Castro v. Republic of Argentina
| Cesar Raul Castro |
| Republic of Argentina |
| The individual persons and entities listed in Annex A |
| Guillermo A Gleizer |
| Pablo Giancaterino |
| 1:2004cv00506 |
| January 22, 2004 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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Filing 324
ORDER re: (324 in 1:04-cv-01085-LAP) Letter filed by Elizabeth Andrea Azza, (320 in 1:04-cv-00937-LAP) Letter filed by Claudia Florencia Valls, (322 in 1:04-cv-02117-LAP) Letter filed by Eduardo Puricelli, (441 in 1:04-cv-00400-LAP) Letter filed by Silvia Seijas, (312 in 1:04-cv-02118-LAP) Letter filed by Ruben Chorny, (327 in 1:04-cv-00936-LAP) Letter filed by Hickory Securities Ltd., (323 in 1:04-cv-00506-LAP) Letter filed by Cesar Raul Castro, (324 in 1:04-cv-00401-LAP) Letter filed by Silvia Seijas: Diaz, Reus & Targ, LLP's ("DRTn) request for additional lodestar to reflect its work on behalf of the class between October 2016 and May 11, 2018 is granted. Calculation of Mr. Gleizer's attorney's fees recovery shall be as set out on page 2 of Ms. Colomar-Garcia's July 24, 2018 letter (ECF No. 441.) (Signed by Judge Loretta A. Preska on 7/31/2018) (jwh)
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| Filing 323 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated July 24, 2018 re: response to Michael Spencer's letter dated July 23, 2018. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 322 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated July 23, 2018 re: Court's order dated March 5, 2018. Document filed by Guillermo A Gleizer.(Spencer, Michael) |
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Filing 321
ORDER granting #305 Motion to Approve Additional Expenses: Accordingly, the Court grants Co-Lead Counsel's motion for additional litigation costs and expenses. (ECF No. 423.) Each Co-Lead Counsel shall receive reimbursement for additional litigation-related costs and expenses as follows: Proskauer Rose LLP: $24,265.96 Deus, Riaz & Targ, LLP: $18,446.09 Law Offices of Saul Roffe, Esq. P.C.: $40,764.67. (Signed by Judge Loretta A. Preska on 6/19/2018) (jwh)
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Filing 320
MEMORANDUM AND ORDER denying #294 Motion for Reconsideration: The motion for reconsideration [dkt. no. 412] is denied. (Signed by Judge Loretta A. Preska on 6/8/2018) (jwh) Modified on 6/8/2018 (jwh).
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| Filing 319 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated May 29, 2018 re: Diaz, Reus & Targ, LLP's calculations. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 318 DECLARATION of Marta Colomar-Garcia in connection with additional attorneys' fees for lodestar. Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 317 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated May 29, 2018 re: Response to Mr. Spencer's Letter re: submission of calculations. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
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Filing 316
ORDER OF SATISFACTION OF JUDGMENT: NOW, THEREFORE, the Final Judgment in this case is deemed to have been satisfied, and the Clerk of the Court is hereby authorized and directed to make an entry of full satisfaction on the docket. (Signed by Judge Loretta A. Preska on 5/24/2018) (jwh)
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| Filing 315 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated May 29, 2018 re: Court's order dated March 5, 2018. Document filed by Guillermo A Gleizer. (Attachments: #1 Exhibit A)(Spencer, Michael) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #316 Order to the Judgments and Orders Clerk. (jwh) |
| Filing 314 DECLARATION of Saul Roffe in Support re: #305 MOTION to Approve additional expenses .. Document filed by Cesar Raul Castro. (Roffe, Saul) |
| Filing 313 DECLARATION of Reply Declaration of David A. Picon in Support of Award of Litigation Costs and Expenses in Support re: #305 MOTION to Approve additional expenses .. Document filed by Cesar Raul Castro. (Picon, David) |
| Filing 312 REPLY Declaration of Marta Colomar-Garcia in Support of Award of Litigation Costs and Expenses. Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 311 DECLARATION of Guillermo Gleizer in Opposition re: #305 MOTION to Approve additional expenses .. Document filed by Guillermo A Gleizer. (Gleizer, Guillermo) |
| Filing 310 DECLARATION of Supplemental Declaration of David A. Picon in Support of Award of Litigation Costs and Expenses in Support re: #305 MOTION to Approve additional expenses .. Document filed by Cesar Raul Castro. (Picon, David) |
| Filing 309 DECLARATION of Saul Roffe in Support re: #305 MOTION to Approve additional expenses .. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit, #2 Exhibit)(Roffe, Saul) |
| Filing 308 DECLARATION of David Picon in Support re: #305 MOTION to Approve additional expenses .. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit, #2 Exhibit)(Roffe, Saul) |
| Filing 307 DECLARATION of Marta Colomar-Garcia in Support re: #305 MOTION to Approve additional expenses .. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit, #2 Exhibit)(Roffe, Saul) |
| Filing 306 MEMORANDUM OF LAW in Support re: #305 MOTION to Approve additional expenses . . Document filed by Cesar Raul Castro. (Roffe, Saul) |
| Filing 305 MOTION to Approve additional expenses . Document filed by Cesar Raul Castro.(Roffe, Saul) |
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Filing 304
MEMO ENDORSEMENT on re: (304 in 1:04-cv-01085-LAP) Letter; (302 in 1:04-cv-00937-LAP) Letter; (303 in 1:04-cv-00506-LAP) Letter; (307 in 1:04-cv-00936-LAP) Letter; (304 in 1:04-cv-00401-LAP) Letter; (421 in 1:04-cv-00400-LAP) Letter; (293 in 1:04-cv-02118-LAP) Letter; (303 in 1:04-cv-02117-LAP) Letter. ENDORSEMENT: to calculate division of fees. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/2/2018) (jwh)
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| Filing 303 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated May 1, 2018 re: request for extension of time of deadline contained in the order of March 5, 2018. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
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Filing 302
SECOND STIPULATION AND ORDER TO EXTEND CLASS SETTLEMENT PAYMENT DATE: IT IS HEREBY STIPULATED BY AND AMONG the undersigned counsel as follows: 1. The undersigned parties agree to a final extension of the updated Payment Date from May 4, 2018 to May 16, 2018, and as further set forth in this stipulation. (Signed by Judge Loretta A. Preska on 4/23/2018) (jwh)
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| Filing 301 REPLY MEMORANDUM OF LAW in Support re: #294 MOTION for Reconsideration , Clarification, and Rehearing. . Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 300 MEMORANDUM OF LAW in Opposition re: #294 MOTION for Reconsideration , Clarification, and Rehearing. . Document filed by Guillermo A Gleizer. (Spencer, Michael) |
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Filing 299
MEMO ENDORSEMENT on re: (301 in 1:04-cv-00936-LAP) Letter, filed by Hickory Securities Ltd., (300 in 1:04-cv-00401-LAP) Letter, filed by Silvia Seijas, (415 in 1:04-cv-00400-LAP) Letter, filed by Silvia Seijas, (287 in 1:04-cv-02118-LAP) Letter, filed by Ruben Chorny, (297 in 1:04-cv-00506-LAP) Letter, filed by Cesar Raul Castro, (296 in 1:04-cv-00937-LAP) Letter, filed by Elizabeth Andrea Azza, (297 in 1:04-cv-02117-LAP) Letter, filed by Eduardo Puricelli, (298 in 1:04-cv-01085-LAP) Letter, filed by Elizabeth Andrea Azza. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/22/2018) (jwh)
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| Filing 298 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated March 22, 2018 re: Court's order dated March 5, 2018. Document filed by Guillermo A Gleizer.(Spencer, Michael) |
| Filing 297 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia on behalf of Diaz Reus & Targ, LLP, The Law offices of Saul Roffe and David Picon of Proskauer, Rose LLP dated March 21, 2018 re: request for extension of time of March 22, 2018 deadline. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 296 MEMORANDUM OF LAW in Support re: #294 MOTION for Reconsideration , Clarification, and Rehearing. CORRECTED. Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 295 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #296 Memorandum) - MEMORANDUM OF LAW in Support re: #294 MOTION for Reconsideration , Clarification, and Rehearing. . Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) Modified on 3/23/2018 (db). |
| Filing 294 MOTION for Reconsideration , Clarification, and Rehearing. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
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Filing 293
STIPULATION AND ORDER TO EXTEND CLASS SETTLEMENT PAYMENT DATE: IT IS HEREBY STIPULATED BY AND AMONG the undersigned counsel as follows: 1. The undersigned parties agree to an extension of the Payment Date from March 5, 2018 to May 4, 2018. 2. All other terms of the Agreement, Final Judgments, and any other Orders of the Court relating to this Settlement shall remain binding. 3. Class members shall transfer their Bonds into escrow seven business days before the Payment Date to be eligible for payment (where "business day" means any day that is not a weekend, or federal or bank holiday in either the United States or Argentina). (Signed by Judge Loretta A. Preska on 3/6/2018) (jwh)
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Filing 292
ORDER re: (279 in 1:04-cv-00936-LAP) MOTION for Attorney; (274 in 1:04-cv-00506-LAP) MOTION for Attorney Fees; (275 in 1:04-cv-00937-LAP) MOTION for Attorney Fees; (274 in 1:04-cv-02117-LAP) MOTION for Attorney Fees; (277 in 1:04-cv-00401-LAP) MOTION for Attorney Fees; (265 in 1:04-cv-02118-LAP) MOTION for Attorney Fees; (276 in 1:04-cv-01085-LAP) MOTION for Attorney Fees;In reviewing the transcript of the oral argument, the parties' letters and fee requests, and Judge Griesa's opinion dated April 27, 2017(dkt. no.384), the Court is not persuaded that Judge Griesa decided the relationship between Mr. Giancaterino's Diaz, Reus & Targ ("ORT) hours and his claim to half of the 25% "origination" fee (or, indeed, the relationship between Mr. Gleizer's claim to half of the 25% "origination" fee and his hours). The Court acknowledges, as the parties have, that Mr. Gleizer and Mr. Giancaterino are entitled to divide a 25% "origination" fee. The Court has already decided that, for the reasons stated on the record during the oral argument, with respect to the remaining 75%, from the Diaz Reus firm's one third, Mr. Gleizer shall be entitled to such proportion as would be yielded by a loadstar of $800,000. In reviewing the DRT hours, including Mr. Giancaterino's hours, in order to avoid double counting with respect to Mr. Giancaterino, the loadstar attributed to his DRT hours shall be $1,000,000. Counsel shall recalculate the applicable division of fees, confer, and submit their joint findings to the Court no later than March 22, 2018. The Clerk of Court is directed to terminate the motions reflected in the following actions: 04-cv-0400, Dkt. no. 385; 04-cv-0401, Dkt. no. 277; 04-cv-0506, Dkt. no. 274; 04-cv-0936, Dkt. no. 279; 04-cv-0937, Dkt. no. 275; 04-cv-1085, Dkt. no. 276; 04-cv-2117, Dkt. no. 274; 04-cv-2118, Dkt. no. 265. (Signed by Judge Loretta A. Preska on 3/2/2018) (jwh)
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Filing 291
ORDER. The Court has previously found that 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." Order at 1, NML Capital, Ltd. v. Republic of Argentina, No. 07 Civ. 2690 (TPG) (S.D.N.Y. Mar. 15, 2016), ECF No. 413 (quotation omitted). Accordingly, the Court has also previously found that "[a]ny attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest." Id. at 1-2 (collecting cases). Therefore, it is now hereby ORDERED as follows: All bonds subject to the settlement and funds transferred to and held by the escrow agent pursuant to the settlement agreement in the above-captioned actions (the "Seijas class actions") shall be deemed and considered to be in custodia legis of the Court, shall not be subject to attachment, execution, or restraint by any creditor of Argentina or by any other person, and shall remain subject to the jurisdiction of the Court, until such time as such funds shall be distributed and the bonds cancelled pursuant to the settlement agreement. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 12/8/2017) (rjm).
