EM Ltd. et al v. Banco Central DE LA Republica Argentina et al
Plaintiff: EM Ltd. and NML Capital, Ltd.
Defendant: Republic of Argentina and Banco Central DE LA Republica Argentina
Case Number: 1:2006cv07792
Filed: September 28, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 5, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2017 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (ma)
November 23, 2015 Opinion or Order Filing 201 MEMO ENDORSEMENT on re: #199 Letter request regarding Withdrawal of John B. Missing as counsel for Plaintiff EM Ltd., filed by EM Ltd. ENDORSEMENT: SO ORDERED. Attorney John B. Missing terminated. (Signed by Judge Thomas P. Griesa on 11/23/2015) (kl)
November 20, 2015 Filing 200 Costs Taxed as to #197 USCA Mandate,, USCA Case Number 13-3819-cv(L); 13-3821-cv(con).. in the amount of $8,122.80. on 11/20/2015 in favor of Appellant Banco Central de la Republica Argentina against EM Ltd., NML Capital, Ltd., Plaintiffs - Appellees,. (nd)
November 19, 2015 Filing 199 LETTER addressed to Judge Thomas P. Griesa from John B. Missing dated 11/18/15 re: Withdrawal of John B. Missing as counsel for Plaintiff EM Ltd.. Document filed by EM Ltd..(Missing, John)
October 29, 2015 Opinion or Order Filing 198 ORDER: For the reasons stated by the Court of Appeals in its opinion on August 31, 2015, the court dismisses plaintiffs' Third Amended Complaint with prejudice. (Signed by Judge Thomas P. Griesa on 10/29/2015) (kl)
October 29, 2015 Terminate Transcript Deadlines (kl)
October 26, 2015 Filing 197 MANDATE of USCA (Certified Copy) as to #190 Notice of Appeal, filed by Republic of Argentina, #189 Notice of Appeal, filed by Banco Central DE LA Republica Argentina USCA Case Number 13-3819-cv(L); 13-3821-cv(con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's order of September 26, 2013 is REVERSED and the cause is REMANDED with instructions to dismiss the Third Amended Complaint with prejudice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/26/2015. (nd)
August 31, 2015 Filing 196 OPINION of USCA as to #190 Notice of Appeal, filed by Republic of Argentina, #189 Notice of Appeal, filed by Banco Central DE LA Republica Argentina USCA Case Number 13-3819-cv(L); 13-3821-cv(con).Appeal from an order entered in the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) denying a motion to dismiss for lack of subject matter jurisdiction filed by defendant-appellant Banco Central de la Republica Argentina ("BCRA"). We hold that the District Court erred in: (1) imputing Argentina's waiver of sovereign immunity to BCRA based on an alter-ego theory; and (2) applying the commercial-activity exception to BCRA's use of its account with the Federal Reserve Bank of New York. Accordingly, we REVERSE the District Court's order of September 26, 2013, and we REMAND the cause with instructions to dismiss the complaint on sovereign-immunity grounds. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/31/2015. (nd)
November 20, 2013 Filing 195 MEMO ENDORSEMENT on re: (194 in 1:06-cv-07792-TPG) Letter filed by EM Ltd., (559 in 1:03-cv-02507-TPG) Letter filed by EM Ltd. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/20/2013) (mro)
November 15, 2013 Filing 194 LETTER addressed to Judge Thomas P. Griesa from Suzanne M. Grosso dated November 15, 2013 re: withdrawal as counsel. Document filed by EM Ltd..(Grosso, Suzanne)
October 15, 2013 Filing 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 9/25/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 15, 2013 Filing 192 TRANSCRIPT of Proceedings re: CONFERENCE CORRECTED held on 9/25/2013 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2013. Redacted Transcript Deadline set for 11/18/2013. Release of Transcript Restriction set for 1/16/2014.(McGuirk, Kelly)
October 11, 2013 Opinion or Order Filing 191 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:1. BCRA's and the Republic's time to answer or move with respect to the Third Amended Complaint is extended until 45 days after the United States Court of Appeals for the Second Circuit issues its mandate with respect to the Pending Appeal; 2. The entry of this Stipulation and [Proposed] Order will have no effect on the legal positions of the parties hereto with respect to discovery in the above-captioned action; and 3. Nothing herein shall constitute an implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 10/11/2013) (djc)
October 3, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #190 Notice of Appeal. (tp)
October 2, 2013 Filing 190 NOTICE OF APPEAL from #186 Order on Motion to Dismiss,,,. Document filed by Republic of Argentina. Filing fee $ 455.00, receipt number 0208-8933795. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit)(Boccuzzi, Carmine)
October 2, 2013 Filing 189 NOTICE OF APPEAL from #186 Order on Motion to Dismiss,,,. Document filed by Banco Central DE LA Republica Argentina. Filing fee $ 455.00, receipt number 0208-8931640. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A)(Neuhaus, Joseph)
October 2, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #189 Notice of Appeal,. (nd)
September 30, 2013 Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/25/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
September 30, 2013 Filing 187 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/25/2013 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014.(Rodriguez, Somari)
September 26, 2013 Opinion or Order Filing 186 ORDER denying #168 Motion to Dismiss; denying #174 Motion to Dismiss. For the reasons stated by the court at oral argument on September 25, 2013, defendants' motions to dismiss are denied. This order resolves the motions located at Doc. Nos. 168 and 174. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/26/2013) (ama)
September 25, 2013 Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 9/25/2013 on defendant's motion to dismiss. Motion denied. re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Banco Central DE LA Republica Argentina, #174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012 filed by Republic of Argentina. (rjm)
March 18, 2013 Filing 185 REPLY MEMORANDUM OF LAW in Support re: #174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012.. Document filed by Republic of Argentina. (Boccuzzi, Carmine)
March 18, 2013 Filing 184 DECLARATION of Michael J. Ushkow in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 Part 1 of 2, #7 Exhibit 6 Part 2 of 2, #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)(Ushkow, Michael)
March 18, 2013 Filing 183 REPLY MEMORANDUM OF LAW in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Neuhaus, Joseph)
February 28, 2013 Opinion or Order Filing 182 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Michael J. Ushkow dated 2/28/2013 re: Pursuant to a Stipulation and Order Your Honor entered on January 25, 2013 (Dkt. No. 177), all Reply papers in further support of the Motions to Dismiss were to be due no later than March 4,2013. BCRA respectfully requests that the deadline for submitting BCRA's and the Republic's respective Reply papers be extended until March 18,2013. ENDORSEMENT: Approved., ( Replies due by 3/18/2013.) (Signed by Judge Thomas P. Griesa on 2/28/2013) (ama)
January 31, 2013 Filing 181 SEALED DOCUMENT placed in vault.(nm)
January 30, 2013 Filing 180 MEMORANDUM OF LAW in Opposition re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint., #174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012.. Document filed by NML Capital, Ltd.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E)(Cohen, Robert)
January 30, 2013 Filing 179 DECLARATION of Suzanne M. Grosso in Opposition re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint., #174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-8, #3 Exhibit 9-11, #4 Exhibit 12-19, #5 Exhibit 20-24, #6 Exhibit 25-40, #7 Exhibit 41-50, #8 Exhibit 51-60, #9 Exhibit 61-70, #10 Exhibit 71-79, #11 Exhibit 80-90, #12 Exhibit 91-100, #13 Exhibit 101-108, #14 Exhibit 109-115, #15 Exhibit 116-125, #16 Exhibit 126-130, #17 Exhibit 131, #18 Exhibit 132-139, #19 Exhibit 140-143, #20 Exhibit 144, #21 Exhibit 145)(Cohen, Robert)
January 28, 2013 Filing 178 Costs Taxed as to #120 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) Modified on 1/28/2013 (nd).
