Scappini v. Republic of Argentina
| Giorgio Scappini and The individual persons and entities listed in Annex A |
| Republic of Argentina |
| Alessandro Adamantini, A Beccara, Giovanna, et al and Antonio Abati |
| 1:2004cv09788 |
| December 13, 2004 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Loretta A Preska |
| Stockholders Suits |
| 28 U.S.C. § 1331 |
| Plaintiff |
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Filing 70
STIPULATION AND ORDER: ORDERED that this action hereby is dismissed without prejudice. IT IS FURTHER ORDERED that the form of notice described in the Murray Declaration and attached as Exhibit 2 to the Notice of Motion to Voluntarily Dismiss Action is approved, and the matter of dissemination described Paragraph 8 of the Murray Declaration is approved and shall be followed. SO ORDERED. Motions terminated: #69 MOTION to Dismiss (Stipulated Motion to Voluntarily Dismiss Action) filed by Giorgio Scappini. (Signed by Judge Loretta A. Preska on 10/16/2019) (mml)
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| Filing 69 MOTION to Dismiss (Stipulated Motion to Voluntarily Dismiss Action). Document filed by Giorgio Scappini. (Attachments: #1 Notice of Motion, #2 Ex 1 Proposed Order, #3 Ex 2 Form of Notice of Dismissal, #4 Memorandum of Law, #5 Declaration of Brian Murray)(Spencer, Garth) |
| Filing 68 NOTICE OF APPEARANCE by Garth Avery Spencer on behalf of Giorgio Scappini. (Spencer, Garth) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (jc) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein. Please note that this is a reassignment of the designation only. (jc) |
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Filing 67
ORDER: The following cases are to be administratively closed due to inaction. This case having been pending for over three years, all presently contemplated proceedings having been completed, and there having been no action herein for over 12 months, there appears to be no further reason at this time to maintain the file as an open one for statistical purposes. The Clerk is instructed to complete a JS 6 report for this case. Nothing contained herein shall be considered a dismissal or disposition of this matter, and, should further proceedings in it become necessary or desirable, any party may initiate it in the same manner as if this order had not been entered. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/16/2016) (kl)
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Filing 66
SECOND AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: The Order for Appointment of Special Master, June 23, 2014, as amended and supplemented by the Amended and Supplemental Order of Appointment of Special Master, November 3, 2014, is further amended and supplemented as follows: 1. From and after April 22, 2016, Elliot Capital Management and Aurelius Capital Management, who have settled their claims with the Republic of Argentina, shall have no further responsibility for the fees and expenses of the Special Master. 2. From and after April 22, 2016, those parties who avail themselves of the services of the Special Master in negotiations with the Republic of Argentina shall have responsibility for their share of the fees and expenses of the Special Master. 3. The Special Master shall have the right to invoice the clients of Morgan Lewis & Bockius and Duane Morris for his services from April 22, 2016 through June 22, 2016 (and for services thereafter as the Special Master may determine appropriate) by invoicing the law firms as the representatives of their clients. These clients shall include Attestor Master Value Fund LP; Bybrook Capital Master Fund LP; Hazelton Master Fund LP; Trinity Investments Limited; White Hawthorne, LLC; and White Hawthorne II, LLC. Unless otherwise agreed between and among these clients, each shall be responsible for an equal share of one-half of the Special Master's fees and expenses. The Republic of Argentina shall remain responsible for its one-half of the Special Master's fees and expenses. 4. This Order shall apply to the above-captioned cases, all of which remain open, as well as any other cases against the Republic of Argentina in which the parties avail themselves of the services of the Special Master. 5. In all other respects the Order of Appointment of Special Master, June 23, 2014, as amended and supplemented by Order of November 3, 2014, shall remain in full force and effect. SO ORDERED. (Signed by Judge Thomas P. Griesa on 6/20/2016) (kl)