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Filing 290
FINAL JUDGMENT: in favor of Cesar Raul Castro against Republic of Argentina in the amount of $1,851,000.00. For the reasons set forth in the Court's April 27, 2017 Opinion and Order ECF No. 273, it is hereby ORDERED, ADJUDGED, AND DECREED as follows: This action is dismissed on the merits with prejudice as to all class members and, except as explicitly provided for in the settlement agreement dated May 23, 2016 ECF No. 205-1, without costs. Class members are permanently enjoined and barred from instituting or pursuing any claims subject to the settlement agreement or seeking additional recovery payable to a class member based on the facts or transactions alleged in the complaint. A judgment is entered in the amount up to $1,851,000. To satisfy the judgment, the Republic of Argentina shall on the payment date pay to the escrow agent 150% of the outstanding principal amount of the bonds owned and delivered for cancellation by the class members to the escrow agent (the "Settlement Amount"). To be eligible for payment, the bonds must be delivered to the escrow agent at least seven business days prior to the payment date. To satisfy the judgment, the Republic shall not be required to make any payments for bonds that have not been delivered to the escrow agent or otherwise presented by no later than seven business days prior to the payment date. Without affecting the finality of this Final Judgment in any way, the Court expressly retains exclusive jurisdiction over this action to consider all further matters arising out of or connected with the settlement, its administration, and its consummation, including to enforce, administer, and ensure compliance with all terms of the settlement agreement dated May 23, 2016, the Order Granting Final Approval of Class Settlement, the attribution, allocation, and distribution of attorneys' fees, costs, and expenses to Class Counsel from the Settlement Amount, and this Final Judgment. (Signed by Judge Loretta A. Preska on 11/28/2017) (ap)
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| Filing 289 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated October 13, 2017 re: In Response to Mr. Spencer's Letter of October 11, 2017 (Dkt. #406). Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Colomar Garcia, Marta) |
| Filing 288 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated 10/11/17 re: Fee allocations. Document filed by Guillermo A Gleizer. (Attachments: #1 Exhibit Transcript)(Spencer, Michael) |
| Filing 287 NOTICE OF APPEARANCE by Michael Champlin Spencer on behalf of Guillermo A Gleizer. (Spencer, Michael) |
| Filing 284 PABLO GIANCATERINO'S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO INTERVENE FOR THE LIMITED PURPOSE OF ADDRESSING AWARD AND DISTRIBUTION OF ATTORNEYS' FEES file by Pablo Giancaterino re: #274 MOTION for Attorney Fees Allocation. (Attachments: DECLARATION OF PABLO GIANCATERINO IN SUPPORT OF HIS MOTION TO INTERVENE; Exhibits A-E) (jwh) |
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Filing 283
ORDER: Mr. Giancaterino's motion to intervene (dkt. no. 394) is granted. He has a significant and direct interest in the fee dispute at issue. The Clerk of Court is directed to place the papers relating to this motion on the public docket. Mr. Gleizer has requested that Michael C. Spencer, Esq. be heard on his behalf at the September 27 argument. If: Mr. Spencer files a notice of: appearance he may speak on Mr. Gleizer's behalf. Otherwise, he may not appear. The September 27 oral argument will proceed as scheduled. (Signed by Judge Loretta A. Preska on 9/8/2017) (jwh)
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| Filing 282 REPLY MEMORANDUM OF LAW in Support re: #274 MOTION for Attorney Fees Allocation. . Document filed by Cesar Raul Castro. (Gleizer, Guillermo) |
| Filing 281 REPLY AFFIRMATION of Guillermo Gleizer in Support re: #274 MOTION for Attorney Fees Allocation.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gleizer, Guillermo) |
| Filing 286 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Pablo Giancaterino consents to receive electronic service via the ECF system. Document filed by Pablo Giancaterino.(sc) |
| Filing 280 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated 09-06-2017 re: Response to Mr. Gleizer's Letter dated 9-1-2017. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 285 NOTICE OF APPEARANCE PRO SE, by Pablo Giancaterino. (sc) |
| Filing 279 LETTER addressed to Judge Loretta A. Preska from Marta Colomar-Garcia dated 08/30/2017 re: Co-Lead Counsel wishes to be heard at 9-27-17. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 278 DECLARATION of Marta Colomar-Garcia in Support re: #277 Response in Opposition to Motion. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Colomar Garcia, Marta) |
| Filing 277 RESPONSE in Opposition to Motion re: #274 MOTION for Attorney Fees Allocation. . Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 276 LETTER addressed to Judge Loretta A. Preska from Guillermo Gleizer dated June 14, 2017 re: Motion for attorney's fee allocation. Document filed by Cesar Raul Castro.(Gleizer, Guillermo) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (wb) |
| Filing 275 MEMORANDUM OF LAW in Support re: #274 MOTION for Attorney Fees Allocation. . Document filed by Cesar Raul Castro. (Gleizer, Guillermo) |
| Filing 274 MOTION for Attorney Fees Allocation. Document filed by Cesar Raul Castro.(Gleizer, Guillermo) |
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Filing 273
OPINION AND ORDER re: #222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses.. filed by Cesar Raul Castro, #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement. filed by Cesar Raul Castro, #231 FIRST MOTION for Attorney Fees Notice of Motion. filed by Cesar Raul Castro: The court approves the settlements in these cases. Attorneys' fees of 30% of the class fund are awarded in the Seijas cases. The attorneys' fees in the Seijas cases are to be paid into escrow until the dispute regarding entitlement to the fees is resolved, and the court retains jurisdiction over that dispute. Attorneys' fees of 30% are awarded to Hagens Berman in Brecher. Brecher's application for a named plaintiff award of $5,000 is denied. (Signed by Judge Thomas P. Griesa on 4/27/2017) (jwh) Modified on 5/10/2017 (jwh).
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| Filing 272 LETTER addressed to Judge Thomas P. Griesa from David A. Picon dated 4/4/17 re: Notice of Potential Class Member. Document filed by Cesar Raul Castro.(Picon, David) |
| Filing 271 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated March 16, 2017 re: plaintiffs' recent submission of additional claims. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 270 LETTER addressed to Judge Thomas P. Griesa from David A. Picon dated 3/10/17 re: Notice of purported class member who asserted that he held over $45 million in face value bonds.. Document filed by Cesar Raul Castro.(Picon, David) |
| Filing 269 DECLARATION of Second Supplemental Declaration of Marta Colomar in Support of Motion for Final Approval of Settlement . Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 268 SUPPLEMENTAL MEMORANDUM OF LAW of the Republic of Argentina in Response to Plaintiffs' Supplemental Declaration and Memorandum in Support of Their Motions for Final Approval of the Class Settlements #262 . Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 267 DECLARATION of Amended Supplemental Declaration of Marta Colomar in Support of Motion for Final Approval of Settlement . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit B, #2 Exhibit C)(Colomar Garcia, Marta) |
| Filing 266 RESPONSE re: #259 Status Report Declaration of Guillermo Gleizer providing further documentation in support of application for award of attorney's fees. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Colomar Garcia, Marta) |
| Filing 265 DECLARATION of Saul Roffe re: #258 Order,, . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Picon, David) |
| Filing 264 NOTICE of Filing Spanish Document on Behalf of Argentinean Counsel Pablo Giancaterino. Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 263 DECLARATION of Marta Colomar in Further Support of an Award of Attorneys' Fees and Reimbursement of Counsels' Litigation Expenses re: #258 Order,, . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit A-Part 3, #4 Exhibit A-Part 4, #5 Exhibit A-Part 5)(Colomar Garcia, Marta) |
| Filing 262 DECLARATION of Marta Colomar in Support of Motion for Final Approval of Settlement re: #258 Order,, . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Colomar Garcia, Marta) |
| Filing 261 DECLARATION of David A. Picon re: #258 Order,, . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A Part 1 of 4, #2 Exhibit A Part 2 of 4, #3 Exhibit A Part 3 of 4, #4 Exhibit A Part 4 of 4)(Picon, David) |
| Filing 260 STATUS REPORT. Report - Memorandum Document filed by Cesar Raul Castro.(Gleizer, Guillermo) |
| Filing 259 STATUS REPORT. Report - Declaration Document filed by Cesar Raul Castro.(Gleizer, Guillermo) |
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Filing 258
ORDER. The court now invites plaintiffs in these cases to file an updated list of claims submitted, and the corresponding anticipated value of the class fund and attorneys' fees requests. The court also requests that class counsel submit further supporting documentation regarding their pending attorneys' fees requests, including a detailed statement of how the attorneys' hours were spent. All plaintiffs' submissions are to be filed by February 13, 2017. The Republic of Argentina may submit a reply no later than February 23, 2017. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/24/2017) (rjm)
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Filing 257
ORDER: On November 10, 2016, the court held a fairness hearing in the above captioned cases to address proposed settlements. At the fairness hearing, plaintiffs requested an extension of the deadline for submission of class members' claims and documentation to the Republic of Argentina. The court extended the deadline to November 15, 2016.The court now invites plaintiffs in these cases to file an updated list of claims submitted, and the corresponding anticipated value of the class fund and attorneys' fees requests. The court also requests that class counsel submit further supporting documentation regarding their pending attorneys' fees requests, including a detailed statement of how the attorneys' hours were spent. All plaintiffs' submissions are to be filed by February 13, 2017. The Republic of Argentina may submit a reply no later than February 23, 2017. SO ORDERED., ( Motions due by 2/13/2017., Responses due by 2/23/2017) (Signed by Judge Thomas P. Griesa on 1/24/2017) (ama)
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| Filing 256 STATUS REPORT. Supplemental Status Report Document filed by Cesar Raul Castro.(Gleizer, Guillermo) |
| Filing 255 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar-Garcia dated December 16, 2016 re: response to objections submitted by Omar Palermo and Javier Casas Scardino. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 254 NOTICE of of Filing Corrected Exhibit "A" to Declaration of Marta Colomar-Garcia in Support of an Award of Attorneys' Fees and Reimbursement of Litigation Expenses. Document filed by Cesar Raul Castro. (Colomar Garcia, Marta) |
| Filing 253 STATUS REPORT. Concerning Fee Allocation Negotiations Dated November 23, 2016. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 252 STATUS REPORT. Concerning Fee Allocation Negotiations Dated November 22, 2016, Pursuant to the Court's November 10, 2016 Order. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 251 STATUS REPORT. Concerning Fee Allocation Negotiations Dated November 18, 2016, Pursuant to the Court's November 10, 2016 Order. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 250 STATUS REPORT. Per Court Order of Nov 10, 2016 Document filed by Cesar Raul Castro.(Gleizer, Guillermo) |
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Filing 249
MEMO ENDORSEMENT on re: (250 in 1:04-cv-01085-TPG) Notice (Other) filed by Hickory Securities, Ltd., Elizabeth Andrea Azza, Rodolfo Vogelbaum, (253 in 1:04-cv-00936-TPG) Notice (Other) filed by Hickory Securities Ltd., (359 in 1:04-cv-00400-TPG) Notice (Other) filed by Silvia Seijas, Thomas L. Pico Estrada, Heather M. Munton, (248 in 1:04-cv-02117-TPG) Notice (Other) filed by Eduardo Puricelli, (248 in 1:04-cv-00506-TPG) Notice (Other) filed by Cesar Raul Castro, (239 in 1:04-cv-02118-TPG) Notice (Other) filed by Ruben Chorny, (249 in 1:04-cv-00937-TPG) Notice (Other) filed by Hickory Securities, Ltd., Elizabeth Andrea Azza, Claudia Florencia Valls, (252 in 1:04-cv-00401-TPG) Notice (Other) filed by Anibal Campo, Silvia Seijas, Maria Copati, Ruben Weiszman, Emilio Romano. ENDORSEMENT: So Ordered. Attorney Jennifer R. Scullion terminated. (Signed by Judge Thomas P. Griesa on 12/1/2016) (kl)
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| Filing 248 NOTICE of of Withdrawal of Jennifer R. Scullion. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 247 NOTICE OF APPEARANCE by Steven E. Obus on behalf of Cesar Raul Castro. (Obus, Steven) |
| Filing 246 NOTICE OF APPEARANCE by David A. Picon on behalf of Cesar Raul Castro. (Picon, David) |
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Filing 245
ORDER: The Court is in receipt of a letter from counsel dated November 18, 2016 updating the Court on the status of negotiations between co-lead counsel and attorney Guillermo Gleizer, as ordered on November 10, 2016. IT IS HEREBY ORDERED that co-lead class counsel in the Seijas cases and Guillermo Gleizer update the court as to the product of negotiations regarding attorney Gleizer's entitlement to attorneys' fees in conjunction with the Seijas cases by noon on Wednesday November 23, 2016. SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/21/2016) (kl)
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Filing 244
ORDER: Following the hearing of November 10, 2016, IT IS HEREBY ORDERED that co-lead class counsel in the Seijas cases conduct good faith negotiations with Guillermo Gleizer as to Attorney Gleizer's entitlement to attorneys' fees in conjunction with the Seijas cases and update the court as to the product of those negotiations by Friday November 18, 2016; IT IS FURTHER ORDERED that the firm and final deadline for the submission of claims and documentation of claims for potential class members in these cases is November 15, 2016; and IT IS FURTHER ORDERED that the Seijas plaintiffs' request for an extension of time to investigate claims withdrawn by Bank of New York Mellon is DENIED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/10/2016) (kl)
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| Minute Entry for proceedings held before Judge Thomas P. Griesa: Fairness Hearing held on 11/10/2016. Fairness hearing held and concluded of class plaintiffs notice of motion for final approval of settlement and notice of motion for attorneys fees. Oral argument held on all motions fully briefed, which refer to ECF document numbers 330, 334 and 340 in case no. 04 CV 400 (TPG), and ECF doc. number 126 and 128 in case no. 06 CV 15297 (TPG). The Court also hears oral argument on a separate application by class counsel for the Seijas plaintiffs for an extension of time to investigate the Bank of New York Mellon claims. The Court reserves decision on all motions. Counsel present include the following: Ms. Jennifer Scullion, Mr. Saul Roffe, Mr. Gary Davidson and Ms. Maria Colomar Garcia, representing the Seijas class plaintiffs. Mr. Jason A. Zweig, representing plaintiff, Henry S. Brecher. Mr. Guillermo A. Gleizer, former counsel for the Seijas class plaintiffs. Mssrs. Carmine D. Boccuzzi, Jr. and Daniel Northrup, representing Defendant, Republic of Argentina. Mr. Judd Henry, of counsel to The Bank of New York Mellon. Individual objector to settlement, Mr. Ira Sohn. (Court Reporter Paula Speer) (Zaepfel, Kenneth). |
| Filing 243 DECLARATION of Jennifer Scullion in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A)(Scullion, Jennifer) |
| Filing 242 DECLARATION of Saul Roffe in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 241 REPLY to Response to Motion re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement. . Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 240 REPLY MEMORANDUM OF LAW in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement. Reply Memorandum of Law in Support of Motion for Final Approval of Class Settlement.. Document filed by Cesar Raul Castro. (Attachments: #1 Appendix A, #2 Appendix B)(Scullion, Jennifer) |
| Filing 239 REPLY MEMORANDUM OF LAW in Support re: #222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses.. Reply Memorandum of Law in Support of Co-Lead Counsel's Motion for Attorneys' Fees and Reimbursement of Litigation Expenses. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 238 DECLARATION of Reply Declaration of Jennifer Scullion in Support of Motion for Final Approval of Settlement in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A-G)(Scullion, Jennifer) |
| Filing 237 MEMORANDUM OF LAW in Opposition re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement. . Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 236 DECLARATION of Osvaldo A. Colazo, dated October 20, 2016 in Opposition re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 235 DECLARATION of Elizabeth M. Hanly, dated October 20, 2016 in Opposition re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Republic of Argentina. (Attachments: #1 Exhibit A-D)(Boccuzzi, Carmine) |
| Filing 234 DECLARATION of GUILLERMO A. GLEIZER in Support re: #231 FIRST MOTION for Attorney Fees Notice of Motion.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gleizer, Guillermo) |
| Filing 233 MEMORANDUM OF LAW in Support re: #231 FIRST MOTION for Attorney Fees Notice of Motion. . Document filed by Cesar Raul Castro. (Gleizer, Guillermo) |
| Filing 232 DECLARATION of Guillermo Gleizer in Support re: #231 FIRST MOTION for Attorney Fees Notice of Motion.. Document filed by Cesar Raul Castro. (Gleizer, Guillermo) |
| Filing 231 FIRST MOTION for Attorney Fees Notice of Motion. Document filed by Cesar Raul Castro. Return Date set for 11/10/2016 at 02:00 PM.(Gleizer, Guillermo) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Guillermo Ariel Gleizer to RE-FILE Document #221 FIRST MOTION for Attorney Fees . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 230 MEMORANDUM OF LAW in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement. . Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 229 MEMORANDUM OF LAW in Support re: #222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses.. Memorandum of Law in Support of Co-Lead Counsel's Motion for Attorneys' Fees and Reimbursement of Litigation Expenses. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 228 DECLARATION of Jennifer Scullion in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Scullion, Jennifer) |