January 25, 2013 Opinion or Order Filing 177 STIPULATION AND CONSENT ORDER: Now, therefore, it is stipulated and agreed by and among Plaintiffs, the Republic, and BCRA, and ORDERED that: 1. All papers in opposition to the Motions to Dismiss shall be filed no later than January 30, 2013; and 2. All reply papers in further support of the Motions to Dismiss shall be filed no later than March 4, 2013. SO ORDERED.( Responses due by 1/30/2013, Replies due by 3/4/2013.) (Signed by Judge Thomas P. Griesa on 1/25/2013) (ama)
November 27, 2012 Filing 176 MEMORANDUM OF LAW in Support re: #174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012.. Document filed by Republic of Argentina. (Boccuzzi, Carmine)
November 27, 2012 Filing 175 DECLARATION of Carmine D. Boccuzzi in Support re: #174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012.. Document filed by Republic of Argentina. (Attachments: #1 Exhibits A-C, #2 Exhibits D-O, #3 Exhibits P-Q)(Boccuzzi, Carmine)
November 27, 2012 Filing 174 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6), dated November 27, 2012. Document filed by Republic of Argentina.(Boccuzzi, Carmine)
November 27, 2012 Filing 173 DECLARATION of Gerhard Wagner in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - Part 1 of 7, #8 Exhibit G - Part 2 of 7, #9 Exhibit G - Part 3 of 7, #10 Exhibit G- Part 4 of 7, #11 Exhibit G - Part 5 of 7, #12 Exhibit G - Part 6 of 7, #13 Exhibit G- Part 7 of 7, #14 Exhibit H, #15 Exhibit I)(Neuhaus, Joseph)
November 27, 2012 Filing 172 DECLARATION of Louis D'Avout in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - Part 1 of 3, #7 Exhibit F - Part 2 of 3, #8 Exhibit F- Part 3 of 3, #9 Exhibit G, #10 Exhibit H)(Neuhaus, Joseph)
November 27, 2012 Filing 171 DECLARATION of Ben Valentin in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Neuhaus, Joseph)
November 27, 2012 Filing 170 DECLARATION of Michael J. Ushkow in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit A - D)(Ushkow, Michael)
November 27, 2012 Filing 169 MEMORANDUM OF LAW in Support re: #168 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Central DE LA Republica Argentina. (Neuhaus, Joseph)
November 27, 2012 Filing 168 MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by Banco Central DE LA Republica Argentina.(Neuhaus, Joseph)
November 13, 2012 Filing 167 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Michael J. Ushkow dated 11/7/2012 re: Request for the following briefing schedule. ENDORSEMENT: Approved. Motions to dismiss for The Republic and BCRA due by 11/27/2012. Responses due by 1/23/2013. Replies due by 2/25/2013. (Signed by Judge Thomas P. Griesa on 11/13/2012) (cd)
August 31, 2012 Filing 157 THIRD AMENDED COMPLAINT amending #43 Amended Complaint, against Banco Central DE LA Republica Argentina, Republic of Argentina.Document filed by NML Capital, Ltd., EM Ltd.. Related document: #43 Amended Complaint, filed by EM Ltd., NML Capital, Ltd..(pl)
August 28, 2012 Filing 139 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Order served on Lazard on 3/5/2010. Service was accepted by R.K. Lagay-Legal. Document filed by EM Ltd. and NML Capital, Ltd. (ja)
August 28, 2012 Filing 138 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 8/27/2012 re: The Plaintiffs respectfully request that these deadlines be extended as follows: The Plaintiffs shall file their amended complaint on consent, or motion for leave to file an amended complaint, no later than August 31, 2012. If Plaintiffs file their amended complaint on consent, the Republic's and BCRA's respective motions to dismiss shall be due no later than November 9, 2012; any opposition shall be due no later than January 7, 2013; and any reply thereto shall be due no later than February 8, 2013. In the event that Plaintiffs move for leave of Court to amend their complaint, the Republic's and BCRA's respective oppositions to any such motion shall be due no later than November 9, 2012, and any reply thereto shall be due no later than January 7, 2013. ENDORSEMENT: Approved. (Amended Pleadings due by 8/31/2012. Motions due by 11/9/2012. Responses due by 1/7/2013. Replies due by 2/8/2013.) (Signed by Judge Thomas P. Griesa on 8/28/2012) (rjm)
August 23, 2012 Filing 166 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Citibank NA on 2/19/2010. Service was accepted by Ms. Johnson (Customer Service). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
August 23, 2012 Filing 165 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Federal Reserve Bank of New York on 3/1/2010. Service was accepted by Stephanie Ruiz, Paralegal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
August 23, 2012 Filing 164 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Sumitomo Mitsui Banking Corporation on 2/19/2010. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Service was accepted by M.L. Fulweiler, V.P. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
August 23, 2012 Filing 163 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Cooperative Centrale Raiffeisen-Boeren Leenbank B A Rabobank Nederland on 2/19/2010. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Service was accepted by Ms. S. Smith - Paralegal. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
August 23, 2012 Filing 162 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on ABN AMRO Bank N.V. on 2/19/10. Service was accepted by R. Carrillo ( Clerk). Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 26, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
August 23, 2012 Filing 161 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment order served on Wachovial Bank NA, Corporation Service Company on 2/19/10. Service was accepted by L. Rivers (customer service). Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 26, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
August 23, 2012 Filing 160 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Natixis on 3/2/10. Service was accepted by Mr. A. True - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 26, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
August 23, 2012 Filing 159 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Banco Santander SA on 3/2/10. Service was accepted by Mr. Fried. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 26, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
August 23, 2012 Filing 158 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment order served on Emigrant Bank on 2/18/10. Service was accepted by Ms. Wolfel, V.P. Document filed by EM Ltd., NML Capital, Ltd. (djc)
August 23, 2012 Filing 156 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Capital One N.A. on 2/19/2010. Service was accepted by Mr. J. Stalarow - Banker. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
August 23, 2012 Filing 155 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Lloyds TSB Bank PLC on 2/18/2010. Service was accepted by Ms. D. Wilson - Paralegal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
August 23, 2012 Filing 154 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Societe Generale on 2/18/2010. Service was accepted by Mr. J. Bardakjy - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
August 23, 2012 Filing 153 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Banco Bilbao Vizcaya Argentaria S.A. on 2/18/2010. Service was accepted by Pilar Otero - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
August 23, 2012 Filing 152 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Bank of New York - Mellon on 2/24/2010. Service was accepted by Ms. Mvckalli - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
August 23, 2012 Filing 151 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Deutche Bank Trust Company Americas on 2/24/2011. Service was accepted by Mr. Francisco - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor.(jfe)
August 23, 2012 Filing 150 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Merrill Lynch Bank & Trust Co. FSB on 2/24/10. Service was accepted by Ms.J. Lee (Legal). Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 149 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Merrill Lynch Bank USA on 2/24/10. Service was accepted by Ms. J. Lee. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 148 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on The Depository Trust Company on 3/1/10. Service was accepted by Mr. Maj. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 147 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Deutsche Bank AG on 2/24/10. Service was accepted by Mr. Francisco. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 146 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on The Goldman Sachs Trust Company on 3/1/10. Service was accepted by Ms J. Cook. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 145 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Capital One USA NA on 3/2/2010. Service was accepted by Ms. G. Abramowitz - Banker. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 144 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on TD Bank NA on 2/19/10. Service was accepted by Ms. Severe. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 26, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 23, 2012 Filing 137 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Standard Chartered Bank on 2/23/2010. Service was accepted by Mr. Janowski, Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 23, 2012 Filing 136 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on credit Suisse on 2/23/2010. Service was accepted by Ms. Steffern, Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 23, 2012 Filing 135 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on New York Life Trust Company on 2/23/20. Service was accepted by Mr. R.H. Barrientes, Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 23, 2012 Filing 134 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Credit Industriel et Commercial on 2/23/2010. Service was accepted by Ms. Adkins-Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 23, 2012 Filing 133 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Fortis Bank SA/NV on 2/23/2010. Service was accepted by Ms. Sgra, Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 23, 2012 Filing 132 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on The Sumitomo Trust and Banking Co. Ltd. on 2/23/2010. Service was accepted by Mr. Torres-Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 23, 2012 Filing 131 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on TD Bank USA NA on 2/18/2010. Service was accepted by Aldo Novo (Supervisor). Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 8, 2012 Filing 143 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on JP Morgan Chase on 2/24/10. Service was accepted by Ms. Alvarez - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 8, 2012 Filing 142 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Bank of America on 2/18/10. Service was accepted by Mr. Collarlo (Banker). Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 8, 2012 Filing 141 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on First American International Bank on 3/12/10. Service was accepted by Ms. S. Gao. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 8, 2012 Filing 140 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Doral Bank FSB on 2/18/2010. Service was accepted by Y. Castillo - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
August 8, 2012 Filing 130 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Banco Latinoamericano de Exportaiones SA. Service was attempted on 2/25/2010. Document filed by NML Capital, Ltd., EM Ltd.. (pl)
August 8, 2012 Filing 129 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Barclays Bank on 2/22/10. Service was accepted by Daniel Hartman. Document filed by EM Ltd., NML Capital, Ltd.(cd)
August 8, 2012 Filing 128 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Banco do Brasil SA on 2/18/2010. Service was accepted by Ms. M.E. Marquez (legal). Document filed by EM Ltd., NML Capital, Ltd. (lmb)
August 8, 2012 Filing 127 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Fiduciary Trust Company International on 2/18/2010. Service was accepted by Eric Metallo, Corp. Counsel. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb) Modified on 8/9/2012 (lmb).