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Filing 65
ORDER granting #62 Motion to Amend/Correct. On this day the Court considered the Motion to Amend this Court's Order of March 1, 2007 and substitute Glancy Binkow & Goldberg LLP for Murray Frank LLP as Plaintiff's Lead Counsel in this case and the Declaration of Renato de Paolis Guidacci attached thereto. The motion is Granted. It is therefore ORDERED that this Court's entered on March 1, 2007 is hereby modified as follows: Glancy Binkow & Goldberg LLP is substituted in place of Murray, Frank & Sailer LLP as Plaintiff's Lead Counsel in this case. (Signed by Judge Thomas P. Griesa on 2/5/2014) (mro)
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| Filing 64 NOTICE of Certificate of Service. Document filed by Giorgio Scappini. (Murray, Brian) |
| Filing 63 MEMORANDUM OF LAW in Support re: #62 MOTION to Amend/Correct Court's Order of March 1, 2007.. Document filed by Giorgio Scappini. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Declaration of Giorgio Scappini)(Murray, Brian) |
| Filing 62 MOTION to Amend/Correct Court's Order of March 1, 2007. Document filed by Giorgio Scappini.(Murray, Brian) |
| Filing 61 NOTICE OF CHANGE OF ADDRESS by Brian Philip Murray on behalf of Giorgio Scappini. New Address: Glancy Binkow & Goldberg LLP, 122 East 42nd Street, Suite 2920, New York, New York, USA 10168, (212) 682-5340. (Murray, Brian) |
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Filing 60
OPINION:#100647 For the foregoing reasons, the motion for partial summary judgment to establish the Republic's liability as to all class members is granted. So Ordered (Signed by Judge Thomas P. Griesa on 8/10/2011) (js) Modified on 8/12/2011 (jab).
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| Filing 59 CERTIFICATE of Counsel by Lee Albert on behalf of Giorgio Scappini. Re: #58 Declaration in Support of Motion, #57 Reply to Response to Motion. Certificate of Service (Albert, Lee) |
| Filing 58 DECLARATION of Lee Albert in Support re: #48 MOTION for Summary Judgment by Plaintff and Class.. Document filed by Giorgio Scappini. (Attachments: #1 Exhibit 1)(Albert, Lee) |
| Filing 57 REPLY to Response to Motion re: #48 MOTION for Summary Judgment by Plaintff and Class.. Document filed by Giorgio Scappini. (Albert, Lee) |
| Filing 56 CERTIFICATE OF SERVICE of Richard V. Conza, dated January 10, 2011 #54 #55 . Service was made by ECF, MAIL, EMAIL. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 55 COUNTER STATEMENT TO #51 Rule 56.1 Statement. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 54 MEMORANDUM OF LAW in Opposition re: #48 MOTION for Summary Judgment by Plaintff and Class.. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 53
ENDORSED LETTER addressed to Judge Thomas P. Greisa from Carmine D. Boccuzzi, dated 12/6/2010, re: Counsel for defendant Republic of Argentina writes: The parties have agreed to the following proposed schedule for further briefing on plaintiffs' motions for summary judgment (the "Motions"), filed in the above cases on November 17 and 18, 2010, respectively: The Republic shall have until January 10, 2011 to submit briefs responding to the Motions. Plaintiffs shall have until February 4, 2011 to submit reply briefs in further support of the Motions. ENDORSEMENT: SO ORDERED. Set Deadlines as to #48 MOTION for Summary Judgment: Responses due by 1/10/2011. Replies due by 2/4/2011. (Signed by Judge Thomas P. Griesa on 12/7/2010) (lnl)
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| Filing 52 CERTIFICATE OF SERVICE of Motion for Summary Judgment, Memorandum of Law, Proposed Order, Declaration with exhibits, and 56.1 Statement. Document filed by Giorgio Scappini. (Albert, Lee) |