| Filing 227 DECLARATION of Michael Jacoby in Support re: #226 MOTION for Settlement Notice of Motion For Final Approval of Settlement.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scullion, Jennifer) |
| Filing 226 MOTION for Settlement Notice of Motion For Final Approval of Settlement. Document filed by Cesar Raul Castro. Return Date set for 11/10/2016 at 02:00 PM.(Scullion, Jennifer) |
| Filing 225 DECLARATION of Saul Roffe in Support re: #222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses... Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Scullion, Jennifer) |
| Filing 224 DECLARATION of Marta Colomar-Garcia in Support re: #222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses... Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scullion, Jennifer) |
| Filing 223 DECLARATION of Jennifer Scullion in Support of motion For Award of Expenses and Fees in Support re: #222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses... Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scullion, Jennifer) |
| Filing 222 MOTION for Attorney Fees Notice of Motion By Co-Lead Counsel for Award of Fees and Expenses.. Document filed by Cesar Raul Castro. Return Date set for 11/10/2016 at 02:00 PM.(Scullion, Jennifer) |
| Filing 221 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Attorney Fees . Document filed by Cesar Raul Castro. Return Date set for 11/10/2016 at 02:00 PM. (Attachments: #1 Declaration in support, #2 Memorandum in support)(Gleizer, Guillermo) Modified on 10/4/2016 (db). |
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Filing 220
ORDER: The parties in the above-captioned cases jointly requested a modification to the schedule for the motions for final approval of the class settlements and request for an award of fees and expenses. The motion is denied. The parties are ordered to submit the motions in accordance with the following unmodified schedule: Plaintiffs' motions are due on October 3, 2016. Objections, if any, are due on October 21, 2016. Replies are due on November 1, 2016; and The date for the Fairness Hearing remains November 10, 2016. SO ORDERED. (Motions due by 10/3/2016., Replies due by 11/1/2016.) (Signed by Judge Thomas P. Griesa on 9/30/2016) (kl)
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| Filing 219 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 9/28/16 re: Joint Request re: Schedule. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
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Filing 218
MEMO ENDORSEMENT on re: (325 in 1:04-cv-00400-TPG) Letter filed by Silvia Seijas, Thomas L. Pico Estrada, Heather M. Munton, (118 in 1:06-cv-15297-TPG) LETTER MOTION for Leave to File Motion in Support of FInal Approval and for Attorneys Fees and Reimbursement of Expenses on October 3, 2016 addressed to Judge Thomas P. Griesa from Jason Allen Zweig dated September 15, 2016. filed by Henry H. Brecher, (220 in 1:04-cv-00936-TPG) Letter filed by Hickory Securities Ltd., (208 in 1:04-cv-02118-TPG) Letter filed by Ruben Chorny, (218 in 1:04-cv-00937-TPG) Letter filed by Hickory Securities, Ltd., Elizabeth Andrea Azza, Claudia Florencia Valls, (217 in 1:04-cv-00506-TPG) Letter filed by Cesar Raul Castro, (221 in 1:04-cv-00401-TPG) Letter filed by Anibal Campo, Silvia Seijas, Maria Copati, Ruben Weiszman, Emilio Romano, (218 in 1:04-cv-01085-TPG) Letter filed by Hickory Securities, Ltd., Elizabeth Andrea Azza, Rodolfo Vogelbaum, (217 in 1:04-cv-02117-TPG) Letter filed by Eduardo Puricelli, ( Motions due by 10/3/2016.) ENDORSEMENT: So ordered. (Signed by Judge Thomas P. Griesa on 9/19/2016) (lmb)
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| Filing 217 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 9/15/16 re: Confirmation of Filing Date. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
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Filing 216
MEMO ENDORSEMENT on re: (219 in 1:04-cv-00401-TPG) Letter filed by Anibal Campo, Silvia Seijas, Maria Copati, Ruben Weiszman, Emilio Romano, (215 in 1:04-cv-00506-TPG) Letter filed by Cesar Raul Castro, (216 in 1:04-cv-01085-TPG) Letter filed by Hickory Securities, Ltd., Elizabeth Andrea Azza, Rodolfo Vogelbaum, (323 in 1:04-cv-00400-TPG) Letter filed by Silvia Seijas, Thomas L. Pico Estrada, Heather M. Munton, (215 in 1:04-cv-02117-TPG) Letter filed by Eduardo Puricelli, (206 in 1:04-cv-02118-TPG) Letter filed by Ruben Chorny, (218 in 1:04-cv-00936-TPG) Letter filed by Hickory Securities Ltd., (216 in 1:04-cv-00937-TPG) Letter filed by Hickory Securities, Ltd., Elizabeth Andrea Azza, Claudia Florencia Valls. ENDORSEMENT: APPROVED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 6/7/2016) (kl)
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| Filing 215 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 6/6/16 re: Proposed Summary Notice. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
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Filing 214
ORDER FOR ADMISSION PRO HAC VICE granting (320 in case no. 04-cv-400) Motion for Gary E. Davidson to Appear Pro Hac Vice. The Motion of Gary E. Davidson, for admission to practice Pro Hac Vice in the above captioned action is granted. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 6/3/2016) (kl)
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Filing 213
ORDER denying #182 Motion to Amend/Correct; granting #203 Motion to Approve Approve Notice of Motion For Preliminary Approval of Settlement. The court hereby orders that: The Preliminary Approval Motion is granted and the court preliminarily approves the Settlement. The court finds that the Settlement is the product of arm's-length negotiation by experienced counsel. The court further finds that the Settlement appears to be fair, reasonable, and adequate, in the best interests of the Classes, and within the range of possible approval, subject to consideration at the Rule 23 hearing as set forth below. A hearing on the Rule 23 Approval Motion shall be held on November 10, 2016, at 2:00 p.m. in Courtroom 26B of this Courthouse before the undersigned to consider the fairness, reasonableness and adequacy of the Settlement. The foregoing date, time, and place of the Fairness Hearing shall be set forth in the notice and publications ordered herein, but shall be subject to adjournment or change by the court. Plaintiffs' motion for leave to amend and for a preliminary injunction is denied without prejudice. (As further set forth in this Order.) (Signed by Judge Thomas P. Griesa on 5/27/2016) (cf)
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| Filing 212 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 5/27/2016 re: Response to #211 Argentina's Letter Dated 5/27/16.. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 211 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 27, 2016 re: Plaintiffs' May 26, 2016 submissions. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Set/Reset Hearings: Fairness Hearing set for 11/10/2016 at 02:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (cf) |
| Filing 210 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #203 MOTION to Approve Notice of Motion For Preliminary Approval of Settlement . Supplemental Memorandum of Law in Support of Motion For Preliminary Approval of Settlement. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 209 MEMORANDUM OF LAW of Defendant the Republic of Argentina, Dated May 26, 2016. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 208 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar Garcia dated May 26, 2016 re: request for Court to accpet the filing of the Motion for Admission Pro Hac Vice for Gary E. Davidson. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit Certificate of Good Standing-DC Bar)(Colomar Garcia, Marta) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #207 MOTION for Gary E. Davidson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12345333. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from District of Columbia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) |
| Filing 207 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gary E. Davidson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12345333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit Certificate of Good Standing-Supreme Court of Florida, #2 Exhibit Certificate of Good Standing-Arizona Bar, #3 Exhibit Certificate of Good Standing-DC Bar, #4 Text of Proposed Order Proposed Order)(Davidson, Gary) Modified on 5/26/2016 (sdi). |
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Filing 206
ORDER: On May 23, 2016, plaintiffs in the Seijas and Brecher class actions filed motions for preliminary approval of settlement. In the memoranda in support of their motions, plaintiffs briefly address the issue of an additional opt-out period under Federal Rule of Civil Procedure 23(e)(4). Plaintiffs submit that the court should not permit an additional opt-out period. See Seijas Mem. L. 11; Brecher Mem. L. 13-14. If the court were inclined to permit an additional opt-out period, however, the Seijas plaintiffs "request the opportunity to be heard more fully on the issue, including on potential mechanics" that could "minimize or avoid the risk of free-riding." Seijas Mem. L. 11. The court is considering whether to permit an additional opt-out period. Plaintiffs are invited to submit a memorandum, limited to three pages, by 5:00 p.m. tomorrow on the issue of whether the court should permit an additional opt-out period. The memorandum may also suggest potential mechanics that could minimize or avoid the risk of free-riding. The court has also invited plaintiff in the Brecher class action to submit a memorandum. The Republic of Argentina may submit its own memorandum, limited to three pages, by 5:00 p.m. tomorrow. If any of the parties to the Seijas and Brecher class actions wish to confer and jointly submit a memorandum, they may do so. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/25/2016) (kl)
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| NOTICE: The plaintiffs in the Seijas and Brecher class actions have filed motions for preliminary approval of settlements with the Republic of Argentina. Accordingly, the evidentiary hearing is adjourned sine die. (Zaepfel, Kenneth) |
| Filing 205 DECLARATION of Jennifer R. Scullion in Support of Motion for Preliminary Approval of Settlement in Support re: #203 MOTION to Approve Notice of Motion For Preliminary Approval of Settlement .. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scullion, Jennifer) |
| Filing 204 MEMORANDUM OF LAW in Support re: #203 MOTION to Approve Notice of Motion For Preliminary Approval of Settlement . Memorandum of Law in Support of Motion For Preliminary Approval of Settlement. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 203 MOTION to Approve Notice of Motion For Preliminary Approval of Settlement . Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
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Filing 202
ORDER: On May 6, 2016, counsel to plaintiff in the Brecher class action informed the court that plaintiff and the Republic of Argentina had entered into a written memorandum of understanding to settle that case. That same day, counsel to the eight plaintiff classes in the Seijas class actions also notified the court that settlements in principle had been reached with the Republic to settle those cases. Accordingly, both counsel requested an adjournment of tomorrow's evidentiary hearing. This adjournment is to give the parties time to finalize the written settlement agreements and submit motions for preliminary approval of the settlements. The court will adjourn the evidentiary hearing to 11:00 a.m. on May 24, 2016. This will afford the parties ample time to finalize the settlement agreements and submit their motions for preliminary approval. If the parties do not file their motions by 2:00 p.m. on May 23, the evidentiary hearing will proceed as planned. SO ORDERED. (Motions due by 5/23/2016., Evidentiary Hearing set for 5/24/2016 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 5/9/2016) (kl)
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| Filing 201 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 5/6/16 re: Settlement in Principle. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 200 LETTER MOTION for Extension of Time to File Responses to Motions to Intervene, For Leave to Amend, and For a Preliminary Injunction addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 20, 2016. Document filed by Republic of Argentina.(Paskin, Michael) |
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Filing 199
ORDER: The parties have requested an adjournment of the evidentiary hearing presently scheduled for April 26, 2016. The parties have also notified the court that they believe settlement is imminent. In order to give the parties time to reach a settlement agreement, the evidentiary hearing will be adjourned to 11:00 a.m. on May 10, 2016. If the parties reach a settlement agreement by May 10, they must advise the court in writing as to how settlement might affect the evidentiary hearing. In so doing, the parties must address the fact that the Court of Appeals issued a mandate directing this court to hold such a hearing. SO ORDERED. (Evidentiary Hearing set for 5/10/2016 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 4/20/2016) (kl)
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| Filing 198 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 4/4/16 re: Evidentiary Hearing. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
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Filing 197
ORDER granting #196 Letter Motion for Extension of Time. APPROVED. The evidentiary hearing will still take place on April 26, 2016, unless the Court informs the parties otherwise. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/1/2016) (kl)
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| Filing 196 LETTER MOTION for Extension of Time (joint request that all filing deadlines and hearing dates be stayed pending Court of Appeals decision) addressed to Judge Thomas P. Griesa from Michael A. Paskin dated March 31, 2016. Document filed by Republic of Argentina.(Paskin, Michael) |
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Filing 195
ORDER granting #189 Letter Motion for Extension of Time. APPROVED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/2/2016) (kl)
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| Set/Reset Deadlines: Responses due by 4/4/2016 (kl) |
| Filing 194 LETTER RESPONSE in Opposition to Motion addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 3/1/2016 re: #189 LETTER MOTION for Extension of Time addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/28/2016. . Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
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Filing 193
ORDER GRANTING WITHDRAWAL OF CARLOS F. GONZALEZ AS COUNSEL OF RECORD: The court having received the Notice of Withdrawal of Carlos F. Gonzalez as Counsel of Record, and the Court having found that the request is in accordance with the uniform rules of this Court, it is hereby ORDERED that the request to withdraw Carlos F. Gonzalez as counsel of record is GRANTED. Attorney Carlos F. Gonzalez terminated. (Signed by Judge Thomas P. Griesa on 2/29/2016) (kl)
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Filing 192
ORDER GRANTING WITHDRAWAL OF MARGARET LAI A/K/A MARGARET T. PEREZ AS COUNSEL OF RECORD: The court having received the Notice of Withdrawal of Margaret Lai (a/k/a Margaret T. Perez) as Counsel of Record, and the Court having found that the request is in accordance with the uniform rules of this Court, it is hereby ORDERED that the request to withdraw Margaret Lai (a/k/a Margaret T. Perez) as counsel of record is GRANTED. Attorney Margaret T. Perez terminated. (Signed by Judge Thomas P. Griesa on 2/29/2016) (kl)
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| Filing 191 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of Republic of Argentina. (Slifkin, Daniel) |
| Filing 190 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of Republic of Argentina. (Hernandez, Damaris) |
| Filing 189 LETTER MOTION for Extension of Time addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/28/2016. Document filed by Republic of Argentina.(Paskin, Michael) |
| Filing 188 NOTICE of of Withdrawal of Carlos F. Gonzalez as Counsel of Record. Document filed by Cesar Raul Castro. (Attachments: #1 Text of Proposed Order)(Colomar Garcia, Marta) |
| Filing 187 NOTICE of of Withdrawal of Margaret Lai as Counsel of Record. Document filed by Cesar Raul Castro. (Attachments: #1 Text of Proposed Order)(Colomar Garcia, Marta) |
| Filing 186 CERTIFICATE OF SERVICE of Notice of Motion and Proposed Order for Leave to Amend and for Prlimanary Injuntion, Memorandum of Law in Support of Motions, Declaration of Jennifer Scullion and Pablo Giancaterino. served on Carmine Boccuzzi of Cleary Gottlieb LLP on 2/17/2016. Service was made by Electronically Filed. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 185 DECLARATION of Pablo Giancaterino in Support re: #182 MOTION to Amend/Correct Notice of Motion For Leave to Amend and For Preliminary Injunction.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A-C, #2 Exhibit D-F)(Scullion, Jennifer) |
| Filing 184 DECLARATION of Jennifer R. Scullion in Support re: #182 MOTION to Amend/Correct Notice of Motion For Leave to Amend and For Preliminary Injunction.. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Scullion, Jennifer) |
| Filing 183 MEMORANDUM OF LAW in Support re: #182 MOTION to Amend/Correct Notice of Motion For Leave to Amend and For Preliminary Injunction. . Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 182 MOTION to Amend/Correct Notice of Motion For Leave to Amend and For Preliminary Injunction. Document filed by Cesar Raul Castro. (Attachments: #1 [Proposed] Order Granting Leave to Amend and Granting Preliminary Injunction)(Scullion, Jennifer) |
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Filing 181
PROPOSED ORDER TO SHOW CAUSE. ENDORSEMENT: The court declines to sign this proposed order. A motion can be made under the applicable rules. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/16/2016) (Attachments: #1 Proposed Order)(kl) Modified on 2/17/2016 (kl).