August 8, 2012 Filing 126 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on HSBC Bank USA on 2/22/10. Document filed by EM Ltd., NML Capital, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 26, 2012. Joseph R. Guccione United States Marshal Southern District of New York by Amaury Pena Co-op. (mro)
August 8, 2012 Filing 125 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Commerzbank New York Branch on 2/22/10. Document filed by EM Ltd., NML Capital, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 26, 2012. Joseph R. Guccione United States Marshal Southern District of New York by Amaury Pena Co-op. (mro)
August 8, 2012 Filing 124 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on First Commercial Bank on 2/22/10. Document filed by EM Ltd., NML Capital, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 26, 2012. Joseph R. Guccione United States Marshal Southern District of New York by Amaury Pena Co-op. (mro)
August 8, 2012 Filing 123 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on BNP Paribas on 2/22/10. Document filed by EM Ltd., NML Capital, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 26, 2012. Joseph R. Guccione United States Marshal Southern District of New York by Amaury Pena Co-op. (mro)
July 27, 2012 Opinion or Order Filing 122 STIPULATION AND CONSENT ORDER: It is hereby Stipulated and agreed that Plaintiffs shall file their amended complaint on consent, or motion for leave to file an amended complaint, no later than August 24, 2012. If Plaintiff's file their amended complaint on consent, the Republic's and BCRA's respective motions to dismiss shall be due no later than October 23, 2012; any opposition shall be due no later than December 24, 2012; and any reply thereto shall be due no later than January 23, 2012. In the event that Plaintiffs move for leave of Court to amend their complaint, the Republic's and BCRA's respective oppositions to any such motion shall be due no later than October 23, 2012; and any reply thereto shall be due no later than December 24, 2012. If the Court wishes to hear oral argument with respect to the Republic's and BCRA's motions to dismiss or Plaintiffs' motion for leave to file an amended complaint, such argument shall be heard on a date to be set by the Court. (Signed by Judge Thomas P. Griesa on 7/27/2012) (jfe)
July 27, 2012 Set/Reset Deadlines: ( Amended Pleadings due by 8/24/2012., Motions due by 10/23/2012., Responses due by 12/24/2012, Replies due by 1/23/2012.), Set/Reset Hearings: (jfe)
July 9, 2012 Opinion or Order Filing 121 ORDER: The 12/2005 Orders and the 4/2010 Order, and all associated orders, are vacated and dismissed and all attachments and restraints of the FRBNY Funds ordered therein are lifted. (Signed by Judge Paul A. Engelmayer, sitting in Part I on 7/9/2012) (cd)
June 26, 2012 Filing 120 MANDATE of USCA (Certified Copy) as to #102 Notice of Appeal filed by Republic of Argentina, #101 Notice of Appeal filed by Banco Central DE LA Republica Argentina USCA Case Number 10-1488-con. Ordered, Adjudged and Decreed that the order of the District Court are VACATED, and the cause is REMANDED with instructions to dismiss the orders of attachment and for such further proceedings as my be appropriate in accordance with the Opinion of this Court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/26/2012. (nd)
June 5, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David W. Rivkin to E-MAIL the PDF for Document #1 Complaint #34 Amended Complaint to: caseopenings@nysd.uscourts.gov. All pdfs must include case number and corresponding document number. (Chiappetta, Gina)
December 15, 2011 Opinion or Order Filing 119 ORDER: The court is directed to reopen this case. (Signed by Judge Thomas P. Griesa on 12/15/2011) (ft)
December 6, 2011 Opinion or Order Filing 118 (DUPLICATE) MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, 1973....Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, 1973.... (Signed by Judge Loretta A. Preska on 12/1/2011) ***Original filed in 00-cv-8869. (jfe)
October 19, 2010 Opinion or Order Filing 117 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)
July 23, 2010 Filing 116 MANDATE of USCA (Certified Copy) as to #114 Notice of Appeal filed by EM Ltd., NML Capital, Ltd. USCA Case Number 10-2929....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2010. (nd)
July 21, 2010 Filing 115 DECLARATION of Michael Z. Goldman. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Hranitzky, Dennis)
July 16, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #114 Notice of Appeal. (nd)
July 16, 2010 Transmission of Notice of Appeal to the District Judge re: #114 Notice of Appeal. (nd)
July 14, 2010 Filing 114 NOTICE OF APPEAL from #112 Memorandum & Opinion,. Document filed by EM Ltd., NML Capital, Ltd.. Filing fee $ 455.00, receipt number E 909080. (nd)
June 21, 2010 First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #110 Reply Memorandum of Law in Support of Motion filed by Banco Central DE LA Republica Argentina, #113 Stipulation and Order, #107 Appeal Record Sent to USCA - Index, #112 Memorandum & Opinion, #109 Reply Memorandum of Law in Support of Motion, filed by Banco Central DE LA Republica Argentina, #111 Reply Memorandum of Law in Support of Motion filed by Republic of Argentina USCA Case Number 10-1487-cv (L), were transmitted to the U.S. Court of Appeals. (tp)
June 18, 2010 Opinion or Order Filing 113 STIPULATION TO SUPPLEMENT THE RECORD; This Stipulation to Supplement is entered into this 26th day of May to supplement the record in Case Nos. 03 Civ. 2507, 03 Civ. 8845, 05 Civ. 2434, 06 Civ. 6466, and 06 Civ. 7792 with the material attached hereto as Exhibits 1-39 as further set forth in this Stipulation and Order. So Ordered. (Signed by Judge Thomas P. Griesa on 6/18/2010) (tve)
June 11, 2010 Opinion or Order Filing 112 OPINION: #99042 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) Modified on 6/15/2010 (ajc).
