NML Capital, Ltd. v. The Republic of Argentina
| NML Capital, Ltd. |
| The Republic of Argentina |
| Banco De La Nacion Argentina, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC and Aurelius Capital Partners LP |
| Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, Profesion+Auge AFJP S.A., Citigroup Global Markets Inc., Administracion Nacional de Seguridad Social, Banco Central de la Republica Argentina, Bank for International Settlements, CitiGroup Inc., Empresa Argentina de Soluciones Satelitales ("AR-SAT"), GMO Emerging Country Debt Investment Fund PLC, Met AFJP S.A., Futura AFJP S.A., Consolidar AFJP S.A., Unidos S.A. AFJP, Citicorp USA Inc., GMO Emerging Country Debt LP, Argentine National Social Security Administration, Origenes AFJP S.A., Maxima AFJP S.A., Jaime Caruana, Citicorp North America Inc., GMO Emerging Country Debt Fund, Arauca Bit AFJP S.A., Citibank, N.A. and Citigroup North America Inc. |
| Bank of America, N.A. |
| 1:2005cv02434 |
| February 28, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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| Document Text |
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (jc) |
Filing 550
STIPULATION AND ORDER VACATING WRIT OF EXECUTION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., Plaintiff EM Ltd., and Defendant the Republic of Argentina (being all of the parties to these actions), that the Writ of Execution so ordered by this Court in the above-captioned actions on July 19, 2012, relating to property in the form of assets of and/or held in the BH Options Trust, and any beneficial interest in the BH Options Trust (the "Writ of Execution"), should be vacated in its entirety. IT IS THEREFORE ORDERED by this Court that the Writ of Execution is hereby vacated. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/6/2016) (kl)
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Filing 549
ORDER OF SATISFACTION re: #450 Amended Judgment, in favor of NML Capital, Ltd. Against The Republic of Argentina in the amount of $311,177,898.00. WHEREAS, in accordance with the Settlement Agreement, plaintiff received the Settlement Amount; WHEREAS, plaintiff's Final Judgment Amount has been fully satisfied by the Republic's payment to plaintiff; NOW, THEREFORE, full satisfaction of plaintiff's Final Judgment Amount is hereby acknowledged, and the Clerk of the Court is hereby authorized and directed to make an entry of full satisfaction on the docket. (Signed by Judge Thomas P. Griesa on 4/28/2016) (kl)
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Filing 548
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., and Defendant the Republic of Argentina (being all of the parties to these actions), that any and all claims asserted in the above-captioned actions shall be and are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party bearing its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama)
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Filing 547
ORDER: After signing an Agreement in Principle on February 29, 2016, the Republic of Argentina and the captioned plaintiffs have jointly requested that the court order the settlement payment mechanism outlined in Addendum A. The Republic has signed agreements in principle with many plaintiffs that could result in settlements in various actions before this court. The settlements in all cases in the Argentina debt litigation present the court with extraordinary circumstances because the settlements are "of critical importance to the economic health of a nation." See EM Ltd. v. Republic of Argentina, 131 F. App'x 745, 747 (2d Cir. 2005). Any attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest. See id. (recognizing this court's considerable discretion to deny attachment and restraint of funds "connect[ed] with a restructuring of Argentina's public debt to be accomplished through an issuance of new bonds"); Capital Ventures Int'l v. Republic of Argentina, 443 F.3d 214, 222-23 (2d Cir. 2006) (suggesting that this court could, in "extraordinary circumstances," exercise its discretion to deny attachments that are "against the public interest"); Capital Ventures Int'l v. Republic of Argentina, 652 F.3d 266, 273 (2d Cir. 2011) (again suggesting that this court could deny attachments that might impede a "deal [that] will have a substantial effect on [the Republic's] finances or its ability to access the capital markets"). Accordingly, the court now "so orders" the payment mechanism outlined in Addendum A. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2016) (Attachments: #1 Exhibit)(kl)
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| Filing 546 LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated November 4, 2015 re: plaintiffs' November 3 reply brief. Document filed by The Republic of Argentina.(Blackman, Jonathan) |
| Filing 545 REPLY MEMORANDUM OF LAW in Support re: #539 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 544 MEMORANDUM OF LAW in Opposition re: #539 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 543 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #539 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibits F-G, #3 Exhibits H-I, #4 Proposed Order)(Blackman, Jonathan) |
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Filing 542
ORDER: On October 16, 2015, plaintiffs moved for an order deeming that defendant has waived its privileges. As the parties have now agreed, defendant may respond to plaintiffs' motion no later than 2:00p.m. on October 30, 2015. The court will hear argument at 11:45 a.m. on November 5, 2015. (Responses due by 10/30/2015, Oral Argument set for 11/5/2015 at 11:45 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/20/2015) (kl)
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| Filing 541 DECLARATION of Collin F. Hessney in Support re: #539 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Cohen, Robert) |
| Filing 540 MEMORANDUM OF LAW in Support re: #539 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 539 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Cohen, Robert) |
| Filing 538 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated August 20, 2015 re: privilege log issues. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 537
ORDER terminating #525 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl)
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| Filing 536 DECLARATION of Robert A. Cohen in Support re: #525 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Cohen, Robert) |
| Filing 535 REPLY MEMORANDUM OF LAW in Support re: #525 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 534
ORDER: A hearing on plaintiffs' motions for discovery sanctions is hereby scheduled for August 12, 2015 at 2:00pm. (Discovery Hearing set for 8/12/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/30/2015) (spo) Modified on 7/30/2015 (spo).
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| Filing 533 MEMORANDUM OF LAW in Opposition re: #525 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 532 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #525 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibit G, #4 Exhibits H-M, #5 Exhibits N-O, #6 Exhibits P-R)(Blackman, Jonathan) |
| Filing 531 LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated July 17, 2015 re: Motions for Discovery Sanctions. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) |
| Filing 530 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 529 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 528 DECLARATION of Robert A. Cohen (Corrected) in Support re: #525 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A-I)(Cohen, Robert) |
| Filing 527 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Robert A. Cohen in Support re: #525 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A-H)(Cohen, Robert) Modified on 6/18/2015 (db). |
| Filing 526 MEMORANDUM OF LAW in Support re: #525 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 525 MOTION for Sanctions . Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 523
ORDER TO SHOW CAUSE: LET NON-PARTIES DEUTSCHE BANKAG, DEUTSCHE BANK AMERICA HOLDING CORP., DEUTSCHE BANK SECURITIES INC., DEUTSCHE BANK TRUST COMPANY AMERICA AND TAUNUS CORPORATION (COLLECTIVELY "DB") AND JPMORGAN CHASE & CO. AND JPMORGAN CHASE BANK, N.A. (COLLECTIVELY "JPMC") SHOW CAUSE, before Judge Thomas P. Griesa, room 26B, at the United States Courthouse located at 500 Pearl Street, New York, on the 25th day of February at 4:00 p.m., or as soon thereafter as counsel may be heard, why an order should not be made and entered as follows: 1. Requiring non-parties DB and JPMC to: (a) immediately produce to NML's counsel any and all readily available documents responsive to the subpoenas served by NML Capital, Ltd. ("NML") on DB and JMPC on February 9, 2015 (the "Subpoenas") seeking information about the imminent issuance by the Republic of Argentina ("Argentina") of approximately $2.0 billion in Bonar 2024 bonds (the "Bonar 2024s") but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00 pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. 2. And for such other and further relief as this Court may deem, just, proper and necessary under the circumstances. SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED that email service of this Order to Show Cause, and the papers upon which it is based, upon counsel for DB, Moses & Singer LLP, attention: Philippe Zimmerman and counsel for JPMC, Levi Lubarsky & Feigenbaum LLP, attention: Andrea Likwornik Weiss, Esq., on or before the 4:00 pm on February 25, 2015, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
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Filing 524
ORDER: IT IS, THEREFORE, HEREBY ORDERED: THAT DB and JPMC shall: (a) immediately produce to NML's counsel any and all readily available documents responsive to the Subpoenas but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
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| Filing 522 MANDATE of USCA (Certified Copy) as to #494 Notice of Appeal filed by The Republic of Argentina USCA Case Number 13-4068(con). Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/23/2014. (nd) |
| Filing 521 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated October 8, 2014 re: Procedure for Resolving Additional Requests for Pari Passau Relief. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 520 REPLY MEMORANDUM OF LAW in Support re: #516 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 519 DECLARATION of Jay Newman in Support re: #512 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 518 REPLY MEMORANDUM OF LAW in Support re: #512 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 517 MEMORANDUM OF LAW in Support re: #516 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. and in Opposition to NML's Motion to Compel Discovery #512 . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 516 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. Document filed by Citibank, N.A..(Wagner, Karen) |
| Filing 515 NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A.. (Rowland, Matthew) |
| Filing 514 DECLARATION of Kevin S. Reed in Support re: #512 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Reed, Kevin) |
| Filing 513 MEMORANDUM OF LAW in Support re: #512 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
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Filing 512
ORDER TO SHOW CAUSE: LET CITIBANK, N.A. ("CITIBANK") SHOW CAUSE, before Judge Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, 10007, on the 10th day of Sept. 2014 at 2:30 pm, why an Order should not be entered: a) Ordering Citibank to comply fully with the Subpoena Duces Tecum and Ad Testificandum dated August 15, 2014, that was served by Plaintiff NML Capital, Ltd. ("NML") on Citibank, by producing documents three days before argument on Citibank's appeal will be heard and a witness for deposition by September 15, 2014. b) Granting such other and further relief as this Court may deem just, proper and necessary under the circumstances. IT IS HEREBY: ORDERED THAT e-mail service of this Order to Show Cause, and the papers upon which it is based, upon counsel for Citibank, Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York, 10017, attention Lindsey Knapp, Esq., at lindsey.knapp@davispolk.com, and upon counsel for Defendant The Republic of Argentina, Cleary, Gottlieb, Steen & Hamilton, One Liberty Plaza, New York, New York, 10006, attention Carmine Boccuzzi, Esq., at cboccuzzi@cgsh.com, shall be deemed good and sufficient service; IT IS FURTHER ORDERED THAT opposing papers, if any, are to be served on counsel for the Plaintiff, Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York, 10010, attention Kevin S. Reed, so as to be received on the 5th day of Sept. 2014; AND IT IS FURTHER ORDERED THAT reply papers, if any, shall be served upon counsel for Citibank and Defendant, so as to be received no later than 5 p.m. on 8 day of Sept. 2014. Show Cause Hearing set for 9/10/2014 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 8/29/2014) (lmb)
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| Filing 511 OPINION #104382 granting #498 Motion to Stay ; denying #505 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 5/30/2014 (ca). |
| Filing 510 LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 04/17/2014 re: Non-Party Banks' Motions for Joinder. Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 509 REPLY MEMORANDUM OF LAW in Support re: #498 MOTION to Stay. and in Opposition to NML's Cross-Motion to Compel Discovery.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 508 DECLARATION of Joseph Sremack in Support re: #505 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Reed, Kevin) |
| Filing 507 DECLARATION of Kevin S. Reed in Support re: #505 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Reed, Kevin) |
| Filing 506 MEMORANDUM OF LAW in Support re: #505 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 505 MOTION to Compel Citi Entities to Comply with Subpoena. Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 504 DECLARATION of Joseph Sremack in Opposition re: #498 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Reed, Kevin) |
| Filing 503 DECLARATION of Kevin S. Reed in Opposition re: #498 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Reed, Kevin) |
| Filing 502 MEMORANDUM OF LAW in Opposition re: #498 MOTION to Stay. and Cross-Motion to Compel. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 501 DECLARATION of Lindsey T. Knapp in Support re: #498 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Knapp, Lindsey) |
| Filing 500 DECLARATION of Rebecca J. Nelson in Support re: #498 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 499 MEMORANDUM OF LAW in Support re: #498 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 498 MOTION to Stay. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc..(Wagner, Karen) |
| Filing 497 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Knapp, Lindsey) |
| Filing 496 NOTICE OF APPEARANCE by James Loran Kerr on behalf of CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Kerr, James) |
| Filing 495 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank, N.A., Citigroup North America Inc., Citicorp USA Inc., Citicorp North America Inc., Citigroup Global Markets Inc., CitiGroup Inc.. (Wagner, Karen) |
| Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files for #447 Notice of Appeal filed by NML Capital, Ltd., #446 Order, #211 Order, Terminate Motions, #107 Notice of Appeal filed by The Republic of Argentina, #94 Order on Motion to Vacate, #284 USCA Order, #207 Appeal Record Sent to USCA - Index, #77 Protective Order, #372 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #192 Notice of Appeal, filed by The Republic of Argentina, #355 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #311 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #276 Endorsed Letter, #344 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #323 Notice of Appeal filed by Banco Central de la Republica Argentina, #342 USCA Mandate, #215 Notice of Appeal filed by Banco De La Nacion Argentina, #122 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #81 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #65 Order on Motion to Dismiss, #369 Memorandum & Opinion, #318 Memorandum & Opinion, #371 Declaration in Support of Motion, filed by NML Capital, Ltd., #290 Order, #125 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #332 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #312 Joinder, filed by The Republic of Argentina, #321 Endorsed Letter, Set Deadlines/Hearings, #156 Endorsed Letter, #103 Order Issuing Maritime Attachment and Garnishment, #357 Stipulation and Order, Consent Order, #346 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #63 Order on Motion to Amend/Correct, #138 Order, Set Motion and R&R Deadlines/Hearings, #193 Endorsed Letter, Set Deadlines/Hearings, #286 Endorsed Letter, #293 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #152 Memo Endorsement, Add and Terminate Attorneys, #380 Declaration in Support of Motion, filed by NML Capital, Ltd., #199 Notice of Appeal filed by The Republic of Argentina, #351 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #374 Joinder filed by The Republic of Argentina, #379 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #83 Protective Order, #210 Memorandum & Opinion, #295 Stipulation and Order, #274 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #76 USCA Mandate, #301 Brief filed by NML Capital, Ltd., #181 Order, Set Deadlines/Hearings, #330 Declaration in Support of Motion, filed by The Republic of Argentina, #313 Joinder, filed by The Republic of Argentina, #287 Reply Memorandum of Law in Support, filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #338 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #306 Order, #168 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #368 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #358 Order, #116 Notice of Appearance filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #294 Declaration in Support of Motion, filed by NML Capital, Ltd., #302 Declaration, filed by NML Capital, Ltd., #82 Endorsed Letter, Set Deadlines, #56 Costs Taxed, #326 Appeal Record Sent to USCA - Index, #102 Order, #296 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #334 Stipulation and Order, Set Deadlines/Hearings, #298 Reply Memorandum of Law, filed by NML Capital, Ltd., #325 Order, #164 Memorandum & Opinion, #340 Notice of Appeal filed by NML Capital, Ltd., #377 Endorsed Letter, Set Deadlines, #196 Amended Judgment, #373 Notice of Appeal filed by The Republic of Argentina, #167 Memorandum & Opinion, #352 Stipulation and Order, Set Scheduling Order Deadlines, #121 Order Striking Document from Record, #158 Order, #320 Order, #124 Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #29 Stipulation and Order, #360 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #356 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #100 Endorsed Letter, Set Deadlines, #304 Declaration,, filed by NML Capital, Ltd., #366 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #62 USCA Mandate, #361 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #118 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #235 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #163 Order, #262 Memorandum & Opinion, #151 Order, #335 Memorandum & Opinion, #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #347 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #324 Notice of Appeal filed by The Republic of Argentina, #178 Order, #263 Stipulation and Order, Set Deadlines/Hearings, #153 Endorsed Letter, #188 Order, #119 Stipulation and Order, #375 Declaration filed by The Republic of Argentina, #362 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #189 Memorandum & Opinion, #186 Order on Motion for Leave to File Document, #117 Memorandum & Opinion, #165 Amended Notice of Appeal filed by The Republic of Argentina, #350 Declaration in Support of Motion, filed by The Republic of Argentina, #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #341 Declaration, filed by NML Capital, Ltd., #337 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #327 Appeal Record Sent to USCA - Index, #367 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #147 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #382 Declaration in Support of Motion, filed by NML Capital, Ltd., #299 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and. filed by NML Capital, Ltd., #99 Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, #381 Declaration in Support of Motion,, filed by NML Capital, Ltd., #333 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #307 Order, #365 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #363 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #310 Response filed by Banco Central de la Republica Argentina, #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana filed by Bank for International Settlements, Jaime Caruana, #208 Order to Show Cause, #308 Order, #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #177 Protective Order, #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #209 Order, #292 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS) Filed by EM Ltd. and. filed by NML Capital, Ltd., #57 USCA Order - Other, #353 Stipulation and Order, Set Deadlines/Hearings,,,, #288 Endorsed Letter, Set Deadlines,, #36 Order, #354 USCA Mandate, #322 Order, #376 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #348 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #297 Declaration filed by NML Capital, Ltd., #289 Order, #162 Memorandum & Opinion, #101 Appeal Record Sent to USCA - Index, #216 Notice of Appeal filed by The Republic of Argentina, #200 Notice of Appeal, filed by NML Capital, Ltd., #123 Declaration in Opposition, filed by GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt Fund, #336 Stipulation and Order, #331 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #345 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #190 Judgment, #359 Order, #413 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #414 Endorsed Letter, Set Deadlines/Hearings, #386 Endorsed Letter, #444 USCA Mandate, #411 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #416 MOTION to Vacate #407 Order on Motion to Attach, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #393 Memorandum of Law in Opposition to Motion filed by Banco De La Nacion Argentina, #398 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #404 Declaration in Support of Motion,, filed by NML Capital, Ltd., #391 Declaration, filed by NML Capital, Ltd., #442 Memorandum & Opinion, #389 Declaration filed by NML Capital, Ltd., #406 Certificate of Service Other, filed by NML Capital, Ltd., #384 Endorsed Letter, #405 Affidavit of Service Other, filed by NML Capital, Ltd., #430 Declaration in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #392 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #421 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #426 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #400 Declaration fil |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #494 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #447 Notice of Appeal filed by NML Capital, Ltd., #446 Order, #211 Order, Terminate Motions, #107 Notice of Appeal filed by The Republic of Argentina, #94 Order on Motion to Vacate,,,,,,, #284 USCA Order,,,, #207 Appeal Record Sent to USCA - Index, #77 Protective Order, #372 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #192 Notice of Appeal, filed by The Republic of Argentina, #355 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #311 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #276 Endorsed Letter, #344 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #323 Notice of Appeal filed by Banco Central de la Republica Argentina, #342 USCA Mandate, #215 Notice of Appeal filed by Banco De La Nacion Argentina, #122 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #81 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #65 Order on Motion to Dismiss, #369 Memorandum & Opinion,,,,,,, #318 Memorandum & Opinion,, #371 Declaration in Support of Motion,, filed by NML Capital, Ltd., #290 Order,,,, #125 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #332 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #312 Joinder, filed by The Republic of Argentina, #321 Endorsed Letter, Set Deadlines/Hearings,, #156 Endorsed Letter, #103 Order Issuing Maritime Attachment and Garnishment, #357 Stipulation and Order, Consent Order,, #346 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #63 Order on Motion to Amend/Correct, #138 Order, Set Motion and R&R Deadlines/Hearings,,,, #193 Endorsed Letter, Set Deadlines/Hearings,,,, #286 Endorsed Letter, #293 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #152 Memo Endorsement, Add and Terminate Attorneys,, #380 Declaration in Support of Motion,, filed by NML Capital, Ltd., #199 Notice of Appeal filed by The Republic of Argentina, #351 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #374 Joinder filed by The Republic of Argentina, #379 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #83 Protective Order, #210 Memorandum & Opinion, #295 Stipulation and Order,,,,,,, #274 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #76 USCA Mandate, #301 Brief filed by NML Capital, Ltd., #181 Order, Set Deadlines/Hearings,,,,,,,, #330 Declaration in Support of Motion, filed by The Republic of Argentina, #313 Joinder, filed by The Republic of Argentina, #287 Reply Memorandum of Law in Support, filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #338 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #306 Order, #168 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #368 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #358 Order, #116 Notice of Appearance filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #294 Declaration in Support of Motion,,,,, filed by NML Capital, Ltd., #302 Declaration,,,,, filed by NML Capital, Ltd., #82 Endorsed Letter, Set Deadlines,, #56 Costs Taxed, #326 Appeal Record Sent to USCA - Index, #102 Order,, #296 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #334 Stipulation and Order, Set Deadlines/Hearings,,,,,, #298 Reply Memorandum of Law, filed by NML Capital, Ltd., #325 Order,, #164 Memorandum & Opinion, #340 Notice of Appeal filed by NML Capital, Ltd., #377 Endorsed Letter, Set Deadlines,,,,,, #196 Amended Judgment, #373 Notice of Appeal filed by The Republic of Argentina, #167 Memorandum & Opinion, #352 Stipulation and Order, Set Scheduling Order Deadlines,,,, #121 Order Striking Document from Record, #158 Order,,,,, #320 Order,,,, #124 Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #29 Stipulation and Order, #360 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #356 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #100 Endorsed Letter, Set Deadlines,,,,,, #304 Declaration,, filed by NML Capital, Ltd., #366 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #62 USCA Mandate, #361 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #118 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #235 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #163 Order, #262 Memorandum & Opinion,,,, #151 Order, #335 Memorandum & Opinion, #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #347 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #324 Notice of Appeal filed by The Republic of Argentina, #178 Order, #263 Stipulation and Order, Set Deadlines/Hearings,, #153 Endorsed Letter, #188 Order,,,,,, #119 Stipulation and Order, #375 Declaration filed by The Republic of Argentina, #362 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #189 Memorandum & Opinion, #186 Order on Motion for Leave to File Document, #117 Memorandum & Opinion,,, #165 Amended Notice of Appeal filed by The Republic of Argentina, #350 Declaration in Support of Motion, filed by The Republic of Argentina, #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #341 Declaration,,, filed by NML Capital, Ltd., #337 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #327 Appeal Record Sent to USCA - Index, #367 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #147 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #382 Declaration in Support of Motion, filed by NML Capital, Ltd., #299 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and. filed by NML Capital, Ltd., #99 Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, #381 Declaration in Support of Motion,, filed by NML Capital, Ltd., #333 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #307 Order,,, #365 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #363 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #310 Response filed by Banco Central de la Republica Argentina, #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #208 Order to Show Cause,,,,,,,, #308 Order, #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #177 Protective Order, #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #209 Order, #292 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS) Filed by EM Ltd. and. filed by NML Capital, Ltd., #57 USCA Order - Other, #353 Stipulation and Order, Set Deadlines/Hearings,,,, #288 Endorsed Letter, Set Deadlines,, #36 Order, #354 USCA Mandate, #322 Order, #376 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #348 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #297 Declaration filed by NML Capital, Ltd., #289 Order,,,,,, #162 Memorandum & Opinion,,, #101 Appeal Record Sent to USCA - Index, #216 Notice of Appeal filed by The Republic of Argentina, #200 Notice of Appeal, filed by NML Capital, Ltd., #123 Declaration in Opposition, filed by GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt Fund, #336 Stipulation and Order, #331 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #345 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #190 Judgment, #359 Order, #413 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #414 Endorsed Letter, Set Deadlines/Hearings, #386 Endorsed Letter, #444 USCA Mandate, #411 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #416 MOTION to Vacate #407 Order on Motion to Attach, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #393 Memorandum of Law in Opposition to Motion filed by Banco De La Nacion Argentina, #398 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #404 Declaration in Support of Motion,, filed by NML Capital, Ltd., #391 Declaration, filed by NML Capital, Ltd., #442 Memorandum & Opinion, #389 Declaration filed by NML Capital, Ltd., #406 Certificate of Service Other, filed by NML Capital, Ltd., #384 Endorsed Letter, #405 Affidavit of Service Other, filed by NML Capital, Ltd., #430 Declaration in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #392 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #421 Declaration in Support of Motion, filed by Empresa Argentina de Soluci |
| Filing 494 NOTICE OF APPEAL from #492 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010360. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 493
STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-captioned actions (the "Actions"), subject to the approval of the Court, that: This Stipulation and Order governs the treatment of documents, depositions and deposition exhibits, interrogatory answers, responses to requests to admit, responses to demands under Rule 26.1 of the Local Civil Rules of this Court and any other and other written, recorded or graphic matter ("Discovery Material") produced by or obtained from any party or non-party (the "Producing Person") in the Actions that is designated confidential by the Producing Person in accordance with the procedures set forth below. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/22/2013) (ama)
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Filing 492
ORDER: IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/25/2013) (ama)
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| Filing 491 DECLARATION of Eric C. Kirsch in Support re: #483 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohen, Robert) |
| Filing 490 REPLY MEMORANDUM OF LAW in Support re: #483 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 489 MEMORANDUM OF LAW in Opposition re: #483 MOTION to Compel Compliance with Discovery Requests. , dated July 17, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 488 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Opposition re: #483 MOTION to Compel Compliance with Discovery Requests.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit E-H)(Boccuzzi, Carmine) |
| Filing 487 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Support re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 486 REPLY MEMORANDUM OF LAW in Support re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated July 17, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 485 DECLARATION of Eric C. Kirsch in Support re: #483 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Cohen, Robert) |
| Filing 484 MEMORANDUM OF LAW in Support re: #483 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 483 MOTION to Compel Compliance with Discovery Requests. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 482 DECLARATION of KEVIN S. REED in Opposition re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Reed, Kevin) |
| Filing 481 MEMORANDUM OF LAW in Opposition re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kevin Samuel Reed to RE-FILE Document #480 Memorandum of Law in Opposition to Motion. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db) |
| Filing 480 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 DECLARATION OF KEVIN S. REED IN OPPOSITION TO DEFENDANTS MOTION TO QUASH SUBPOENAS, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Reed, Kevin) Modified on 6/27/2013 (db). |
| Filing 479 FILING ERROR - DUPLICATE DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 DECLARATION OF KEVIN S. REED IN OPPOSITION TO DEFENDANTS MOTION TO QUASH SUBPOENAS, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Reed, Kevin) Modified on 6/27/2013 (db). |
| Filing 478 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 6/18/2013 re: In my letter to the Court of June 11,2013, I inadvertently misstated the briefing schedule the parties have agreed on for that motion. The parties have agreed that NML shall file its opposition to the motion on or before June 26, 2013 (rather than June 18) and that the Republic of Argentina shall file any reply papers on or before July l7, 2013. The parties respectfully request that argument on the motion occur at the previously set August 5, 2013 hearing in these and related matters. ENDORSEMENT: Approved., ( Responses due by 6/26/2013, Replies due by 7/17/2013.) (Signed by Judge Thomas P. Griesa on 6/18/2013) (ama) |
| Filing 477 MEMORANDUM OF LAW in Support re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far [CORRECTED]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 476 DECLARATION of Carmine D. Boccuzzi in Support re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Attachments: #1 Ex. A - C, #2 Ex. D - F, #3 Ex. G - I, #4 Ex. J - L, #5 Ex. M - N, #6 Ex. O, #7 Ex. P - S, #8 Ex. T - V, #9 Ex. W1, #10 Ex. W2)(Boccuzzi, Carmine) |
| Filing 475 MEMORANDUM OF LAW in Support re: #474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated May 28, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 474 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Fargo & Co. and Wells Fargo Bank, N.A. , dated May 28, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 473 NOTICE OF APPEARANCE by David Scott Hoffner on behalf of NML Capital, Ltd. (Hoffner, David) |
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Filing 472
CONSENT ORDER: ORDERED that on or before April 29, 2013, BNA must comply in full with the Subpoena by producing to NML the documents responsive to the Subpoena (subject to the modifications described above) held at each of BNA's worldwide branches. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/19/2013) (ama) Modified on 4/19/2013 (ama).