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| Filing 180 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar Garcia dated 02/08/2016 re: settlement agreements and pari passu. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
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Filing 179
ORDER: Pursuant to the court's instructions on December 1, 2015, the Republic of Argentina and plaintiffs in the Seijas and Brecher class actions have agreed on a proof-of-claim form. They have also agreed to take the following actions: 1. The class action plaintiffs shall disseminate the form to a list of potential class members maintained by Gilardi & Co. 2. The class action plaintiffs shall provide the form to DTC, Euroclear, and Caja de Valores, and request dissemination of the form through the mechanisms those entities maintain. If, after engaging with DTC, Euroclear, and Caja de Valores, the class action plaintiffs believe that assistance from the Republic of Argentina is needed to implement these mechanisms, counsel for the class action plaintiffs and the Republic of Argentina shall meet and confer, and will present any unresolved issues to the court for determination. 3. The class action plaintiffs shall issue a press release over Businesswire at least twice. This press release shall alert bondholders to contact counsel for the class action plaintiffs to obtain a proof-of-claim form. In order to facilitate the evidentiary hearing scheduled for April 26, 2016, the class action plaintiffs must issue any Businesswire press releases no later than March 4, 2016. This order shall apply solely to the parties in the Seijas and Brecher class actions. It shall not apply to any other actions before this court where the Republic of Argentina is a defendant, including actions brought by the so-called "Lead Plaintiffs" and "Me-too Plaintiffs." (Signed by Judge Thomas P. Griesa on 1/8/2016) (kl)
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| Filing 178 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated December 29, 2015 re: Plaintiffs' letter dated December 22, 2015. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 177 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar Garcia dated December 22, 2015 re: response to Argentina's December 17, 2015 letter to the Court. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit RevisedProof of Claim, #2 Exhibit Proposed Order)(Colomar Garcia, Marta) |
| Filing 176 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated December 17, 2015 re: in response to plaintiffs' letter dated December 16, 2015. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 175 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar Garcia dated December 16, 2015 re: Response to Argentina's December 14, 2015 letter to the Court. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit response to Argentina's December 14, 2015 letter to the Court)(Colomar Garcia, Marta) |
| Filing 174 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated December 14, 2014 re: In response to plaintiffs' letters dated December 10, 2015. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 173 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar Garcia dated 12/10/2015 re: Recap of case and how we propose to proceed. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit Request for Proof of Claims from Class Members)(Colomar Garcia, Marta) |
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Filing 172
REQUEST FOR INTERNATIONAL JUDICIAL ASSITANCE (LETTER ROGATORY- CAJA DE VALORES): This Court respectfully requests the assistance described herein as necessary in the interests of justice. The assistance requested is that the Appropriate Judicial Authority of Argentina compel production of the documents set forth in Schedule A hereto by Caja de Valores, S.A., a company incorporated in Argentina, and having its principal place of business at 25 de Mayo 362, Ciudad Autnoma de Buenos Aires, Argentina. Counsel for Plaintiffs, identified immediately below, is willing to reimburse the judicial authorities of Argentina for costs incurred in executing this Letter Rogatory. The Court extends to the Appropriate Judicial Authorities of Argentina assurances of its highest consideration. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 12/3/2015) (kl)
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Filing 171
REQUEST FOR INTERNATIONAL JUDICIAL ASSITANCE (LETTER ROGATORY- EUROCLEAR): This Court respectfully requests the assistance described herein as necessary in the interests of justice. The assistance requested is that the Appropriate Judicial Authority of Belgium compel production of the documents set forth in Schedule A hereto by Euroclear, a company incorporated in Brussels, and having its principal place of business at 1, Boulevard du Roi Albert II, 1210 Brussels, Belgium. Counsel for Plaintiffs, identified immediately below, is willing to reimburse the judicial authorities of Belgium for costs incurred in executing this Letter Rogatory. The Court extends to the Appropriate Judicial Authorities of Belgium assurances of its highest consideration. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 12/3/2015) (kl)
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Filing 170
ORDER granting #166 Motion for Issuance of Letters Rogatory. In a motion filed on November 24, 2015, plaintiffs in these class actions moved for issuance of letters rogatory, seeking non-party discovery from two foreign entities. Defendant, the Republic of Argentina, does not object. The court assumes knowledge by the parties of the relevant record and background, which will not be repeated here. Because plaintiffs have made "a reasonable showing that the evidence sought may be material," the court grants plaintiffs' motion. See Netherby Ltd. v. Jones Apparel Grp., Inc., No. 04-cv-7028 (GEL), 2005 WL 1214345, at *1 (S.D.N.Y. May 18, 2005). (Signed by Judge Thomas P. Griesa on 12/3/2015) (kl)
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Filing 169
ORDER. In aid of determining damages-whether aggregate or individual-in connection with the evidentiary hearing that the court will hold, the parties are directed to confer regarding a proof-of-claim form. The parties are directed to submit a proposed form for approval by the court no later than 12:00 p.m. on December 10, 2015. The evidentiary hearing will be held at 11:00 a.m. on April 26, 2016, to continue day to day as needed. (Evidentiary Hearing set for 4/26/2016 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 12/1/2015) (rjm)
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| Filing 168 MEMORANDUM OF LAW in Support re: #166 MOTION for Issuance of Letters Rogatory as to Caja de Valores and Euroclear in Argentina and Belgium. . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Colomar Garcia, Marta) |
| Filing 167 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT # 168) - REPLY MEMORANDUM OF LAW in Opposition re: #166 MOTION for Issuance of Letters Rogatory as to Caja de Valores and Euroclear in Argentina and Belgium. . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Colomar Garcia, Marta) Modified on 11/24/2015 (lb). |
| Filing 166 MOTION for Issuance of Letters Rogatory as to Caja de Valores and Euroclear in Argentina and Belgium. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
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Filing 165
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Saul Roffe dated 9/25/2015 re: Adjournment of the September 30, 2015 conference. ENDORSEMENT: DENIED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/28/2015) (kl)
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| Filing 164 LETTER addressed to Judge Thomas P. Griesa from Marta Colomar Garcia dated September 24, 2015 re: Plaintiff's Memorandum Pursuant to Court's Order of August 25, 2015. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
| Filing 163 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated September 24, 2015 re: in response to the Court's Orders of August 25 and September 2, 2015, etc. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 162
ORDER granting #160 Letter Motion for Extension of Time. The court has ordered the parties to submit memoranda by 5:00 p.m. on September 2, 2015 in preparation for the conference scheduled for 2:00 p.m. on September 8, 2015. Plaintiffs request an adjournment and assert that defendant, the Republic of Argentina, has no objection to this request. Accordingly, the parties will submit the memoranda, limited to ten pages in length, no later than 12:00 p.m. on September 24, 2015. The court will hold the conference at 2:00p.m. on September 30, 2015. (Signed by Judge Thomas P. Griesa on 9/2/2015) (kl)
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| Filing 161 MANDATE of USCA (Certified Copy) USCA Case Number 14-2104-cv(L), 14-2105-cv(CON), 14-2106-cv(CON), 14-2107-cv(CON), 14-2108-cv(CON), 14-2109-cv(CON), 14-2111-cv(CON), 14-2112-cv(CON).. The appeals in the above captioned case from orders of the United States District Court for the Southern District of New York were argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's orders dated April 24, 2014, certifying all holder classes in the eight actions at issue here, are VACATED and the cases are REMANDED. On remand, the District Court must follow our specific instructions in Seijas II, 493 F. App'x at 160.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/02/2015. (Attachments: #1 Opinion)(nd) |
| Set/Reset Hearings: Status Conference set for 9/30/2015 at 02:00 PM before Judge Thomas P. Griesa. (kl) |
| Filing 160 LETTER MOTION for Extension of Time addressed to Judge Thomas P. Griesa from Marta Colomar-Garcia dated 8/31/2015. Document filed by Cesar Raul Castro.(Colomar Garcia, Marta) |
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Filing 159
ORDER: The court, in accordance with the mandate of the Court of Appeals, will conduct an evidentiary hearing to consider the matters identified in items (1) through (4) at page nine of the Opinion of the Court of Appeals dated August 10, 2015. The date of the evidentiary hearing will be set at the conference presently scheduled for September 8, 2015 at 2:00 p.m. The court requests that the parties submit memoranda, limited to ten pages in length, no later than 5:00 pm on September 2, 2015, setting forth their respective views as to how each of the items (1) through (4) will be dealt with at the evidentiary hearing. (Signed by Judge Thomas P. Griesa on 8/25/2015) (kl)
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Filing 158
ORDER: A conference in these cases is hereby scheduled on September 8, 2015 at 2:00pm. (Status Conference set for 9/8/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 8/19/2015) (kl)
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| Filing 157 OPINION of USCA. USCA Case Numbers: 14-2104-cv(L), 14-2105-cv(CON), 14-2106-cv(CON), 14-2107-cv(CON), 14-2108-cv(CON), 14-2109-cv(CON), 14-2111-cv(CON), 14-2112-cv(CON). Appeal from orders of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge), on remand from a previous appeal, certifying expanded plaintiff classes. We hold that the District Court contravened the mandate issued on appeal by failing to follow the prior panel's specific instructions. Accordingly, we VACATE and REMAND. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/10/2015. (nd) |
| Filing 156 NOTICE OF APPEARANCE by Stephen Michael Ahron on behalf of Cesar Raul Castro. (Ahron, Stephen) |
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Filing 155
ORDER re: #154 Letter withdrawing #129 Motion for Preliminary Injunction. So ordered. The motions for preliminary injunctions in these eight cases are withdrawn without prejudice. (Signed by Judge Thomas P. Griesa on 6/1/2015) (kl)
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| Filing 154 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 6/1/15 re: Pending Motions for Preliminary Injunction. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 153 MANDATE of USCA (Certified Copy). Petitioner moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's orders granting class certification. Upon due consideration, it is hereby ORDERED that the petitions are GRANTED. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134,139-40 (2d Cir. 2001). The appeals will be heard in tandem. The Petitioner is directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 05/20/2015. (nd) |
| Filing 152 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 4/13/2015 re: Responding to the Republic's April 7, 2015 letter (Dkt # 151). Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 151 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated April 7, 2015 re: Plaintiffs' March 26, 2015 letter. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 150 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 3/26/15 re: Request the Court hear and decide the pending Class Pari Passu PI Motions along with the "me too" motions. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 149 MEMO ENDORSEMENT on re: #148 LETTER addressed to Judge Thomas P. Griesa from M. Todd Mobley dated January 21, 2015 re: Withdrawal of appearance on behalf of Plaintiff.. Document filed by Cesar Raul Castro. ENDORSEMENT: Approved. Attorney Michael Todd Mobley terminated. (Signed by Judge Thomas P. Griesa on 1/22/2015) (rjm) |
| Filing 148 LETTER addressed to Judge Thomas P. Griesa from M. Todd Mobley dated January 21, 2015 re: Withdrawal of appearance on behalf of Plaintiff.. Document filed by Cesar Raul Castro.(Mobley, Michael) |
| Filing 147 NOTICE of Withdrawal as counsel of record for plaintiff.. Document filed by Cesar Raul Castro. (Mobley, Michael) |
| Filing 146 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated December 23, 2014 re: Response to the 12-22-14 Letter from the Republic. [Dkt.145]. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Filing 145 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated December 22, 2014 re: Plaintiffs' December 8, 2014 Letter, etc. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 144 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 12/8/2014 re: signing of proposed order. Document filed by Cesar Raul Castro. (Attachments: #1 Text of Proposed Order proposed order)(Scullion, Jennifer) |
| Filing 143 DECLARATION of Jennifer R. Scullion in Support re: #129 MOTION for Preliminary Injunction .. Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit s A-B, #2 Exhibit s C-E)(Scullion, Jennifer) |
| Filing 142 REPLY MEMORANDUM OF LAW in Support re: #129 MOTION for Preliminary Injunction . . Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 141 DECLARATION of Carmine D. Boccuzzi, dated August 29, 2014, with Exhibits in Opposition re: #129 MOTION for Preliminary Injunction .. Document filed by Republic of Argentina. (Attachments: #1 Exhibit I-K)(Boccuzzi, Carmine) |