May 21, 2010 Filing 111 REPLY MEMORANDUM OF LAW in Support re: #92 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Republic of Argentina. (Boccuzzi, Carmine)
May 21, 2010 Filing 110 REPLY MEMORANDUM OF LAW in Support re: #92 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central DE LA Republica Argentina. (Neuhaus, Joseph)
May 21, 2010 Filing 109 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY (SEE DOCKET ENTRY NO. #110 ) - REPLY MEMORANDUM OF LAW in Support re: #92 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central DE LA Republica Argentina. (Neuhaus, Joseph) Modified on 5/26/2010 (kkc).
May 7, 2010 Filing 108 SEALED DOCUMENT placed in vault.(cb)
May 7, 2010 Filing 107 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #101 Notice of Appeal filed by Banco Central DE LA Republica Argentina USCA Case Number 10-1488, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp).
May 7, 2010 Filing 106 SEALED DOCUMENT placed in vault.(nm)
May 6, 2010 ***DELETED DOCUMENT. Deleted document number 105 TRANSCRIPT. The document was incorrectly filed in this case. (ae)
May 6, 2010 Filing 104 TRANSCRIPT of proceedings held on 4/29/10 before Judge Thomas P. Griesa. (pl)
May 6, 2010 Filing 103 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #102 Notice of Appeal filed by Republic of Argentina USCA Case Number 10-1524-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (tp).
April 22, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #102 Notice of Appeal. (nd)
April 22, 2010 Transmission of Notice of Appeal to the District Judge re: #102 Notice of Appeal. (nd)
April 21, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #101 Notice of Appeal. (nd)
April 21, 2010 Transmission of Notice of Appeal to the District Judge re: #101 Notice of Appeal. (nd)
April 20, 2010 Filing 102 NOTICE OF APPEAL from #96 Memorandum & Opinion. Document filed by Republic of Argentina. Filing fee $ 455.00, receipt number E 901478. (nd)
April 20, 2010 Filing 101 NOTICE OF APPEAL from #96 Memorandum & Opinion,,. Document filed by Banco Central DE LA Republica Argentina. Filing fee $ 455.00, receipt number E 901381. (nd)
April 16, 2010 Opinion or Order Filing 100 ORDER that the Alter Ego Motion is GRANTED as of 12/30/05; that in accordance with the 9/06 Consent Order, the 12/05 Orders (and all priority obtained thereby) shall continue to apply to the Originally Attached Amount, but the 12/05 Orders shall remain vacated in all other respects, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 4/16/10) (cd)
April 16, 2010 Opinion or Order Filing 99 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis Hranitzky dated 4/15/10 re: The parties have agreed to the following schedule for further briefing on the 2010 Motions. ENDORSEMENT: So Ordered. ( Reply due by 5/14/2010. Response due by 4/30/2010) (Signed by Judge Thomas P. Griesa on 4/16/10) (cd)
April 8, 2010 Opinion or Order Filing 98 ORDER, The 2/11 Ex Parte Order is hereby vacated in all respects and replaced by this Order. The 1/10 Ex Parte Orders are hereby vacated as to contract carriers that transport or deliver paper and coin currency from the FRBNY to BCRA, including without limitation the contract-carrier arm of Brinks, with respect to the physical transportation of paper and coin currency from the FRBNY to BCRA in Argentina. In all other respects, the 1/10 Ex Part Orders remain in effect as of the date they were served, pending further order of the Court. The 2/11 Ex Parte Motion and all supporting papers, all papers in opposition to the 2/11 Ex Parte Motion, and all related motions to confirm or vacate the relief granted herein, shall be treated by all parties as "Highly Confidential Information" and filed under seal in accordance with the provisions of the Stipulated Protective Order dated 9/10/08 attached hereto as Annex A.....Nothing herein shall constitute an express or implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 3/8/20) (cd)
April 7, 2010 ***DELETED DOCUMENT. Deleted document number 97 OPINION. The document was incorrectly filed in this case. (jfe)
April 7, 2010 Opinion or Order Filing 96 OPINION Plaintiffs' motions for attachment and restraints, as defined earlier in this opinion, are granted. Settle order. September 2006 the two plaintiffs in the above cases moved for provisional relief with respect to approximately $100 million deposited by the Central Bank of Argentina ("BCRA") in the Federal Reserve Bank of New York ("FRBNY"). The purpose was to secure expected judgments, and to secure a judgment actually entered, against the Republic of Argentina in cases based on the Republic's default on its bond indebtedness. The motions are granted as set for in this opinion. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/7/2010) (jmi) Modified on 4/19/2010 (jpo).
March 29, 2010 Filing 95 SEALED DOCUMENT placed in vault.(jri)
March 29, 2010 Filing 94 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 Republic of Argentina.(Boccuzzi, Carmine)
March 26, 2010 Filing 93 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 Republic of Argentina.(Boccuzzi, Carmine)
March 26, 2010 Filing 92 MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit A, #2 Exhibit Certificate of Service)(Neuhaus, Joseph)
March 26, 2010 Filing 91 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central DE LA Republica Argentina. (Neuhaus, Joseph)
March 26, 2010 Filing 90 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit A)(Neuhaus, Joseph) Modified on 3/29/2010 (jar).
March 26, 2010 Filing 89 RESPONSE To Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central DE LA Republica Argentina. (Neuhaus, Joseph)
March 26, 2010 Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 94) - 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 Republic of Argentina.(Boccuzzi, Carmine) Modified on 4/8/2010 (gp).