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Filing 471
ORDER FOR ADMISSION OF JENNINGS F. DURAND PRO HAC VICE: granting #468 Motion for Jennings F. Durand to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 2/21/2013) (js)
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| Filing 470 OPINION: Overall, upon complete consideration of all of the above factors, the court concludes that compliance with the subpoena is warranted in this case even if it is in violation of foreign countries' laws. This opinion resolves the legal questions briefed following the hearing on March 26, 2012. The court will hold an additional hearing to determine the further steps that need to be taken. (Signed by Judge Thomas P. Griesa on 2/8/2013) (mro) Modified on 2/11/2013 (mro). |
| Filing 469 Costs Taxed as to #467 USCA Mandate, USCA Case Number 10-1487 (L). in the amount of $17,879.04. Docketed as Judgment #13,0126 on 1/24/2013 in favor of Appellant Banco Central de la Republica Argentina against Appellees NML Capital, Ltd., EM Ltd.. [ORIGINAL ENTERED IN CASE 06-cv-6466, doc. # 388]. (nd) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #468 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8118668. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 468 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8118668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Durand, Jennings) |
| Filing 467 MANDATE of USCA (Certified Copy) as to #445 Notice of Appeal filed by The Republic of Argentina USCA Case Number 11-4082-con. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/17/2012. (nd) |
| Filing 466 MANDATE of USCA (Certified Copy) as to #447 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 11-4248-cv(L). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED as MOOT and the judgment of the United States District Court for the Southern District of New York is VACATED . The case is REMANDED to the District Court with directions to DISMISS NML's motion to confirm and the Republic's and AR-SAT's cross-motion to vacate the judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/12/2012. (nd) |
| Filing 465 OPINION re: (448 in 1:05-cv-02434-TPG) MOTION to Vacate (433) Memorandum & Opinion, filed by NML Capital, Ltd., (196 in 1:09-cv-01707-TPG) MOTION to Vacate (179) Memorandum & Opinion, filed by NML Capital, Ltd., (329 in 1:08-cv-02541-TPG) MOTION to Vacate (316) Memorandum & Opinion, filed by NML Capital, Ltd., (447 in 1:03-cv-08845-TPG) MOTION to Vacate (434) Memorandum & Opinion,, filed by NML Capital, Ltd., (327 in 1:08-cv-03302-TPG) MOTION to Vacate (313) Memorandum & Opinion, filed by NML Capital, Ltd., (305 in 1:07-cv-06563-TPG) MOTION to Vacate (292) Memorandum & Opinion, filed by NML Capital, Ltd., (346 in 1:08-cv-06978-TPG) MOTION to Vacate (327) Memorandum & Opinion, filed by NML Capital, Ltd., (369 in 1:06-cv-06466-TPG) MOTION to Vacate (354) Memorandum & Opinion, filed by NML Capital, Ltd., (197 in 1:09-cv-01708-TPG) MOTION to Vacate (180) Memorandum & Opinion, filed by NML Capital, Ltd., (317 in 1:07-cv-01910-TPG) MOTION to Vacate (304) Memorandum & Opinion, filed by NML Capital, Ltd., (320 in 1:07-cv-02690-TPG) MOTION to Vacate (306) Memorandum & Opinion, filed by NML Capital, Ltd. For essentially the same reasons stated at the hearing held on August 30, 2011, the court denies plaintiff's current motion. This opinion resolves the motion listed as document number 447 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 8/14/2012) (lmb) |
| Filing 464 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 463 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 7/18/2012 re: Counsel for plaintiffs write to propose that NML file and serve its reply in support of its Supplemental Memorandum of Law in Support of Motions to Compel and for Sanctions [against Banco de la Nacion Argentina ("BNA")], on July 31, 2012. ENDORSEMENT: Approved., ( Replies due by 7/31/2012.) (Signed by Judge Thomas P. Griesa on 7/23/2012) (pl) |
| Filing 462 DECLARATION of Mark S. Sullivan in Opposition re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Sullivan, Mark) |
| Filing 461 MEMORANDUM OF LAW in Opposition re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
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Filing 460
ORDER: The 12/2005 Orders and the 4/2010 Order, and all associated orders, are vacated and dismissed and all attachments and restraints of the FRBNY Funds ordered therein are lifted. (Signed by Judge Paul A. Engelmayer, sitting in Part I on 7/9/2012) (cd)
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| Filing 459 MANDATE of USCA (Certified Copy) as to #323 Notice of Appeal filed by Banco Central de la Republica Argentina, #324 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-1487-cv(L). Ordered, Adjudged and Decreed that the order of the District Court are VACATED, and the cause is REMANDED with instructions to dismiss the orders of attachment and for such further proceedings as my be appropriate in accordance with the Opinion of this Court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/26/2012. (nd) |
| Filing 458 DECLARATION of Eric C. Kirsch in Support re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Cohen, Robert) |
| Filing 457 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 456 MANDATE of USCA (Certified Copy) as to #373 Notice of Appeal filed by The Republic of Argentina USCA Case Number 11-4475. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/20/2012. (nd) |
| Filing 455 SEALED DOCUMENT placed in vault.(mps) |
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Filing 454
ORDER: Upon the motion NML made by letter dated November 10, 2011, it is hereby ORDERED that BNA shall provide all documents responsive to NML's subpoena, as modified, on or before January 6, 2012. (Signed by Judge Thomas P. Griesa on 12/14/2011) (lmb)
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| Filing 453 REPLY MEMORANDUM OF LAW in Support re: #448 MOTION to Vacate #433 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sher, Jeremy) |
| Filing 452 RESPONSE in Opposition re: #448 MOTION to Vacate #433 Memorandum & Opinion,. / The Republic of Argentina's Opposition to NML Capital LTD.'s Motion Under Rule 60(B)(6)to Vacate the April 22, 2011 Opinion, dated November 4, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 451 MEMORANDUM OF LAW in Opposition re: #448 MOTION to Vacate #433 Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 450 SECOND AMENDED JUDGMENT # 09,1024 amending #196 Amended Judgment, in favor of NML Capital, Ltd. against The Republic of Argentina in the amount of $ 311,177,898.00. (Signed by Judge Thomas P. Griesa on 10/26/2011) (Attachments: #1 Notice of Right to Appeal)(dt) |
| Filing 449 MEMORANDUM OF LAW in Support re: #448 MOTION to Vacate #433 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 448 MOTION to Vacate #433 Memorandum & Opinion,. Document filed by NML Capital, Ltd..(Sher, Jeremy) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #447 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #447 Notice of Appeal filed by NML Capital, Ltd., #446 Order, #211 Order, Terminate Motions, #107 Notice of Appeal filed by The Republic of Argentina, #94 Order on Motion to Vacate,,,,,,, #284 USCA Order,,,, #207 Appeal Record Sent to USCA - Index, #77 Protective Order, #372 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #192 Notice of Appeal, filed by The Republic of Argentina, #355 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #311 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #276 Endorsed Letter, #344 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #323 Notice of Appeal filed by Banco Central de la Republica Argentina, #342 USCA Mandate, #215 Notice of Appeal filed by Banco De La Nacion Argentina, #122 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #81 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #65 Order on Motion to Dismiss, #369 Memorandum & Opinion,,,,,,, #318 Memorandum & Opinion,, #371 Declaration in Support of Motion,, filed by NML Capital, Ltd., #290 Order,,,, #125 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #332 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #312 Joinder, filed by The Republic of Argentina, #321 Endorsed Letter, Set Deadlines/Hearings,, #156 Endorsed Letter, #103 Order Issuing Maritime Attachment and Garnishment, #357 Stipulation and Order, Consent Order,, #346 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #63 Order on Motion to Amend/Correct, #138 Order, Set Motion and R&R Deadlines/Hearings,,,, #193 Endorsed Letter, Set Deadlines/Hearings,,,, #286 Endorsed Letter, #293 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #152 Memo Endorsement, Add and Terminate Attorneys,, #380 Declaration in Support of Motion,, filed by NML Capital, Ltd., #199 Notice of Appeal filed by The Republic of Argentina, #351 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #374 Joinder filed by The Republic of Argentina, #379 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #83 Protective Order, #210 Memorandum & Opinion, #295 Stipulation and Order,,,,,,, #274 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #76 USCA Mandate, #301 Brief filed by NML Capital, Ltd., #181 Order, Set Deadlines/Hearings,,,,,,,, #330 Declaration in Support of Motion, filed by The Republic of Argentina, #313 Joinder, filed by The Republic of Argentina, #287 Reply Memorandum of Law in Support, filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #338 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #306 Order, #168 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #368 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #358 Order, #116 Notice of Appearance filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #294 Declaration in Support of Motion,,,,, filed by NML Capital, Ltd., #302 Declaration,,,,, filed by NML Capital, Ltd., #82 Endorsed Letter, Set Deadlines,, #56 Costs Taxed, #326 Appeal Record Sent to USCA - Index, #102 Order,, #296 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #334 Stipulation and Order, Set Deadlines/Hearings,,,,,, #298 Reply Memorandum of Law, filed by NML Capital, Ltd., #325 Order,, #164 Memorandum & Opinion, #340 Notice of Appeal filed by NML Capital, Ltd., #377 Endorsed Letter, Set Deadlines,,,,,, #196 Amended Judgment, #373 Notice of Appeal filed by The Republic of Argentina, #167 Memorandum & Opinion, #352 Stipulation and Order, Set Scheduling Order Deadlines,,,, #121 Order Striking Document from Record, #158 Order,,,,, #320 Order,,,, #124 Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #29 Stipulation and Order, #360 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #356 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #100 Endorsed Letter, Set Deadlines,,,,,, #304 Declaration,, filed by NML Capital, Ltd., #366 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #62 USCA Mandate, #361 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #118 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #235 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #163 Order, #262 Memorandum & Opinion,,,, #151 Order, #335 Memorandum & Opinion, #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #347 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #324 Notice of Appeal filed by The Republic of Argentina, #178 Order, #263 Stipulation and Order, Set Deadlines/Hearings,, #153 Endorsed Letter, #188 Order,,,,,, #119 Stipulation and Order, #375 Declaration filed by The Republic of Argentina, #362 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #189 Memorandum & Opinion, #186 Order on Motion for Leave to File Document, #117 Memorandum & Opinion,,, #165 Amended Notice of Appeal filed by The Republic of Argentina, #350 Declaration in Support of Motion, filed by The Republic of Argentina, #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #341 Declaration,,, filed by NML Capital, Ltd., #337 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #327 Appeal Record Sent to USCA - Index, #367 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #147 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #382 Declaration in Support of Motion, filed by NML Capital, Ltd., #299 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and. filed by NML Capital, Ltd., #99 Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, #381 Declaration in Support of Motion,, filed by NML Capital, Ltd., #333 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #307 Order,,, #365 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #363 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #310 Response filed by Banco Central de la Republica Argentina, #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #208 Order to Show Cause,,,,,,,, #308 Order, #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #177 Protective Order, #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #209 Order, #292 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS) Filed by EM Ltd. and. filed by NML Capital, Ltd., #57 USCA Order - Other, #353 Stipulation and Order, Set Deadlines/Hearings,,,, #288 Endorsed Letter, Set Deadlines,, #36 Order, #354 USCA Mandate, #322 Order, #376 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #348 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #297 Declaration filed by NML Capital, Ltd., #289 Order,,,,,, #162 Memorandum & Opinion,,, #101 Appeal Record Sent to USCA - Index, #216 Notice of Appeal filed by The Republic of Argentina, #200 Notice of Appeal, filed by NML Capital, Ltd., #123 Declaration in Opposition, filed by GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt Fund, #336 Stipulation and Order, #331 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #345 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #190 Judgment, #359 Order, #413 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #414 Endorsed Letter, Set Deadlines/Hearings, #386 Endorsed Letter, #444 USCA Mandate, #411 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #416 MOTION to Vacate #407 Order on Motion to Attach, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #393 Memorandum of Law in Opposition to Motion filed by Banco De La Nacion Argentina, #398 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #404 Declaration in Support of Motion,, filed by NML Capital, Ltd., #391 Declaration, filed by NML Capital, Ltd., #442 Memorandum & Opinion, #389 Declaration filed by NML Capital, Ltd., #406 Certificate of Service Other, filed by NML Capital, Ltd., #384 Endorsed Letter, #405 Affidavit of Service Other, filed by NML Capital, Ltd., #430 Declaration in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #392 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #421 Declaration in Support of Motion, filed by Empresa Argentina de Soluci |
| Transmission of Notice of Appeal to the District Judge re: #447 Notice of Appeal. (nd) |
| USCA Appeal Fees received $ 455.00 receipt number 12465400014 on 10/3/2011 re: #445 Notice of Appeal filed by The Republic of Argentina. (tp) |
|
Filing 446
ORDER: On September 20, 2011, the Republic requested via letter that the court stay its ruling pending appeal and issue a certification pursuant to 28 U.S.C. 1292(b). The Republic's requests are denied. (Signed by Judge Thomas P. Griesa on 10/4/2011) (jfe)
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| Transmission of Notice of Appeal to the District Judge re: #445 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #445 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #211 Order, Terminate Motions, #107 Notice of Appeal filed by The Republic of Argentina, #94 Order on Motion to Vacate,,,,,,, #284 USCA Order,,,, #207 Appeal Record Sent to USCA - Index, #77 Protective Order, #372 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #192 Notice of Appeal, filed by The Republic of Argentina, #355 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #311 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #276 Endorsed Letter, #344 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #323 Notice of Appeal filed by Banco Central de la Republica Argentina, #342 USCA Mandate, #215 Notice of Appeal filed by Banco De La Nacion Argentina, #122 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #81 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #65 Order on Motion to Dismiss, #369 Memorandum & Opinion,,,,,,, #318 Memorandum & Opinion,, #371 Declaration in Support of Motion,, filed by NML Capital, Ltd., #290 Order,,,, #125 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #332 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #312 Joinder, filed by The Republic of Argentina, #321 Endorsed Letter, Set Deadlines/Hearings,, #156 Endorsed Letter, #103 Order Issuing Maritime Attachment and Garnishment, #357 Stipulation and Order, Consent Order,, #346 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #63 Order on Motion to Amend/Correct, #138 Order, Set Motion and R&R Deadlines/Hearings,,,, #193 Endorsed Letter, Set Deadlines/Hearings,,,, #286 Endorsed Letter, #293 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #152 Memo Endorsement, Add and Terminate Attorneys,, #380 Declaration in Support of Motion,, filed by NML Capital, Ltd., #199 Notice of Appeal filed by The Republic of Argentina, #351 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #374 Joinder filed by The Republic of Argentina, #379 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #83 Protective Order, #210 Memorandum & Opinion, #295 Stipulation and Order,,,,,,, #274 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #76 USCA Mandate, #301 Brief filed by NML Capital, Ltd., #181 Order, Set Deadlines/Hearings,,,,,,,, #330 Declaration in Support of Motion, filed by The Republic of Argentina, #313 Joinder, filed by The Republic of Argentina, #287 Reply Memorandum of Law in Support, filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #338 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #306 Order, #168 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #368 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #358 Order, #116 Notice of Appearance filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #294 Declaration in Support of Motion,,,,, filed by NML Capital, Ltd., #302 Declaration,,,,, filed by NML Capital, Ltd., #82 Endorsed Letter, Set Deadlines,, #56 Costs Taxed, #326 Appeal Record Sent to USCA - Index, #102 Order,, #296 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #334 Stipulation and Order, Set Deadlines/Hearings,,,,,, #298 Reply Memorandum of Law, filed by NML Capital, Ltd., #325 Order,, #164 Memorandum & Opinion, #340 Notice of Appeal filed by NML Capital, Ltd., #377 Endorsed Letter, Set Deadlines,,,,,, #196 Amended Judgment, #373 Notice of Appeal filed by The Republic of Argentina, #167 Memorandum & Opinion, #352 Stipulation and Order, Set Scheduling Order Deadlines,,,, #121 Order Striking Document from Record, #158 Order,,,,, #320 Order,,,, #124 Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #29 Stipulation and Order, #360 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #356 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #100 Endorsed Letter, Set Deadlines,,,,,, #304 Declaration,, filed by NML Capital, Ltd., #366 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #62 USCA Mandate, #361 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #118 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #235 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #163 Order, #262 Memorandum & Opinion,,,, #151 Order, #335 Memorandum & Opinion, #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #347 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #324 Notice of Appeal filed by The Republic of Argentina, #178 Order, #263 Stipulation and Order, Set Deadlines/Hearings,, #153 Endorsed Letter, #188 Order,,,,,, #119 Stipulation and Order, #375 Declaration filed by The Republic of Argentina, #362 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #189 Memorandum & Opinion, #186 Order on Motion for Leave to File Document, #117 Memorandum & Opinion,,, #165 Amended Notice of Appeal filed by The Republic of Argentina, #350 Declaration in Support of Motion, filed by The Republic of Argentina, #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #341 Declaration,,, filed by NML Capital, Ltd., #337 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #327 Appeal Record Sent to USCA - Index, #367 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #147 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #382 Declaration in Support of Motion, filed by NML Capital, Ltd., #299 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and. filed by NML Capital, Ltd., #99 Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, #381 Declaration in Support of Motion,, filed by NML Capital, Ltd., #333 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #307 Order,,, #365 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #363 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #310 Response filed by Banco Central de la Republica Argentina, #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #208 Order to Show Cause,,,,,,,, #308 Order, #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #177 Protective Order, #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #209 Order, #292 MOTION for Writ of Attachment, Restraint and Execution (OMNIBUS) Filed by EM Ltd. and. filed by NML Capital, Ltd., #57 USCA Order - Other, #353 Stipulation and Order, Set Deadlines/Hearings,,,, #288 Endorsed Letter, Set Deadlines,, #36 Order, #354 USCA Mandate, #322 Order, #376 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #348 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #297 Declaration filed by NML Capital, Ltd., #289 Order,,,,,, #162 Memorandum & Opinion,,, #101 Appeal Record Sent to USCA - Index, #216 Notice of Appeal filed by The Republic of Argentina, #200 Notice of Appeal, filed by NML Capital, Ltd., #123 Declaration in Opposition, filed by GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt Fund, #336 Stipulation and Order, #331 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #345 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #190 Judgment, #359 Order, #413 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #414 Endorsed Letter, Set Deadlines/Hearings, #386 Endorsed Letter, #444 USCA Mandate, #411 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #416 MOTION to Vacate #407 Order on Motion to Attach, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #393 Memorandum of Law in Opposition to Motion filed by Banco De La Nacion Argentina, #398 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #404 Declaration in Support of Motion,, filed by NML Capital, Ltd., #391 Declaration, filed by NML Capital, Ltd., #442 Memorandum & Opinion, #389 Declaration filed by NML Capital, Ltd., #406 Certificate of Service Other, filed by NML Capital, Ltd., #384 Endorsed Letter, #405 Affidavit of Service Other, filed by NML Capital, Ltd., #430 Declaration in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #392 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #421 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #426 Reply Memorandum of Law in S |
| Filing 447 NOTICE OF APPEAL [ Filed in Night Deposit Box ] from #433 Opinion, #440 Opinion,. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number 465401018195. (nd) |
| Filing 445 NOTICE OF APPEAL from #441 Memorandum & Opinion. Document filed by The Republic of Argentina. (tp) |
| Appeal Remark as to #445 Notice of Appeal filed by The Republic of Argentina. $455.00 APPEAL FEE DUE. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #443 USCA Mandate,,. (nd) |
| Filing 444 MANDATE of USCA (Certified Copy) as to #199 Notice of Appeal filed by The Republic of Argentina, #200 Notice of Appeal, filed by NML Capital, Ltd. USCA Case Number 09-2707-cv(L). Upon due consideration, it is hereby Ordered, Adjudged, and Decreed that the amended judgment entered on June 16, 2009, in Nos. 09-2708-cv(con) (sdny # 05cv2434) and 09-2867-cv(xap) (sdny # 05cv2434) is AFFIRMED in part and VACATED in part, and the judgments entered on June 1, 16, and 26, 2009, and February 2, 2010, the remaining above-captioned actions are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/15/2011. (nd) |
| Filing 443 MANDATE of USCA (Certified Copy) as to #199 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 09-2707-cv(L). Upon due consideration, it is hereby Ordered, Adjudged, and Decreed that the amended judgment entered on June 16, 2009, in Nos. 09-2708-cv(con) (sdny # 05cv2434) and 09-2867-cv(xap) (sdny # 05cv2434) is AFFIRMED in part and VACATED in part, and the judgments entered on June 1, 16, and 26, 2009, and February 2, 2010, the remaining above-captioned actions are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/15/2011. (nd) |
| Filing 442 OPINION: The Court grants the motion to quash the subpoena and denies the motion to compel compliance therewith. The Court will discuss with the parties other means of discovery to obtain the information which plaintiffs are now legitimately seeking. This opinion resolves the motions listed as documents numbers 358 and 375 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 441 OPINION: For the reasons stated on the record at the hearing on August 30, 2011, the court grants Plaintiffs motion to compel Bank of America and BNA to comply with the subpoenas, subject to modifications of details. The Court denies the Republic's motion to quash the subpoena served on Bank of America. The opinion resolves the motions listed as document numbers 306 and 365 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 440 OPINION: On May 6. 2011 NML Capital, Ltd. Moved for reconsideration of the Court's April 22, 2011 opinion. For the reasons stated on the record at the hearing held on August 30, 2011, the court denies plaintiff's motion. This opinion resolves the motion listed as document number 435 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 439 NOTICE OF APPEARANCE by Edward David Sherwin on behalf of Bank for International Settlements, Jaime Caruana (Sherwin, Edward) |
| Filing 438 REPLY MEMORANDUM OF LAW in Support re: #434 MOTION for Reconsideration re; #433 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 437 JOINDER to join re: #436 Memorandum of Law in Opposition to Motion ,with Certificate of Service of Richard V. Conza, dated May 20, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 436 MEMORANDUM OF LAW in Opposition re: #434 MOTION for Reconsideration re; #433 Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 435 MEMORANDUM OF LAW in Support re: #434 MOTION for Reconsideration re; #433 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 434 MOTION for Reconsideration re; #433 Memorandum & Opinion,. Document filed by NML Capital, Ltd..(Jacob, Charles) |
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Filing 433