| Filing 140 MEMORANDUM OF LAW in Opposition re: #129 MOTION for Preliminary Injunction . , dated August 29, 2014. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 139 MEMORANDUM OF LAW in Support re: #129 MOTION for Preliminary Injunction . Supplement to Memorandum of Law In Support of Class Plaintiffs' Motion for Preliminary Injunction. Document filed by Cesar Raul Castro. (Attachments: #1 Affidavit A, #2 Appendix B)(Scullion, Jennifer) |
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Filing 138
ORDER: The court directs the Clerk's Office to designate all of the above-captioned actions as ECF cases. Barring issues related to confidential, privileged, or otherwise sensitive information, parties are directed to file all documents electronically and send a courtesy copy to the court. (Signed by Judge Thomas P. Griesa on 8/19/2014) (kgo)
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| Case Designated ECF. (kgo) |
| First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 14-2112-cv, Certified Supplemental Indexed record on Appeal Electronic Files for #137 Order, were transmitted to the U.S. Court of Appeals. (nd) |
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Filing 137
ORDER: IT IS HEREBY: ORDERED, that the Republic's Memorandum of Law in Opposition to Plaintiffs' Motion to Modify the Class Definition and the Declaration of Carmine D. Boccuzzi in support thereof be added to the docket in each of the above-captioned cases. SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/15/2014) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-2, #4 Exhibit B-3)(ama)
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Filing 136
ORDER. On July 24, 2014, plaintiffs filed a motion for a preliminary injunction, seeking essentially the same relief granted to plaintiffs in NML Capital, Ltd., et al. v. The Republic of Argentina, No. 08-cv-6978, and related cases. By letter dated August 5, 2014, the Republic asked the court to defer briefing on plaintiffs' motion or grant the Republic an extension to file its opposition. The court will defer briefing on plaintiffs' motion according to the following schedule: The Republic's opposition shall be filed no later than August 29, 2014. Plaintiffs' reply shall be filed no later than September 12, 2014. So ordered. (Responses due by 8/29/2014. Replies due by 9/12/2014.) (Signed by Judge Thomas P. Griesa on 8/15/2014) (rjm)
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| Filing 135 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 8/6/2014 re: Response to Mr. Blackman's letter. Document filed by Cesar Raul Castro. (Attachments: #1 Appendix A - C)(Scullion, Jennifer) |
| Filing 134 NOTICE OF APPEARANCE by Carlos F. Gonzalez on behalf of Cesar Raul Castro. (Gonzalez, Carlos) |
| Filing 133 NOTICE OF APPEARANCE by Michael Diaz, Jr on behalf of Cesar Raul Castro. (Diaz, Michael) |
| Filing 132 NOTICE OF APPEARANCE by Michael Diaz, Jr on behalf of Cesar Raul Castro. (Diaz, Michael) |
| Filing 131 CERTIFICATE OF SERVICE of Notice of Motion for Preliminary Injunction and Supporting Papers served on Carmine Boccuzzi-Attorney for Defendant on 7/24/14. Service was accepted by ECF and Hand Delivery. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 130 MEMORANDUM OF LAW in Support re: #129 MOTION for Preliminary Injunction . Memorandum of Law in Support of Class Plaintiffs' Motion for Preliminary Injunction. Document filed by Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 129 MOTION for Preliminary Injunction . Document filed by Cesar Raul Castro. (Attachments: #1 Exhibit A)(Scullion, Jennifer) |
| Filing 128 NOTICE OF APPEARANCE by Michael Todd Mobley on behalf of Cesar Raul Castro. (Mobley, Michael) |
| Filing 127 NOTICE OF APPEARANCE by Jennifer R. Scullion on behalf of Cesar Raul Castro. (Scullion, Jennifer) |
| Filing 126 LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 7/23/2014 re: Settlement Negotiations. Document filed by Cesar Raul Castro.(Scullion, Jennifer) |
| Appeal Record Sent to USCA (Electronic File).USCA Case Number 14-2112-cv, Certified Indexed record on Appeal Electronic Files ONLY for #124 USCA Order - granting leave to appeal the District Court's order granting class certification were transmitted to the U.S. Court of Appeals. (nd) (nd) |
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Filing 125
ENDORSED LETTER addressed to Judge Thomas P. Griesa from William H. Weisman dated 6/24/2014 re: Counsel requests to be terminated as an attorney of record for Plaintiff in the above-referenced matter. ENDORSEMENT: So ordered. Attorney William Henry Weisman terminated. (Signed by Judge Thomas P. Griesa on 6/30/2014) (tn)
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| USCA Appeal Fees received $ 505.00 receipt number 465401098436 on 6/20/2014 re: Rule 23f Appeal. USCA Case No. 14-2112-cv. (tp) |
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Filing 124
ORDER of USCA (Certified Copy) USCA Case Number 14-1449. Petitioner moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's orders granting class certification. Upon due consideration, it is hereby ORDERED that the petitions are GRANTED. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). The appeals will be heard in tandem. The Petitioner is directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/19/2014. (nd) Modified on 6/19/2014 (nd). [New USCA Case No. 14-2112-cv].
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| Appeal Fee Due: re: FRCP 23(f) granting leave to appeal the District Court's order granting class certification. $505.00 Appeal filing fee due. (nd) |
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Filing 123
ORDER GRANTING MOTION TO MODIFY CLASS DEFINITION AND CERTIFYING MODIFIED CLASS: granting 116 Motion to Modify Class Definitions. IT IS HEREBY ORDERED THAT: 1. The Court finds: There is good and sufficient cause to modify the existing class definition to encompass the Holder Class; modification of the class definition will serve the interests of justice and will not prejudice Argentina or any holder; the Holder Class satisfies the requirements of Rule 23 (including numerosity, commonality, typicality, and fair and adequate representation) and is ascertainable by reference to objective criteria; and the requirements of FED. R. CIV. P. 23(b)(3) and 23(c)(2)(B) will be satisfied, and Due Process rights of actual and potential Holder Class members will be protected, by notice and opt out procedures. 2. The Court therefore GRANTS Plaintiff's motion to modify the class definition to encompass, as modified, "all holders of Republic of Argentina 9.75% Global Notes due September 19, 2027 (CUSIP/ISIN # US040114AV28)," a "holder" being an owner of a beneficial interest in said bonds. Excluded from the Holder Class are all holders to the extent that their holdings (x) are the subject of a separately pending lawsuit or claim in arbitration to collect on such holdings or (y) have been exchanged for new bonds or otherwise extinguished. Holders that timely opt out pursuant to the attached procedures also will be excluded from the Holder Class. 3. The Court hereby appoints Proskauer Rose LLP, Diaz Reus & Targ LLP, and Saul Roffe as co-Class Counsel for the Holder Class. (Signed by Judge Thomas P. Griesa on 4/24/2014) (lmb)
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| Filing 122 REPLY DECLARATION of Jennifer R. Scullion in Support re: 116 MOTION. Document filed by Cesar Raul Castro. (ft) |
| Filing 121 REPLY MEMORANDUM OF LAW in Support re: 116 MOTION. Document filed by Cesar Raul Castro. (ft) |
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Filing 120
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jeniphr Breckenridge dated 11/15/2013 re: Counsel for Brecher Plaintiffs requests that Your Honor so-order the modified briefing schedule by endorsement of this letter. ENDORSEMENT: Approved. Set Deadlines/Hearing as to (78 in 1:06-cv-15297-TPG) MOTION Modify Class Definition: Replies due by 11/22/2013. (Signed by Judge Thomas P. Griesa on 11/19/2013) ***Filed in 06cv15297, 04cv5068, 04cv400, 04cv401, 04cv506, 04cv936, 04cv937, 04cv1085, 04cv2117, and 04cv2118(tn) Modified on 11/25/2013 (tn).
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| Filing 119 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 11/06/2013 re: The parties have agreed to extend the Plaintiffs' deadline to file reply papers in further support of their motions to modify the class definitions from November 15, 2013 to November 22, 2013. ENDORSEMENT: Approved., ( Replies due by 11/22/2013.) (Signed by Judge Thomas P. Griesa on 11/08/2013) (ama) |
| Filing 118 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 10/15/2013 re: We represent defendant the Republic of Argentina (the "Republic") in the above captioned actions. The parties have agreed to extend, from October 18, 2013, to October 25, 2013, the deadline for the Republic to file opposition papers to plaintiffs' motions to modify the class definition. Pursuant to this agreement, the deadline for plaintiffs to file reply papers would be extended from November 1, 2013, to November 15, 2013. ENDORSEMENT: Approved. ( Responses due by 10/25/2013, Replies due by 11/15/2013.) (Signed by Judge Thomas P. Griesa on 10/16/2013) (ama) |
| Filing 117 MEMORANDUM OF LAW in Support re: 116 NOTICE OF RULE 23(c)(1)(C) MOTION to Modify Class Definitions. Document filed by Cesar Raul Castro. (lmb) |
| Filing 116 NOTICE OF RULE 23(c)(1)(C) MOTION to Modify Class Definitions. Document filed by Cesar Raul Castro.(lmb) |
| Filing 115 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jennifer R. Scullion dated 8/21/2013 re: The parties jointly propose the following schedule: Plaintiff's Motion: September 12, 2013; Defendant's Opposition: October 18, 2013; Plaintiff's Reply: November 1, 2013. ENDORSEMENT: Approved., ( Motions due by 9/12/2013., Responses due by 10/18/2013., Replies due by 11/1/2013.) (Signed by Judge Thomas P. Griesa on 8/22/2013) (lmb) |
| Filing 114 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jason A. Zweig dated 11/21/2012 re: Class counsel in the cases and counsel for Argentina have conferred and jointly propose the following schedule for discovery and hearing on the issues identified for remand: February 15, 2013 - Fact Discovery Completed; March 15, 2013 - Parties Exchange Expert Reports; April 5, 2013 - Parties Exchange Rebuttal Reports (if necessary); April 26, 2013 - Expert Depositions Completed. ENDORSEMENT: Approved. (Deposition due by 4/26/2013, Fact Discovery due by 2/15/2013.) (Signed by Judge Thomas P. Griesa on 11/26/2012) (djc) |
| Filing 113 MANDATE of USCA (Certified Copy) as to #111 Notice of Appeal, filed by Republic of Argentina USCA Case Number 11-3321. Ordered, Adjudged and Decreed that the judgments of the District Court are AFFIRMED in part, VACATED in part, and the case is REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/07/2012. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #113 USCA Mandate,. (nd) |
| Filing 112 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #111 Notice of Appeal, filed by Republic of Argentina USCA Case Number 11-3321, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). |
| USCA Case Number 11-3321 from the USCA 2nd Circuit assigned to #111 Notice of Appeal, filed by Republic of Argentina. (tp) |
| Filing 111 NOTICE OF APPEAL from #110 Judgment. Document filed by Republic of Argentina. Filing fee $ 455.00, receipt number 11465400150. Copies of Notice of Appeal mailed to Attorney(s) of Record: Diaz Reus; Stark & Stark LLP; Proskauer Rose LLP; Sirota & Sirota LLP. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #111 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #111 Notice of Appeal. (tp) |
| Mailed notice of Right to Appeal re: #110 Judgment, to Attorney(s) of Record: Andrea Boggio, Jennifer R. Scullion, William Henry Weisman, Margaret T. Perez, Saul Roffe, Michael Diaz, Jr, Carlos F. Gonzalez, Marta Colomar Garcia, Bertrand Charles Sellier, Alexander Reus, Guillermo Ariel Gleizer, Jonathan I. Blackman. (eef) |
| Filing 110 JUDGMENT #11,1415 in favor of Cesar Raul Castro against Republic of Argentina in the amount of $ 149,862,407.69. (Signed by Judge Thomas P. Griesa on 7/22/11) (Attachments: #1 Notice of Right to Appeal)(dt) |
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Filing 109
STIPULATION AND ORDER that without waiver of the Republic's positions on aggregate judgments and acceleration, all of which are expressly preserved for any appeal, the amounts of principal and interest for each Plaintiff Class is currently calculated as further set forth in this document and detailed in the chart attached hereto as Exhibit B. (Signed by Judge Thomas P. Griesa on 7/22/11) (cd)
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| Transmission to Docket Assistant Clerk. Transmitted re: #110 Judgment, to the Docket Assistant Clerk for case processing. (dt) |
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Filing 108
OPINION: The motion to vacate the May 24 orders is granted. This resolves the motions listed as document numbers 174 in case 04 Civ. 400; 97 in 04 Civ. 401; 93 in 04 Civ. 506; 95 in 04 Civ. 936; 94 in 04 Civ. 937, 04 Civ. 1085, and 04 Civ. 2117; and 84 in 04 Civ. 21 18. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/29/2011) (lnl)
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Filing 107
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Michael Diaz, Jr., Carlos F. Gonzalez, Margaret T. Perez, and Marta Colomar Garcia, counsel for defendants in the above captioned matters, have moved for permission to appear and participate pro hac vice in the above captioned matters pursuant to Local Rule 1.3(c). The motion is granted, and Mr. Diaz, Mr. Gonzalez, Ms. Perez, and Ms. Garcia may appear and participate in this matter upon payment of the necessary fee. SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/15/2010) (lnl)
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| NOTICE OF ERRATA TO PREVIOUSLY FILED OPT-OUT STATMENTS. Document filed by The individual persons and entities listed in Annex A. ***Original filed in case number 04-cv-400, document #201. (mro) |
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Filing 106
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)
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| Filing 105 SUPPLEMENTAL DECLARATION of Sara A. Sanchez. Document filed by Republic of Argentina. (mbe) |
| Filing 104 SUPPLEMENTAL MEMORANDUM OF LAW IN RESPONSE TO THE DECLARATION OF MICHAEL ADLER CONCERNING REVISED AGGREGATED CLASS JUDGMENT. Document filed by Republic of Argentina. (mbe) |
