentina
Represented By: Mark Stephen Sullivan
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Petitioner: CitiGroup, Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Karen E Wagner
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Plaintiff: EM Ltd.
Represented By: David W. Rivkin
Represented By: David Mark Bigge
Represented By: Robert A. Cohen
Represented By: Suzanne Michelle Grosso
Represented By: Charles I. Poret
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Plaintiff: NML Capital, Ltd.
Represented By: David W. Rivkin
Represented By: David Scott Hoffner
Represented By: Jennings F. Durand
Represented By: Dennis H. Hranitzky
Represented By: David Mark Bigge
Represented By: Charles Richard Jacob, III
Represented By: Haynee C. Kang
Represented By: Robert A. Cohen
Represented By: Matthew Dempsey McGill
Represented By: William Mcginley Jay
Represented By: Jeremy Mack Sher
Represented By: William Brady Mack, III
Represented By: Charles I. Poret
Represented By: Joel M. Miller
Represented By: Harold A. Barza
Represented By: Kevin Samuel Reed
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Interested party: Profesion+Auge AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Citigroup Global Markets Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Karen E Wagner
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Interested party: Banco Central de la Republica Argentina
Represented By: Joseph Emanuel Neuhaus
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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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Interested party: Origenes AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Empresa Argentina de Soluciones Satelitales ("AR-SAT")
Represented By: Kevin Michael Brennan
Represented By: Steven Michael Hecht
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Interested party: Met AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Futura AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Unidos S.A. AFJP
Represented By: Robert Edward Grossman
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Interested party: Citicorp USA Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Karen E Wagner
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Interested party: Consolidar AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Maxima AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: 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: Citicorp North America Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Karen E Wagner
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Interested party: Arauca Bit AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Citibank, N.A.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
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Intervenor: Bank of America, N.A.
Represented By: Barry Jay Glickman
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