OPINION: NML's motion to confirm the order of attachment is denied. The cross-motion of AR-SAT and the Republic is granted, and the February 7, 2011 order of attachment is vacated. The court denies AR-SAT's cross motion for damages. This opinion resolves the motions listed as document numbers 406, 417, and 422 in case 03 Civ. 8845, as well as the same motions in the related cases. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/21/2011) (lnl)
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| Filing 432 CERTIFICATE OF SERVICE of Brendan Cyr re #428 on April 14, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 431 DECLARATION of Federico Dosztal in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 430 DECLARATION of Steven M. Hecht in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 429 REPLY MEMORANDUM OF LAW in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 428 REPLY MEMORANDUM OF LAW in Support re: #417 MOTION to Vacate #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 427 REPLY AFFIRMATION of Charles R. Jacob III in Support re: #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Jacob, Charles) |
| Filing 426 REPLY MEMORANDUM OF LAW in Support re: #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 425 MEMORANDUM OF LAW in Opposition re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 424 CERTIFICATE OF SERVICE of Richard V. Conza on March 22, 2011, re: #417 , #418 , #423 . Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 423 MEMORANDUM OF LAW of the Republic of Argentina in Opposition to Plaintiff's Motion to Confirm Ex Parte Attachment Order and in Support of Motion to Vacate Order, dated March 22, 2011, re: #408 , #417 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 422 DECLARATION of Mariano Goldschmidt in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,., #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 421 DECLARATION of Joaquina Maria Berraondo in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,., #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hecht, Steven) |
| Filing 420 DECLARATION of Steven M. Hecht in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,., #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hecht, Steven) |
| Filing 419 MEMORANDUM OF LAW in Support re: #416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,., #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. AND IN OPPOSITION TO MOTION TO CONFIRM THE ORDER OF ATTACHMENT DATED FEBRUARY 7, 2011. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 418 DECLARATION of Sara A. Sanchez re: #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011., #417 MOTION to Vacate #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Declaration dated March 22, 2011, with exhibits A-D. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 417 MOTION to Vacate #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 416 MOTION to Vacate #407 Order on Motion to Attach,,,,,,,. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). Return Date set for 4/14/2011 at 09:00 AM. (Attachments: #1 Text of Proposed Order)(Hecht, Steven) |
| Filing 415 REPLY MEMORANDUM OF LAW regarding Motions to Quash and to Compel. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 414
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Steven Hecht dated 3/2/11 re: All parties have agreed on the briefing schedule for plaintiff's motion to confirm the order of attachment dated 2/7/11. ENDORSEMENT: Approved. ( Responses due by 3/22/2011, Replies due by 4/6/2011.) (Signed by Judge Thomas P. Griesa on 3/4/11) (cd)
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| Filing 413 NOTICE OF APPEARANCE by Kevin Michael Brennan on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Brennan, Kevin) |
| Filing 412 NOTICE OF APPEARANCE by Steven Michael Hecht on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Hecht, Steven) |
| Filing 411 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 2/25/2011, re: We represent plaintiff NML Capital, Ltd. in the above-captioned actions and write on behalf of NML and plaintiff EM Ltd. (together "Plaintiffs"), to request a brief extension of the due date for Plaintiffs' reply submission in further support of its motions to compel compliance with certain subpoenas, and in opposition to the motions to quash those subpoenas. That submission is currently due on March 1, 2011; Plaintiffs request an extension until March 4. Neither defendant the Republic of Argentina, nor nonparties the Bank for International Settlements, Jaime Caruana, Banco de la Nacion Argentina or Bank of America objects to this request. In compliance with the Court's Individual Practice I.E, Plaintiffs disclose that several requests for extensions of time have been made in connection with the affected motions-all of which were by consent, and none of which was denied. ENDORSEMENT: Approved. Set Deadline as to #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents: Replies due by 3/4/2011. (Signed by Judge Thomas P. Griesa on 2/28/2011) (lnl) |
| Filing 410 DECLARATION of Charles R. Jacob III in Support re: #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Sher, Jeremy) |
| Filing 409 MEMORANDUM OF LAW in Support re: #408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 408 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Document filed by NML Capital, Ltd.. Return Date set for 3/14/2011 at 09:30 AM.(Sher, Jeremy) |
|
Filing 407
ORDER OF ATTACHMENT granting #402 Motion to Attach in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for NML in all of the Pending NML Actions, and that the amount to be secured by this Order is $2,521,083,692.38 and as further set forth herein; FURTHER ORDERED that the attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that NML pay Argentina' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment Order if it is decided that NML is not entitled to an attachment of the Properly described above and is ordered to compensate Argentina; and it is FURTHER ORDERED that the garnishee statement required by CPLR 6219 shall be served via email and first class email, within 5 days of service on you with this Attachment Order, upon Charles R. Jacob III, Esq., Miller & Wrubel P.C., 570 Lexington Avenue, New York, NY 10022, cjacob@mw-law.com; and it is FURTHER ORDERED that you, your agents, subdivisions, officers, employees, and attorneys, and all persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Attachment Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt; (Signed by Judge Thomas P. Griesa on 2/7/11) (djc)
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| Appeal Record Returned. [5 vols.] Indexed record on Appeal Files for Appeal Record Sent to USCA - File, USCA Case Number 08-5623, returned from the U.S. Court of Appeals. (nd) |
| Filing 406 CERTIFICATE OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 9, 2011. Service was accepted by Audrey Acchione, person authorized to accept service. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 405 AFFIDAVIT OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 8, 2011. Service was accepted by CSC (Corporate Services Company) as registered agent. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 404 DECLARATION of Charles R. Jacob III in Support re: #402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Sher, Jeremy) |
| Filing 403 MEMORANDUM OF LAW in Support re: #402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 402 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. Document filed by NML Capital, Ltd..(Sher, Jeremy) |
| Filing 401 CERTIFICATE OF SERVICE of Richard V. Conza re #399 and #400 on February 10, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 400 DECLARATION of Rachel Goldbrenner , Dated February 10, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 399 MEMORANDUM OF LAW /Supplemental Memorandum of Law of the Republic of Argentina in Support of Motions to Quash and in Opposition to Motions to Compel Subpoenas, Dated February 10, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 398 DECLARATION of Hermann Greve in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 397 DECLARATION of Prof Dr. Ramon Mabillard LL.M. in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 396 REPLY MEMORANDUM OF LAW in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. and in Opposition to the Plaintiffs' Cross-Motion to Compel. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 395 DECLARATION of Miguel Angel Mandrile in Opposition re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 394 DECLARATION of Eduardo Alberto Barreira Delfino in Opposition re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 393 MEMORANDUM OF LAW in Opposition re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 392 DECLARATION of Mark S. Sullivan in Opposition re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit exhibit 1, #2 Exhibit exhibit 2, #3 Exhibit exhibit 3, #4 Exhibit exhibit 4, #5 Exhibit exhibit 5)(Sullivan, Mark) |
| Filing 391 DECLARATION of Eric C. Kirsch. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Cohen, Robert) |
| Filing 390 DECLARATION of CHARLES R. JACOB. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 389 DECLARATION of ROSSANA SALARIS IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY BANK OF AMERICA, N.A. AND IN OPPOSITION TO MOTION TO QUASH SUBPOENA. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 388 DECLARATION of ERIC C. KIRSCH. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B PT 1 OF 2, #3 Exhibit B PT 2 OF 2, #4 Exhibit C)(Cohen, Robert) |
| Filing 387 SUPPLEMENTAL MEMORANDUM OF LAW REGARDING MOTIONS TO QUASH AND COMPEL. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 386 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 1/11/2011, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and as directed by the Court at the end of the December 17, 2010 motion conference in these actions (the "Motion Conference"), write on behalf of NML and EM Ltd. (together "Plaintiffs"), nonparties the Bank for International Settlements and Jaime Caruana (together, the "BIS Nonparties"), nonparty Banco de la Nacion Argentina ("BNA"), nonparty Bank of America ("BofA") and defendant the Republic of Argentina (the "Republic") to propose a schedule for further briefing in connection with various discovery-related motions now pending in these actions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/13/2011) (lnl) |
| Set Deadline as to #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. BIS Reply Memorandum due by 2/10/2011. (lnl) |
| Set Deadline as to #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Plaintiffs' Reply Memorandum due by 3/1/2011. (lnl) |
| Filing 385 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Mark S. Sullivan, dated 11/30/2010, re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the revised briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 10, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; January 13, 2011: Plaintiff's reply memorandum in support of Motion, and any supporting papers. The Court previously endorsed a briefing schedule with the respective papers due on December 1 and December 15. However, logistics issues, including the translation of documents, caused BNA to request the revised schedule, to which all of the parties have consented. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl) |
| Filing 384 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 12/1/2010, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write on behalf of NML and EM Ltd. ("EM", and together with NML "Plaintiffs"), and non parties Jaime Caruana and the Sank for International Settlements ("BIS"), to request an adjournment of the schedule for further briefing on Mr. Caruana and the BIS's pending motion to quash, and Plaintiffs' pending cross motion to compel (collectively, the "BIS Motions"). The parties have agreed to the following proposed schedule for further briefing on the BIS Motions: December 21, 2010 Mr. Caruana and the BIS's reply in support of motion to quash and opposition to motion to compel January 14, 2011 Plaintiffs' reply in support of motion to compel. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl) |
| First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 10-4475-cv, Certified Supplemental Indexed record on Appeal Electronic Files for #211 Order, Terminate Motions, #107 Notice of Appeal filed by The Republic of Argentina, #94 Order on Motion to Vacate,,,,,,, #284 USCA Order,,,, #207 Appeal Record Sent to USCA - Index, #77 Protective Order, #372 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #192 Notice of Appeal, filed by The Republic of Argentina, #355 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #311 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #276 Endorsed Letter, #344 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #323 Notice of Appeal filed by Banco Central de la Republica Argentina, #342 USCA Mandate, #215 Notice of Appeal filed by Banco De La Nacion Argentina, #122 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #81 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #65 Order on Motion to Dismiss, #369 Memorandum & Opinion,,,,,,, #318 Memorandum & Opinion,, #371 Declaration in Support of Motion,, filed by NML Capital, Ltd., #290 Order,,,, #125 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #332 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #312 Joinder, filed by The Republic of Argentina, #321 Endorsed Letter, Set Deadlines/Hearings,, #156 Endorsed Letter, #103 Order Issuing Maritime Attachment and Garnishment, #357 Stipulation and Order, Consent Order,, #346 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #63 Order on Motion to Amend/Correct, #138 Order, Set Motion and R&R Deadlines/Hearings,,,, #193 Endorsed Letter, Set Deadlines/Hearings,,,, #286 Endorsed Letter, #293 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #152 Memo Endorsement, Add and Terminate Attorneys,, #380 Declaration in Support of Motion,, filed by NML Capital, Ltd., #199 Notice of Appeal filed by The Republic of Argentina, #351 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #374 Joinder filed by The Republic of Argentina, #379 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #83 Protective Order, #210 Memorandum & Opinion, #295 Stipulation and Order,,,,,,, #274 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #76 USCA Mandate, #301 Brief filed by NML Capital, Ltd., #181 Order, Set Deadlines/Hearings,,,,,,,, #330 Declaration in Support of Motion, filed by The Republic of Argentina, #313 Joinder, filed by The Republic of Argentina, #287 Reply Memorandum of Law in Support, filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #338 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #306 Order, #168 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #368 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #358 Order, #116 Notice of Appearance filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #294 Declaration in Support of Motion,,,,, filed by NML Capital, Ltd., #302 Declaration,,,,, filed by NML Capital, Ltd., #82 Endorsed Letter, Set Deadlines,, #56 Costs Taxed, #326 Appeal Record Sent to USCA - Index, #102 Order,, #296 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #334 Stipulation and Order, Set Deadlines/Hearings,,,,,, #298 Reply Memorandum of Law, filed by NML Capital, Ltd., #325 Order,, #164 Memorandum & Opinion, #340 Notice of Appeal filed by NML Capital, Ltd., #377 Endorsed Letter, Set Deadlines,,,,,, #196 Amended Judgment, #373 Notice of Appeal filed by The Republic of Argentina, #167 Memorandum & Opinion, #352 Stipulation and Order, Set Scheduling Order Deadlines,,,, #121 Order Striking Document from Record, #158 Order,,,,, #320 Order,,,, #124 Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #29 Stipulation and Order, #360 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #356 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #100 Endorsed Letter, Set Deadlines,,,,,, #304 Declaration,, filed by NML Capital, Ltd., #366 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #62 USCA Mandate, #361 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #118 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #235 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #163 Order, #262 Memorandum & Opinion,,,, #151 Order, #335 Memorandum & Opinion, #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #347 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #324 Notice of Appeal filed by The Republic of Argentina, #178 Order, #263 Stipulation and Order, Set Deadlines/Hearings,, #153 Endorsed Letter, #188 Order,,,,,, #119 Stipulation and Order, #375 Declaration filed by The Republic of Argentina, #362 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #189 Memorandum & Opinion, #186 Order on Motion for Leave to File Document, #117 Memorandum & Opinion,,, #165 Amended Notice of Appeal filed by The Republic of Argentina, #350 Declaration in Support of Motion, filed by The Republic of Argentina, #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #341 Declaration,,, filed by NML Capital, Ltd., #337 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #327 Appeal Record Sent to USCA - Index, #367 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #147 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #382 Declaration in Support of Motion, filed by NML Capital, Ltd., #299 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and. filed by NML Capital, Ltd., #99 Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, #381 Declaration in Support of Motion,, filed by NML Capital, Ltd., #333 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #307 Order,,, #365 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #363 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #310 Response filed by Banco Central de la Republica Argentina, #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #208 Order to Show Cause,,,,,,,, #308 Order, #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #177 Protective Order, #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #209 Order, #292 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS) Filed by EM Ltd. and. filed by NML Capital, Ltd., #57 USCA Order - Other, #353 Stipulation and Order, Set Deadlines/Hearings,,,, #288 Endorsed Letter, Set Deadlines,, #36 Order, #354 USCA Mandate, #322 Order, #376 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #348 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #297 Declaration filed by NML Capital, Ltd., #289 Order,,,,,, #162 Memorandum & Opinion,,, #101 Appeal Record Sent to USCA - Index, #216 Notice of Appeal filed by The Republic of Argentina, #200 Notice of Appeal, filed by NML Capital, Ltd., #123 Declaration in Opposition, filed by GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt Fund, #336 Stipulation and Order, #331 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #345 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #190 Judgment, #359 Order were transmitted to the U.S. Court of Appeals. 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| Filing 383 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #373 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4475-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (Additional attachment(s) added on 12/2/2010: #1 part 2, pages 16-3) (nd). |
| Filing 382 DECLARATION of Saverio Lembo in Opposition to Motion to Quash Subpoena and in Support re: #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 381 DECLARATION of Alex Cukierman Ph.D in Opposition to Motion to Quash Subpoena and in Support re: #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 PT 1OF 3, #10 Exhibit 9 PT 2OF 3, #11 Exhibit 9 PT 3OF3, #12 Exhibit 10 PT1OF2, #13 Exhibit 10 PT 2OF2, #14 Exhibit 11, #15 Exhibit 12)(Hranitzky, Dennis) |
| Filing 380 DECLARATION of Dennis H. Hranitzky in Opposition to Motion to Quash Subpoena and in Support re: #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C PT I OF 2, #4 Exhibit C PT 2 OF 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Hranitzky, Dennis) |
| Filing 379 MEMORANDUM OF LAW in Support re: #378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. and in Opposition to Motion to Quash Subpoena. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 378 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
| Filing 377 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated November 4, 2010 re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the following, agreed briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 1, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; December 15, 2010: Plaintiff's reply memorandum in support of Motion, and any supporting papers. ENDORSEMENT: Approved. ( Responses due by 12/1/2010, Replies due by 12/15/2010.) (Signed by Judge Thomas P. Griesa on 11/8/20/10) (jmi) Modified on 11/10/2010 (jmi). |
| Filing 375 DECLARATION of Rachel Goldbrenner, dated November 3, 2010, re: #374 Joinder, #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 374 JOINDER to join re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #373 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #373 Notice of Appeal. (nd) |
| Filing 372 MEMORANDUM OF LAW in Support re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 371 DECLARATION of Joshua I. Sherman in Support re: #370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Cohen, Robert) |
| Filing 370 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 373 NOTICE OF APPEAL from #369 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 920152. (nd) |
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Filing 376
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 10/25/2010 re: Counsel request that the Court endorse the following, agreed briefing schedule for the non-parties' October 21, 2010 Motion to Quash the Subpoena Served on Jaime Caruana (the "Motion"): November 19, 2010: Plaintiffs memorandum in opposition to Motion, and any supporting papers (otherwise due October 28, 2010); December 10, 2010: Non-parties' reply memorandum in support of Motion, and any supporting papers (otherwise due November 1, 2010). ENDORSEMENT: Approved. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/26/2010) (jfe)
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| Filing 368 DECLARATION of Dr. Ramon Mabillard in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Wagner, Karen) |
| Filing 367 DECLARATION of Hermann Greve in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
| Filing 366 DECLARATION of Jaime Caruana in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
| Filing 365 MEMORANDUM OF LAW in Support re: #364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 364 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen) |
| Filing 363 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen) |
| Filing 362 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Bank for International Settlements, Jaime Caruana (Kerr, James) |
| Filing 361 NOTICE OF APPEARANCE by Jennifer Gillian Newstead on behalf of Bank for International Settlements, Jaime Caruana (Newstead, Jennifer) |
| Filing 360 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Jaime Caruana, Bank for International Settlements (Wagner, Karen) |
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Filing 359
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 369
OPINION #99509 re: 97 MOTION for Reconsideration, filed by EM Ltd., NML Capital, Ltd., 111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd., filed by EM Ltd., 129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010, filed by The Republic of Argentina, 112 MOTION for Attachment Asset Pledge Plaintiffs' Ex Parte Motion for Attachment of Assets (Related to Document Nos. 109 and 110), filed on behalf of EM Ltd. and NML Capital Ltd.. MOTION for Attachment Asset Pledge Plaintiffs' Ex Parte Motion for Attachment of Assets (Related to Document Nos. 109 and 110), filed on behalf of EM Ltd. and NML Capital Ltd., filed by EM Ltd., 116 MOTION confirm Order of Attachment entered on May 28, 2010,filed by NML Capital, Ltd., 123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010, filed by Banco De La Nacion Argentina. CONCLUSION: The court grants plaintiffs' 10/15/09 motion for reconsideration, vacates the dismissal of the separate alter ego action, and confirms the validity of the attachment of the AMPCT account as of 9/12/08. The court grants the motion to amend the complaint in the separate alter ego action. The court denies the motion to confirm the 5/28/10 order attaching the ANPTC account as of 5/28/10 and grants the Republic's cross-motion to vacate. This opinion resolves the motions listed as document numbers 97,111,112,116,123, and 129 in the case with docket number 08 cv 7974, as well as the same motions listed on the related docket numbers (03-2507, 03-8845, 05-2434, 06-6466, 07-1910, 07-2690, 07-6563, 08-2541, 08-3302, 08-6978). (Signed by Judge Thomas P. Griesa on 9/30/10) (cd) Modified on 10/4/2010 (ajc). (cd). (Entered: 11/01/2010)
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Filing 358
ORDER. ORDERED, that the levy upon certain assets in the possession of U.S. Bank Trust National Association effected by the Order of Attachment dated May 22, 2007, as modified by the October 1, 2007 Stipulation and Consent Order Filed Under Seal (which assets are described in that Order of Attachment, as modified), and which was previously extended by this Court in an Order dated January 5, 2009, is extended until further order of this Court. (Signed by Judge Thomas P. Griesa on 9/27/10) (djc)
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Filing 357
STIPULATION AND CONSENT ORDER: Now, THEREFORE, it is STIPULATED and AGREED by and among Plaintiffs, BNA and the Republic, and hereby: ORDERED that the 2008 Orders and the 2010 Order, as they relate to property of BNA, are hereby vacated and, as a result, no restraints, attachments or other restrictions remain on any property of BNA, including but not limited to the Asset Pledge Accounts, the HSBC Account and the JP Morgan Chase Account. (Signed by Judge Thomas P. Griesa on 9/24/2010) (jfe)
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| Filing 356 REPLY MEMORANDUM OF LAW in Support re: #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine) |
| Filing 355 REPLY MEMORANDUM OF LAW in Opposition re: 270 MOTION for Reconsideration.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Transmission of USCA Mandate/Order to the District Judge re: #354 USCA Mandate. (tp) |
| Filing 354 MANDATE of USCA (Certified Copy) as to #215 Notice of Appeal filed by Banco De La Nacion Argentina, #216 Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-3926-cv; 09-3937-cv. It is hereby Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/27/10. (tp) |
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Filing 353
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: It is hereby stipulated and agreed by and between the parties that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers by September 21,2010. (Signed by Judge Thomas P. Griesa on 8/13/2010) (jpo) Modified on 8/31/2010 (jpo).