| Filing 51 RULE 56.1 STATEMENT. Document filed by Giorgio Scappini. (Albert, Lee) |
| Filing 50 DECLARATION of Lee Albert in Support re: #48 MOTION for Summary Judgment by Plaintff and Class.. Document filed by Giorgio Scappini. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Albert, Lee) |
| Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION for Summary Judgment by Plaintff and Class.. Document filed by Giorgio Scappini. (Albert, Lee) |
| Filing 48 MOTION for Summary Judgment by Plaintff and Class. Document filed by Giorgio Scappini. (Attachments: #1 Text of Proposed Order)(Albert, Lee) |
| Filing 47 CERTIFICATE of Counsel by Lee Albert on behalf of Giorgio Scappini. Affidavit of Lee Albert (Albert, Lee) |
| Filing 46 NOTICE of Errata to Previously Filed Opt-Out Statements. Document filed by The individual persons and entities listed in Annex A. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Pell, Owen) |
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Filing 45
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 44
ORDER WITH RESPECT TO NOTICE OF PENDENCY OF A CLASS ACTION: On or before sixty (60) days after entry of this Order, Class Counsel shall cause the Notice of Pendency to be provided to Members of the Class as further set forth in said Order listed in items 1-6. ORDER granting #40 Motion to Approve. (Signed by Judge Thomas P. Griesa on 5/13/09) (db)
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| Filing 43 NOTICE of Of Errata To Previously Filed Opt-Out Statements. Document filed by The individual persons and entities listed in Annex A. (Attachments: #1 Exhibit A)(Pell, Owen) |
| Filing 42 CERTIFICATE of Counsel by Lee Albert on behalf of Giorgio Scappini. Re: #40 FIRST MOTION to Approve Notice of Pendency of a Class Action., #41 Memorandum of Law in Support of Motion. Certificate of Service (Albert, Lee) |
| Filing 41 MEMORANDUM OF LAW in Support re: #40 FIRST MOTION to Approve Notice of Pendency of a Class Action.. Document filed by Giorgio Scappini. (Albert, Lee) |
| Filing 40 FIRST MOTION to Approve Notice of Pendency of a Class Action. Document filed by Giorgio Scappini. (Attachments: #1 Text of Proposed Order with Proposed Notice and Proposed Summary Notice)(Albert, Lee) |
| CASHIERS OFFICE REMARK on #39 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/29/2008, Receipt Number 667485. (jd) |
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Filing 39
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: granting #38 Motion for Lee Albert to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 10/30/2008) (tve)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #39 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) |
| Filing 38 MOTION for Lee Albert to Appear Pro Hac Vice. Document filed by Giorgio Scappini.(dle) |
| Filing 37 MEMO ENDORSEMENT granting #35 Motion to Withdraw as Attorney. ENDORSEMENT: Motion granted. Attorney Eric James Belfi and Aaron Daniel Patton terminated. (Signed by Judge Thomas P. Griesa on 8/27/08) (tro) |
| Filing 36 NOTICE OF APPEARANCE by Lawrence Damian McCabe on behalf of Giorgio Scappini (Attachments: #1 Certificate of Service)(McCabe, Lawrence) |
| Filing 35 MOTION for Eric J. Belfi to Withdraw as Attorney. Document filed by Giorgio Scappini. (Attachments: #1 Certificate of Service)(Murray, Brian) |
| Filing 34 NOTICE of Errata to Previously Filed Opt-Out Statements re: #19 Notice (Other), #27 Notice (Other). 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). Modified on 5/29/2008 (db). |
| Filing 33 NOTICE of Errata to Previously Filed Opt-Out Statements re: #27 Notice (Other). Document filed by The individual persons and entities listed in Annex A. (Attachments: #1 Exhibit A#2 Certificate of Service)(Pell, Owen) |
| Filing 32 TRANSCRIPT of proceedings held on 3/1/07 before Judge Thomas P. Griesa. (tro) |
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Filing 31
ORDER that the 3/1/07 order in this action is hereby amended. Renato De Paolis Guidacci will be the sole class representative. (Signed by Judge Thomas P. Griesa on 3/16/07) (cd)