March 15, 2010 Filing 87 SEALED DOCUMENT placed in vault.(nm)
March 12, 2010 Opinion or Order Filing 86 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 3/8/2010 re: Counsel for Banco Central de la Republica Argentina request that the Court extend the confidentiality requirements of the 2/11/2010 Ex Parte Order to additional cases as further set forth in this letter. The plaintiffs in each of these cases have been served with the 2/11/2010 Ex Parte Order. The current request is necessary to allow counsel to file under seal the already-served papers in each of those cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/12/2010) (tro)
March 3, 2010 Filing 85 DECLARATION of Suzanne M. Grosso re: #83 Brief, #84 Declaration,,,,,,,,,, / Supplemental Declaration of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Exhibit 51 to Grosso Declaration, #2 Exhibit 52 to Grosso Declaration, #3 Exhibit 53 to Grosso Declaration, #4 Exhibit 54 to Grosso Declaration, #5 Exhibit 55 to Grosso Declaration, #6 Exhibit 56 to Grosso Declaration, #7 Exhibit 57 to Grosso Declaration, #8 Exhibit 58 to Grosso Declaration, #9 Certificate of Service)(Grosso, Suzanne)
March 2, 2010 Filing 84 DECLARATION of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Exhibit 1 to Grosso Declaration, #2 Exhibit 2 to Grosso Declaration, #3 Exhibit 3 to Grosso Declaration, #4 Exhibit 4 to Grosso Declaration, #5 Exhibit 5 to Grosso Declaration, #6 Exhibit 6 to Grosso Declaration, #7 Exhibit 7 to Grosso Declaration, #8 Exhibit 8 to Grosso Declaration, #9 Exhibit 9 to Grosso Declaration, #10 Exhibit 10 to Grosso Declaration, #11 Exhibit 11 to Grosso Declaration, #12 Exhibit 12 to Grosso Declaration, #13 Exhibit 13 to Grosso Declaration, #14 Exhibit 14 to Grosso Declaration, #15 Exhibit 15 to Grosso Declaration, #16 Exhibit 16 to Grosso Declaration, #17 Exhibit 17 to Grosso Declaration, #18 Exhibit 18 to Grosso Declaration, #19 Exhibit 19 to Grosso Declaration, #20 Exhibit 20 to Grosso Declaration, #21 Exhibit 21 to Grosso Declaration, #22 Exhibit 22 to Grosso Declaration, #23 Exhibit 23 to Grosso Declaration, #24 Exhibit 24 to Grosso Declaration, #25 Exhibit 25 to Grosso Declaration, #26 Exhibit 26 to Grosso Declaration, #27 Exhibit 27 to Grosso Declaration, #28 Exhibit 28 to Grosso Declaration, #29 Exhibit 29 to Grosso Declaration, #30 Exhibit 30 to Grosso Declaration, #31 Exhibit 31 to Grosso Declaration, #32 Exhibit 32 to Grosso Declaration, #33 Exhibit 33 to Grosso Declaration, #34 Exhibit 34 to Grosso Declaration, #35 Exhibit 35 to Grosso Declaration, #36 Exhibit 36 to Grosso Declaration, #37 Exhibit 37 to Grosso Declaration, #38 Exhibit 38 to Grosso Declaration, #39 Exhibit 39 to Grosso Declaration, #40 Exhibit 40 to Grosso Declaration, #41 Exhibit 41 to Grosso Declaration, #42 Exhibit 42 to Grosso Declaration, #43 Exhibit 43 to Grosso Declaration, #44 Exhibit 44 to Grosso Declaration, #45 Exhibit 45 to Grosso Declaration, #46 Exhibit 46 to Grosso Declaration, #47 Exhibit 47 to Grosso Declaration, #48 Exhibit 48 to Grosso Declaration, #49 Exhibit 49 to Grosso Declaration, #50 Exhibit 50 to Grosso Declaration, #51 Exhibit 51 to Grosso Declaration, #52 Exhibit 52 to Grosso Declaration, #53 Exhibit 53 to Grosso Declaration, #54 Exhibit 54 to Grosso Declaration, #55 Exhibit 55 to Grosso Declaration, #56 Exhibit 56 to Grosso Declaration, #57 Exhibit 57 to Grosso Declaration, #58 Exhibit 58 to Grosso Declaration, #59 Certificate of Service)(Grosso, Suzanne)
March 2, 2010 Filing 83 SUPPLEMENTAL BRIEF / Supplemental Submission in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
February 22, 2010 Filing 82 SEALED DOCUMENT placed in vault.(nm)
February 17, 2010 Opinion or Order Filing 81 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 2/11/2010 re: Counsel for Banco Central del la Repulica Argentina writes to request a 3-week extension of time until 3/9/2010 to submit the opposition to the motions to confirm the January orders. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/17/2010) (tve)
February 8, 2010 Filing 80 DECLARATION of David M. Bigge Supplemental Declaration In Support Of Plaintiffs' September 28, 2006 Motion for Orders of Restraint And Pre-Judgment Attachment. Document filed by EM Ltd., NML Capital, Ltd.. (Bigge, David)
February 8, 2010 Filing 79 SUPPLEMENTAL REPLY MEMORANDUM OF LAW re: #71 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 EM Ltd., NML Capital, Ltd.. (Cohen, Robert)
February 1, 2010 Filing 78 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)
February 1, 2010 TRANSCRIPT of proceedings held on 2/1/10 before Judge Thomas P. Griesa. (orig. docketed in 03cv2507 as document #357).(pl)
January 19, 2010 Filing 77 DECLARATION of Suzanne M. Grosso (Part II of II) in Support re: #74 MOTION To Confirm Attachment Orders Signed On January 11 And 12, 2010 re: #66 Order,,,,,,,, #65 Order,,,,,,,,.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Exhibit 54, #2 Exhibit 55, #3 Exhibit 56, #4 Exhibit 57, #5 Exhibit 58, #6 Exhibit 59, #7 Exhibit 60, #8 Exhibit 61, #9 Exhibit 62, #10 Exhibit 63, #11 Exhibit 64, #12 Exhibit 65, #13 Exhibit 66, #14 Exhibit 67, #15 Exhibit 68, #16 Exhibit 69, #17 Exhibit 70, #18 Exhibit 71, #19 Certificate of Service)(Grosso, Suzanne)
January 19, 2010 Filing 76 DECLARATION of Suzanne M. Grosso in Support re: #74 MOTION To Confirm Attachment Orders Signed On January 11 And 12, 2010 re: #66 Order,,,,,,,, #65 Order,,,,,,,,.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #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)(Grosso, Suzanne)
January 19, 2010 Filing 75 MEMORANDUM OF LAW in Support re: #74 MOTION To Confirm Attachment Orders Signed On January 11 And 12, 2010 re: #66 Order,,,,,,,, #65 Order,,,,,,,,.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 19, 2010 Filing 74 MOTION To Confirm Attachment Orders Signed On January 11 And 12, 2010 re: #66 Order,,,,,,,, #65 Order,,,,,,,,. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 15, 2010 Opinion or Order Filing 73 STIPULATION AND CONSENT ORDER; The December 2005 Orders (as modified by the January 2006 Stipulation), the January 2006 Vacatur Order and the September 2006 Stipulation shall remain in effect in accordance with their terms. The Ex Parte Orders, and any subsequently issued Orders seeking substantially identical relief, are vacated as to the Originally Attached FRBNY Accounts, except as to the Originally Attached Property that is the subject of paragraph 1, but in all other respects remain in effect pending further order of the Court. The entry of the Stipulation and Consent Order will have no effect on thelegal positions of the parties hereto with respect to any right of Plaintiffs or the AureliusMovants to restrain, attach or execute upon any property of BCRA or the Republic, andno party may rely upon this Stipulation and Consent Order in support of an argument foror against the existence of any such right or an argument about the use or ownership ofthe property to which the Ex Parte Orders are directed. Any assets restrained or attached in the Originally Attached FRBNY Accounts as a result of the Ex Parte Order, or any subsequently issued Orders seeking substantially identical relief, shall be released (but no action is to be taken with respect to the Originally Attached Property), but any rights to attach, restrain or execute upon the property of BCRA that the Court may conclude that Plaintiffs properly exercised as of December 30, 2005, January 11, 2010 and/or January 12, 2010 will have priority over any subsequent attachment or execution by any other person. Any rights to attach or execute upon the property of BCRA that the Court may conclude that the Aurelius Movants properly exercised as of January 12, 2010 and/or January 14, 2010 will have priority over any subsequent attachment, restraint or execution by any other person. So Ordered. (Signed by Judge Thomas P. Griesa on 1/15/2010) (tve)