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Filing 352
STIPULATION AND ORDER, that 1. With respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. 2. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before September 21, 2010. (Signed by Judge Thomas P. Griesa on 8/13/10) (pl)
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| Filing 351 MEMORANDUM OF LAW in Support re: #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. /Memorandum of Law of The Republic of Argentina in Support of Motion to Vacate the 2010 Orders and in Opposition to Plaintiffs Motions (i) to Confirm the 2010 Orders; (ii) For Reconsideration of Alter Ego Decision; and (iii) to Amend Alter Ego Complaint, dated July 30, 2010. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 350 DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: #349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-O)(Boccuzzi, Carmine) |
| Filing 349 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 348 DECLARATION of Geoffrey P. Miller in Support re: #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sullivan, Mark) |
| Filing 347 DECLARATION of Hernan Del Villar in Support re: #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark) |
| Filing 346 DECLARATION of Eduardo Barreira Delfino in Support re: #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 345 DECLARATION of Juan Carlos Fabrega in Support re: #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit D, Part 3, #7 Exhibit D, Part 4, #8 Exhibit D, Part 5, #9 Exhibit D, Part 6, #10 Exhibit D, Part 7, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H)(Sullivan, Mark) |
| Filing 344 MEMORANDUM OF LAW in Support re: #343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Memorandum of Law of Banco De La Nacion Argentina (1) In Further Opposition to Plaintiffs" Motion For Consideration of the Court's September 30, 2009 Opinion; (2) In Opposition to Plaintiffs' Motion to Confirm and in Support of Its Motion to Vacate May 28, 2010 Ex Parte Attachment Orders and (3) In Opposition to Plaintiff's' Motion for Leave to Amend Their Alter Ego Complaint. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 343 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark) |
| Filing 342 MANDATE of USCA (Certified Copy) as to #340 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 10-2853....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2010. (nd) |
| Filing 341 DECLARATION of Michael Z. Goldman. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Hranitzky, Dennis) |
| Transmission of Notice of Appeal to the District Judge re: #340 Notice of Appeal. (nd) |
| Filing 340 NOTICE OF APPEAL from #335 Memorandum & Opinion. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number E 909083. (nd) |
| Filing 339 MANDATE of USCA (Certified Copy) as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (129 in 1:08-cv-03302-TPG) Notice of Appeal filed by The Republic of Argentina, (192 in 1:05-cv-02434-TPG) Notice of Appeal, filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (144 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01707-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (214 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01708-TPG) Notice of Appeal filed by The Republic of Argentina, (113 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (132 in 1:08-cv-02541-TPG) Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). Ordered, Adjudged and Decreed that the order of the District Court holding Defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: (339 in 1:05-cv-02434-TPG, 210 in 1:07-cv-02690-TPG, 209 in 1:08-cv-06978-TPG, 323 in 1:03-cv-08845-TPG, 212 in 1:07-cv-01910-TPG, 224 in 1:08-cv-03302-TPG, 66 in 1:09-cv-01707-TPG, 73 in 1:05-cv-10380-TPG, 70 in 1:05-cv-10382-TPG, 67 in 1:09-cv-01708-TPG, 395 in 1:03-cv-02507-TPG, 255 in 1:07-cv-02693-TPG, 199 in 1:07-cv-06563-TPG, 261 in 1:06-cv-06466-TPG, 328 in 1:07-cv-11327-TPG, 345 in 1:07-cv-02715-TPG, 227 in 1:08-cv-02541-TPG) USCA Mandate,. (nd) |
| Set/Reset Deadlines: Motions due by 7/30/2010. Replies due by 8/30/2010. Responses due by 8/13/2010 (jfe) |
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Filing 338
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: NOW, THEREFORE, it is STIPULATED and AGREED that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Defendants shall submit their opposition briefs and any supporting papers on or before July 30, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 13, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening briefs and any supporting papers on or before July 30, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 13, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before August 30, 2010. (Signed by Judge Thomas P. Griesa on 7/8/2010) (jfe)
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| Filing 337 REPLY MEMORANDUM OF LAW in Support re: #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #335 Memorandum & Opinion, #332 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #333 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #330 Declaration in Support of Motion, filed by The Republic of Argentina, #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza filed by The Republic of Argentina, #334 Stipulation and Order, Set Deadlines/Hearings, #336 Stipulation and Order, #331 Memorandum of Law in Support of Motion filed by The Republic of Argentina USCA Case Number 10-1487-cv (L), were transmitted to the U.S. Court of Appeals. (tp) |
| MEMORANDUM OF LAW in Support of Defendant's MOTION to Quash. Document filed by Bank of America, N.A. ***Original filed in case number 03-cv-8845, document #319. (mro) |
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Filing 336
STIPULATION TO SUPPLEMENT THE RECORD; This Stipulation to Supplement is entered into this 26th day of May to supplement the record in Case Nos. 03 Civ. 2507, 03 Civ. 8845, 05 Civ. 2434, 06 Civ. 6466, and 06 Civ. 7792 with the material attached hereto as Exhibits 1-39 as further set forth in this Stipulation and Order. So Ordered. (Signed by Judge Thomas P. Griesa on 6/18/2010) (tve)
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Filing 335
OPINION: For the reasons stated in this Opinion, Plaintiffs' motions to confirm the various orders are denied. Defendants' cross-motion to vacate is granted. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo) (jpo).
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Filing 334
STIPULATION AND CONSENT ORDER: It is hereby ordered that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their opening brief and any supporting papers on or before June 30, 2010, Defendants shall submit their opposition brief and any supporting papers on or before July 21, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 4, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening brief and any supporting papers on or before July 21, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 4, 2010 and Defendants shall submit their reply brief and any supporting papers on or before August 18, 2010. With respect to the 2010 Order served on HSBC on May 28, 2010, the attachment is vacated, as set forth in this stipulation. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo)
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| Set Deadlines/Hearings: Motions due by 7/21/2010. Replies due by 8/18/2010. Responses due by 8/4/2010 (jpo) |
| Filing 333 REPLY MEMORANDUM OF LAW in Support re: #311 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 332 REPLY MEMORANDUM OF LAW in Support re: #311 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 331 MEMORANDUM OF LAW in Support re: #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 330 DECLARATION of Carmine Boccuzzi, with Exhibits A-Q in Support re: #329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 329 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 328 SEALED DOCUMENT placed in vault.(cb) |
| Filing 327 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #323 Notice of Appeal filed by Banco Central de la Republica Argentina USCA Case Number 10-1493, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). |
| Filing 326 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #324 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-1603, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (Additional attachment(s) added on 5/11/2010: #1 Part 2) (nd). |
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Filing 325
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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| Transmission of Notice of Appeal to the District Judge re: #324 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #324 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #323 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #323 Notice of Appeal. (nd) |
| Filing 324 NOTICE OF APPEAL from #318 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 901478. (nd) |
| Filing 323 NOTICE OF APPEAL from #318 Memorandum & Opinion. Document filed by Banco Central de la Republica Argentina. Filing fee $ 455.00, receipt number E 901380. (nd) |
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Filing 322
ORDER that the Alter Ego Motion is GRANTED as of 12/30/05; that in accordance with the 9/06 Consent Order, the 12/05 Orders (and all priority obtained thereby) shall continue to apply to the Originally Attached Amount, but the 12/05 Orders shall remain vacated in all other respects, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 4/16/10) (cd)
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Filing 321
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis Hranitzky dated 4/15/10 re: The parties have agreed to the following schedule for further briefing on the 2010 Motions. ENDORSEMENT: So Ordered. ( Reply due by 5/14/2010. Response due by 4/30/2010) (Signed by Judge Thomas P. Griesa on 4/16/10) (cd)
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Filing 320
ORDER, The 2/11 Ex Parte Order is hereby vacated in all respects and replaced by this Order. The 1/10 Ex Parte Orders are hereby vacated as to contract carriers that transport or deliver paper and coin currency from the FRBNY to BCRA, including without limitation the contract-carrier arm of Brinks, with respect to the physical transportation of paper and coin currency from the FRBNY to BCRA in Argentina. In all other respects, the 1/10 Ex Part Orders remain in effect as of the date they were served, pending further order of the Court. The 2/11 Ex Parte Motion and all supporting papers, all papers in opposition to the 2/11 Ex Parte Motion, and all related motions to confirm or vacate the relief granted herein, shall be treated by all parties as "Highly Confidential Information" and filed under seal in accordance with the provisions of the Stipulated Protective Order dated 9/10/08 attached hereto as Annex A.....Nothing herein shall constitute an express or implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 3/8/20) (cd)
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| ***DELETED DOCUMENT. Deleted document number 319 OPINION. The document was incorrectly filed in this case. (jfe) |
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Filing 318
OPINION Plaintiffs' motions for attachment and restraints, as defined earlier in this opinion, are granted. Settle order. September 2006 the two plaintiffs in the above cases moved for provisional relief with respect to approximately $100 million deposited by the Central Bank of Argentina ("BCRA") in the Federal Reserve Bank of New York ("FRBNY"). The purpose was to secure expected judgments, and to secure a judgment actually entered, against the Republic of Argentina in cases based on the Republic's default on its bond indebtedness. The motions are granted as set for in this opinion. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/7/2010) (jmi) Modified on 4/19/2010 (jpo).
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| Filing 317 CERTIFICATE OF SERVICE of Cross Motion to Vacate and Quash, Memorandum of Law, BCRA's Response, Declaration of Michael J. Ushkow served on David W. Rivkin, Esq, et al on 3/26/10. Service was made by email and federal express.(mro) |
| Filing 316 CR0SS-MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de La Republica Argentina.(mro) |
| Filing 315 BANCO CENTRAL DE LA RUPUBLICA ARGENTINA'S RESPONSE TO PLAINTIFF'S NEW ALTER EGO ALLEGATIONS. Document filed by Banco Central De La Republica Argentina. (mro) |
| Filing 314 SEALED DOCUMENT placed in vault.(nm) |
| Filing 313 JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 312 JOINDER to join The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 Submissions and Memorandum of Law in Further Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 311 MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de la Republica Argentina. (Attachments: #1 Exhibit A)(Neuhaus, Joseph) |
| Filing 310 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 309 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 313) - JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) Modified on 4/8/2010 (gp). |
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Filing 308
ORDER: Plaintiff had moved in the above-captioned actions to confirm priority with respect to the ANSES assets that are the subject of these actions. However, these assets are no longer subject to attachment. The motion to confirm priority is therefore denied as moot. (Signed by Judge Thomas P. Griesa on 3/22/2010) (tro)
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Filing 307
ORDER: Plaintiffs in the above-captioned actions, EM Ltd. and NML Capital, Ltd., now move for attachment and restraining orders and writs of execution mirroring the February 23 orders entered in favor of Aurelius Capital Partners et al. In view of the fact that the District Court has determined that there is no right to process with respect to the assets in question, the application of EM and NML is denied. It is appropriate to note that because of the stay order, certain of the assets are tied up pending the appeal. EM and NML are obviously seeking to assert their rights against these tied-up assets and to further assert those rights in the event the District Court is reversed. The court states that in the event of such a reversal, appropriate steps will be taken to recognize the motion which has been made by EM and NML and to further recognize whatever rights they should obtain by virtue of their motion. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
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Filing 306
ORDER: Plaintiffs' motion to confirm this court's November 24, 2008 attachment and restraining orders and writs of execution is denied since they have been vacated by the Court of Appeals ruling properly interpreted. Plaintiffs' motion for new attachment and restraining orders and new writs of execution directed to the same assets is also denied. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
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| Filing 305 SEALED DOCUMENT placed in vault.(nm) |
| Filing 304 DECLARATION of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets. Document filed by NML Capital, Ltd.. (Attachments: #1 Translation to Exhibit 51, #2 Translation to Exhibit 52, #3 Translation to Exhibit 53, #4 Translation to Exhibit 54, #5 Translation to Exhibit 55, #6 Translation to Exhibit 56, #7 Translation to Exhibit 57, #8 Translation to Exhibit 58, #9 Certificate of Service)(Hranitzky, Dennis) |
| Filing 303 MANDATE of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (107 in 1:05-cv-02434-TPG) Notice of Appeal filed by The Republic of Argentina, (41 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-10383-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (38 in 1:07-cv-06563-TPG) Notice of Appeal,, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (145 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (51 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (20 in 1:07-cv-00098-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (125 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (129 in 1:03-cv-08845-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (55 in 1:08-cv-02541-TPG) Notice of Appeal, filed by The Republic of Argentina, (67 in 1:02-cv-03804-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (23 in 1:05-cv-10636-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (41 in 1:07-cv-02693-TPG) Notice of Appeal filed by The Republic of Argentina, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (39 in 1:05-cv-02521-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (57 in 1:07-cv-02715-TPG) Notice of Appeal filed by The Republic of Argentina, (56 in 1:07-cv-02715-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-06002-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (72 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (19 in 1:06-cv-06221-TPG) Notice of Appeal, filed by The Republic of Argentina, (33 in 1:05-cv-03089-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (133 in 1:03-cv-08845-TPG) Notice of Appeal,, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (54 in 1:08-cv-03302-TPG) Notice of Appeal, filed by The Republic of Argentina, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (18 in 1:06-cv-14299-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (43 in 1:04-cv-03314-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (18 in 1:06-cv-03198-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (17 in 1:07-cv-00689-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (26 in 1:05-cv-06200-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (19 in 1:07-cv-11496-TPG) Notice of Appeal, (37 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (108 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (41 in 1:08-cv-06978-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (20 in 1:07-cv-02788-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (18 in 1:07-cv-00937-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (19 in 1:08-cv-00440-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (34 in 1:04-cv-07056-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:06-cv-00207-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:04-cv-06594-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (50 in 1:08-cv-02541-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06032-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (59 in 1:07-cv-02715-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (24 in 1:05-cv-08687-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:07-cv-06563-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:08-cv-02541-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (27 in 1:05-cv-10382-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (42 in 1:07-cv-02693-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (64 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (98 in 1:05-cv-02434-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:05-cv-00177-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:06-cv-07100-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (194 in 1:03-cv-02507-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:02-cv-03808-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP |
| Filing 302 DECLARATION of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58)(Hranitzky, Dennis) |
| Filing 301 SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF PLAINTIFFS' SEPTEMBER 2006 MOTION TO ATTACH AND RESTRAIN CERTAIN ASSETS. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Hranitzky, Dennis) |
| Filing 300 SEALED DOCUMENT placed in vault.(jri) |
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Filing 299
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 2/11/2010 re: Counsel for Banco Central del la Repulica Argentina writes to request a 3-week extension of time until 3/9/2010 to submit the opposition to the motions to confirm the January orders. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/17/2010) (tve)
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| Filing 298 SUPPLEMENTAL REPLY MEMORANDUM OF LAW In Reply To Defendant Banco Central De La Republica Argentina's Supplemental Memorandum In Response To The December 7, 2009 Declaration of Dennis Hranitzky... Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 297 DECLARATION of David M. Bigge Supplemental Declaration Of David M.Bigge In Support Of Plaintiffs' September 28, 2006 Motion For Orders Of Restraint And Pre-Judgment Attachment. Document filed by NML Capital, Ltd.. (Bigge, David) |
| Filing 296 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 1/28/2010 re: Counsel for the Banco Central de la Republica Argentina request a short extension of the time to submit (i) declaration addressing the reductions in the level of reserves that BCRA held in the U.S. in the period from 2001 to 2005, as the Court requested in a telephone conference with the parties on 1/8/2010; and (ii) BCRA's opposition to the motion to confirm various ex parte attachments obtained during the week of 1/11/2010 until 2/4/2010. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/28/2010) (tro) |
| Set/Reset Deadlines: Responses due by 2/4/2010. (tro) |
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Filing 295
STIPULATION AND CONSENT ORDER; The December 2005 Orders (as modified by the January 2006 Stipulation), the January 2006 Vacatur Order and the September 2006 Stipulation shall remain in effect in accordance with their terms. The Ex Parte Orders, and any subsequently issued Orders seeking substantially identical relief, are vacated as to the Originally Attached FRBNY Accounts, except as to the Originally Attached Property that is the subject of paragraph 1, but in all other respects remain in effect pending further order of the Court. The entry of the Stipulation and Consent Order will have no effect on thelegal positions of the parties hereto with respect to any right of Plaintiffs or the AureliusMovants to restrain, attach or execute upon any property of BCRA or the Republic, andno party may rely upon this Stipulation and Consent Order in support of an argument foror against the existence of any such right or an argument about the use or ownership ofthe property to which the Ex Parte Orders are directed. Any assets restrained or attached in the Originally Attached FRBNY Accounts as a result of the Ex Parte Order, or any subsequently issued Orders seeking substantially identical relief, shall be released (but no action is to be taken with respect to the Originally Attached Property), but any rights to attach, restrain or execute upon the property of BCRA that the Court may conclude that Plaintiffs properly exercised as of December 30, 2005, January 11, 2010 and/or January 12, 2010 will have priority over any subsequent attachment or execution by any other person. Any rights to attach or execute upon the property of BCRA that the Court may conclude that the Aurelius Movants properly exercised as of January 12, 2010 and/or January 14, 2010 will have priority over any subsequent attachment, restraint or execution by any other person. So Ordered. (Signed by Judge Thomas P. Griesa on 1/15/2010) (tve)
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| Filing 294 DECLARATION of Suzanne M. Grosso in Support re: #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and., #292 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS) Filed by EM Ltd. and.. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24A, #26 Exhibit 24B, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46A, #49 Exhibit 46B, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53, #57 Exhibit 54)(Grosso, Suzanne) |
| Filing 293 MEMORANDUM OF LAW in Support re: #291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and., #292 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS) Filed by EM Ltd. and.. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne) |
| Filing 292 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS) Filed by EM Ltd. and. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne) |
| Filing 291 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution Filed by EM Ltd. and. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne) |
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Filing 290
RESTRAINING ORDER. To: ABN AMRO Bank NV, et al...; Now, on the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML, IT IS HEREBY ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $2,374,589,275, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest. FURTHER ORDERED that the two bonds of $100,000 each ($200,000 total) previously posted by EM, and the bond of $250,000 previously posted by NML, shall satisfy the bonding requirements for this Restraining Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Restraining Order if it is decided that Plaintiffs are not entitled to restrain the property described above and are ordered to compensate Defendants. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc) (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
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Filing 289
RESTRAINING ORDER. To: Lazard. Now, on the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML, IT IS HEREBY ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $2,374,589,275, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest...: FURTHER ORDERED that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina or BCRA have an interest, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Restraining Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order form this Court from directly or indirectly transferring, or ordering, directing, or requesting the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $2,374,589,275, consisting of...: FURTHER ORDERED that two bonds of $100,000 each ($200,000 total) previously posted by EM, and the bond of $250,000 previously posted by NML, shall satisfy the bonding requirements for this Restraining Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Restraining Order if it is decided that Plaintiffs are not e n titled to restrain the property described above and are ordered to compensate Defendants. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
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| Filing 288 ENDORSED LETTER addressed to Judge Thomas P. Griesa from John E. Neuhaus dated 12/14/2009 re: The Court directed the plaintiffs to make the cited exhibits and factual allegations a part of the record on this motion. As BCRA has had no opportunity to respond to those materials or allegations, BCRA requests an opportunity to respond to them. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/15/2009) (tve) |
| Filing 287 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directing to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 286
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Suzanne M. Grosso dated 11/11/09 re: counsel for plaintiff requests that for the convenience of the Court and the parties, the following non ecf action be designated as ECF cases: 03cv2507, 06cv7792, 08cv7974, 03cv8845, 05cv2434, 06cv6466, 07cv1910, 07cv2690, 07cv6563 and 09cv7013. ENDORSEMENT: So Ordered (Signed by Judge Thomas P. Griesa on 11/13/09) (dle)
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| Case Designated ECF. (dle) |
| Filing 285 DECLARATION of Dennis Hranitzky. Document filed by NML Capital, Ltd. (Received in the night deposit box on 12/7/09 at 9:11pm) (mro) |
| Filing 284 TRUE COPY ORDER of USCA as to Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A.; Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5621-cv(L). The Court's December 2, 2009 order granting the Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is hereby vacated. The Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is construed as a motion to recall the mandate and to stay the mandate. So construed, it is granted and the mandate is recalled and stayed for twenty-one (21) days from the date of this order. The stay of the mandate will be terminated automatically twenty-one (21) days from the date of this order. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/4/2009. [ORIGINAL ENTERED IN CASE : 07cv2715, DOC # 265]. (nd) |
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Filing 283
ORDER of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (221 in 1:03-cv-02507-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-02693-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (55 in 1:05-cv-10382-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (106 in 1:08-cv-06978-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (33 in 1:07-cv-11497-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:07-cv-11495-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:07-cv-11327-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (45 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-10636-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (99 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:05-cv-06002-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (154 in 1:03-cv-08845-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (26 in 1:08-cv-06625-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:05-cv-10383-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (80 in 1:06-cv-00207-TPG) Amended Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-08687-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (29 in 1:08-cv-00440-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (71 in 1:08-cv-06978-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (168 in 1:03-cv-08845-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (23 in 1:07-cv-05807-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (24 in 1:06-cv-07100-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (36 in 1:05-cv-05197-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:07-cv-11497-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:03-cv-08120-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (168 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-06594-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-05807-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (31 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (153 in 1:03-cv-08845-TPG) Amended Notice of Appeal,, filed by Administracion Nacional de Seguridad Social, (120 in 1:08-cv-02541-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (75 in 1:07-cv-11327-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (234 in 1:03-cv-02507-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (108 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (113 in 1:07-cv-02715-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (47 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (81 in 1:06-cv-00207-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:06-cv-14299-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (40 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (38 in 1:05-cv-10383-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-06200-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:04-cv-06137-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-02607-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Republic of Argentina, (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-08195-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (56 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:06-cv-06466-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (44 in 1:04-cv-07056-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (42 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (71 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (32 in 1:04-cv-06137-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:04-cv-03313-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:05-cv-00178-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) N