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| MEMORANDUM TO THE DOCKET CLERK: A hearing was held on 3/1/2007 before Judge Thomas P. Griesa. (jar) |
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Filing 30
ORDER granting #14 Motion to Certify Class. See minutes of this date.. (Signed by Judge Thomas P. Griesa on 3/1/07) (cd)
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| Filing 29 NOTICE of /Amendment to Notice of Errata to Previously Filed Opt-Out Statement re: #26 Notice (Other). Document filed by Alessandro Adamantini. (Attachments: #1 Certificate of Service)(Pell, Owen) |
| Filing 28 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE of /Amendment to Notice of Errata to Previously Filed Opt-Out Statement re: #26 Notice (Other). Document filed by Alessandro Adamantini. (Attachments: #1 Certificate of Service)(Pell, Owen) Modified on 1/8/2007 (kkc, ). |
| Filing 27 NOTICE of /Statement Of Opt-Out From Certified And Putative Class Actions. Document filed by Antonio Abati. (Attachments: #1 Annex A#2 Annex B - Part 1#3 Annex B - Part 2#4 Certificate of Service)(Pell, Owen) |
| Filing 26 NOTICE of Errata To Previously Filed Opt-0ut Statement. Document filed by Alessandro Adamantini. (Attachments: #1 Exhibit One - Notice Of Errata#2 Certificate of Service)(Pell, Owen) |
| Filing 25 DECLARATION of Lawrence D. McCabe in Support re: #14 MOTION to Certify Class Pursuant to Rule 23.. Document filed by Giorgio Scappini. (Linkh, Gregory) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Certify Class Pursuant to Rule 23.. Document filed by Giorgio Scappini. (Linkh, Gregory) |
| Filing 23 CERTIFICATE OF SERVICE of Declaration of Jorge Heilpern, Declaration of Christopher P. Moore with Exhibits A through E, Memorandum of Law of the Republic of Argentina in Opposition to Plaintiffs' Motions for Class Certification served on Brian P. Murray, Esq., Lawrence D. McCabe, Esq., Eric J. Belfi, Esq.; Murray Frank, & Sailor LLP on November 9, 2006. Service was made by Federal Express. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Certify Class Pursuant to Rule 23. /Memorandum of Law of the Republic of Argentina in Opposition to Plaintiffs' Motions for Class Certification, Dated November 9, 2006. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 21 DECLARATION of Jorge Heilpern, Dated November 8, 2006 in Opposition re: #14 MOTION to Certify Class Pursuant to Rule 23.. Document filed by Republic of Argentina. (Attachments: #1 Declaration of Christopher P. Moore, Dated November 9, 2006#2 Exhibit A to Moore Declaration#3 Exhibit B to Moore Declaration#4 Exhibit C to Moore Declaration#5 Exhibit D to Moore Declaration#6 Exhibit E to Moore Declaration)(Boccuzzi, Carmine) |
| Filing 20 NOTICE of Errata to Previously Filed Opt-Out Statement re: #19 Notice (Other). Document filed by A Beccara, Giovanna, et al. (Attachments: #1 Exhibit A#2 Certificate of Service)(Pell, Owen) |
| Filing 19 NOTICE of /Statement of Opt-Out from Certified and Putative Class Actions. Document filed by A Beccara, Giovanna, et al. (Attachments: #1 Annex A - Part 1#2 Annex A - Part 2#3 Certificate of Service)(Pell, Owen) |
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Filing 18
STIPULATION AND ORDER; the 5/15/06 return date contained in the Motions is adjourned while the parties coordinate class discovery in this action. The Republic shall have 30 days from the conclusion of class discovery to serve papers in response to the Motions. Plaintiffs shall have 30 days from service of the Republic's response to serve reply papers, if any, in further support of the Motions. (Signed by Judge Thomas P. Griesa on 5/11/06) This Document Relates to 05cv3095.(sac, )
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Filing 17
STIPULATION AND ORDER that the 5/15/06 return date contained in the motions is adjourned; the Republic shall have 30 days from the conclusion of discovery to serve papers in response to the motions; plaintiffs shall have 30 days from service of the Republic's response to serve reply. (Signed by Judge Thomas P. Griesa on 5/9/06) (dle, )