| REPLY DECLARATION of Jennifer Scullion in Support of Plaintiffs' Reply on their Order to Show Cause for entry of revised Class Judgments. Document filed by Plaintiff Classes. ***Exhibits attached hereto. (Received in the night deposit box on 10/13/10 at 10:47pm) ***Original document filed in case number 04-cv-400, document number 196. (mro) Modified on 10/18/2010 (mro). |
| REPLY MEMORANDUM OF LAW in Support of Entry of Revised Class Judgments. Document filed by Plaintiff Classes. (Received in the night deposit box on 10/13/10 at 10:47pm). ***Original Document filed in case number 04-cv-400, document number 195. (mro) |
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Filing 103
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine Boccuzzi dated 10/12/10 re: Briefing schedule for further briefing the order to show cause as follows. ENDORSEMENT: So Ordered. (Plaintiff Reply due by 10/13/2010. The Republic may make a supplemental filing addressing the opinions of plaintiffs' expert Prof. Michael Adler by Monday, 10/18 at noon. Hearing set for Tuesday, 10/19/2010 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/12/10) (cd)
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| Filing 102 CERTIFICATE OF SERVICE of the Memorandum of Law of the Republic of Argentina in Opposition to Entry of Revised Aggregate Class Judgments served on Michael Diaz, Jr., and Jennifer Scullion on 10/6/2010. Service was made by Federal Express.. Document filed by Republic of Argentina. (mbe) |
| Filing 101 DECLARATION of Sara A. Sanchez. Document filed by Republic of Argentina. (mbe) |
| Filing 100 MEMORANDUM OF LAW in Opposition to Entry of Revised Aggregate Class Judgments. Document filed by Republic of Argentina. (mbe) |
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Filing 99
ORDER: Plaintiffs request that the court compel the Republic to respond to interrogatories and document requests dated September 29, 2010. Plaintiffs seek to determine whether it is the Republic's present intention to issue new bonds in the next twelve months, and, if so, plaintiffs seek further information. The Republic opposes the request in its entirety. Plaintiffs' request is denied. (Signed by Judge Thomas P. Griesa on 10/4/10) (db)
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| DECLARATION of Michael Adler. Document filed by Cesar Raul Castro. ***Original document filed in case number 04-cv-400, document # 185.(mro) |
| DECLARATION of Jennifer Scullion. Document filed by Cesar Raul Castro. ***Original document filed in case number 04-cv-400, document # 187. (mro) |
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Filing 98
ORDER: The court hereby withdraws Footnote 1 of the July 23,2010 opinion in Aurelius Capital Partners, LP v. Republic of Argentina, 07 Civ. 2715 (TPG), and notes that the Seijas plaintiffs have not formally abandoned whatever rights they have in connection with this claim. (Signed by Judge Thomas P. Griesa on 8/23/2010) (jpo)
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| Filing 97 RESPONSE by the Republic of Argentina to plaintiffs' Motion to Clarify. Document filed by Republic of Argentina. (mro) |
| MOTION for an Order to Clarify its July 23, 2010 Opinion in Aurelius Capital Partners, L.P. v. The Republic of Argentina, 07-cv-2715(TPG). Document filed by Cesar Raul Castro. ***Original document filed in case number 04-cv-400, document number 180.(mro) Modified on 8/6/2010 (mro). |
| MEMORANDUM OF LAW in Support re: MOTION for an Order to Clarify its July 23, 2010 Opinion in Aurelius Capital Partners, L.P. v. The Republic of Argentina, 07-cv-2715(TPG). ***Original document filed in case number 04-cv-400, document number 181. Document filed by Cesar Raul Castro. (mro) Modified on 8/6/2010 (mro). |
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Filing 96
STIPULATION 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 7/1/10) (pl)
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| Filing 95 MANDATE of USCA (Certified Copy) as to (65 in 1:04-cv-02117-TPG) Notice of Appeal, filed by The Republic of Argentina, (126 in 1:04-cv-00400-TPG) Notice of Appeal, filed by The Republic of Argentina, (66 in 1:04-cv-00936-TPG) Notice of Appeal, filed by The Republic of Argentina, (65 in 1:04-cv-00506-TPG) Notice of Appeal, filed by Republic of Argentina, (66 in 1:04-cv-00401-TPG) Notice of Appeal, filed by The Republic of Argentina, (65 in 1:04-cv-01085-TPG) Notice of Appeal, filed by The Republic of Argentina, (65 in 1:04-cv-00937-TPG) Notice of Appeal, filed by The Republic of Argentina, (55 in 1:04-cv-02118-TPG) Notice of Appeal, filed by The Republic of Argentina USCA Case Number 09-0332-cv(L). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in part, REMANDED in part in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/17/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: (176 in 1:04-cv-00400-TPG, 96 in 1:04-cv-00937-TPG, 99 in 1:04-cv-00401-TPG, 96 in 1:04-cv-01085-TPG, 97 in 1:04-cv-00936-TPG, 86 in 1:04-cv-02118-TPG, 95 in 1:04-cv-00506-TPG, 96 in 1:04-cv-02117-TPG) USCA Mandate,,,. (nd) |
| Filing 94 MEMORANDUM OF LAW in Support re: 93 MOTION to Vacate Ex Parte restraining notices and writ of execution. Document filed by Republic of Argentina. (Received in the night deposit box on 6/7/10 at 6:07pm)(mro) |
| Filing 93 MOTION to Vacate Ex Parte restraining notices and writ of execution. Document filed by Republic of Argentina. ***Declaration of Rahul Mukhi and exhibits attached hereto. (Received in the night deposit box on 6/7/10 at 6:07pm)(mro) |
| Filing 92 NOTICE OF APPEARANCE by Jennifer R. Scullion on behalf of Cesar Raul Castro (mro) |
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Filing 91
ORDER: The U.S. Marshals Service is directed to defer taking actual possession of or levying upon any property pursuant to the Orders until further order of this Court; ORDERED, the Blanket Orders are immediately vacated for the reasons stated in the Republic's May 25, 2010 letter; ORDERED, as provided for under the OSC, objections or responses to the BNA Orders and HSBC Orders shall be filed on or before June 2, 2010 at 12:00 p.m., or at such other time set by the Court. (Signed by Judge Thomas P. Griesa on 5/27/2010) (jpo)
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| Filing 90 RESTRAINING NOTICE TO GARNISHEE: (Re: Banco de la Nacion Argentina) The amount of $2,243,075,681.00 remains due and unpaid, and WHEREAS it appears that you owe a debt to the judgment debtor Argentina or are in possession or in custody of property in which the judgment debtor Argentina has an interest, to with funds held by you in an account for, or for the benefit of, the judgment debtor, Argentina, TAKE NOTICE that pursuant to Rule 69(a) of the Federal Rules of Civil Procedure and subdivision (b) of Section 5222 of the New York Civil Practice Law and Rules applicable thereunder and as set forth in full below, you are hereby forbidden to make or suffer any sale, assignment, or transfer of or interference with, any such property or pay over or otherwise dispose of any such debt except as therein provided, as set forth in this Restraining Notice To Garnishee. Take further notice that disobedience of this Restraining Notice is punishable as contempt of Court. (Signed by Judge Thomas P. Griesa on 5/24/2010) (jpo) |
| Filing 89 RESTRAINING NOTICE TO GARNISHEE: The amount of $2,243,075,681.00 remains due and unpaid, and WHEREAS it appears that you owe a debt to the judgment debtor Argentina or are in possession or in custody of property in which the judgment debtor Argentina has an interest, to with funds held by you in an account for, or for the benefit of, the judgment debtor, Argentina, TAKE NOTICE that pursuant to Rule 69(a) of the Federal Rules of Civil Procedure and subdivision (b) of Section 5222 of the New York Civil Practice Law and Rules applicable thereunder and as set forth in full below, you are hereby forbidden to make or suffer any sale, assignment, or transfer of or interference with, any such property or pay over or otherwise dispose of any such debt except as therein provided, as set forth in this Restraining Notice To Garnishee. Take further notice that disobedience of this Restraining Notice is punishable as contempt of Court. (Signed by Judge Thomas P. Griesa on 5/24/2010) (jpo) |
| Set Deadlines/Hearings: Responses due by 6/2/2010 (jpo) |
| Filing 88 RESTRAINING NOTICE TO GARNISHEE. To: Banco de la Nacion Argentina 225 Park Avenue, New York, New York 10017. This notice also covers all property wherever located in the U.S. in which the judgment debtor Argentina has an interest hereafter coming into your possession or custody and all debts hereafter coming due from you to the judgment debtor Argentina pursuant to NEW YORK CIVIL PRACTICE LAW AND RULES SECTION 5222(b). Disobedience of this Restraining Notice is punishable as contempt of court. Relates to 04-400, 04-401, 04-506, 04-936, 04-937, 04-1085, 04-2117, 04-2118. (Signed by Judge Thomas P. Griesa on 5/24/10) (rjm) |
| Filing 87 RESTRAINING NOTICE TO GARNISHEE. To: HSBC Bank 550 Fashion Avenue, New York, New York 10018. This notice also covers all property wherever located in the U.S. in which the judgment debtor Argentina has an interest hereafter coming into your possession or custody and all debts hereafter coming due from you to the judgment debtor Argentina pursuant to NEW YORK CIVIL PRACTICE LAW AND RULES SECTION 5222(b). Disobedience of this Restraining Notice is punishable as contempt of court. Relates to 04-400, 04-401, 04-506, 04-936, 04-937, 04-1085, 04-2117, 04-2118. (Signed by Judge Thomas P. Griesa on 5/24/10) (rjm) |
| Filing 86 RESTRAINING NOTICE TO GARNISHEE. This notice also covers all property wherever located in the U.S. in which the judgment debtor Argentina has an interest hereafter coming into your possession or custody and all debts hereafter coming due from you to the judgment debtor Argentina pursuant to NEW YORK CIVIL PRACTICE LAW AND RULES SECTION 5222(b). Disobedience of this Restraining Notice is punishable as contempt of court. Relates to 04-400, 04-401, 04-506, 04-936, 04-937, 04-1085, 04-2117, 04-2118. (Signed by Judge Thomas P. Griesa on 5/24/10) (rjm) |
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Filing 85
WRIT OF EXECUTION AND ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED, that a Writ of Execution is hereby issued; pursuant to this Writ of Execution, Rule 69(a) of the Federal Rules of Civil Procedure and -as applicable- FSIA, 28 U.S.C. 1610, Plaintiffs are authorized to execute upon certain property of Argentina as previously authorized by further Order of this court within this jurisdiction in satisfaction of the outstanding final judgments, amounting, to date in total to the sum of $2,243,075,681.00 until full payment and as further set forth in this order. Defendant The Republic of Argentina shall show cause as to why an order of execution pursuant to Rule 69 (a) of the Federal Rules of Civil Procedure and CPLR 5230 shall not issue to the Sheriff of New York County or the United States Marshal directing him to satisfy the Judgments out of the Funds held by or for the benefit of Argentina in the Accounts maintained by BNA.(Show Cause Hearing set for 6/3/2010 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa., Show Cause Response due by 6/2/2010.). Relates to 04-400, 04-401, 04-506, 04-936, 04-937, 04-1085, 04-2117, 04-2118. (Signed by Judge Thomas P. Griesa on 5/24/10) (rjm)
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| Set Deadlines/Hearings: Show Cause Response due by 6/2/2010. Show Cause Hearing set for 6/3/2010 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (rjm) |
| MEMORANDUM OF LAW in Support of Order to Show Cause. Document filed by Cesar Raul Castro. ***Original filed in case number 04-cv-400, document #158. (mro) |
| CERTIFICATE OF SERVICE of Writ of Execution and Order to Show Cause, Memorandum of Law, Declaration with Exhibits and Retraining Notice to Garnishee served on Jonathan I. Blackman, Carmine D. Boccuzzi, Christopher P. Moore (attorneys for defendants the Republic of Argentina) on 5/24/10. Service was made by U.S. Mail and Email. ***Original filed in case number 04-cv-400, document number 159. (mro) |
| CERTIFICATE OF SERVICE of Writ of Execution and Order to Show Cause, Memorandum of Law, Declaration with Exhibits and Retraining Notice to Garnishee served on Banco Nacion Argentina on 5/24/10. Service was made by U.S. Mail. ***Original filed in case number 04-cv-400, document number 160.(mro) |
| CERTIFICATE OF SERVICE of Writ of Execution and Order to Show Cause, Memorandum of Law, Declaration with Exhibits and Retraining Notice to Garnishee served on HSBC on 5/24/10. Service was made by U.S. Mail. ***Original filed in case number 04-cv-400, document number 161. (mro) |
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Filing 84
ORDER: In light of the above circumstances, which "reaffirm Plaintiffs' concerns that they may receive nothing in return under the proposed Exchange Offer," plaintiffs request that the court "require Argentina to maintain in escrow all relevant incoming bonds (whether old or new) and cash, if any." After consideration of the circumstances outlined above, plaintiffs' motion is denied. (Signed by Judge Thomas P. Griesa on 5/20/2010) (jpo)
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| Filing 83 NOTICE OF APPEARANCE by Guillermo Ariel Gleizer on behalf of Cesar Raul Castro (mro) |
| CASHIERS OFFICE REMARK on #81 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/03/2010, Receipt Number 902378. (jd) |
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Filing 82
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Guillermo Gleizer dated 5/3/2010 re: Class Members-Judgment Creditors request to be treated "the same" and not worse than every other recipient of the Exchange Offer. ENDORSEMENT: Denied. So ordered. (Signed by Judge Lawrence M. McKenna, Part I, on 5/10/2010) (tve)
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| Filing 81 MOTION for Marta Colomar Garcia to Appear Pro Hac Vice. Document filed by Cesar Raul Castro.(mro) |
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Filing 80
STIPULATION AND ORDER OF SUBSTITUTION OF PLAINTIFFS' CO-LEAD COUNSEL that Diaz, Reus & Targ, LLP be and hereby is substituted as attorney of record and Co-Lead Counsel for the Lead Plaintiffs and Class Representatives in the above-captioned matters, in place and stead of the Law Offices of Guillermo A. Gleizer, as of the date hereof. (Signed by Judge Thomas P. Griesa on 4/29/10) (cd)
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Filing 79
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)