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| Filing 282 MEMORANDUM OF LAW in Opposition Plaintiff's Motion for the issuance of "new" attachment and restraining orders, and "new" writs of execution. Document filed by The Republic of Argentina. (tro) |
| Filing 281 DECLARATION of Rahul Mukhi in Opposition to the motion by EM Ltd. and NML Capital, Ltd. for the issuance of "new" attachment and restraining orders, and "new" writs of execution directed to social security funds administered on behalf of Argentine pensioners and workers. Document filed by The Republic of Argentina. *Exhibits A-H attached. (tro) |
| Transmission of USCA Mandate/Order to the District Judge re: #278 USCA Mandate,. (nd) |
| Filing 280 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 279 DECLARATION of Eric C. Kirsch. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 278 MANDATE of USCA (Certified Copy) as to #107 Notice of Appeal filed by The Republic of Argentina, #125 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, 98 Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #165 Amended Notice of Appeal filed by The Republic of Argentina, #99 Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, #168 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #124 Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., #118 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5623-cv(con), 08-5790-cv(con), 08-6250-cv(con). Ordered, Adjudged and Decreed that the judgment of the District Court is REVERSED and all of the associated orders as well as its opinion confirming those orders are VACATED, in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/30/2009. (nd) |
| Filing 277 PLAINTIFF'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION FOR RECONSIDERATION. Document filed by NML Capital, Ltd. (Received in the night deposit box on 11/20/09 at 6:42pm) (mro) |
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Filing 276
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 11/9/2009 re: Counsel writes to inform the Court that the parties have agreed to Plaintiffs' reply papers in further support of their motion for reconsideration shall be due on or before November 20, 2009. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Thomas P. Griesa on 11/10/2009) (jfe)
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| Set/Reset Deadlines as to 270 MOTION for Reconsideration.. Replies due by 11/20/2009. (jfe) |
| USCA Case Number 09-3926-cv(L) from the USCA 2nd Circuit assigned to #216 Notice of Appeal filed by The Republic of Argentina. (tp) |
| USCA Case Number 09-3937-cv(Con) from the USCA 2nd Circuit assigned to #215 Notice of Appeal filed by Banco De La Nacion Argentina. (tp) |
| Filing 275 MEMORANDUM OF LAW in Opposition re: 270 MOTION for Reconsideration. Document filed by The Republic of Argentina. (Received in the night deposit box on 11/5/09 at 5:03pm) (mro) |
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Filing 274
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 10/27/09 re: Counsel for defendant Banco de la Nacion Argentina write on behalf of all counsel to inform the Court that, subject to Your Honor's approval, the parties have agreed that BNA's and the Republic of Argentina's time to file papers in opposition to plaintiffs' motion for reconsideration of the Court 9/30/09 Order and Opinion shall be extended from 10/29/09 until 11/5/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/2/09) (tro)
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| Set/Reset Deadlines as to 270 MOTION for Reconsideration. Responses due by 11/5/2009 (tro) |
| Filing 273 DECLARATION of Kevin S. Reed (with Exhibits). Document filed by NML Capital, Ltd.. (mbe) |
| Filing 272 REPLY MEMORANDUM OF LAW in Opposition re: 226 MOTION to Compel Deusche Bank AG., 231 MOTION to Compel Barclays Bank PLC., 223 MOTION to Compel Citigroup, Inc. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 269 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #216 Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-3926-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). |
| Filing 271 MEMORANDUM OF LAW in Support re: 270 MOTION for Reconsideration.. Document filed by NML Capital, Ltd. (dle) |
| Filing 270 MOTION for an order pursuant to Rule 6.3 of the Local Rules for the SDNY and Rules 59(e) and 60(b) of the FRCP with respect to certain portions of the Court's Opinion dated 9/30/09. Document filed by NML Capital, Ltd.(dle) |
| Filing 268 AFFIDAVIT OF SERVICE of memorandum of law on non party Citigroup, Inc. in opposition to NML Capital Ltd.'s motion to compel non party Citigroup, Inc. to respond to subpoena and Declaration of Sharon L. Schneier in opposition to NML Capital Ltd.'s motion to compel non party Citigroup, Inc. to respond to subpoena served on Kevin S. Reed, attorney for plaintiff on 10/9/09. Service was made by FedEx. Document filed by CitiGroup, Inc. |
| Filing 266 DECLARATION of Sharon L. Schneier in Opposition re: 223 MOTION to Compel. Document filed by non-party Citigroup, Inc. (mro) |
| Filing 265 MEMORANDUM OF LAW in Opposition re: 223 MOTION to Compel. Document filed by non-party Citigroup, Inc. (mro) |
| Filing 267 MEMORANDUM OF LAW of Barclays Bank PLC in Opposition to NML Capital, Ltd.'s Motion to Compel Barclays Bank PLC to Respond to Subpoena. filed by the Attorneys' for Barclays Bank PLC. (mbe) |
| Filing 264 MEMORANDUM OF LAW in Opposition re: 226 MOTION to Compel., 231 MOTION to Compel., 223 MOTION to Compel. Document filed by The Republic of Argentina. (mro) |
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Filing 263
STIPULATION TO EXTEND TIME:IT IS HEREBY STIPULATED AND AGREED by and among undersigned counsel, that the time for Barclays to oppose Plaintiff NML Capital, Ltd.'s Motion to Compel Barclays Bank PLC to Respond to Subpoena in the above captioned action is hereby extended to, and including, October 9, 2009. So Ordered. (Signed by Judge Thomas P. Griesa on 10/7/09) (js)
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Filing 262
OPINION: Since the orders of attachment relate only to the asset pledge account or accounts, and are based on the alter ego argument, plaintiffs' motion to confirm the orders of attachment is denied and the orders are vacated. To the extent that the restraining orders cover the asset pledge account or accounts, plaintiffs' motion to confirm the restraining orders is denied and the restraining orders are vacated. To the extent that the restraining orders cover the ANPCT account at BNA, plaintiffs' motion to confirm the restraining orders is granted. Plaintiffs are entitled to execution to partially satisfy judgments. To the extent that the restraining orders cover the INTA account, plaintiffs' motion to confirm the restraining orders is denied and the restraining orders are vacated. Defendants' motion to dismiss the separate action seeking a declaration that BNA is the alter ego of the Republic, is granted. Settle any appropriate further orders. (Signed by Judge Thomas P. Griesa on 9/30/09) (ae)
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| Filing 235 STIPULATION TO EXTEND: IT IS HEREBY STIPULATED AND AGREED by and among undersigned counsel that the time for Barclays Bank PLC to oppose Plaintiff NML Capital, Ltd.'s Motion to Compel Barc1ays Bank PLC to Respond to Subpoena in the above captioned actions is hereby extended to, and including, October 2, 2009. (Signed by Judge Thomas P. Griesa on 9/28/2009) (jfe) |
| Filing 229 AFFIDAVIT OF SERVICE of Modified Order of Attachment served on Citibank, N.A. on 11/12/08. Service was accepted by Russ Abidally. (mro) |
| Filing 234 CERTIFICATE OF SERVICE of Motion to Compel Barclays Bank PLC to Respond to Subpoena served on Carmine Boccuzzi and Lance Croffoot-Suede on 9/22/2009. Service was made by Mail. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 233 DECLARATION of William B. Mack. (mbe) |
| Filing 232 MEMORANDUM OF LAW in Support re: 231 Notice of MOTION to Compel. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 231 Notice of MOTION to Compel. Document filed by NML Capital, Ltd..(mbe) |
| Filing 228 DECLARATION of William B. Mack in Support re: 226 MOTION to Compel Deusche Bank AG to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 227 MEMORANDUM OF LAW in Support re: 226 MOTION to Compel Deusche Bank AG to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 226 MOTION to Compel Deusche Bank AG to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd.(mro) |
| Filing 225 DECLARATION of William B. Mack in Support re: 223 MOTION to Compel. Document filed by NML Capital, Ltd. (mro) |
| Filing 224 MEMORANDUM OF LAW in Support re: 223 MOTION to Compel Citigroup, Inc. to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 223 MOTION to Compel Citigroup, Inc. to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd.(mro) |
| Transmission of Notice of Appeal to the District Judge re: #216 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #216 Notice of Appeal. (nd) |
| Filing 222 PLAINTIFF'S REPLY re: 212 Memorandum of Law in Opposition to plaintiff's Motion for partial Reconsideration of the August 19, 2009 Order. Document filed by NML Capital, Ltd. (mro) |
| Filing 221 AFFIDAVIT OF SERVICE of Order of Attachment served on The Bank of America on 12/9/08. Service was accepted by David K. Brown, Clerk, Legal Department. (mro) |
| Filing 220 AFFIDAVIT OF SERVICE of Order of Attachment served on Citibank, N.A. on 12/9/08. Service was accepted by Ming James, Project Analyst. (mro) |
| Filing 219 AFFIDAVIT OF SERVICE of Modified Order of Attachment served on HSBC on 11/7/08. Service was accepted by Richard Palmer, General Counsel. (mro) |
| Filing 218 AFFIDAVIT OF SERVICE of Order of Attachment served on HSBC Bank on 12/9/08. Service was accepted by Davika Burahee, Customer Service Representative. (mro) |
| Filing 217 AFFIDAVIT OF SERVICE of Modified Order of Attachment served on The Bank of America on 11/7/08. Service was accepted by David K. Brown, Clerk, Legal Department. (mro) |
| Transmission of Notice of Appeal to the District Judge re: #215 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #215 Notice of Appeal. (tp) |
| Filing 215 NOTICE OF APPEAL from #211 Order, Terminate Motions, #210 Memorandum & Opinion. Document filed by Banco De La Nacion Argentina. Filing fee $ 455.00, receipt number E 700163. (tp) |
| Filing 216 NOTICE OF APPEAL from #211 Order, Terminate Motions, #210 Memorandum & Opinion,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 700193. (nd) |
| Filing 214 SEALED DOCUMENT placed in vault.(jri) |
| Filing 213 DECLARATION of Christopher P. Moore in Support re: 212 Memorandum of Law in Opposition. Document filed by The Republic of Argentina. (Received in the night deposit box on 9/9/09 at 5:59pm) (mro) |
| Filing 212 MEMORANDUM OF LAW in Opposition to plaintiff's Motion for Partial Reconsideration of August 19, 2009 Order. Document filed by The Republic of Argentina. (Received in the night deposit box on 9/9/09 at 5:59pm) (mro) |
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Filing 209
ORDER: On 8/7/09, plaintiff filed a motion seeking the attachment of certain property of an entity known as Energia Argentina S.A., and for discovery regarding that entity. For the reasons stated at the hearings on 8/7/09 and 8/11/09, plaintiff's application is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro)
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| Filing 261 GARNISHEE STATEMENT OF THE BANK OF NEW YORK. Document filed by Bank of New York. (This document was previously filed under seal, envelope #61 and unsealed with document #253.) (tro) |
| Filing 260 GARNISHEE STATEMENT OF THE BANK OF NEW YORK. Document filed by Bank of New York. *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (This document was previously filed under seal, envelope #61 and unsealed with document #253.) (tro) |
| Filing 259 STATEMENT AS TO PROPERTY OF DEUTSCHE BANK TRUST COMPANY. Document filed by Deutsche Bank Trust Company. *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (This document was previously filed under seal, envelope #60 and unsealed with document #253.) (tro) |
| Filing 258 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Kathrin Mahgerefth. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 257 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Sonia Alvarez. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 256 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Bruni. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910.(tro) |
| Filing 255 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Roberto H. Barrientos. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 254 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Roberto H. Barrientos. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 253 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Stephen Marino. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910.(tro) |
| Filing 252 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Dorothy D. Weeks. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910.(tro) |
| Filing 251 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. John Nidhiry. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910.(tro) |
| Filing 250 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Danielle Calvano. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) * Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 249 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER entered on 5/22/07, and RESTRAINING ASSETS HELD BY OR IN THE NAME OF BANCO DE LA NACION ARGENTINA IN VARIOUS FUNDS, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Patrick Crowley. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
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Filing 248
EX PARTE ORDER OF ATTACHMENT AND TEMPORARY RESTRAINING ORDER against all tangible or intangible property...of the defendant in the amount of $300,000,000 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure....the attachment bond of NML shall be and hereby is fixed in the sum of $100,000, to be posted on or before 5/25/07, of which the amount of $75,000 is on condition that NML pay Argentina all costs and damages, including reasonable attorney's fees, may be sustained by reason of the attachment if there is a judgment for Argentina herein or if it is finally decided that NML was not entitled to an attachment of Argentina's property, and the balance in the amount of $25,000 on condition that NML pay to the U.S. Marshal all of his allowable fees. Defendant, its agencies, subdivisions, servants, employees, and attorneys.....are hereby ENJOINED AND RESTRAINED until further order of this Court as further set forth in this Order. (This document was previously filed under seal, envelope #59 and unsealed with document #253.) (Signed by Judge Thomas P. Griesa on 5/22/07) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) Modified on 9/30/2009 (tro).
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| Filing 247 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Kathrin Mahgerefth. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 246 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Sonia Alvarez. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 245 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Gennaro Bruni. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 244 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Roberto H. Barrientos. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 243 AFFIDAVIT OF SERVICE of Luis A. Lopez of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Roberto H. Barrientos. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 242 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Marino. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 241 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Miss Dorothy D. Weeks. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 240 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Nidhiry. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 239 AFFIDAVIT OF SERVICE of Bryan J. Block of EX-PARTE RESTRAINING ORDER on 5/22/07, and RESTRAINING ASSETS OF AND/OR HELD IN THE BH OPTIONS TRUST, served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Ms. Calvano. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) |
| Filing 238 AFFIDAVIT OF SERVICE of Jefferson Holder of EX-PARTE RESTRAINING ORDER served on U.S. Bank National Trust, National Association on 5/23/07. Service was accepted by Mr. Cowley. *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) (tro) |
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Filing 237
EX PARTE ORDER OF ATTACHMENT AND TEMPORARY RESTRAINING ORDER against all tangible or intangible property...of the defendant in the amount of $300,000,000 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure....the attachment bond of NML shall be and hereby is fixed in the sum of $100,000, to be posted on or before 5/25/07, of which the amount of $75,000 is on condition that NML pay Argentina all costs and damages, including reasonable attorney's fees, may be sustained by reason of the attachment if there is a judgment for Argentina herein or if it is finally decided that NML was not entitled to an attachment of Argentina's property, and the balance in the amount of $25,000 on condition that NML pay to the U.S. Marshal all of his allowable fees. Defendant, its agencies, subdivisions, servants, employees, and attorneys.....are hereby ENJOINED AND RESTRAINED until further order of this Court as further set forth in this Order. (This document was previously filed under seal, envelope #58 and unsealed with document #253.) (Signed by Judge Thomas P. Griesa on 5/22/07) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910.(tro)
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| Filing 236 GARNISHEE'S STATEMENT. Filed by Garnishee U.S. Bank Trust National Association. (This document was previously filed under seal, envelope #13 and unsealed with document #253.) *Filed in associated civil case nos. 06-cv-6466, 07-cv-1910. (tro) Modified on 9/30/2009 (tro). |
| DECLARATION of Martin Esteban Polantonio. (This document was previously filed under seal, envelope #10 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #316. (tro) |
| MEMORANDUM OF LAW in Support of Plaintiffs' Ex Parte Motion for Restraining and Attachment Order Directed to interests of the Republic of Argentina in a Trust Administered by U.S. Bank Trust National Association. (This document was previously filed under seal, envelope #12 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #318. (tro) |
| DECLARATION of David M. Bigge in Support of Ex Parte Motion for Restraining and Attachment Orders, Exhibits 1-10 attached. (This document was previously filed under seal, envelope #9 and unsealed with document #253.) Document filed by EM Ltd. *Original filed under civil case no. 03-cv-2507, document #315. (tro) |
| DECLARATION of Dennis H. Hranitzky in Support of Ex Parte Motion for Restraining and Attachment Orders. (This document was previously filed under seal, envelope #8 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #314. (tro) |
| Filing 230 ATTORNEY'S RESPONSE LETTER dated 6/6/07 from Eric Newman, Court Orders and Levies Dept. re: Republic of Argentina; Garnishee Statements of JP Morgan Chase Bank, N.A.; Located, No deposit Accounts. (This document was previously filed under seal, envelope #155 and unsealed with document #253.) Filed in associated civil case nos. 06-cv-6466 and 07-cv-1910.(tro) |
| DECLARATION of Carlos Maria Tombeur; Exhibits 1-2 attached. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #299. (tro) |
| DECLARATION of Patricia Hilda Romeo; Exhibit A attached. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #300. (tro) |
| DECLARATION of Estela Adriana Palomeque. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #301. (tro) |
| DECLARATION of Raul Rigo; Attached in Spanish and English. This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by The Republic of Argentina. *Original filed under civil case no. 03-cv-2507, document #302.(tro) Modified on 9/26/2009 (tro). |
| NOTICE OF MOTION for an Order pursuant to F.R.C.P. 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, vacating the ex parte restraining and attachment orders dated 5/22/07.(This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #297. (tro) Modified on 9/26/2009 (tro). |
| DECLARATION of Carlos G. Enrique Wagner. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) *Original filed under civil case no. 03-cv-2507, document #303. (tro) |
| MEMORANDUM OF LAW in Support re: [292 in 03-CV-2507] PLAINTIFF'S MOTION TO CONFIRM EX PARTE RESTRAINING AND ATTACHMENT ORDERS DATED MAY 22, 2007 DIRECTED TO INTERESTS OF THE REPUBLIC OF ARGENTINA IN A TRUST ADMINISTERED BY U.S. BANK TRUST NATIONAL ASSOCIATION. (This document was previously filed under seal, envelope #152 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #293. (tro) |
| DECLARATION of Joshua S. Krakowsky in Support re: [292 in 03-CV-2507] MOTION TO CONFIRM THE EX PARTE RESTRAINING AND ATTACHMENT ORDERS OF MAY 22, 2007. (This document was previously filed under seal, envelope #152 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #294. (tro) |
| MEMORANDUM OF LAW in Support re: [292 in 03-CV-2507] PLAINTIFF'S MOTION TO CONFIRM EX PARTE RESTRAINING AND ATTACHMENT ORDERS DATED MAY 22, 2007 DIRECTED TO INTERESTS OF THE REPUBLIC OF ARGENTINA IN A TRUST ADMINISTERED BY U.S. BANK TRUST NATIONAL ASSOCIATION. (This document was previously filed under seal, envelope #153 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #295. (tro) |
| NOTICE OF MOTION for an Order pursuant to F.R.C.P. 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, confirming the Ex Parte Orders, as well as such other relief as the Court may deem just and proper. (This document was previously filed under seal, envelope #152 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #292. (tro) |
| MEMORANDUM OF LAW in Opposition [292 in 03-cv-2507] NOTICE OF MOTION for an Order pursuant to F.R.C.P. 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, confirming the Ex Parte Orders, as well as such other relief as the Court may deem just and proper. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #298. (tro) |
| EXHIBITS TO THE SECOND DECLARATION OF MARTIN ESTEBAN PAOLANTONIO; A-M Attached. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #310.(tro) |
| REPLY MEMORANDUM OF LAW in Further Support re: [297 in 03-cv-2507] MOTION to Vacate. This document was previously filed under seal, envelope #160 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #311.(tro) |
| REPLY DECLARATION of Carlos Maria Tombeur. (This document was previously filed under seal, envelope #160 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina.. *Original filed under civil case no. 03-cv-2507, document #312.(tro) |
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STIPULATION AND CONSENT ORDER FILED UNDER SEAL: (This document was previously filed under seal, envelope #161 and unsealed with document #253.) The 5/22/07 Orders should be amended to allow non-party garnishee, U.S. Bank Trust, in its capacity as trustee of the BH Option Trust, to compensate itself for the Trust-Related Fees and Costs identified above by transferring an amount equal to such Trust-Related Fees and Costs from the following account of the BH Option Trust: BH Option Trust Expense Account 96031842, Federated S/T United States Government Offshore FD 9910708822, $522,698.52 (as of May 29, 2007). The May 22, 2007 Order should be further amended to permit U.S. Bank Trust to compensate itself in the future on a monthly basis for reasonable Trust-Related Fees and Costs by transferring each month an amount equal to such Trust-Related Fees and Costs for that month from the same amount, provided, however, that is such Trust-Related Fees and Costs exceed $5,000 collectively for any month, the transfer during such month of any amount which represents the excess over such $5,000 amount shall require the written consent of the undersigned counsel for Plaintiffs (which consent shall not be unreasonably withheld). This Stipulation and Consent Order shall be filed under seal. (This document was previously filed under seal, envelope #161 and unsealed with document #253.) *Original filed under civil case no. 03-cv-2507, document #313. (Signed by Judge Thomas P. Griesa on 10/1/07) (tro)
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| SECOND DECLARATION of David M. Bigge in Further Support re: [292 in 03-cv-2507] MOTION to Confirm. and in OPPOSITION re: [297 in 03-cv-2507] MOTION to Vacate. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #309. (tro) |
| SECOND DECLARATION of Martin Esteban Paolantonio. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #308.(tro) Modified on 9/26/2009 (tro). |
| DECLARATION of Jose Arturo Estabillo; Attached in Spanish and English; Exhibit 1 attached. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina.*Original filed under civil case no. 03-cv-2507, document #305. (tro) |
| DECLARATION of Oscar Simon Mirkin; Attached in Spanish and English. (This document was previously filed under seal, envelope #157 and unsealed with document #253.) Document filed by The Republic of Argentina. *Original filed under civil case no. 03-cv-2507, document #306. (tro) Modified on 9/26/2009 (tro). |
| REPLY MEMORANDUM OF LAW in Further Support re: [292 in 03-cv-2507] PLAINTIFFS' MOTION TO CONFIRM. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Original filed under civil case no. 03-cv-2507, document #307. (tro) |
| DECLARATION of Marta Zaghini; Attached in Spanish and English. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by The Republic of Argentina. *Original filed under civil case no. 03-cv-2507, document #304.(tro) |
| This document was previously filed under seal, envelope #149 and unsealed with document #253. GARNISHEE'S STATEMENT. Document filed by Banco De La Nacion Argentina. (dle) Modified on 9/15/2009 (dle). (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #285. |
| This document was previously filed under seal, envelope #150 and unsealed with document #253. CERTIFICATION of translation of document titled "When Extra-Budgetary Management and Defense of Federalism go Hand in Hand. Regional Infrastructure Federal Trust Fund. Importance of the State Remaining on a Par with the Provinces and the Autonomous City of Buenos Aires". Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)Original document filed in case #03cv2507, document #286. |
| This document was previously filed under seal, envelope #151 and unsealed with document #253. MOTION for an order confirming Ex Parte Orders pursuant to FRCP 64 and 69 and Articles 52 and 62 of the New York Civil Practice Law and Rules. Document filed by EM Ltd., NML Capital, Ltd.(dle) Modified on 9/15/2009 (dle). ((DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #287. |
| This document was previously filed under seal, envelope #151 and unsealed with document #253. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO CONFIRM EX PARTE RESTRAINING AND ATTACHMENT ORDERS ENTERED ON MAY 22,2007 DIRECTED TO ASSETS HELD BY THE REPUBLIC OF ARGENTINA IN THIRTEEN ARGENTINE "FIDUCIARY FUNDS". (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #288. |
| This document was previously filed under seal, envelope #147 and unsealed with document #253. NOTICE OF AGREED MOTION TO SET BRIEFING SCHEDULE. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)Original document filed in case #03cv2507, document #282. |
| This document was previously filed under seal, envelope #147 and unsealed with document #253. MEMORANDUM OF LAW in Support re: 282 MOTION.. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #283. |
| This document was previously filed under seal, envelope #146 and unsealed with document #253. TRANSCRIPT of proceedings held on 5/22/07 before Judge Thomas P. Griesa. (dle)(DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #281. |
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This document was previously filed under seal, envelope #147 and unsealed with document #253. ORDER SETTING BRIEFING SCHEDULE: Plaintiffs' time to move to confirm the ex parte Orders of this Court dated 5/22/07 is extended to 6/18/07; defendant Argentina's and non party garnishee BNA's oppositions to plaintiffs' motions to confirm are due to be served on plaintiffs by hand delivery on or before 7/20/07; plaintiffs' replies are due to be served on Argentina and BNA by hand delivery on or before 8/24/07 and Argentina's and BNA's replies in support of their cross motions to vacate the ex parte orders are due to be served on plaintiffs by hand delivery on or before 9/14/07. This order, plaintiffs' agreed motion to set briefing schedule, supporting memorandum and all briefing and supporting documentation on plaintiffs' motions to confirm the Ex Parte Orders shall be filed under seal. (Signed by Judge Thomas P. Griesa on 6/6/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #284. (dle)
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This document was previously filed under seal, envelope #144 and unsealed with document #253. EX PARTE RESTRAINING ORDER: EML's ex parte motion for restraining order is granted in its entirety and the amount to be secured by this restraining order shall be $759,014,126.95, comprised of the amount of judgment, plus accrued post-judgment interest. Defendant is hereby enjoined and restrained as further set forth in this order. The attachment bond of EML is fixed in the sum of $100,000 to be posted on or before 5/25/07 of which the amount of $75,000 is on condition that EML pay Argentina all costs and damages, including reasonable attorney's fees, that may be sustained by reason of the restraining order if it is finally decided that EML was not entitled to a restraint of Argentina's property under C.P.L.R. 5222 and the balance in the amount of $25,000. This restraining order may be served by the U.S. Marshal or any person appointed to act in his place and stead or by the attorneys for plaintiff. (Signed by Judge Thomas P. Griesa on 5/22/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #280.