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| Filing 16 DECLARATION of Lawrence D. McCabe in Support re: #14 MOTION to Certify Class Pursuant to Rule 23.. Document filed by Giorgio Scappini. (Attachments: #1 Exhibit Complaint#2 Exhibit Murray, Frank & Sailer LLP resume#3 Exhibit Proposed Class Representative Guidacci's most recent brokerage statement#4 Exhibit Proposed Class Representative Gamberini's most recent brokerage statement)(Belfi, Eric) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Certify Class Pursuant to Rule 23.. Document filed by Giorgio Scappini. (Belfi, Eric) |
| Filing 14 MOTION to Certify Class Pursuant to Rule 23. Document filed by Giorgio Scappini. Responses due by 5/15/2006 (Belfi, Eric) |
| Filing 13 CERTIFICATE OF SERVICE of Answer served on Aaron Patton, Esq, Brian Murray, Esq, Murray, Frank & Sailer LLP on September 9, 2005. Service was made by Mail. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 12 ANSWER to Complaint. Document filed by Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 11
ORDER: granting the Republic's #5 Motion to Dismiss. Plaintiff's claims of breach of the implied covenant of good faith and fair dealing and unjust enrichment are dismissed. Plaintiff's claims for punitive damages are dismissed on consent. (Signed by Judge Thomas P. Griesa on 8/24/05) (db, )
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| Filing 10 CERTIFICATE OF SERVICE of Richard V. Conza, dated March 14, 2005 re service of the Reply Memorandum of Law of The Republic of Argentina in Support of its Motion to Dismiss served on Brian P. Murray on March 11, 2005. Service was made by Federal Express. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 9 REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss /Notice of Motion to Dismiss Pursuant to Rule 12(b)(6), dated February 14, 2005. (Reply Memorandum Dated March 11, 2005). Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 8 RESPONSE in Opposition re: #5 MOTION to Dismiss /Notice of Motion to Dismiss Pursuant to Rule 12(b)(6), dated February 14, 2005. Plaintiff's Opposition to Defendant's Motion to Dismiss. Document filed by Giorgio Scappini. (Patton, Aaron) |
| Filing 7 CERTIFICATE OF SERVICE of Richard V. Conza, dated February 15, 2005, re service of Notice of Motion to Dismiss Pursuant to Rule 12(b)(6) with Exhibits and the Memorandum of Law of Defendant The Republic of Argentina in Support of its Motion to Dismiss Pursuant to Rule 12(b)(6) served on Brian P. Murray: Murray, Frank & Sailer LLP on February 14, 2005. Service was made by Express Mail. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss /Notice of Motion to Dismiss Pursuant to Rule 12(b)(6), dated February 14, 2005. /Memorandum of Law of Defendant The Republic of Argentina In Support of its Motion to Dismiss Pursuant to Rule 12(b)(6), dated February 14, 2005. Document filed by Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 5 MOTION to Dismiss /Notice of Motion to Dismiss Pursuant to Rule 12(b)(6), dated February 14, 2005. Document filed by Republic of Argentina. (Attachments: #1 Declaration Of Amy Chung In Support#2 Exhibit Chung Declaration Ex. A#3 Exhibit Chung Declaration Ex. B#4 Exhibit Chung Declaration Ex. C)(Boccuzzi, Carmine) |
| Filing 4 NOTICE of Change of Firm Name and Legal Status, dated January 20, 2005. Document filed by Republic of Argentina. (Blackman, Jonathan) |
| Mailed notice to the attorney(s) of record. (gf, ) |
| Filing 3 NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge Richard J. Holwell no longer assigned to the case. (gf, ) |
| Filing 2 SUMMONS RETURNED EXECUTED. Republic of Argentina served on 12/15/2004, answer due 1/4/2005. Service was accepted by Antonio Lues. Document filed by Giorgio Scappini. (Belfi, Eric) |
| Magistrate Judge Douglas F. Eaton is so designated. (gf, ) |
| Filing 1 COMPLAINT against Republic of Argentina. (Filing Fee $ 150.00, Receipt Number 528899)Document filed by Giorgio Scappini.(gf, ) |
| SUMMONS ISSUED as to Republic of Argentina. (gf, ) |
| Case Designated ECF. (gf, ) |
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