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| CASHIERS OFFICE REMARK on #78 Motion to Appear Pro Hac Vice, #77 Motion to Appear Pro Hac Vice, #76 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 04/27/2010, Receipt Number 901683. (jd) |
| Filing 78 MOTION for Carlos F. Gonzalez to Appear Pro Hac Vice. Document filed by Cesar Raul Castro.(mro) |
| Filing 77 MOTION for Margaret T. Perez to Appear Pro Hac Vice. Document filed by Cesar Raul Castro.(mro) |
| Filing 76 MOTION for Michael Diaz, Jr. to Appear Pro Hac Vice. Document filed by Cesar Raul Castro.(mro) |
| Filing 75 OPINION: The motions before the court in the 10 captioned cases are denied. (Signed by Judge Thomas P. Griesa on 4/26/2010) (tro) |
| NOTICE OF APPEARANCE by Alexander Reus on behalf of Cesar Raul Castro. ***Original filed in case number 04-cv-400, document #146. (mro) |
| DECLARATION of Guillermo Gleizer in Support of Plaintiff's Motion for a Temporary Injunctive Relief against Defendant Republic of Argentina. Document filed by Cesar Raul Castro. ***Original filed in case number 04-cv-400, document #144. (mro) |
| DECLARATION of Guillermo Gleizer (with exhibits attached hereto)in Support of Plaintiff's Motion for a Temporary Injunctive Relief against Defendant Republic of Argentina. Document filed by Cesar Raul Castro. ***Original filed in case number 04-cv-400, document #145.(mro) |
| MEMORANDUM OF LAW in Support of Plaintiff's Motion for a Temporary Restraining Order, A Preliminary Injunction and Expedited Discovery. Document filed by Cesar Raul Castro. ***Original filed in case number 04-cv-400, document #143. (mro) Modified on 4/15/2010 (mro). |
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Filing 74
ORDER TO SHOW CAUSE: The Republic of Argentina shall show cause as to why this Court should not enter an Order temporarily restraining and enjoining Defendant Republic of Argentina, its servants, employees, agents, representatives and any person acting in concert with them. Show Cause Hearing set for 4/15/2010 at 04:30 PM before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 4/14/2010) (jfe)
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| Filing 73 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 60 Notice of Appeal, filed by Republic of Argentina USCA Case Number 08-2848-cv. The undersigned counsel for plaintiffs-appellees and Defendants-Appellants the Republic of Argentina (the "Republic") and the Province of Buenos Aires (the "Province") hereby stipulate that the above-captioned appeals (the "Deactivated Appeals") are hereby withdrawn from active consideration from the Court pending the resolution of the following five consolidated appeals: Seijas v. Republic of Argentina, 08-2847-cv, Aurelius Captial Partners LP v. Republic of Argentina, 08-2864-cv, Catto v. Republic of Argentina, 08-2922-cv, Macrotecnic Int`l Corp. v. Republic of Argentina, 08-2926-cv, and Mazzini v. Republic of Argentina, 08-2943-cv (collectively, the "Consolidated Appeals"). The parties agree that the Courts resolution of the Consolidated Appeals shall resolve the deactivated appeals; provided however that the Republic and Province shall have the right to reactivate its appeal within 60 days of the Courts decision in the Consolidated Appeals in the event that plaintiff in the Deactivated Appeals does not have a judgment and the Courts order in the Consolidated Appeals does not determine the applicability here of Grupo Mexicano de Dessarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S 308 (1999). Withdrawal if the Deactivated Appeals from active consideration shall not operate as dismissal of the appeals under Federal Rule of Appellate Procedure 42(b). SO ORDERED: On the understanding that the reactivation contemplated by this stipulation will be accomplished by notice to the Clerk of this Court, and, upon such notice, the Clerk will offer the appeal to the panel adjudicating the Consolidated Appeals, which may either accept the appeal (with or without oral argument) or direct scheduling of the appeal before a subsequent panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 2/2/2010. (nd) |
| Filing 72 TRUE COPY ORDER of USCA as to 60 Notice of Appeal, filed by Republic of Argentina USCA Case Number 08-2848-cv. The undersigned counsel for plaintiffs-appellees and Defendants-Appellants the Republic of Argentina (the "Republic") and the Province of Buenos Aires (the "Province") hereby stipulate that the above-captioned appeals (the "Deactivated Appeals") are hereby withdrawn from active consideration from the Court pending the resolution of the following five consolidated appeals: Seijas v. Republic of Argentina, 08-2847-cv, Aurelius Captial Partners LP v. Republic of Argentina, 08-2864-cv, Catto v. Republic of Argentina, 08-2922-cv, Macrotecnic Int`l Corp. v. Republic of Argentina, 08-2926-cv, and Mazzini v. Republic of Argentina, 08-2943-cv (collectively, the "Consolidated Appeals"). The parties agree that the Courts resolution of the Consolidated Appeals shall resolve the deactivated appeals; provided however that the Republic and Province shall have the right to reactivate its appeal within 60 days of the Courts decision in the Consolidated Appeals in the event that plaintiff in the Deactivated Appeals does not have a judgment and the Courts order in the Consolidated Appeals does not determine the applicability here of Grupo Mexicano de Dessarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S 308 (1999). Withdrawal if the Deactivated Appeals from active consideration shall not operate as dismissal of the appeals under Federal Rule of Appellate Procedure 42(b). SO ORDERED: On the understanding that the reactivation contemplated by this stipulation will be accomplished by notice to the Clerk of this Court, and, upon such notice, the Clerk will offer the appeal to the panel adjudicating the Consolidated Appeals, which may either accept the appeal (with or without oral argument) or direct scheduling of the appeal before a subsequent panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/12/2009. (nd) |
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Filing 71
ORDER: The motion to compel the Republic to turn over all property held in the United States by Aerolineas Argentinas is denied. In light of the above discussion, the court need not reach the Republic's additional contention that the motion is procedurally flawed because plaintiffs failed to commence a separate turnover proceeding. For the reasons stated above, plaintiffs' motion is denied. (Signed by Judge Thomas P. Griesa on 8/19/2009) (jpo)
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Filing 70
STIPULATION AND ORDER; Plaintiffs' reply papers in further support of plaintiffs' motion to turn over property, dated July 13, 2009 (the "Motion"), previously due on August 3, 2009, shall now be due on August 7, 2009. SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/6/2009) (tve)
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| Set/Reset Deadlines: Replies due by 8/7/2009. (tve) |
| Filing 69 MEMORANDUM OF LAW in Opposition to plaintiff's motion to turn over property. Document filed by Republic of Argentina. (mbe) |
| Filing 68 DECLARATION of Amy Chung in Opposition to plaintiff's motion to turn over property. Document filed by Republic of Argentina. (mbe) |
| Received returned mail re: #65 Notice of Appeal. Mail was addressed to Saul Roffe, Esq. of Sirota & Sirota LLP. at 110 Wall Street, 21st Floor, New York, NY 10005 and was returned for the following reason(s): FORWARD TIME EXP RTN TO SEND. Forwarded Return Document to Sirota & Sirota LLP, 125 Beach 128th St., Rockaway Park NY 11694-1604. (tp) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #66 Protective Order, #46 Order to Show Cause, filed by Cesar Raul Castro, #58 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #65 Notice of Appeal, filed by Republic of Argentina, #64 Order, #37 Request for Exclusion from Class filed by Andrarex, Ltd., #67 Appeal Record Sent to USCA - Index, #45 Order to Show Cause, filed by Cesar Raul Castro, #33 Notice of Change of Address filed by Cesar Raul Castro, #63 Judgment, #40 Notice (Other), Notice (Other) filed by The individual persons and entities listed in Annex A, #39 Notice of Change of Address filed by Andrarex, Ltd., Cesar Raul Castro, #62 Order, Terminate Motions, USCA Case Number 09-0375-cv, were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 67 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #65 Notice of Appeal, filed by Republic of Argentina USCA Case Number 09-0375-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). |
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Filing 66
STIPULATION 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 1/29/2009) (jfe)
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| Transmission of Notice of Appeal to the District Judge re: #65 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #65 Notice of Appeal. (tp) |
| Filing 65 NOTICE OF APPEAL from #63 Judgment. Document filed by Republic of Argentina. Filing fee $ 455.00, receipt number E 676192. Copies mailed to attorney(s) of record: Proskauer Rose LLP; Sirota & Sirota LLP; Lovell Stewat Halebian LLP; and Guillermo A. Gleizer. (tp) |
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Filing 64
ORDER AFFIRMING DESIGNATION OF PORTIONS OF LOPEZ ISNARDI AS "CONFIDENTIAL" It is hereby ordered that plaintiffs and plaintiffs' counsel may not publicly disclose, directly or indirectly, any of the Confidential Testimony, and shall not only use such Confidential Testimony for purposes of prosecuting the above captioned litigation. (Signed by Judge Thomas P. Griesa on 1/16/09) (mme)
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| Filing 63 JUDGMENT #09,0016 in favor of Cesar Raul Castro against Republic of Argentina in the amount of $ 242,077,820.00. (Signed by Judge Thomas P. Griesa on 01/08/2009) (Attachments: #1 Notice of Right to Appeal)(dt) |
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Filing 62
ORDER: For the reasons stated on the record at the hearing on November 12, 2008 the motions for summary judgment in these cases are granted. The Clerk of the Court is directed to close these cases and terminate the following motions set forth within. (Signed by Judge Thomas P. Griesa on 1/8/2009) (jfe)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #62 Order, Terminate Motions,,, to the Judgments and Orders Clerk. (jfe) |
| Filing 61 NOTICE OF ERRATA TO PREVIOUSLY FILED OPT-OUT STATEMENTS. Document filed by The individual persons and entities listed in Annex A. (db) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 60 Notice of Appeal,. (tp) |
| Transmission of Notice of Appeal to the District Judge re: 60 Notice of Appeal,. (tp) |
| Filing 60 NOTICE OF APPEAL from #45 Order to Show Cause. Document filed by Republic of Argentina. Filing fee $ 455.00, receipt number E 653373. Copies mailed to attorney(s) of record: Howard B. Sirota; Proskauer Rose LLP; Guillermo A. Gleizer; and Imtiaz A. Siddiqui. (tp) |
| ***DELETED DOCUMENT. Deleted document number 59 Stipulation and order. The document was incorrectly filed in this case. (mme) |
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Filing 58
STIPULATION AND ORDER: Plaintiffs' reply papers in further support of plaintiffs' motion for summary judgment, dated 4/16/08, previously due on 5/27/08, shall now be due on 6/3/08. (Signed by Judge Thomas P. Griesa on 6/3/08) (tro)
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| Filing 57 NOTICE of Errata To Previously Filed Opt-Out Statements. Document filed by The individual persons and entities listed in Annex A. (dle) |
| Filing 56 SUR-REPLY MEMORANDUM OF LAW in Opposition to Plaintiff's motion for Preliminary Injunction. Document filed by Republic of Argentina. (pl) |
| Filing 55 DECLARATION of Severo Rizzo. Document filed by Republic of Argentina. (pl) |
| Filing 54 MEMORANDUM OF LAW in Opposition re: 41 MOTION for Summary Judgment. Document filed by Republic of Argentina. (docmt received in night dep. on 5/12/08 at 6:00 p.m.) (djc) |
| Filing 53 DECLARATION of Amy Chung in Opposition re: 41 MOTION for Summary Judgment. Document filed by Republic of Argentina. (djc) |
| Filing 52 RESPONSE to Plaintiff's Local Rule 56.1 Statement. Document filed by Republic of Argentina. (djc) |
| Filing 51 CERTIFICATE OF SERVICE of Memorandum of Law of the Republic of Argentina in opposition to Plaintiffs' Motions for Summary Judgment, dated May 12, 2008, the Declaration of Amy Chung dated May 12, 2008 including Exhbits A-E and Response of the Republic of Argentina to Plaintiffs' Local Rule 56.1 Statement served on Bertrand Sellier of Proskauer Rose LLP; Howard B. Sirota, Esq., Imtiaz Siddiqui, Esq., of Lovell Stewart Halebian LLP and Guilleremo A. Gleizer, Esq. on 5/12/08. Service was accepted by hand. Document filed by The Republic of Argentina. Document filed by Republic of Argentina. (djc) |
| Filing 50 DECLARATION of Carlos Maria Tombeur. Document filed by Republic of Argentina. (jp) |
| Filing 49 DECLARATION of Christopher P. Moore in Support re: 47 Memorandum of Law in Opposition. Document filed by Republic of Argentina. (jmi) |
| Filing 48 DECLARATION of JoAnn D. Kamuf in Support re: 47 Memorandum of Law in Opposition. Document filed by Republic of Argentina. (jmi) |
| Filing 47 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Preliminary Injunction and Restraining Order. Document filed by Republic of Argentina. (jmi) |
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Filing 46
ORDER TO SHOW CAUSE filed by Cesar Raul Castro. The Republic of Argentina shall show cause as to why an order should not entered Preliminarily Restraining and Enjoining with respect to the Trust Bonds. Show Cause Response due by 4/29/2008. Show Cause Hearing set for 4/30/2008 at 10:30 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 4/28/08) (cd)
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| DECLARATION of Gleizer in support of plaintiffs' motion for pre-judgment relief concerning property located in Belgium and Germany belonging to Argentina. Document filed by Cesar Raul Castro. (orig. docmt dktd in case no. 04 cv 400, docmt #95) (djc) |
| CERTIFICATE OF SERVICE of order to show cause and supporting documents served on Cynthia Scott on 4/18/08. Service was accepted by Cynthia Scott by hand delivery. Document filed by Cesar Raul Castro. Original document filed in case #04cv400, document #101. |
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Filing 45
ORDER TO SHOW CAUSE: Defendants shall show cause on 4/30/2008 at 10:30 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa, as to why an order should not be made and entered, as set forth herein. Reply papers if any shall be served upon defendant's counsel at the time of the hearing. (Signed by Judge Thomas P. Griesa on 4/18/2008) (jpo)