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| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Deutsche Bank Trust Company on 5/23/07. Service was accepted by John Nidhiry, Litigation Specialist. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253) Original document filed in case #03cv2507, document #269. |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco de la Nacion Argentina on 5/23/07. Service was accepted by Roberto H. Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #273. (dle) |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco Central de la Republica Argentina on 5/23/07. Service was accepted by Roberto H. Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #272. |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Citibank, N.A. on 5/23/07. Service was accepted by Dorothy D. Weeks. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253)(dle)Original document filed in case #03cv2507, document #270. |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on American Express Bank, Ltd. on 5/23/07. Service was accepted by Gennaro Bruni, Group Counsel, General Counsel's Office. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)Original document filed in case #03cv2507, document #274. |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Bank of New York Company, Inc. on 5/23/07. Service was accepted by Stephen Marino, Assistant Treasurer. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #271. |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order entered on 5/22/07 and restraining assets of and/or held in the BH Options Trust served on Credit Suisse First Boston on 5/23/07. Service was accepted by Kathrin Mahgerefth, Assistant Vice President, Legal and Compliance Department. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)Original document filed in case #03cv2507, document #276. |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on JP Morgan Chase & Co. on 5/23/07. Service was accepted by Sonia Alvarez. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #275. |
| This document was previously filed under seal, envelope #145 and unsealed with document #253. CERTIFICATE OF SERVICE of motion to set briefing schedule served on counsel Jonathan Blackman and Mark S. Sullivan on 6/6/07. Service was made by hand delivery. Document filed by NML Capital, Ltd., Banco De La Nacion Argentina. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #279. |
| This document was previously filed under seal, envelope #145 and unsealed with document #253. MEMORANDUM OF LAW in Support re: 277 MOTION TO SET BRIEFING SCHEDULE. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253) (dle) Original document filed in case #03cv2507, document #278. |
| This document was previously filed under seal, envelope #145 and unsealed with document #253. MOTION for an order pursuant to FRCP 64 and NYCPLR 6211(b), extending from 6/6/07 to 6/18/07 the time plaintiffs have to move for confirmation of the ex parte orders as set forth herein. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #277. (dle) |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Credit Suisse First Boston on 5/23/07. Service was accepted by Kathrin Mahgerefth, Asst. Vice President, Legal and Compliance Dept. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #265. |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on JP Morgan Chase & Co. on 5/23/07. Service was accepted by Sonia Alvarez. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #266. (dle) |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on The Federal Reserve Bank of New York on 5/23/07. Service was accepted by Danielle Calvano. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253. Original document filed in case #03cv2507, document #268. (dle) |
| This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on U.S. Bank Trust, National Association on 5/23/07. Service was accepted by Patrick Crowley. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253. Original document filed in case #03cv2507, document #267. (dle) |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Deutsche Bank Trust Company on 5/23/07. Service was accepted by John Nidhiry. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #259. |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Bank of New York Company, Inc. on 5/23/07. Service was accepted by Stephen Marino. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #261. |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Citibank N.A. on 5/23/07. Service was accepted by Dorothy D. Weeks. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #260. (dle) |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco de la Nacion Argentina on 5/23/09. Service was accepted by Roberto H. Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253)(dle) Original document filed in case #03cv2507, document #263. |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco Central de la Republica Argentina on 5/23/07. Service was accepted by Roberto Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #262. |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on American Express Bank, Ltd. on 5/23/09. Service was accepted by Gennaro Bruni, Group Counsel, General Counsel's Office. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)Original document filed in case 03cv2507, document #264. |
| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on The Federal Reserve Bank of New York on 5/23/07. Service was accepted by Danielle Calvano. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). Original document filed in case #03cv2507, document #258. (dle) |
| This document was previously filed under seal, envelope #142 and unsealed with document #253. Garnishee Statement. Document filed by Credit Suisse Securities (USA)LLC. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) (Original document filed in case #03cv2507, document #254). |
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This document was previously filed under seal, envelope #141 and unsealed with document #253. ORDER TO FILE DOCUMENTS UNDER SEAL: All documents relating to the ex parte Orders of this Court dated 5/22/07, directed to interests of the Republic of Argentina in a trust administered by U.S. Bank Trust National Association and the ex parte Orders of this Court dated 5/22/07, directed to assets held by the Republic of Argentina in the thirteen Argentine "fiduciary funds" in these matters, shall be filed and kept under seal by the Clerk of the Court until further order of the Court. The Clerk of the court is directed to file all such documents under seal, whether filed previously or in the future and to remove any entries corresponding to such documents from the public docket in the actions 03cv2507, 03cv8845, 05cv2434, 06cv6466, 07cv1910. The documents to be filed under seal and omitted from the dockets in these actions are as further set forth herein. (Signed by Judge Thomas P. Griesa on 5/31/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #255.
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| This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on U.S. Bank Trust, National Association on 5/23/07. Service was accepted by Patrick Crowley. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #257. |
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This document was previously filed under seal, envelope #143 and unsealed with document #253. EX PARTE RESTRAINING ORDER: EML's ex parte motion for restraining is granted in its entirety and the amount to be secured by this restraining order shall be $759,014,126.95, comprised of the amount of judgment plus accrued post judgment interest. Defendant is hereby enjoined and restrained as further set forth herein. The U.S. Marshal for the SDNY or any person appointed to act in his place and stead or plaintiff's attorneys, shall levy upon but refrain from taking into actual custody pending further order of this Court, assets of defendant within this jurisdiction such as will satisfy the above mentioned sum of $759,014,126.95 and consisting of any property described herein. The attachment bond of EML is fixed in the sum of $100,000.00 to be posted on or before 5/25/07 of which the amount of $75,000.00 is on condition that EML pay Argentina all costs and damages including reasonable attorney's fees that may be sustained by reason of the restraining order if it s is finally decided that EML was not entitled to a restraint of Argentina's property under C.P.L.R. section 5222 and the balance in the amount of $25,000.00. Plaintiff shall move within 10 days after the levy and restraint hereunder for an order confirming this restraining order and shall give notice to Argentina by serving its counsel and give notice to the garnishee(s) and the Marshal via hand delivery and certified mail, return receipt requested; if no such motion is made this order and any levy made hereunder shall have no further effect and shall be vacated on motion (Signed by Judge Thomas P. Griesa on 5/22/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Original document filed in case #03cv2507, document #256.
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Filing 211
ORDER: As stated in an opinion being issued concurrently with this order, plaintiffs' "Motion to Confirm Ex Parte Restraining and Attachment Orders Dated May 22, 2007 Directed to Interests of the Republic of Argentina in a Trust Administered by U.S. Bank Trust National Association," which was filed on June 18,2007 as document number 152 in case 03 Civ. 2507, is granted. Banco de la Nacion Argentina's "Motion to Vacate Ex Parte Attachment and Restraining Orders," which was filed on July 20,2007 as document number 156 in case 03 Civ. 2507, is denied. The corresponding three orders signed on May 22, 2007 are therefore confirmed: the Ex Parte Order of Attachment and Temporary Restraining Order in cases 05 Civ. 2434, 06 Civ. 6466, and 07 Civ. 1910, which refers to the "BH Options Trust" on page 3; the Ex Parte Restraining Order in case 03 Civ. 2507, which refers to the "BH Options Trust" on pages 4 and 5; and the Ex Parte Restraining Order in case 03 Civ. 8845, which refers to the "BH Options Trust" on pages 4 and 5. As stated in plaintiffs' letter to the court dated August 4, 2009, plaintiffs have withdrawn their "Motion to Confirm Ex Parte Restraining and Attachment Orders Entered on May 22,2007 Directed to Assets Held by the Republic of Argentina in Thirteen Argentine 'Fiduciary Funds,"' which was filed on June 18,2007 as document number 151 in case 03 Civ. 2507. That motion is therefore denied as moot, and the corresponding three orders signed on May 22, 2007 are vacated: the Ex Parte Order of Attachment and Temporary Restraining Order in cases 05 Civ. 2434,06 Civ. 6466, and 07 Civ. 1910, which lists on pages 3 and 4 the names of thirteen funds "held in the name of Banco de la Nacion Argentina"; the Ex Parte Restraining Order in case 03 Civ. 2507, which lists the names of those thirteen funds on pages 4 and 5; and the Ex Parte Restraining Order in case 03 Civ. 8845, which lists the names of those thirteen funds on page 4. The Clerk of the Court is directed to: Unseal and docket the following documents, as set forth herein. (Signed by Judge Thomas P. Griesa on 8/19/2009) (jpo)
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Filing 210
OPINION: For the reasons set forth in this Opinion, plaintiffs' motion to confirm the 5/22/07 orders is granted, and BNA's motion to vacate the orders is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro) Modified on 8/24/2009 (ae). Modified on 8/26/2009 (jpo).
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| Filing 207 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #199 Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2708-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) |
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Filing 208
ORDER TO SHOW CAUSE: UPON THE APPLICATION OF MILLER & WRUBEL P.C., counsel for plaintiff NML Capital, Ltd., LET THE DEFENDANTS HEREIN SHOW CAUSE, before the Honorable Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, on the 7th day of August 2009 at 3:00 p.m., or as soon thereafter as counsel may be heard, why an order of attachment relating to the interests of Energia Argentina S.A. ("ENARSA") in the LNG Sale and Purchase Agreement between ENARSA and Morgan Stanley Capital Group, Inc. ("MSCGI"), dated July 7, 2009, and an order compelling discovery from MSCGI should not be made and entered in favor of NML; SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED THAT Morgan Stanley Capital Group, Inc. shall either send a representative to the aforementioned hearing to accept service of an order of attachment, or inform the Court no later than 5:00 p.m. on August 7, 2009, of a place where an order of attachment can be served at any time on August 7, 2009, such that the intent of the Court in granting an order of attachment will not be frustrated; and IT IS FURTHER ORDER THAT personal service of this Order to Show Cause upon (1) counsel for Argentina, Clearly, Gottlieb, Steen & Hamilton LLP, One Liberty Plaza, New York, New York, 10006, attention Carmine D. Boccuzzi, Jr., Esq., by hand (2) Morgan Stanley Capital Group, Inc., 2000 Westchester Avenue, Purchase, New York 10577, by electronic mail upon David Restaino, Esq. (david.restaino@morganstanley.com) and Michael Hartridge (michael.hartridge@morganstanley.com) and (3) Energia Argentina S.A., by serving Argentina's appointed agent for service of process, Banco de la Naction Argentina, 225 Park Avenue, New York, New York 10167, or such counsel as may appear of behalf of ENARSA, on or before the 7th day of August, 2009, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 8/7/2009 at 12:30 P.M.) (rw)
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| Filing 206 LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated June 9, 2009 re: we write pursuant to Rule 60(a) of the Federal Rules of Civil Procedure to request a correction of certain arithmetical errors in the judgments signed by the Court on May 28, 2009 and entered on the docket of those actions on June 1, 2009. Document filed by NML Capital, Ltd.(mro) |
| Filing 205 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 27, 2009 re: We write to respond briefly to plaintiffs' letter dated May 22, 2009, in which plaintiffs continue to assert that they are entitled to statutory interest on fictitious post-maturity interest payments. Document filed by The Republic of Argentina.(mro) |
| Filing 204 LETTER addressed to Judge Thomas P. Griesa from Walter Rieman dated May 22, 2009 re: We are writing on behalf of plaintiffs in the actions referenced above in response to Argentina's letter dated May 19, 2009. Document filed by NML Capital, Ltd.(mro) |
| Filing 203 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 19, 2009 re: We write to follow up on our letter to the Court of May 1, 2009, and in reply to plaintiffs' letter brief dated May 11, 2009. Document filed by The Republic of Argentina.(mro) |
| Filing 202 LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated May 12, 2009 re: We write on Plaintiff NML Capital, Ltd in brief to the letter to the Court, dated May 1, 2009, from Carmine Boccuzzi, counsel to the Republic of Argentina. Document filed by NML Capital, Ltd.(mro) |
| Filing 201 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 1, 2009 re: The Republic requests that this Court enter the enclosed proposed judgments at its earliest convenience. Document filed by The Republic of Argentina.(mro) |
| Filing 200 NOTICE OF APPEAL from #164 Memorandum & Opinion, #196 Amended Judgment, #190 Judgment. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number E 693239. Copies of Notice of Appeal mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton LLP. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #200 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #200 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #199 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #199 Notice of Appeal. (tp) |
| Filing 199 NOTICE OF APPEAL from #196 Amended Judgment, #190 Judgment. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 691925. Copies mailed to attorney(s) of record: Dechert, L.L.P. (tp) |
| Filing 198 SECOND DECLARATION of David M. Bigge Regarding the use of The FRBNY Account in Support of Plaintiffs' 9/28/06 Motion for Orders Restraint and Pre-Judgment Attachment. Document filed by NML Capital, Ltd., EM Ltd. (ae) |
| Filing 197 SEALED DOCUMENT placed in vault.(jri) |
| Filing 196 AMENDED JUDGMENT # 09,1024 amending #190 Judgment, in favor of NML Capital, Ltd. against The Republic of Argentina in the amount of $ 283,131,302.00. (Signed by Judge Colleen McMahon, Part I on 6/12/09) (Attachments: #1 notice of right to appeal)(ml) |
| Filing 193 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 6/9/09 re: Counsel for Plaintiff NML Capital, Ltd. write to inform Your Honor that the parties have agreed to a two-week extension for the submission of Plaintiffs reply memorandum of law regarding the use of the account at the Federal Reserve Bank of New York held in the name of Banco Central de la Republica Argentina. Plaintiffs' reply memorandum will be filed on 6/19/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/10/09) (tro) |
| Transmission of Notice of Appeal to the District Judge re: #192 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #192 Notice of Appeal,. (nd) |
| Filing 192 NOTICE OF APPEAL from #178 Order, #188 Order, #181 Order, Set Deadlines/Hearings, #167 Memorandum & Opinion,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. Copies of Notice of Appeal mailed to attorney(s) of record: Dechert LLP. (nd) |
| Filing 190 JUDGMENT #09,1024 in favor of NML Capital, Ltd. against The Republic of Argentina in the amount of $ 282,083,302.00. (Signed by Judge Thomas P. Griesa on 5/28/09) (Attachments: #1 notice of right to appeal)(ml) |
| Filing 189 OPINION:#97572 on 3/18/09, the court granted a motion for partial summary judgment by plaintiffs. thus, plaintiffs here are entitled to statutory interest on interest accruing under the contract even after maturity. The court will enter the judgment proposed by plaintiffs. (Signed by Judge Thomas P. Griesa on 5/28/09) (cd) Modified on 6/2/2009 (jab). |
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Filing 188
ORDER: Therefore, based upon all of the papers, pleadings, oral argument and all prior proceedings in the above-captioned actions and for the reasons explained by the Court on the record at the May 27, 2009 hearing: IT IS HEREBY ORDERED that the motion by Order to Show Cause of the Aurelius Plaintiffs to hold the Republic in civil contempt and to impose sanctions on the Republic is GRANTED. The Republic is held in civil contempt for its failure to comply with the Court's Opinion dated April 3, 2009, and the Court's Orders dated April 17, 2009 and May 6, 2009. IT IS FURTHER ORDERED that as a sanction for the Republic's contempt of Court, the Court will draw adverse inferences from the Republic's failure to comply with the Court's discovery orders that the Republic undertook the following transactions to remove funds improperly from the United States in violation of the orders of the Court: Between on or about April 10 and April 30, 2009, the Republic, through ANSES, arranged through a third party to liquidate $205,968,645 of Certificados de Deposito Argentino ("CEDEARs") that were subject to the Restraining Notice served on the Republic on October 30, 2008 as authorized by the October 29, 2008 Order of the Court in violation of that Restraining Notice. IT IS FURTHER ORDERED that while the Court has not imposed monetary sanctions at the present time, the Court reserves the possibility of imposing such monetary sanctions against the Republic at a later date. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
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| Filing 191 NOTICE of Joinder in motion for an order to show cause for finding of civil Contempt and sanction against the Republic of Argentina, dated May 19, 2009, brought by the Plaintiffs. Document filed by NML Capital, Ltd., EM Ltd.(djc) |
| Filing 195 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on Citibank N.A. on 5/19/09. Service was accepted by Ms. Bik Ying Ng, legal. Document filed by NML Capital, Ltd.(mro) |
| Filing 194 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on Citibank N.A. on 5/19/09. Service was accepted by Ms. Bik Ying Ng, legal. Document filed by NML Capital, Ltd. (mro) |
| Filing 187 JOINDER to join by the Republic of Argentina in Banco Central De La Republic of Argentina's Supplemental Papers in Response to the court's Questions of May 6, 2008 and in further opposition to Plaintiffs' Motions to attach or restraining Central Bank Reserves. Document filed by The Republic of Argentina.(djc) Modified on 5/26/2009 (djc). |
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Filing 186
ORDER that the motion of the Federal Reserve Bank of New York to file a brief as amicus curiae is granted. The Clerk of the Court is directed to docket this order and to accept the FRBNY's memorandum of law in the cases listed herein. (Signed by Judge Thomas P. Griesa on 5/20/09) (dle)(dle)
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| Filing 185 SEALED DOCUMENT placed in vault.(jri) |
| Filing 184 MOTION of Federal Reserve Bank of New York for Leave to File Brief as Amicus Curiae.(djc) |
| Filing 183 MEMORANDUM OF LAW of Amicus Curiae Federal Reserve Bank of New York. (djc) |
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Filing 181
ORDER: The Republic of Argentina (which shall for purposes of this Order include, without limitation, ANSES) shall produce on or before 5/15/09 to counsel for the Aurelius Plaintiffs, EM, NML, and GMO/TIAA all documents in its custody, possession, or control that are described in the Order to Show Cause entered on 4/24/09. The documents to be produced shall include documents which were created, updated, or received by the Republic of Argentina at any time on or before 10/29/08 and concerning any of the subjects listed herein. The Republic of Argentina (including, without limitation, ANSES) shall make available for deposition on dates to be agreed but not later than 5/29/09 Sergio Chodos and one or more Rule 30(b)(6) witnesses knowledgeable on the subjects listed herein. Plaintiffs shall be entitled to serve further discovery requests and deposition notices upon the Republic of Argentina (including, without limitation, ANSES) and any third-party subject to discovery in the United States as necessary and appropriate to determine the location of any ANSES CEDARs or other assets avaialable to satisfy the judgments. (Signed by Judge Thomas P. Griesa on 5/7/09) (tro)
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| Set Deadlines/Hearings: Deposition due by 5/29/2009. (tro) |
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Filing 177
STIPULATED AND ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 4/28/2009) (jpo)
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| Filing 176 DECLARATION of Michael A. Pizzi re: certain policies of the United States Marshals Service relating to the service and handling or orders of attachment and executions. Document filed by NML Capital, Ltd. (pl) |
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Filing 178
ORDER: The Republic's understanding is incorrect. The Republic is required to comply with the instructions in the court's April 3 opinion, as stated therein. The court does expect plaintiffs to exercise discretion in requesting further discovery. However, nothing in the court's comments on April 6 was intended to suggest that the Republic need not comply with the April 3 opinion. (Signed by Judge Thomas P. Griesa on 4/17/2009) (rw)
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| Filing 175 SUPPLEMENTAL DECLARATION of Julio Cesar Rivera. Document filed by NML Capital, Ltd.. (djc) |
| Filing 182 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on Banco Latinoamericano de Exportaciones S.A. on 3/27/09. Service was accepted by Ana M. Banegas (Administrative Asst.). Document filed by NML Capital, Ltd.. (ldi) |
| Filing 180 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attempted Service for Order of Attachment on Citibank N.A. on 3/27/09. Citibank legal dept will not accept Order of Attachment because the name is not in the Order of Attachment. Document filed by NML Capital, Ltd. (ldi) |
| Filing 179 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on Banco de la Nacion Argentina on 3/27/09. Service was accepted by Mr. R. H. Barrientos, V.P. Document filed by NML Capital, Ltd. (mro) |
| Filing 174 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on HSBC Bank USA, N.A. on 3/27/09. Service was accepted by Ms. D'Angelo, customer service. Document filed by NML Capital, Ltd. (mro) |
| Filing 173 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on HSBC Bank USA, N.A. on 3/27/2009. Service was accepted by Ms. D'Angelo. Document filed by NML Capital, Ltd.. (jfe) |
| Filing 172 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on Bank of America, N.A. on 3/27/09. Service was accepted by Mark F. Borowski (V.P.). Document filed by NML Capital, Ltd. (tro) |
| Transmission of 3rd Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #168 3rd Amended Notice of Appeal,. (nd) |
| Filing 168 THIRD AMENDED NOTICE OF APPEAL re: 98 Notice of Appeal, #118 Amended Notice of Appeal, #125 Second Amended Notice of Appeal, #158 Order. Document filed by Administracion Nacional de Seguridad Social. Copies of 3rdAmended Notice of Appeal mailed to attorney(s) of record: Gibson, Dunn, and Crutcher; Cleary Gottlieb Steen & Hamilton LLP. Dorsey & Whitney LLP. (nd) |
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Filing 167
OPINION: The Aurelius plaintiffs' letter request to compel the republic to comply with their discovery requests is granted, as set forth above. The GMO plaintiffs' motion to compel is compel is granted. ANSES's motion to quash is denied. So Ordered. (Signed by Judge Thomas P. Griesa on 4/3/09) (js)
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| Filing 171 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED. Service of Order of Attachment as to Citibank N.A. was attempted on 3/26/09. Document filed by NML Capital, Ltd. (dle) |
| Filing 170 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on HSBC Bank USA, N.A. on 3/26/09. Service was accepted by Ms. Gutieriez. Document filed by NML Capital, Ltd. (dle) |
| Filing 169 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order of Attachment served on Bank of America, N.A. on 3/26/09. Service was accepted by Mark F. Borowski. Document filed by NML Capital, Ltd. (dle) |
| Filing 166 SEALED DOCUMENT placed in vault.(rt) |
| Transmission of Notice of Appeal to the District Judge re: #165 Amended Notice of Appeal. (nd) |
| Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #165 Amended Notice of Appeal. (nd) |
| Filing 165 AMENDED NOTICE OF APPEAL re: #107 Notice of Appeal, #158 Order. Document filed by The Republic of Argentina. Copies of Amended Notice of Appeal mailed to attorney(s) of record: Dechert LLP. (nd) |
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Filing 164
OPINION #97250: Plaintiffs' motion for summary judgment is granted in part and denied in part. Plaintiffs are entitled to receive contractual interest at the rate calculated according to the FRANs, which is approved by the court as described above. However, there is no entitlement to receive statutory interest on unpaid contract interest accruing after acceleration. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/18/2009) (tve) Modified on 3/23/2009 (mro).