January 14, 2010 Filing 72 DECLARATION of Michael J. Ushkow. Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit 1 - 12, #2 Exhibit 13 - 26)(Wiesel, Laurent)
January 14, 2010 Filing 71 SUPPLEMENTAL MEMORANDUM OF LAW in Response to the December 7, 2009 Declaration of Dennis Hranitzky. Document filed by Banco Central DE LA Republica Argentina. (Wiesel, Laurent)
January 14, 2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Laurent Stephan Wiesel to RE-FILE Document #63 Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (KA)
January 14, 2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Laurent Stephan Wiesel to RE-FILE Document #64 Brief. Use the event type Declaration(non-motion) found under the event list Other Answers. (KA)
January 13, 2010 ***DELETED DOCUMENT. Deleted document number 62 Writ of Execution. The document was incorrectly filed in this case. (djc)
January 13, 2010 Filing 70 DECLARATION of Suzanne M. Grosso in Support re: #68 MOTION for Writ of Attachment ,Restraint and Execution (OMNIBUS)., #67 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 certificate of service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24A, #26 Exhibit 24B, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46A, #49 Exhibit 46B, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53, #57 Exhibit 54)(Grosso, Suzanne)
January 13, 2010 Filing 69 MEMORANDUM OF LAW in Support re: #68 MOTION for Writ of Attachment ,Restraint and Execution (OMNIBUS)., #67 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 certificate of service)(Grosso, Suzanne)
January 13, 2010 Filing 68 MOTION for Writ of Attachment ,Restraint and Execution (OMNIBUS). Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Filing 67 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 /Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Opinion or Order Filing 66 ATTACHMENT ORDER. To: ABN AMRO Bank NV, et al...; On the motion of Debevoise & Plimpton LLP, attorneys for NML and based upon the undertaking already posted as required by law, referred to below, IT IS HEREBY ORDERED that Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 U.S.C. section 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $3,114,044,402; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or NML's attorneys, EM's attorneys, and their respective employees as specially appointed pursuant to Fed. R. Civ. P. 4.1, levy upon, but refrain from taking into actual custody pending further order of this Court, the following property 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 $3,114,044,402; The attachment bond of $250,000 previously posted by EM and NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that EM and 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 EM and NML is not entitled to an attachment of the property described above and are ordered to compensate Defendants. The garnishee statement required by CPLR section 6219 shall be served via email and first class email, within 10 days of service on you with this Attachment Order, upon Bethany Davis Noll, Esq., Debevoise and Plimpton LLP, 919 Third Avenue, NY, NY. Plaintiffs shall move within 10 days after the levy hereunder or upon such other date as the Court may set, for an order confirming this Attachment order. (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
January 13, 2010 Opinion or Order Filing 65 ATTACHMENT ORDER. To: Lazard. On the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML and based upon the undertaking already posted as required by law, referred to below, IT IS HEREBY ORDERED that Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 U.S.C. section 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $3,114,044,402; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or NML's attorneys, EM's attorneys, and their respective employees as specially appointed pursuant to Fed. R. Civ. P. 4.1, levy upon, but refrain from taking into actual custody pending further order of this Court, the following property 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 $3,114,044,402; The attachment bond of $250,000 previously posted by EM and NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that EM and 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 EM and NML is not entitled to an attachment of the property described above and are ordered to compensate Defendants. The garnishee statement required by CPLR section 6219 shall be served via email and first class email, within 10 days of service on you with this Attachment Order, upon Bethany Davis Noll, Esq., Debevoise and Plimpton LLP, 919 Third Avenue, NY, NY. Plaintiffs shall move within 10 days after the levy hereunder or upon such other date as the Court may set, for an order confirming this Attachment order. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
January 13, 2010 Filing 64 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF (Supplemental Declaration of Michael J. Ushkow). Document filed by Banco Central DE LA Republica Argentina. (Attachments: #1 Exhibit 1-12, #2 Exhibit 13-26)(Wiesel, Laurent) Modified on 1/14/2010 (KA).
January 13, 2010 Filing 63 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF in Response to December 7, 2009 Declaration. Document filed by Banco Central DE LA Republica Argentina.(Wiesel, Laurent) Modified on 1/14/2010 (KA).
January 13, 2010 Opinion or Order Filing 61 OMNIBUS ORDER. ORDERED that NML's attorneys, EM's attorneys, and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 4.1, to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order issued on this date pursuant to Fed. R. Civ. P. 64 & 69, 6201, 6202 & 6211 of the New YorkCivil Practice Law and Rules ("CPLR"), and the Foreign Sovereign Immunities Act,28 U.S.C. 1601 et seq., thereby levying upon each such garnishee pursuant to CPLR 6214(a) so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of Argentina while Plaintiffs' application is pending;FURTHER ORDERED that the Attachment Order shall specify in accordance withCPLR 6202 that it applies to any property in the United States (whether real or personal, tangible or intangible presently existing or hereafter arising), which could be assigned or transferred as provided in N.Y. C.P.L.R. 5201, including but not limited to cash, gold, special drawing rights, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims and contractual rights, and interests of any kind in the foregoing (collectively, the "Property"), directly or indirectly held or maintained in the name of, in a trust held by, or for the use or benefit of BCRA, whether for its own account or for the benefit of Argentina, EXCLUDING: (a) property belonging to the embassy, consulate, or permanent mission to the United Nations of Argentina; and (b) any property that is, or is intended to be, used in connection with a military activity, and is of a military character or is under the control of a military or defense agency. FURTHER ORDERED that no Property shall be taken into actual custody by any enforcement officer pursuant to the Attachment Order pending further order of this Court; FURTHER ORDERED that pursuant to CPLR 62l4(e), the levy effected pursuant to service of the Attachment Order on each garnishee is extended until 30 days following final resolution of Plaintiffs' application, including any related appeals, proceedings on remand, and any subsequent appeals; FURTHER ORDERED that pursuant to Fed. R. Civ. P. 64 & 