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| DECLARATION of Guillermo A. Gleizer in Support of plaintiffs' motion for pre-judgment relief concerning property located in New York belonging to Argentina.(tro) Original document filed under civil case no. 04-cv-400, document #92. (tro) |
| MEMORANDUM OF LAW in Support of Plaintiffs' Order to Show Cause. Original document filed under case no. 04-cv-400, document # 93. (tro) |
| Filing 44 NOTICE OF CHANGE OF ADDRESS by Howard B. Sirota on behalf of Cesar Raul Castro. New Address: Howard Sirota, Attorney at Law, 260 Madison Avenue, New York, New York, 10016, (212) 425-9055. (dle) |
| Filing 43 RULE 56.1 STATEMENT. Document filed by Cesar Raul Castro. (dle) |
| Filing 42 MEMORANDUM OF LAW in Support re: 41 MOTION for Summary Judgment. Document filed by Cesar Raul Castro. (dle) |
| Filing 41 MOTION for an order granting summary judgment in favor of plaintiffs on all counts of the Complaint in the amount of $437,639,515, inclusive of accrued interest through 4/30/08, plus accrued interest thereafter at the statutory rate of 9%. Document filed by Cesar Raul Castro.(dle) |
| AFFIDAVIT of Saul Roffe. Document filed by Cesar Raul Castro. Original document filed in case #04cv400, document #87. (dle) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Owen Pell to MANUALLY RE-FILE Document NOTICE of Errata to Previously Filed Opt-Out Statements, Document No. 40. This case is not ECF. (db) |
| Filing 40 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE of Errata to Previously Filed Opt-Out Statements re: 32 Remark, 26 Remark. Document filed by The individual persons and entities listed in Annex A. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Pell, Owen) Modified on 3/3/2008 (db). |
| Filing 39 NOTICE OF CHANGE OF ADDRESS by Guillermo Ariel Gleizer on behalf of Andrarex, Ltd., Cesar Raul Castro. New Address: Guillermo A. Gleizer, 19 W 34th St. Suite 914, New York, NY, USA 10001, 9175390175. (Gleizer, Guillermo) |
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Filing 38
ORDER APPOINTING CO-LEAD COUNSEL: on 11/6/2006, plaintiffs filed a motion seeking an order appointing Proskauer Rose LLP co-lead counsel for the Plaintiffs. A conference was held on 9/14/2007, to address the motion. Proskauer Rose LLP is hereby appointed as co-lead counsel for the plaintiffs. (Signed by Judge Thomas P. Griesa on 9/27/07)(kco)
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| Minute Entry for proceedings held before Judge Thomas P. Griesa : Pretrial Conference held on 9/14/2007. (kco) |
| Filing 37 REQUEST FOR EXCLUSION FROM CLASS STATEMENT OF OPT-OUT FROM CERTIFIED CLASS ACTIONS. Document filed by Andrarex, Ltd..(Boggio, Andrea) |
| Filing 36 NOTICE of of ERRATA to Previously filed Opt-Out Statements. Certain individuals and entities listed in either (i) Annex A to the opt-out notice filed on September 12, 2006 or (ii) Annex A to the opt-out notice filed on December 19, 2006, should not have been listed in either Annex for purposes of the Sept. 12, 2006 or December 19, 2006 filings. The names listed in Exhibit A. attached hereto should not have appeared in either of the afore-mentioned Annexes. The individuals and entities listed in Exhibit A remain participants in the above captioned actions. (djc) |
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Filing 35
CONFIDENTIALITY STIPULATION AND ORDER. The term "Confidential Information" means and includes any material, document or information that a producing party reasonably and in good faith believes is proprietary, personal, sensative, private and/or otherwise confidential, including, but not limited to financial, business and/or customer information. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/16/2007) (jar)
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| Filing 34 AMENDMENT re: [27,31] NOTICE of ERRATA to Previously Filed Opt-Out Statement filed by Certain Individuals and entities listed in Annex A to the opt-out notice filed on 9/12/06. The following names should not have appeared in exhibit one to this notice: Anna Miccio, Antonio Gargiulo, Maria Gargiulo. (jmi, ) |
| Filing 33 NOTICE OF CHANGE OF ADDRESS by Guillermo Ariel Gleizer on behalf of all plaintiffs. New Address: Guillermo A. Gleizer, 6 Beechwood Court, East Hampton, NY, US 11937, 917-539-0175. (Gleizer, Guillermo) |
| Filing 32 Statement of Opt-Out from certified and putative class actions by counsel for the parties listed in Annexes A and B. (pl, ) |
| Filing 31 NOTICE of Errata To Previously Filed Opt-Out Statement by counsel for the parties listed in Annexes A to the Statement of Opt-Out from Certified and Putative Class Actions filed on 9/12/06. (pl, ) |
| MEMORANDUM OF LAW in Support re: MOTION. Document filed by Cesar Raul Castro. Original filed in case 04cv400 (TPG), doc # 73. (jco, ) |
| AFFIDAVIT of Bertrand C. Sellier in Support re: MOTION. Document filed by Cesar Raul Castro. Original filed in case 04cv400 (TPG), doc # 74. (jco, ) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: MOTION to appoint Proskauer Rose LLP as co lead counsel. Document filed by Republic of Argentina. (dle, ) |
| Filing 29 MEMORANDUM OF LAW in Opposition re: MOTION to appoint Proskauer Rose LLP. Document filed by Republic of Argentina. (dle, ) |
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Filing 28
STIPULATION AND ORDER: Defendant the Republic of Argentina by its attorneys, Clearly Gottlieb Steen & Hamilton LLP, and plaintiffs, by their attorneys, Sirota & Sirota LLP, Lovell Stewart Halebian LLP, and Guillermo A. Gleizer, hereby stipulate and agree as follows: The Republic shall have until December 1, 2006 to serve papers in response to plaintiffs' motion to appoint Proskauer Rose LLP as co-lead counsel (the motion). Plaintiffs shall have until December 8, 2006 to serve reply papers,if any, in further support of the motion. (Signed by Judge Thomas P. Griesa on 11/29/2006) (lb, )
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| MOTION to Appoint the law firm of Proskauer Rose LLP as co-lead counsel in these actions. Attached is affidavit in support of Bertrand Sellier. Document filed by Cesar Raul Castro. ( orig. docmt dktd in 04 cv 400, docmt #69) (djc, ). D (djc, ) |
| Filing 27 NOTICE of ERRATA to Previously Filed Opt-Out Statement filed by Certain Individuals and entities listed in Annex A to the opt-out notice filed on 9/12/06.(ae, ) |
| Filing 26 Statement of Opt-Out From Certified and Putative Class Actions, as per Annex A. (cd, ) |
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Filing 25
ORDER denying 18 Motion for Summary Judgment. . (Signed by Judge Thomas P. Griesa on 2/15/06) (dle, )
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Filing 24
ORDER denying as moot 16 Motion for Leave to File Document . (Signed by Judge Thomas P. Griesa on 1/13/06) (cd, )
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| Filing 23 DECLARATION of Amy Chung in Opposition re: 18 MOTION for Summary Judgment.. Document filed by Republic of Argentina. (dle, ) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: 18 MOTION for Summary Judgment.. Document filed by Republic of Argentina. (dle, ) |
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Filing 21
STIPULATION AND ORDER: The Republic will serve a consolidated response to the motions for summary judgment on or before 1/10/2006; Plaintiffs will serve a consolidated reply to the Republic's response to the motions for summary judgment, if any, on or before 1/27/2006. (Signed by Judge Thomas P. Griesa on 12/5/2005) (lb, )
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| AFFIDAVIT OF SERVICE of Order served on William Sweeney, Esq on 9/27/2005. Service was accepted by William Sweeney, Esq.Original filed under 04cv400 document #57. (jar, ) |
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ORDER Cede & Co. and Depository Trust Company appear in this Court at 500 Pearl Street, Courtroom 26B through their legal representatives on 9/28/05 at 4:30 p.m. to address the issues raised in the Conference before this Court on 9/13/05. Original filed in case 04cv400, doc #56 (Signed by Judge Thomas P. Griesa on 9/27/05) (jco, )
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| MEMORANDUM OF LAW in Opposition re: 16 MOTION for Leave to File.. Document filed by Cesar Raul Castro. (orig. document docketed in 04cv400 as document #55). (pl, ) |
| AFFIDAVIT of Saul Roffe in Opposition; re: 16 MOTION for Leave to File.. Document filed by Cesar Raul Castro. (orig. docketed in 04cv400 as document #54). (pl, ) |
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Filing 20
ORDER; granting Class Certification; the Court hereby appoints Sirota & Sirota LLP, the law Offices of Guillermo Gleizer and Lovell Steward Halebian LLP as co-lead counsel ("Class Counsel") in the prosecution of this action pursuant to Rule 23. (Signed by Judge Thomas P. Griesa on 8/5/05) (pl, )
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| Filing 19 MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment.. Document filed by Cesar Raul Castro. (jmi, ) |
| Filing 18 MOTION for Summary Judgment in this Action and for Such Other, Further or Different Relief as to this Court May Seem Just and Proper Plaintiff and Class Hereby Request Oral Argument. Document filed by Cesar Raul Castro. (jmi, ) |
| Filing 17 MEMORANDUM OF LAW of The Republic of Argentina in Support re: 16 MOTION for Leave to File.. Document filed by Republic of Argentina. (jmi, ) |
| Filing 16 NOTICE OF MOTION for Leave to Amend Pursuant to Rule 15(a) Defendant Leave to Amend the Answer, and for Such Other Relief as This Court Deems Just and Proper. Document filed by Republic of Argentina. (jmi, ) |
| MEMORANDUM OF LAW in Support re: 7 MOTION for an Order declaring this action to be a class action and for Sirota & Sirota LLP, Lovell Stewart Halbian, LLP and law firm of Guillermop Gleizer appointed Co-Lead Counsel in this action. Document filed by Cesar Raul Castro. Original entry in 04cv400 document number 41. (yv, ) |
| Filing 12 CERTIFICATE OF SERVICE of declaration of Christopher P. Moore served on Lovell Stewart Halebian, LLP, Saul Roffe and Guillermo Gleizer on 3/28/05. Service was made by hand delivery. Document filed by Republic of Argentina. (dle, ) |
| Filing 15 DECLARATION of Christopher P. Moore in Opposition re: 7 MOTION for an Order declaring this action to be a class action and for Sirota & Sirota LLP, Lovell Stewart Halbian, LLP and law firm of Guillermop Gleizer appointed Co-Lead Counsel in this action.. (Vol. II of II) Document filed by Republic of Argentina. (rag, ) |
| Filing 14 DECLARATION of Christopher P. Moore in Opposition re: 7 MOTION for an Order declaring this action to be a class action and for Sirota & Sirota LLP, Lovell Stewart Halbian, LLP and law firm of Guillermop Gleizer appointed Co-Lead Counsel in this action.. (Vol. I of II) Document filed by Republic of Argentina. (rag, ) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: 7 MOTION for an Order declaring this action to be a class action and for Sirota & Sirota LLP, Lovell Stewart Halbian, LLP and law firm of Guillermop Gleizer appointed Co-Lead Counsel in this action.. Document filed by Republic of Argentina. (rag, ) |
| ENDORSED LETTER addressed to Judge Griesa from Saul Roffe dated 3/17/2005 re: request denied. Original filed in 04cv400 (Signed by Judge Thomas P. Griesa on 3/17/2005) (jsa, ) |
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Filing 11
ORDER granting 7 Motion for Motion for class action treatment Plaintiff's attorneys are to settle the appropriate orders. For the reasons stated on the record at today's hearing, the motions are granted in all of the captioned cases except in Fuhr ( 04 civ 507), Cooke (04civ 508, Castro (04 cv 746 and Castro (04 civ 1183).. (Signed by Judge Thomas P. Griesa on 3/31/2005(jsa, ) Modified on 4/4/2005 (jsa, ). Modified on 4/4/2005 (jsa, ).Plaintiff's attorneys are to settle appropriate orders.
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| Filing 10 NOTICE of Change of Firm Name & Legal Status to Cleary Gottlieb, Steen & Hamilton LLP. Document filed by The Republic of Argentina. (ps, ) |
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Filing 9
STIPULATION AND ORDER the Republic will serve discovery requests concerning class certification issues on plaintiff on or before 9/16/04, after which plaintiff and the Republic will coordinate class discovery in the Proposed Class Actions; and at the conclusion of class discovery in the Proposed Class Actions, plaintiff and the Republic will confer concerning an agreed-to briefing schedule for the Republic's papers in response to the class certification motion and the reply papers of plaintiff, if any, in further support of their motion. (Signed by Judge Thomas P. Griesa on 9/28/04) (jco, )
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Filing 8
STIPULATION AND ORDER: the 6/7/04 return date contained in the Notice of Motion is adjourned sine die pending completion of discovery with respect to class certification issues as further set forth in said stipulation. (Signed by Judge Thomas P. Griesa on 6/14/04) (db, )
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| Filing 7 AMENDED MOTION for an Order declaring this action to be a class action and for Sirota & Sirota LLP, Lovell Stewart Halbian, LLP and law firm of Guillermop Gleizer appointed Co-Lead Counsel in this action. Document filed by Cesar Raul Castro. (jco, ) |
| Filing 6 MEMORANDUM OF LAW in Support of pltffs motion for class certification. (nite dep. box). Document filed by Cesar Raul Castro. (pa, ) |
| Filing 5 AFFIDAVIT of Saul Roffe in Support.of motion for class certification and to appoint Sirota & Sirota, LLP, Lovell Stewart Halebian LLP & law offices of Guillermo Gleizer as co-lead counsel. (nite dep. box) Document filed by Cesar Raul Castro. (pa, ) |
| Filing 4 ANSWER to Complaint. Document filed by Republic of Argentina.(dle, ) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Republic of Argentina served on 2/2/2004, answer due 2/23/2004. Service was accepted by Rodger Schmid, Asst. VP. Document filed by Cesar Raul Castro. (pl, ) |
| Filing 2 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned no longer assigned to the case. (gf, ) |
| CASE ACCEPTED AS RELATED TO 1:02-cv5699. Notice of Assignment to follow. (gf, ) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (gf, ) |
| Mailed notice with Rules 2 & 3 to the attorney(s) of record. (gf, ) |
| Filing 1 COMPLAINT against Republic of Argentina. (Filing Fee $ 150.00, Receipt Number 497062)Document filed by Cesar Raul Castro.(gf, ) |
| SUMMONS ISSUED as to Republic of Argentina. (gf, ) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:02-cv-5699. (gf, ) |
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