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Filing 163
ORDER: It is directed that the following error in the opinion of December 11, 2008 be corrected. In the last sentence of the first paragraph on page 25, the word "grant" should be changed to "waiver." The Court will issue an Amended Opinion with this correction, bearing the same date, December 11, 2008. So Ordered (Signed by Judge Thomas P. Griesa on 3/12/09) (js)
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Filing 162
AMENDED OPINION: The Court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the Court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. So Ordered. (Signed by Judge Thomas P. Griesa on 12/11/08) (js)
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Filing 158
ORDER: The motions made in the Orders to Show Cause of October 29, November 5, November 6, November 7, November 12, and November 19, 2008, to authorize service of Writs of Execution and to permit the issuance of Restraining Notices, are granted. The Writs of Execution may be served, but no property may be seized except upon further order of the court. The court considers that its December 11, 2008 opinion applies to this additional Order to Show Cause, and the applications therein are granted, in a similar fashion as stated above. The motion for an attachment and for the issuance of Restraining Notices contained in one of the November 6,2008 Orders to Show Cause is granted. The motion of plaintiff NML Capital to confirm the Order of Attachment with regard to its eight cases (05 Civ. 2434, etc.) is granted. The court affirms the continued validity of its October 31, 2008 Order, as modified, permitting restraints and levies in 03 Civ. 2507 and 03 Civ. 8845. Insofar as the Republic moves to vacate the modified October 31, 2008 order in 03 Civ. 2507 and 03 Civ. 8845, that motion is denied. Insofar as the Republic moves to vacate the temporary relief granted to the plaintiffs pending the hearing of their main motions, the motion of the Republic regarding the temporary relief is denied as moot. NML's motion for expedited discovery is denied as moot. (Signed by Judge Thomas P. Griesa on 3/4/2009) (jpo)
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| Filing 156 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert Cohen dated 2/18/09 re: Request by plaintiff NML Capital to file an oversized brief. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/20/09) (cd) |
| Filing 157 SUR-REPLY MEMORANDUM OF LAW in Further Opposition to the Cross-Motion of NML Capital, Ltd. to Confirm Priority. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. and Blue Angel Capital I LLC (djc) |
| Filing 161 REPLY MEMORANDUM OF LAW in support of its motion to vacate ex parte attachment and restraining orders. Document filed by Banco De La Nacion Argentina. (dle received on 3/10/09) |
| Filing 160 SUPPLEMENTAL DECLARATION of Professor Geoffrey Miller. Document filed by Banco De La Nacion Argentina. (dle received on 3/10/09) |
| Filing 159 SUPPLEMENTAL DECLARATION of Juan Carlos Fabrega. Document filed by Banco De La Nacion Argentina. (dle received on 3/10/09) |
| Filing 155 DECLARATION of Eric C. Kirsch in Support re: 135 MOTION Confirm Priority.. Document filed by NML Capital, Ltd.. (djc) |
| Filing 154 REPLY MEMORANDUM OF LAW in FURTHER Support re: 135 MOTION Confirm Priority Document filed by NML Capital, Ltd. (DOCMT RECEIVED IN NIGHT DEP. ON 2/18/98 AT 8:02 P.M.) (djc) Modified on 2/19/2009 (djc). |
| Filing 153 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 2/13/2009 re: Requesting permission to exceed Your Honor's page limit and submit a twenty seven page memorandum of law. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/19/2009) (jpo) |
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Filing 152
MEMO ENDORSEMENT re: NOTICE OF WITHDRAWAL OF COUNSEL FOR PLAINTIFF NML CAPITAL, LTD. plaintiff NML Capital, Ltd., by its undersigned attorneys, hereby withdraws William M. Jay as counsel of record in the above-captioned actions, pursuant to Rule 1.4 of the Local Civil Rules of the United States District Court for the Southern District of New York. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 2/11/09) (pl)
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Filing 151
ORDER; The Clerk of the Court is directed to docket, in the cases listed below, the papers filed in case 05-cv-4085 as documents 109, 110, 111,and 112: 03-cv-02507; 03-cv-08845; 05-cv-02434; 05-cv-04085; 06-cv-00207; 05-cv-10380; 05-cv-10382; 05-cv-10383; 06-cv-06466; 07-cv-01910; 07-cv-02690; 07-cv-02693; 07-cv-02715; 07-cv-05593; 07-cv-06563; 07-cv-11327; 08-cv-02541; 08-cv-03302; 08-cv-06978. (Signed by Judge Thomas P. Griesa on 2/10/09) (ae) Modified on 2/23/2009 (ae).
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| Filing 147 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 2/9/2009 re: Counsel writes to request a one week extension from February 11 to February 18, 2009, for NML to serve and file its reply brief in further support of its January 23, 2009 Motion to Confirm Priority. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/10/2009) (jfe) |
| Filing 146 SEALED DOCUMENT placed in vault.(jri) |
| Filing 145 DECLARATION of Erin M. Bradrick in Further Support re: 126 MOTION. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Received in night deposit box on 2/4/09 at 6:43 p.m. (db) |
| Filing 144 MEMORANDUM OF LAW in Further Support re: 126 MOTION. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Received in night deposit box on 2/4/09 at 6:43 p.m. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Barry Ostrager to MANUALLY RE-FILE Document Declaration in Support, Document No. 143. This case is not ECF. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Barry Ostrager to MANUALLY RE-FILE Document Reply Memorandum of Law in Support, Document No. 142. This case is not ECF. (jar) |
| Filing 143 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Erin M. Bradrick, Supplemental, in Support re: 135 MOTION Confirm Priority.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry) Modified on 2/5/2009 (jar). |
| Filing 142 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - REPLY MEMORANDUM OF LAW in Support re: 135 MOTION Confirm Priority. Omnibus Reply Memorandum in In Further Support. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry) Modified on 2/5/2009 (jar). |
| Filing 150 DECLARATION of Eric C. Kirsch in support of Plaintiff NML Capital Ltd.'s Motion to confirm the Attachment Order signed on November 24, 2008 and served on December 9, 2008. Document filed by NML Capital, Ltd.. (djc) |
| Filing 149 FOURTH DECLARATION of Martin Esteban Paolantonio in Support re: 111 MOTION to Confirm the Attachment OrdeR. Document filed by NML Capital, Ltd.. (djc) |
| Filing 148 REPLY MEMORANDUM OF LAW in Support re: 111 MOTION to Confirm the Attachment Order. Document filed by NML Capital, Ltd.. (djc) |
| Filing 141 SECOND DECLARATION of Jose R. Almonte in Support re: 108 MOTION for Writ of Execution. Document filed by NML Capital, Ltd. (dle) Modified on 2/3/2009 (dle). |
| Filing 140 REPLY MEMORANDUM OF LAW in Support re: 108 MOTION for Writ of Execution. Document filed by NML Capital, Ltd. (dle) |
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Filing 138
ORDER: The time for the Aurelius plaintiffs to submit a memorandum of law in response to GMO Emerging Country Debt L.P.'s Memorandum of Law in Opposition of Aurelius' Motion to Confirm Priority and to NML Capital's Omnibus Memorandum of Law on Priority Issues is extended until February 4, 2009. The Clerk of the Court is directed to docket this order in the following cases: 05-2434, 05-10380, 05-10382, 05-10383, 06-6466, 07-1910, 07-2690, 07-2693, 07-2715, 07-6563, 07-11327, 08-2541, 08-3302, 08-6978. (Signed by Judge Thomas P. Griesa on 1/29/2009) (jfe)
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| Filing 139 DECLARATION of ERIC C. KIRSCH. (jpo) |
| Filing 137 DECLARATION of PATRICK M. CONNORS. (jpo) |
| Filing 136 PLAINTIFF NML CAPITAL LTD'S OMNIBUS MEMORANDUM OF LAW ON PRIORITY ISSUES. Document filed by NML Capital, Ltd. (jpo) |
| Filing 135 NOTICE OF MOTION TO CONFIRM PRIORITY: NML Capital, Ltd. will move this Court on February 17, 2009 at 9:30 a.m., for an Order pursuant to Rules 64 and 69 of the F.R.C.P. and Section 5234 of the New York Civil Practice Law and Rules for an order confirming NML's Priority with respect to certain Argentine pension assets attached by an Order of Attachment dated October 31, 2008. Document filed by NML Capital, Ltd. Return Date set for 2/17/2009 at 09:30 AM.(jpo) |
| Filing 134 SUPPLEMENTAL DECLARATION of Marco E. Schnabl in Support re: 111 MOTION to Confirm the Attachment Order. Document filed by Argentine National Social Security Administration. (ae) |
| Filing 133 DECLARATION of Marco E. Schnabl in Opposition to motion by NML Capital, Ltd. to Confirm the Attachment Order signed on 11/24/08. Document filed by The Argentine National Social Security Administration. (tro) |
| Filing 132 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion to Confirm the Ex Parte Attachment Order of 11/24/08. Document filed by The Republic of Argentina. (tro) |
| Filing 131 DECLARATION of David Dunn in Support of GMO Plaintiffs' Opposition of Aurelius' Motion to Confirm Priority. Document filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt LP. (tro) |
| Filing 130 MEMORANDUM OF LAW in Opposition of Aurelius' Motion to Confirm Priority. Document filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt LP. (tro) |
| Filing 129 NOTICE OF APPEARANCE by David Dunn on behalf of GMO Emerging Country Debt Fund, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt LP (cd) |
| Filing 128 REPLY MEMORANDUM OF LAW in Support re: 95 MOTION to Vacate.. Document filed by The Republic of Argentina. (cd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #124 Amended Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #124 Amended Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #125 2nd Amended Notice of Appeal,. (nd) |
| Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #125 2nd Amended Notice of Appeal,. (nd) |
| Filing 125 SECOND AMENDED NOTICE OF APPEAL re: 98 Notice of Appeal, #118 Amended Notice of Appeal, #117 Memorandum & Opinion,. Document filed by Administracion Nacional de Seguridad Social. Copies of 2nd Amended Notice of Appeal mailed to attorney(s) of record: Gibson, Dunn, and Crutcher; Cleary Gottlieb Steen & Hamilton LLP. (nd) |
| Filing 124 AMENDED NOTICE OF APPEAL re: #99 Notice of Appeal, #94 Order on Motion to Vacate, #117 Memorandum & Opinion. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Unidos S.A. AFJP, Profesion+Auge AFJP S.A. Copies mailed to attorney(s) of record: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp) |
| Filing 123 DECLARATION of David Dunn in Opposition. Document filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Dunn, David) |
| Filing 122 MEMORANDUM OF LAW in Opposition Of Aurelius' Motion To Confirm Priority (07 Civ. 2715) (07 Civ. 11327) (07 Civ. 2693).. Document filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt Investment Fund PLC, GMO Emerging Country Debt LP. (Attachments: #1 Certificate of Service)(Dunn, David) |
| Filing 127 MEMORANDUM OF LAW in Support of the Aurelius Plaintiff opposition to Plaintiff NML Capital, LTD.s motion confirm their 11/24/08 Attachment Order and cross-motion to vacate or modify the attachment order. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (pl) |
| Filing 126 NOTICE OF CROSS-MOTION for an order pursuant to Fed.R.Civ.P. 64 & 69 and Section 6223 of the NYCPL and Rules for an order (i) denying confirmation of the 11/24/08 Attachment Order, or in the alternative, (ii) modifying that Attachment Order to account for the defects identified in the Aurelius Plaintiffs motion to confirm Priority, or (iii) in the event that the Court confirms the Attachment Order prior to ruling on the Aurelius Plaintiffs motion to confirm priority, inclusion of the following language in any order confirming the Attachment Order, as was included in footnote 3 of the Courts 12/11/08 Opinion in the within listed cases. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC.(pl) |
| DECLARATION of Marco E. Schnabl Attaching Previously Submitted Materials. Document filed by Administracion Nacional de Seguridad Social. (Orig. doc. filed in case no. 03 cv 2507, as doc. #219)(ae) |
| ***STRICKEN DOCUMENT. Deleted document number 120 from the case record. The document was stricken from this case pursuant to #121 Order Striking Document from Record. (ae) |
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Filing 121
ORDER: The Clerk of the Court shall strike the following entries from the dockets in these cases; 05 Civ. 2434 Doc. #120, 06 Civ. 6466 Doc. #85, 07 Civ. 1910 Doc #66, 07 Civ. 2690 Doc # 67, 07 Civ. 6563 Doc. #58, 08 Civ. 3302 Doc. #70, 08 Civ. 6978 Doc. #63, 08 Civ. 7974 Doc. #67. (Signed by Judge Thomas P. Griesa on 1/6/09) (tro)
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Filing 119
STIPULATION AND ORDER: The Republic shall have until 1/16/09 to serve papers in response to plaintiffs' cross-motion dated 12/12/08 for issuance of a writ of execution against certain property of the Republic subject to the 9/12/08 attachment and restraining orders. Plaintiffs shall have until 1/30/09 to serve reply papers, if any, in further support of the Motion. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
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| Transmission of Notice of Appeal to the District Judge re: #118 Amended Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #118 Amended Notice of Appeal,. (nd) |
| Filing 116 NOTICE OF APPEARANCE by Robert Edward Grossman on behalf of Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Unidos S.A. AFJP, Profesion+Auge AFJP S.A. (Grossman, Robert) |
| Filing 114 MEMORANDUM OF LAW in Support re: 111 MOTION to Confirm the Attachment Order.. Document filed by NML Capital, Ltd.. (cd) |
| Filing 113 THIRD DECLARATION of Martion Esteban Paolantonio in Support re: 111 MOTION to Confirm the Attachment Order. Document filed by NML Capital, Ltd. (cd) |
| Filing 111 MOTION to Confirm the 11/24/08 Attachment Order. Document filed by NML Capital, Ltd..(cd) |
| Transmission of Notice of Appeal to the District Judge re: #107 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #107 Notice of Appeal. (tp) |
| Filing 118 AMENDED NOTICE OF APPEAL re: 98 Notice of Appeal, #117 Memorandum & Opinion,. Document filed by Administracion Nacional de Seguridad Social. Copies of Notice of Appeal mailed to attorney(s) of record: Gibson, Dunn, and Crutcher; Cleary Gottlieb Steen & Hamilton LLP. (nd) |
| Filing 107 NOTICE OF APPEAL from #94 Order on Motion to Vacate, 97 Order on Motion to Attach, #102 Order, Memo Endorsement as further set forth. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 672683. (tp) (tp). |
| Filing 115 DECLARATION of Rahul Mukhi to file a certain document previously submitted to the Court in the referenced date and served on the parties. Document filed by The Republic of Argentina.(djc) |
| Filing 112 DECLARATION of Ross Hirsch in Support re: 111 MOTION to Confirm the Attachment Order. Document filed by NML Capital, Ltd. (cd) |
| Filing 110 MEMORANDUM OF LAW in Support re: 108 MOTION for Writ of Execution.. Document filed by NML Capital, Ltd. (cd) |
| Filing 109 DECLARATION of Jose Almonte in Support re: 108 MOTION for Writ of Execution.. Document filed by NML Capital, Ltd.. (cd) |
| Filing 108 CROSS MOTION for Writ of Execution Against Certain Property of the Republic of Argentina Subject to the 9/12/08 Attachment. Document filed by NML Capital, Ltd.(cd) |
| Filing 106 DECLARATION of SECOND SUPPLEMENTAL DECLARATION OF DENNIS H. HRANITZKY. Document filed by NML Capital, Ltd. (tro) |
| Filing 105 SECOND DECLARATION of Gerard Caprio, Jr., Ph.D. Document filed by NML Capital, Ltd. (tro) |
| Filing 104 PLAINTIFFS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION TO CONFIRM ATTACHMENT AND RESTRAINING ORDERS, AND MEMORANDUM IN OPPOSITION TO BANCO DE LA NACION ARGENTINA'S MOTION TO VACATE ATTACHMENT AND RESTRAINING ORDERS. Document filed by NML Capital, Ltd. (tro) |
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Filing 117
OPINION # 96854. The court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. (Signed by Judge Thomas P. Griesa on 12/11/08) (mme)
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Filing 102
ORDER: The Clerk of the Court is directed to make entries on the dockets of the cases listed in the Annex to this order that indicate that the following documents, which were filed in the above-captioned cases, also apply to the cases listed in the Annex: The documents filed as entry nos. 49, 50, 51, 52, 53, 58, 60, and 63 on the docket of case 07-cv-2715; and The documents filed as entry nos. 47, 49, 50, and 51 on the docket of case 07-cv-11327; and The court's opinion dated December 11, 2008, which has been filed under case 07-cv-2715. (Signed by Judge Thomas P. Griesa on 12/11/2008) (kkc)
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| Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 98 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5623-cv, were transmitted to the U.S. Court of Appeals. (Total of 5 volumes of records delivered to V. Mathias of USCA on 12/11/2008) (nd) |
| SECOND DECLARATION of Dennis H. Hranitzky in Support re: EX PARTE MOTION for entry of Attachment and restraining orders. Document filed by NML Capital, Ltd. Original document filed under case no. 03-cv-2507, document #204. (tro) |
| Filing 101 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 98 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5623-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (nd). |
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Filing 103
ORDER OF ATTACHMENT against all tangible or intangible property...of the defendant in the amount of $1,525,190,496. (Signed by Judge Thomas P. Griesa on 11/24/08) (tro)
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Filing 100
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 12/1/2008 re: Counsel to inform the Court that all of the parties to these actions have agreed to extend by one week certain briefing deadlines relating to Plaintiffs' motion to confirm the attachment and restraining orders entered by the Court on September 12 (the "Orders") and Defendants' cross motions to vacate the Orders. The proposed amended briefing schedule is as follows: December 12, 2008: Plaintiffs' reply in support of motion to confirm and oppositions to cross motions to vacate; January 16, 2009: Defendants' replies in support of cross motions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/2/2008) (jfe)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #99 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #99 Notice of Appeal,. (nd) |
| Filing 99 NOTICE OF APPEAL from #94 Order on Motion to Vacate. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A. Filing fee $ 455.00, receipt number E 670651. Copies of Notice of Appeal mailed to attorney(s) of record: Dechert, LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden, Arps, Slate, Meagher & Flom LLP. (nd) |
| Transmission of Notice of Appeal to the District Judge re: 98 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 98 Notice of Appeal. (tp) |
| Filing 98 NOTICE OF APPEAL from 97 Order on Motion to Attachment.... Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 669194. Copies mailed to attorney(s) of record: Dechert LLP; Debevoise & Plimpton LLP. (tp) |
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Filing 97
ORDER OF ATTACHMENT, that the United State Marshal for the Southern District of New York or any person appointed to act in his place and stead, or NMLs attorneys, levy upon, but refrain from taking into actual custody pending further order of this court, assets of the Defendants within this jurisdiction at any time before final judgment in all of the within mentioned actions, such as will satisfy the within mentioned sum of $2,061,450,235, and consisting of further relief as set forth in this order.. (Signed by Judge Thomas P. Griesa on 10/31/08) (pl)
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| EX PARTE MOTION, for an order pursuant to rules 64 and 69 of the F.R.C.P. and Articles 52 and 62 of the New York Civil Practices Law and Rules, for an Order of attachment and a restraining Order directed to any and all property in the U.S. held by or in the name of Argentina's national social security administration, know as ANSES, or by or in the name of one the various Argentine private pension funds, known as AFJPs and granting such other and further relief as the Court deems appropriate. (orig. docketed in 03cv2507 as document #183) Document filed by NML Capital, Ltd..(pl) |
| MEMORANDUM OF LAW in Support re: MOTION for Attachment and restraining order. (orig. docketed in 03cv2507 as document #184). Document filed by NML Capital, Ltd. (pl) |
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MEMO ENDORSEMENT on ORDER TO SHOW CAUSE, re: MOTION for Attachment and restraining order. filed by EM Ltd., NML Capital, Ltd. ENDORSEMENT: NOT SIGNED, Judge Thomas P. Griesa on 10/31/08. (Signed by Judge Thomas P. Griesa on 10/31/08). (orig. docketed in 03cv2507 as document #187). (pl)
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| DECLARATION of Eric C. Kirsch in Support re: MOTION for Attachment and restraining order. Document filed by NML Capital, Ltd. (orig. docketed in 03cv2507 as document #185). (pl) |
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Filing 94
MODIFIED ORDER OF ATTACHMENT: The motion for a modified order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 USC 1610(c) following entry of a judgment for NML in all of the Pending NML Actions; and that the amount to be secured by this Order is $980,368,574; and it is further ORDERED that the United States Marshal for the Southern District of New York or any person appointed to act in his place and stead, or NML's attorneys, levy upon, but refrain from taking into actual custody pending further order of this Court, the following assets within this jurisdiction at any time before final judgment in all of the above-captioned actions, such as will satisfy the above-mentioned sum of $980,368,574 as further set forth in said Order. The attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this attachment Order, of which the total amount is on condition that NML pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this attachment Order if it is decided that NML is not entitled to an attachment of the property described above. All persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt. (Signed by Judge Thomas P. Griesa on 11/7/08) (db) Modified on 11/7/2008 (db). Modified on 11/12/2008 (db).