69, CPLR 5230, and 28 U.S.C. l61O(c), NML's attorneys, EM's attorneys, and their respective employees are authorized to deliver to the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal") writs of execution issued on this date and directed to the Property, which are to be levied by service immediately pursuant to CPLR 5232 upon any located garnishee within the jurisdiction of this Court, so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of Argentina while Plaintiffs' application is pending; FURTHER ORDERED that the U.S. Marshal is directed to defer seIzure of any Property from any garnishee located within the jurisdiction of this Court pending further order of this Court; FURTHER ORDERED that pursuant to CPLR 5232(a), the levies effected pursuant to service of the writs of execution on any garnishee located within the jurisdiction of this Court are extended until 30 days following final resolution of Plaintiffs' application, including any related appeals, proceedings on remand, and any subsequent appeals; FURTHER ORDERED that pursuant to CPLR 5230(c), the time for the U.S. Marshal to serve the writs of execution and to return said executions to the Clerk of the Court is extended an additional 60 days; FURTHER ORDERED that NML's attorneys, EM's attorneys, and their respective employees shall effect personal service of this Omnibus Order and the papers upon which it is based. upon counsel for Argentina - Cleary, Gottlieb Steen & Hamilton, One Liberty Plaza, New York, New York 10006, attention Carmine Boccuzzi, Esq., and BCRA - Sullivan & Cromwell LLP, 125 Broad Street, New York, New York, 10004, attention Joseph E. Neuhaus, Esq. (or such other counsel as BCRA may designate); and FURTHER ORDERED that opposing papers, if any, are to be served upon counsel for EM, Debevoise & Plimpton LLP, 919 Third Avenue, New York, New York 10022, attention Suzanne M. Grosso, Esq., and upon counsel for NML, Dechert LLP, 1095 Avenue of the Americas, New York, New York 10036, attention Dennis H. Hranitzky, Esq. (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
December 15, 2009 Filing 60 ENDORSED LETTER addressed to Judge Thomas P. Griesa from John E. Neuhaus dated 12/14/2009 re: The Court directed the plaintiffs to make the cited exhibits and factual allegations a part of the record on this motion. As BCRA has had no opportunity to respond to those materials or allegations, BCRA requests an opportunity to respond to them. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/15/2009) (tve)
December 8, 2009 Opinion or Order Filing 59 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Suzanne M. Grosso dated 11/11/09 re: counsel for plaintiff requests that for the convenience of the Court and the parties, the following non ecf action be designated as ECF cases: 03cv2507, 06cv7792, 08cv7974, 03cv8845, 05cv2434, 06cv6466, 07cv1910, 07cv2690, 07cv6563 and 09cv7013. ENDORSEMENT: So Ordered (Signed by Judge Thomas P. Griesa on 11/13/09) (dle)
December 8, 2009 Case Designated ECF. (dle)
December 7, 2009 Filing 58 DECLARATION of Dennis Hranitzky. Document filed by NML Capital, Ltd., EM Ltd. (Received in the night deposit box on 12/7/09 at 9:11pm) (mro)
November 18, 2009 CASHIERS OFFICE REMARK on #57 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/10/2009, Receipt Number 705441. (jd)
November 10, 2009 Filing 57 MOTION for John B. Missing to Appear Pro Hac Vice. Document filed by EM Ltd.(dle)
November 10, 2009 Filing 56 NOTICE OF APPEARANCE by Suzanne Michelle Grosso on behalf of EM Ltd. (mro)
November 6, 2009 Opinion or Order Filing 55 ORDER ADMITTING ATTORNEY John B. Missing PRO HAC VICE for plaintiff EM Ltd. (Signed by Judge Thomas P. Griesa on 11/6/09) (cd)
November 6, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: #55 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
June 19, 2009 Filing 54 SECOND DECLARATION of David M. Bigge Regarding the use of The FRBNY Account in Support of Plaintiffs' 9/28/06 Motion for Orders Restraint and Pre-Judgment Attachment. Document filed by NML Capital, Ltd., EM Ltd. (ae)
June 19, 2009 Filing 53 SEALED DOCUMENT placed in vault.(jri)
June 10, 2009 Filing 52 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)
May 22, 2009 Filing 51 JOINDER by the Republic of Argentina in Banco Central De La Republica Argentina's Supplemental Papers in Response to the court's Questions of May 6, 2008 and in further opposition to Plaintiffs' Motions to attach or restraining Central Bank Reserves. (djc)
May 22, 2009 Opinion or Order Filing 50 ORDER that the motion of the Federal Reserve Bank of New York to file a brief as amicus curiae is granted. The Clerk of the Court is directed to docket this order and to accept the FRBNY's memorandum of law in the cases listed herein. (Signed by Judge Thomas P. Griesa on 5/20/09) (dle)
May 21, 2009 Filing 49 SEALED DOCUMENT placed in vault.(jri)
May 18, 2009 Filing 48 MOTION of Federal Reserve Bank of New York for Leave to File Brief as Amicus Curiae.(djc)
May 18, 2009 Filing 47 MEMORANDUM OF LAW of Amicus Curiae Federal Reserve Bank of New York. (djc)
April 10, 2009 Filing 46 SUPPLEMENTAL DECLARATION of Julio Cesar Rivera. Document filed by EM Ltd., NML Capital, Ltd.. (djc)
April 1, 2009 Filing 45 SEALED DOCUMENT placed in vault.(rt)
February 11, 2009 Opinion or Order Filing 44 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)
October 6, 2008 Filing 43 SECOND AMENDED COMPLAINT amending #34 Amended Complaint, against Banco Central DE LA Republica Argentina, Republic of Argentina.Document filed by EM Ltd., NML Capital, Ltd. Related document: #34 Amended Complaint, filed by EM Ltd., NML Capital, Ltd..(dle) (dle).
October 1, 2008 Opinion or Order Filing 42 ORDER Pursuant to Federal Rule of Civil Procedure 15 (a)(2), Plaintiffs are hereby granted leave to file a second amended complaint in this action. (Signed by Judge Thomas P. Griesa on 9/30/08) (mme)
September 11, 2008 Opinion or Order Filing 41 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)
May 30, 2008 Filing 40 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)
December 10, 2007 Filing 39 PLAINTIFFS' SECOND SUPPLEMENTAL MEMORANDUM OF LAW in Support of SEPTEMBER 28, 2006 Motion for orders of Restraint and Pre-Judgment Attachment. Document filed by EM Ltd., NML Capital, Ltd. (djc)
December 10, 2007 Filing 38 REPLY MEMORANDUM OF Banco Central De La Republica Argentina in Response to the Court's questions Regarding Res Judicata. Document filed by Banco Central DE LA Republica Argentina. (djc)
November 29, 2007 Filing 37 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Banco Central DE LA Republica Argentina served on 11/26/2007, answer due 12/17/2007; Republic of Argentina served on 11/26/2007, answer due 12/17/2007. Service was accepted by Roberto H. Barrientos. Document filed by EM Ltd.; NML Capital, Ltd. (cd)
November 21, 2007 Filing 36 PLAINTIFFS' FIRST SUPPLEMENTAL MEMORANDUM IN SUPPORT OF SEPTEMBER 28, 2006 MOTION FOR ORDERS OF RESTRAINT AND PRE-JUDGMENT ATTACHMENT. Document filed by EM Ltd., NML Capital, Ltd. (jco)
November 21, 2007 Filing 35 MEMORANDUM OF BANCO CENTRAL DE LA REPUBLICA ARGENTINA IN RESPONSE TO THE COURT'S QUESTIONS REGARDING RES JUDICATA. Document filed by Banco Central DE LA Republica Argentina. (jco)
November 21, 2007 Filing 34 AMENDED COMPLAINT amending #1 Complaint against Banco Central DE LA Republica Argentina, The Republic of Argentina. Document filed by EM Ltd., NML Capital, Ltd. Attached: Exhibits, Vol. 1 & 2. Related document: #1 Complaint filed by EM Ltd., NML Capital, Ltd. (jar) (Additional attachment(s) added on 6/12/2012: #1 Amended Comp. Part 2, #2 Amended Comp. Part 3, #3 Amended Comp. Part 4) (ama).