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| Filing 96 MEMORANDUM OF LAW in Support re: 95 MOTION to Vacate.. Document filed by The Republic of Argentina. (djc) |
| Filing 95 MOTION to Vacate Ex Parte Restraining ORrers and Orders of Attachment. Attached are declarations of Blasco, C. Paz and A. Chung. Document filed by The Republic of Argentina.(djc) |
| Filing 93 DECLARATION of Laura M. Lestrade in opposition to the motion filed by plaintiffs to confirm the ex parte restraining and attachment orders of this court dated 9/12/08 and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 92 DECLARATION of Professor Geoffrey Miller in support of defendant Banco de la Nacion Argentina's opposition to the motion of plaintiffs for an order attaching and restraining certain assets held by BNA's New York Branch in the U.S. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 91 DECLARATION of Eduardo Barreira Delfino in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 90 DECLARATION of Patricio Suarez Buyo in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 89 DECLARATION of Cosme Juan Carlos Belmonte in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 88 DECLARATION of Jose Caceres Monie in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 87 DECLARATION of Lic. Mercedes Marco Del Pont in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 86 DECLARATION of Juan Carlos Fabrega in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 85 MEMORANDUM OF LAW in opposition to plaintiffs' motion to confirm ex parte attachment and restraining orders and in Support re: 84 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 84 MOTION for an order pursuant to Federal Rules of Civil Procedure 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, vacating the ex parte restraining and attachment orders dated 9/12/08. Document filed by Banco De La Nacion Argentina.(dle) Modified on 11/7/2008 (db). |
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Filing 83
STIPULATION AND ORDER FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION PRODUCED BY THIRD-PARTY FEDERAL RESERVE BANK OF NEW YORK...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 10/28/08) (tro)
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| Filing 82 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/29/08 re: Counsel requests that the court grant the amended schedule as follows: October 31, 2008 defendants opposition and cross motion to vacate; December 5, 2008 Plaintiffs reply and opposition to cross motion; January 9, 2009 Defendants reply in support of cross motion. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/1/08) (mme) |
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Filing 81
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/25/2008 re: Requesting that the Court approve the following briefing schedule for plaintiffs motion to confirm restraining and attachment orders; October 22, 2008 Defendants opposition and cross motion to vacate. November 21, 2008 Plaintiffs reply and opposition to cross motion. December 19, 2008 Defendants' reply in support of cross motion. ENDORSEMENT: Approved (Signed by Judge Thomas P. Griesa on 9/26/2008) (jpo)
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| Filing 78 MOTION to confirm restraining and attachment orders. Document filed by NML Capital, Ltd..(djc) Modified on 11/12/2008 (db). |
| Filing 80 MEMORANDUM OF LAW in Support re: 78 MOTION to confirm restraiing and attachment orders. Document filed by NML Capital, Ltd.. (djc) |
| Filing 79 FIRST SUPPLEMENTAL DECLARATION of Dennis H. Hranitzky. Document filed by NML Capital, Ltd.. (djc) |
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Filing 77
STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Thomas P. Griesa on 9/10/2008) (jfe)
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| Transmission of USCA Mandate/Order to the District Judge re: #76 USCA Mandate. (tp) |
| Filing 76 MANDATE of USCA (Certified Copy) as to 7 Notice of Interlocutory Appeal, filed by NML Capital, Ltd. USCA Case Number 05-1543-cv. It is Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 5/20/05. (tp) |
| REPLY DECLARATION of Robert D. Carroll in further Support re: 66 MOTION for Summary Judgment as to interest owed on the Frans, and for entry of judgments. (original document filed in 06cv3328 as document #55).(pl) |
| REPLY DECLARATION of Dennis H. Hranitzky in Support re: 45 MOTION for Summary Judgment as to interest owed on the Frans, and for entry of judgments. (original document filed in 06cv3328 as document #54) Document filed by NML Capital, Ltd. (pl) |
| REPLY DECLARATION of Walter Rieman in further support of Plaintiffs' motions for partial summary judgment as to interest owed on the Frans, and for entry of judgments, w/ attch. Exhibits A thru Z & Exhibits AA & BB. (original document filed in 06cv3328 as document #56). Document filed by NML Capital, Ltd.. (pl) |
| REPLY DECLARATION of Dennis H. Hranitzky in further Support. (original document filed in 06cv5887 as document #25) Document filed by NML Capital, Ltd. (pl) |
| REPLY MEMORANDUM OF LAW in further Support re: 66 MOTION for Summary Judgment. (original document filed in 06cv5887 as document #26). Document filed by NML Capital, Ltd.. (pl) |
| REPLY DECLARATION of Robert D. Carroll in Support re: 66 MOTION for Summary Judgment. (original document filed in 06cv5887 as document #24). Document filed by NML Capital, Ltd.. (pl) |
| DECLARATION of Michael Rashes in Support re: 66 MOTION for Partial Summary Judgment as to amount of interest owed on the Frans, and for entry of judgments. (original document filed in 06cv5887 as document #27). Document filed by NML Capital, Ltd.. (pl) |
| REPLY DECLARATION of Walter Rieman in further Support re: 66 MOTION for Partial Summary Judgment as to amount of interest owed on the Frans, and for entry of judgments. (original document filed in 06cv5887 as document #28). Document filed by NML Capital, Ltd.. (pl) |
| Filing 75 NOTICE OF CHANGE OF ADDRESS by Robert A. Cohen on behalf of NML Capital, Ltd.. New Address: Dechert LLP, 1095 Avenue of the Americas, New York, New York, 10036-6797, 212-698-3500. (pl) |
| Filing 74 DECLARATION of Sara A.Sanchez in Opposition re: 66 MOTION for Summary Judgment. Document filed by The Republic of Argentina. (djc) |
| Filing 73 MEMORANDUM OF LAW in Opposition re: 66 MOTION for Summary Judgment.. Document filed by The Republic of Argentina. (djc) |
| Filing 72 RESPONSE of the Republic of Argentina to Plaintiffs' Statement of Material Facts Pursuant to Local Rule 56.1. Document filed by The Republic of Argentina. (djc) |
| Filing 71 RULE 56.1 STATEMENT. Document filed by NML Capital, Ltd.. Received in Night Deposit on 4/10/2008 at 8:15 p.m. (jp) |
| Filing 70 DECLARATION of Walter Reiman in Support re: 66 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. Received in Night Deposit on 4/10/2008 at 8:15 p.m. (jp) |
| Filing 69 DECLARATION of Robert D. Carroll in Support re: 66 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. Received in Night Deposit on 4/10/2008 at 8:15 p.m. (jp) |
| Filing 68 DECLARATION of Dennis H. Hranitzky in Support re: 66 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. Received in Night Deposit on 4/10/2008 at 8:15 p.m. (jp) |
| Filing 67 MEMORANDUM OF LAW in Support re: 66 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. Received in Night Deposit on 4/10/2008 at 8:15 p.m. (jp) |
| Filing 66 MOTION for an order pursuant to rules 54, 56 and 58 of the Federal Rules of Civil procedure granting partial summary judgment to the plantiffs as to the amount of interest owed by the FRAN's, and directing entry of judgment in this action. Document filed by NML Capital, Ltd..Received in Night Deposit on 4/10/2008 at 8:15 p.m.(jp) |
| NOTICE OF APPEARANCE by Joel M. Miller on behalf of NML Capital, Ltd. (orig fld in 03-8845, doc #102) (cd) |
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Filing 65
ORDER denying 13 Motion to Dismiss. (Signed by Judge Thomas P. Griesa on 3/28/08) (cd)
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| Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Haynee C. Kang on behalf of NML Capital, Ltd. (Kang, Haynee) Modified on 3/27/2008 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Haynee C. Kang to RE-FILE Document #64 Notice of Appearance. ERROR(S): (1) Attorney Listed w/signature (Joel M. Miller) different than Attorney requesting to appear. (2) This is NOT an ECF case. Manually re-file. (db) |
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Filing 63
ORDER denying Defendant's 34 Motion to Amend/Correct. (Signed by Judge Thomas P. Griesa on 3/17/08) (db)
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ORDER denying (No. 117 in 03-cv-2507) Motion for Discovery. The court held a conference on November 29, 2006 to discuss the motion, and ruled that plaintiffs' motion for limited expedited discovery is denied without prejudice to a later application for discovery and without prejudice to a subsequent order by the court in the event it deems additional discovery necessary. (Signed by Judge Thomas P. Griesa on 3/14/08) Original document filed under case no. 03-cv-2507, document # 168. (tro)
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| Filing 62 MANDATE of USCA (Certified Copy) as to 37 Notice of Appeal, filed by NML Capital, Ltd. USCA Case Number 06-0405-cv. It is Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/14/07. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #62 USCA Mandate,. (tp) |
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ENDORSED LETTER: addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 10/29/07 re: Counsel for plaintiff NML Capital Ltd. write to advise the Court of the schedule agreed to among the parties, subject to approval by the Court, for submitting the supplemental briefs requested by the Court on the teleconference last Friday. The parties have agreed to simultaneous briefing, with the first round of briefs to be due on Wednesday, November 21 and the second to be due on Monday, December 10-a week before the hearing scheduled for Monday, December 17 at 10:00 a.m. ENDORSEMENT: Approved. So Ordered. Original Document filed in case # 03-cv-2507 Doc.# 163. (Signed by Judge Thomas P. Griesa on 11/9/07) (js)
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STIPULATION AND ORDER TO EXTEND TIME FOR GARNISHEE TO SERVE REPLY PAPERS: It is hereby stipulated and agreed, by and between plaintiffs EM Ltd. and NML Capital Ltd., defendant The Republic of Argentina and garnishee Banco de la Nacion Argentina ("BNA"), through their undersigned counsel, that the time for BNA to submit reply papers in support of its Motion to Vacate Ex Parte Attachment and restraining Orders shall be extended from September 14, 2007 up to and including September 21, 2007. So Ordered. Original Document filed in case #03-cv-2507 Doc.# 159 (Signed by Judge Thomas P. Griesa on 9/17/07) (js)
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| BOND # 0446826 in the amount of $ 100,000.00 posted by NML Capital, Ltd.. Original Document # 14 Filed in 03 Civ. 2507. (dt) |
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Filing 57
ORDER of USCA (Certified Copy) as to 37 Notice of Appeal, filed by NML Capital, Ltd. USCA Case Number 06-0403-cv, 06-0405-cv, 06-0406-cv. IT IS HEREBY ORDERED that the motion to stay the mandate pending filing of certiorari petition is GRANTED. Thomas Asreen, Acting Clerk USCA. Certified: 3/14/2007. (nd)
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| CASHIERS OFFICE REMARK in the amount of $25.00, paid on 2/27/07, Receipt Number 607319. (dle) |
| MOTION for William M. Jay to Appear Pro Hac Vice. Document filed by NML Capital, Ltd..(dle) Modified on 3/6/2007 (Lewis, Diahan). Original document filed in case #03cv2507, document #129. |
| Filing 56 Costs Taxed USCA Case Number 06-0405. in the amount of $1861.50. Docketed as Judgment #07,0237 on 2/6/2007 in favor of Interested-Non-Party-Appellee, BCRA against EM Ltd. and NML Capital, Ltd.. (nd) |
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Filing 55
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 12/8/2006) (lb, )
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| Filing 51 REPLY MEMORANDUM OF LAW in Support of plaintiff's motion for restraining order and Pre-Judgment attachment. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 54 DECLARATION of Julio Cesar Rivera. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 53 DECLARATION of Ellen A. Hochnerg in Support of plaintiff's motion for restraining order and Pre-Judgment attachment. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 52 REBUTTAL DECLARATION of Alex Cukierman. Document filed by NML Capital, Ltd.. (jmi, ) |
| ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H Hranitzky dated 11/15/06 re: granting plaintiffs EM Ltd. and NML Capital Ltd. requests for leave to submit a reply memorandum of up to 16 pages in support of plaintiffs' motion for limited expedited discovery on Friday, 11/17. (orig. document docketed in 03cv2507 as document #121). (Signed by Judge Thomas P. Griesa on 11/16/06) (pl, ) |
| Filing 50 SUPPLEMENTAL DECLARATION of Laurent's Wiesel re; certain documents related to BCRA's Memorandum of Law in Opposition to Plaintiffs' Motion for expedited discovery dated 11/14/06. (pl, ) |
| Filing 49 MEMORANDUM OF LAW in Opposition to Plaintiffs motion for expedited discovery. Document filed by The Republic of Argentina. (pl, ) |
| Filing 48 DECLARATION of Laurent S. Wiesel to put before the Court certain documents related to BCRA's Memorandum of Law in Opposition to Plaintiffs' Motion for Execution and Pre-judgment Attachment dated Septembe 25, 2006. Document filed by The Republic of Argentina. (djc, ) |
| Filing 47 DECLARATION of Juan Basco, Laura D'Amato, Carlos Gustavo Gerscovich, Ernest T. Patrikis and Pierre L. Siklos in Support of Opposition to Plaintiffs' Motion for Execution and Pre-Judgment Attachment. Document filed by The Republic of Argentina. (djc, ) |
| Filing 46 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Execution and Pre-Judgment Attachment. Document filed by The Republic of Argentina. (djc, ) |
| Filing 45 NOTICE OF APPEARANCE by Matthew Dempsey McGill on behalf of NML Capital, Ltd. (dle, ) |
| Filing 44 DECLARATION of Claudio D. Salas Supplementing the Previousuly Filed Alex Cukieran Declaration. Document filed by NML Capital, Ltd.. (jmi, ) |
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Filing 39
STIPULATION AND CONSENT ORDER; that the stay of the vacatur of the attachments and restraining notices pending appeal issued on 1/24/06, will continue pending further order of this Court with respect to the Attached property. Should this Court grant the Alter Ego Motion, the previous attachment shall continue to apply to the Attached Property. Should this Court deny the Alter Ego Motion, the Stay will cease, unless the Court orders otherwise provided, however, that the Stay will continue should the Appeal still be pending. The Central Bank and Argentina shall serve opposition to the Alter Ego Motion on or before 10/26/2006. Plaintiffs shall reply, if any, replies on or before 11/9/2006. (Signed by Judge Thomas P. Griesa on 9/28/06) (pl, )
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| Filing 43 DECLARATION of Dennis H. Hranitzky in Support of Plaintiffs' Motion for Execution or Restraining Notice and Pre-Judgment Attachment. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 42 DECLARATION of Robert A. Cohen in Support of Plaintiffs' ExParte motion for execution and prejudgment attachnent. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 41 DECLARATION of Alex Cukierman, Ph.D.. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 40 MEMORANDUM OF LAW in Support of Plaintiffs' ExParte motion for execution and pre-judgment attachnent. Document filed by NML Capital, Ltd.. (jmi, ) |
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Filing 38
OPINION # 93105: for reasons further set forth in said Order plaintiff NML Capital, Ltd.'s 16 MOTION for Summary Judgment is GRANTED. (Signed by Judge Thomas P. Griesa on 5/10/06) (db, )
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| Transmission to Judgments and Orders Clerk. Transmitted re: 38 Memorandum & Opinion, to the Judgments and Orders Clerk. (db, ) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 37 Notice of Appeal,. (nd, ) |
| Transmission of Notice of Appeal to the District Judge re: 37 Notice of Appeal,. (nd, ) |
| Filing 37 NOTICE OF APPEAL from court's order made on the record on January 12, 2006, filed under seal and court's order, dated January 24, 2006, filed under seal. Document filed by NML Capital, Ltd.. Filing fee $ 255.00, receipt number E 568571. Copies of Notice of Appeal mailed to Attorney(s) of Record: Cleary Gottlieb Steen & Hamilton, LLP and Sullivan & Cromwell LLP. (nd, ) |
| Garnishee Credit Suisse First Boston LLC's Garnishee's Statement. (orig. docmt dktd in case no. 03 cv 2507, docmt #83) (djc, ) |
| TRANSCRIPT of proceedings before Judge Thomas P. Griesa. Original in 03cv8845, document #66.(jar, ) |
| REPLY MEMORANDUM OF LAW in Support re: 34 MOTION to Amend/Correct. Document filed by The Republic of Argentina. Original filed in case 03cv8845, doc #65. (jco, ) |
| Filing 35 MEMORANDUM OF LAW in Opposition to Defendant's re: 34 MOTION to Amend/Correct.. Document filed by NML Capital, Ltd.. (jmi, ) |
| MEMORANDUM OF LAW in Support re: 61 MOTION to Amend Answer pursuant to Rule 15(a). Original document filed in case 03cv8845 as document #63. Document filed by The Republic of Argentina. (ps, ) |
| Filing 34 MOTION to Amend the Answer. Document filed by The Republic of Argentina. (ps, ) |
| Filing 33 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - CERTIFICATE OF SERVICE of Amended Answer and Counterclaim; Notice of Motion for Leave to Amend Pursuant to Rule15(a); Memorandum of Law of The Republic of Argentina in Support of its Motion for Leave to Amend Answer Pursuant to Rule 15(a) served on Kevin S. Reed, Esq. on July 18, 2005. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 8/16/2005 (gf, ). |
| Filing 32 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - MEMORANDUM OF LAW in Support re: #31 MOTION to Amend/Correct /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. [Memorandum of Law of the Republic of Argentina in Support of its Motion for Leave to Amend Answer Pursuant to Rule 15(a). Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 8/16/2005 (gf, ). |
| Filing 31 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - MOTION to Amend/Correct /Notice of Motion for Leave to Amend Pursuant to Rule 15(a) dated July 18, 2005. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 8/16/2005 (gf, ). |
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Filing 36
ORDER the Court finds that good cause exists for filing under seal, and DIRECTS the Clerk of the Court to file the Summary Judgment Opposition and the Moore Declaration (with exhibits) under seal. So Ordered. (Signed by Judge Lawrence M. McKenna, Part I on 6/17/05) (jco, )
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| Transmission to Sealed Records Clerk. Transmitted re: #36 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jco, ) |
| Filing 29 STIPULATION; regarding procedures that will govern the handling of "Confidential Information." (Signed by Judge Denise L. Cote, Part I, on 6/8/05) (sac, ) |
| Filing 28 REPLY DECLARATION of Robert A. Cohen in further Support re: 16 MOTION for Summary Judgment. Document filed by NML Capital, Ltd.. (pl, ) |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment. Document filed by NML Capital, Ltd.. (pl, ) |
| Filing 26 REPLY DECLARATION of Stephen M. Schultz in Support re: 16 MOTION for Summary Judgment. Document filed by NML Capital, Ltd.. (pl, ) |
| Filing 23 REPLY DECLARATION of Ross L. Hirsch in Further Support re: 13 MOTION to Dismiss.. Document filed by NML Capital, Ltd.. (pf, ) |
| Filing 22 REPLY MEMORANDUM OF LAW in Further Support re: 13 MOTION to Dismiss.. Document filed by NML Capital, Ltd.. (pf, ) |
| Filing 20 DECLARATION of Robert A. Cohen in Support of Plaintiff's re: 16 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 19 DECLARATION of Stephen M. Schultz in Support of Plaintiff's re: 16 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 18 MEMORANDUM OF LAW in Support Of Plaintiff's re: 16 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 17 STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1 STATEMENT. Document filed by NML Capital, Ltd.. (jmi, ) |
| Filing 16 MOTION for Summary Judgment to Plaintiff on the Complaint. Document filed by NML Capital, Ltd.. (jmi, ) |
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ORDER the stay is hereby vacated and dissolved. So Ordered. Original filed in case 03cv2507, doc #82. (Signed by Judge Thomas P. Griesa on 5/23/05) (jco, )
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| Filing 15 DECLARATION of Robert A. Cohen in Support re: 13 MOTION to Dismiss counterclaim. Document filed by NML Capital, Ltd.. (dle, ) |
| Filing 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss.. Document filed by NML Capital, Ltd.. (dle, ) |
| Filing 13 MOTION for an order pursuant to Rules 12(b)(1) and 12(b)(6) of the FRCP dismissing dft's counterclaim. Document filed by NML Capital, Ltd.. (dle, ) |
| DECLARATION of Ethan J. Leib in Support of plaintiffs' memorandum in opposition to dft's request to lift stay of vacatur of restraining notice and attachments. Document filed by EM Ltd.. (dle, )Original document filed in case #03cv2507, document #80. |
| MEMORANDUM OF LAW in Opposition to dft's request to lift stay of vacatur of restraining notice and attachments. Original document filed in case #03cv2507, document #81. (dle, ) |
| Filing 12 DECLARATION of Federico Carlos Molina in Support of the Application by the Republic to dissolve the stay granted by the Court. Document filed by The Republic of Argentina. (mde, ) |
| Filing 11 MEMORANDUM OF LAW of the Republic of Argentina Regarding Lifting of Stay of Vacatur of Attachment And Restraining Orders. Document filed by The Republic of Argentina. (mde, ) |
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Filing 10
ORDER TO FILE UNDER SEAL. The Court finds that good cause exists for filing under seal, and directs the Clerk of the Court to file the answer and counterclaim under seal (Signed by Judge Thomas P. Griesa on 5/2/05) (yv, )
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| MEMORANDUM OF LAW in Support of motion, by order to show cause, to vacate order of attachment and restraining order. Original document filed in case #03cv8845, document#53. Document filed by The Republic of Argentina. (dle, ) |
| DECLARATION of Federico Carlos Molina in Support of the Republic's application for an order to show cause why the court should not vacate its order of 3/21/05. Document filed by The Republic of Argentina. (dle, ) Original document filed in case #03cv8845, document #54 |
| Filing 8 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 7 Notice of Interlocutory Appeal, filed by NML Capital, Ltd., USCA Case Number 05-1543-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, ) Modified on 4/11/2005 (pr, ). Modified on 4/11/2005 (pr, ). |
| Transmission of Notice of Appeal to the District Judge re: 7 Notice of Interlocutory Appeal. (tp, ) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 7 Notice of Interlocutory Appeal. (tp, ) |
|
CERTIFICATION ORDER: in the event the Court of Appeals concludes that this Court's Order is not otherwise appealable under 28 USC 1291 or 28 USC 1292(a), this Court finds that the criteria for appeal pursuant to 28 USC1292(b) are met as further set forth in said Order. original document filed in 03cv8845 (TPG), document # 48. (Signed by Judge Thomas P. Griesa on 3/30/05) (db, )
|
| Filing 7 NOTICE OF INTERLOCUTORY APPEAL from 6 Order. Document filed by NML Capital, Ltd. Filing fee $ 255.00, receipt number E 538867. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Cleary Gottlieb Steen & Hamilton, LLP. (tp, ) |
| Garnishee's Statement. Filed by The Bank of New York. Original filed in case 03cv8845, doc #50. (jco, ) |
|
Filing 6
ORDER that NML's motion for an Order of Attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following entry of judgment for plaintiff, or a judgment of defendant herein, and that the amount to be secured by this Order of Attachment shall be $366,481,703, comprised of the amount of judgment sought, plus fees and expenses of the United States Marshal, etc. as set forth in this Order. (Signed by Judge Thomas P. Griesa on 3/21/05) (jco, )
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| Mailed notice to the attorney(s) of record. (gf, ) |
| Filing 5 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned no longer assigned to the case. (gf, ) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (gf, ) |
| CASE ACCEPTED AS RELATED TO 1:03-cv-8845. (gf, ) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. The Republic of Argentina served on 2/28/2005, answer due 3/21/2005. Service was accepted by Antonio Lues, Compliance Officer. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 3 RULE 7.1 DISCLOSURE STATEMENT. Document filed by NML Capital, Ltd..(jog, ) |
| Filing 2 RELATED CASE STATEMENT re: that this action be filed as related to 03cv8845. Document filed by NML Capital, Ltd..(jog, ) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 250.00, Receipt Number 536256)Document filed by NML Capital, Ltd..(jog, ) Modified on 3/3/2005 (jog, ). |
| SUMMONS ISSUED as to The Republic of Argentina. (jog, ) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 03cv8845. (jog, ) |
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