November 13, 2007 Opinion or Order ENDORSED LETTER: addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 10/29/07 re: Counsel for plaintiff NML Capital Ltd. write to advise the Court of the schedule agreed to among the parties, subject to approval by the Court, for submitting the supplemental briefs requested by the Court on the teleconference last Friday. The parties have agreed to simultaneous briefing, with the first round of briefs to be due on Wednesday, November 21 and the second to be due on Monday, December 10-a week before the hearing scheduled for Monday, December 17 at 10:00 a.m. ENDORSEMENT: Approved. So Ordered. Original Document filed in case # 03-cv-2507 Doc.# 163. (Signed by Judge Thomas P. Griesa on 11/9/07) (js)
September 26, 2007 Opinion or Order Filing 33 ORDER ADMITTING ATTORNEY PRO HAC VICE: that William M. Jay is permitted to appear Pro Hac Vice on behalf of plaintiffs. (Signed by Judge Thomas P. Griesa on 9/26/07) (db)
September 26, 2007 Opinion or Order Filing 32 ORDER ADMITTING ATTORNEY PRO HAC VICE: that Theodore B. Olsen is permitted to appear Pro Hac Vice on behalf of plaintiffs. (Signed by Judge Thomas P. Griesa on 9/26/07) (db)
March 9, 2007 Opinion or Order Filing 31 ORDER granting Motion for William M. Jay to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 3/8/07) (js)
March 9, 2007 Transmission to Attorney Admissions Clerk. Transmitted re: 31 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
February 27, 2007 MOTION for William M. Jay to Appear Pro Hac Vice. Document filed by NML Capital, Ltd.. Original document filed in case #03cv2507, document #129.(dle)
February 27, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 2/27/07, Receipt Number 607319. (dle)
December 13, 2006 Filing 30 TRANSCRIPT of proceedings held on 11/29/06 before Judge Thomas P. Griesa. (mo, )
December 8, 2006 Filing 29 TRANSCRIPT of proceedings held on 11/29/2006 before Judge Thomas P. Griesa. (aba, )
December 5, 2006 Filing 28 DECLARATION of Ellen A. Hochberg in Support re: 25 Reply Memorandum of Law in Support. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 5, 2006 Filing 27 DECLARATION of Julio Cesar Rivera. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 5, 2006 Filing 26 REBUTTAL DECLARATION of Alex Cukierman, Ph.D.. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 5, 2006 Filing 25 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Restraining Order and Pre-Judgment Attachment. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
November 28, 2006 Filing 24 TRANSCRIPT of proceedings held on 11/3/06 before Judge Thomas P. Griesa. (tro, )
November 27, 2006 Filing 23 TRANSCRIPT of proceedings held on 11/9/06 before Judge Thomas P. Griesa. (tro, )
November 21, 2006 Opinion or Order Filing 22 ORDER granting #15 Motion for Theodore B. Olson to Appear Pro Hac Vice. . (Signed by Judge Thomas P. Griesa on 11/20/06) (dle, )
November 21, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 22 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, )
November 20, 2006 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H Hranitzky dated 11/15/06 re: granting plaintiffs EM Ltd. and NML Capital Ltd. requests for leave to submit a reply memorandum of up to 16 pages in support of plaintiffs' motion for limited expedited discovery on Friday, 11/17. (orig. document docketed in 03cv2507 as document #121). (Signed by Judge Thomas P. Griesa on 11/16/06) (pl, )
November 20, 2006 Filing 21 SUPPLEMENTAL DECLARATION of Laurent's Wiesel re; certain documents related to BCRA's Memorandum of Law in Opposition to Plaintiffs' Motion for expedited discovery dated 11/14/06. (pl, )
November 17, 2006 Opinion or Order Filing 20 STIPULATION AND CONSENT ORDER that the Republic and BCRA's time to answer the complaint up to 30 days after the Court decides the Attachment Motion or the final resolution of any appeals taken from that decision, whichever is later. (Signed by Judge Thomas P. Griesa on 11/16/06) (cd, )
November 14, 2006 Filing 19 MEMORANDUM OF LAW in Opposition to Plaintiffs motion for expedited discovery. Document filed by Banco Central DE LA Republica Argentina. (pl, )
October 31, 2006 Filing 18 DECLARATION of Laurent S. Wiesel. Document filed by Banco Central DE LA Republica Argentina, Republic of Argentina. (djc, )
October 31, 2006 Filing 17 DECLARATION of Juan Basco, Laura D'Amato, Ernest T. Patrikis and Carlos Gustavo Gerscovich and Pierre L. Siklos in Support of Opposition to Plaintiffs' Motion for Execution and Pre-Judgment Attachment. Document filed by Banco Central DE LA Republica Argentina. (djc, )
October 31, 2006 Filing 16 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Execution and pre-judgment attachment. Document filed by Banco Central DE LA Republica Argentina. (djc, )
October 11, 2006 Mailed notice to the attorney(s) of record. (ae, )
October 10, 2006 Filing 14 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (ae, )
October 10, 2006 Magistrate Judge Gabriel W. Gorenstein is so designated. (ae, )
October 10, 2006 CASE ACCEPTED AS RELATED TO 1:02-cv-1680. Notice of Assignment to follow. (ae, )
October 5, 2006 Filing 15 MOTION for Theodore B. Olson to Appear Pro Hac Vice. Document filed by NML Capital, Ltd. (jco, )
October 3, 2006 Filing 12 NOTICE OF APPEARANCE by Robert A. Cohen on behalf of NML Capital, Ltd. (jco, )
October 3, 2006 Filing 11 NOTICE OF APPEARANCE by Matthew Dempsey McGill on behalf of NML Capital, Ltd. (jco, )
October 2, 2006 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Banco Central DE LA Republica Argentina served on 9/29/2006, answer due 10/19/2006; Republic of Argentina served on 9/29/2006, answer due 10/19/2006. Service was accepted by Mr. Arce. In addition courtesy copies were served on counsel on 9/25/06 at the following addresses:...; Document filed by EM Ltd.; NML Capital, Ltd.. (djc, ) Modified on 10/6/2006 (djc, ).
October 2, 2006 Filing 10 EXHIBIT L to the Declaration of Dennis H. Hranitzky in support of plaintiffs' motion for execution or restraining notice and prejudgment attachment. Document filed by EM Ltd., NML Capital, Ltd..(dle, )
October 2, 2006 Filing 9 DECLARATION of Dennis H. Hranitzky in support of plaintiffs' motion for execution or restraining notice and prejudgment attachment. Document filed by EM Ltd., NML Capital, Ltd.. (dle, )
October 2, 2006 Filing 8 DECLARATION of Robert A. Cohen in support of ex part motion for orders of prejudgment attachment and execution. Document filed by EM Ltd., NML Capital, Ltd.. (dle, )
October 2, 2006 Filing 7 DECLARATION of Alex Cukierman, Ph.D. in support of a motion brought by EM Ltd. and NML Capital, Ltd. to freeze certain funds held by the Banco Central de la Republica Argentina at the Federal Reserve Bank of New York. Document filed by EM Ltd., NML Capital, Ltd.. (dle, )
October 2, 2006 Filing 6 RULE 7.1 DISCLOSURE STATEMENT. Document filed by NML Capital, Ltd.(kco, )
October 2, 2006 Filing 5 MEMORANDUM OF LAW in Support of Plaintiffs' ExParte motion for execution and pre-judgment attachnent. Document filed by NML Capital, Ltd. (db, )
September 28, 2006 Opinion or Order Filing 4 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, )
September 28, 2006 Filing 3 STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 re: that this action be filed as related to 02-cv-1680. Document filed by EM Ltd., NML Capital, Ltd.(laq, )
September 28, 2006 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by EM Ltd., NML Capital, Ltd..(laq, )
September 28, 2006 Filing 1 COMPLAINT against Banco Central DE LA Republica Argentina, Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 592217)Document filed by EM Ltd., NML Capital, Ltd..(laq, ) (ama). (Additional attachment(s) added on 6/12/2012: #1 Complaint Part 2, #2 Complaint Part 3, #3 Complaint Part 4) (ama).
September 28, 2006 SUMMONS ISSUED as to Banco Central DE LA Republica Argentina, Republic of Argentina. (laq, )
September 28, 2006 CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:02-cv-1680. (laq, )
September 28, 2006 Set/Reset Scheduling Order Deadlines: Responses due by 10/26/2006 Replies due by 11/9/2006. (pl, )

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Search for this case: EM Ltd. et al v. Banco Central DE LA Republica Argentina et al
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Plaintiff: EM Ltd.
Represented By: John B. Missing
Represented By: Dennis H. Hranitzky
Represented By: David W. Rivkin
Represented By: Matthew Dempsey McGill
Represented By: Suzanne Michelle Grosso
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Plaintiff: NML Capital, Ltd.
Represented By: Robert A. Cohen
Represented By: William Mcginley Jay
Represented By: Dennis H. Hranitzky
Represented By: Theodore B. Olson
Represented By: David W. Rivkin
Represented By: Charles I. Poret
Represented By: Matthew Dempsey McGill
Represented By: Suzanne Michelle Grosso
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Defendant: Republic of Argentina
Represented By: Joseph Emanuel Neuhaus
Represented By: Carmine D. Boccuzzi, Jr
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Defendant: Banco Central DE LA Republica Argentina
Represented By: Joseph Emanuel Neuhaus
Represented By: Laurent Stephan Wiesel
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