Blue Angel Capital I LLC v. The Republic of Argentina
Plaintiff: NML Capital, Ltd. and Blue Angel Capital I LLC
Defendant: The Republic of Argentina
Petitioner: Citigroup Inc., Citicorp North America Inc., Citicorp USA Inc., Barclays Capital Inc., Citibank, N.A., Barclays Bank PLC and Citigroup Global Markets Inc.
Receiver: Bart M. Schwartz
Interested Party: Banco De La Nacion Argentina, Profesion+Auge AFJP S.A., GMO Emerging Country Debt Investment Fund PLC, Banco Central de la Republica Argentina, Origenes AFJP S.A., Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Met AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, GMO Emerging Country Debt LP, Consolidar AFJP S.A., Maxima AFJP S.A., GMO Emerging Country Debt Fund and Arauca Bit AFJP S.A.
Appellant: Citibank and Administracion Nacional de Seguridad Social
Case Number: 1:2007cv02693
Filed: April 2, 2007
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 15, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2017 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu)
April 28, 2016 Opinion or Order Filing 463 ORDER OF SATISFACTION re: #15 Clerk's Judgment, In favor of Blue Angel Capital I LLC Against The Republic of Argentina in the amount of $229,654,415.00. 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)
April 25, 2016 Opinion or Order Filing 462 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiffs in the above-captioned actions 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, and without costs, disbursements or fees to either side. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama)
March 15, 2016 Opinion or Order Filing 461 ORDER: After signing an Agreement in Principle on February 29, 2016, the Republic of Argentina and the captioned plaintiffs have jointly requested that the court order the settlement payment mechanism outlined in Addendum A. The Republic has signed agreements in principle with many plaintiffs that could result in settlements in various actions before this court. The settlements in all cases in the Argentina debt litigation present the court with extraordinary circumstances because the settlements are "of critical importance to the economic health of a nation." See EM Ltd. v. Republic of Argentina, 131 F. App'x 745, 747 (2d Cir. 2005). Any attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest. See id. (recognizing this court's considerable discretion to deny attachment and restraint of funds "connect[ed] with a restructuring of Argentina's public debt to be accomplished through an issuance of new bonds"); Capital Ventures Int'l v. Republic of Argentina, 443 F.3d 214, 222-23 (2d Cir. 2006) (suggesting that this court could, in "extraordinary circumstances," exercise its discretion to deny attachments that are "against the public interest"); Capital Ventures Int'l v. Republic of Argentina, 652 F.3d 266, 273 (2d Cir. 2011) (again suggesting that this court could deny attachments that might impede a "deal [that] will have a substantial effect on [the Republic's] finances or its ability to access the capital markets"). Accordingly, the court now "so orders" the payment mechanism outlined in Addendum A. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2016) (Attachments: #1 Exhibit)(kl) (Attachment 1 replaced on 3/15/2016) (kl).
November 4, 2015 Filing 460 LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated November 4, 2015 re: plaintiffs' November 3 reply brief. Document filed by The Republic of Argentina.(Blackman, Jonathan)
November 3, 2015 Filing 459 REPLY MEMORANDUM OF LAW in Support re: #453 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by Blue Angel Capital I LLC. (Friedman, Edward)
October 30, 2015 Filing 458 MEMORANDUM OF LAW in Opposition re: #453 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
October 30, 2015 Filing 457 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #453 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)
October 20, 2015 Opinion or Order Filing 456 ORDER: On October 16, 2015, plaintiffs moved for an order deeming that defendant has waived its privileges. As the parties have now agreed, defendant may respond to plaintiffs' motion no later than 2:00p.m. on October 30, 2015. The court will hear argument at 11:45 a.m. on November 5, 2015. (Responses due by 10/30/2015, Oral Argument set for 11/5/2015 at 11:45 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/20/2015) (kl)
October 16, 2015 Filing 455 DECLARATION of Collin F. Hessney in Support re: #453 MOTION For an Order Deeming That Argentina has Waived its Privileges .. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-M)(Friedman, Edward)
October 16, 2015 Filing 454 MEMORANDUM OF LAW in Support re: #453 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by Blue Angel Capital I LLC. (Friedman, Edward)
October 16, 2015 Filing 453 MOTION For an Order Deeming That Argentina has Waived its Privileges . Document filed by Blue Angel Capital I LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Friedman, Edward)
September 10, 2015 Filing 452 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated August 20, 2015 re: privilege log issues. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
August 13, 2015 Opinion or Order Filing 451 ORDER granting #440 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl)
July 31, 2015 Filing 450 DECLARATION of Marc G. Farris in Support re: #440 MOTION for Sanctions .. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A)(Rapport, Daniel)
July 31, 2015 Filing 449 REPLY MEMORANDUM OF LAW in Support re: #440 MOTION for Sanctions . . Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
July 30, 2015 Opinion or Order Filing 448 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)
July 17, 2015 Filing 447 MEMORANDUM OF LAW in Opposition re: #440 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
July 17, 2015 Filing 446 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #440 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibit G, #4 Exhibits H-M, #5 Exhibits N-O, #6 Exhibits P-R)(Blackman, Jonathan)
July 17, 2015 Filing 445 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)
July 8, 2015 Filing 444 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
June 24, 2015 Filing 443 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
June 17, 2015 Filing 442 DECLARATION of Eric J. Finkelstein in Support re: #440 MOTION for Sanctions .. Document filed by Blue Angel Capital I LLC. (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)(Rapport, Daniel)
June 17, 2015 Filing 441 MEMORANDUM OF LAW in Support re: #440 MOTION for Sanctions . . Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
June 17, 2015 Filing 440 MOTION for Sanctions . Document filed by Blue Angel Capital I LLC.(Rapport, Daniel)
January 29, 2015 Opinion or Order Filing 439 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 1/28/2015 re: Request to withdraw as counsel. ENDORSEMENT: SO ORDERED. Attorney Emily Anne Stubbs terminated. (Signed by Judge Thomas P. Griesa on 1/29/2015) (ajs)
December 23, 2014 Filing 438 MANDATE of USCA (Certified Copy) as to #419 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 13-4086-cv(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)
October 3, 2014 Filing 437 NOTICE of Withdrawal of Appearance of Kimberly Hamm. Document filed by Blue Angel Capital I LLC. (Hamm, Kimberly)
September 19, 2014 Opinion or Order Filing 436 UNDERTAKING REGARDING CONFIDENTIALITY STIPULATION AND ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/19/2014) (ajs)
September 3, 2014 Opinion or Order Filing 435 UNDERTAKING REGARDING CONFIDENTIALITY STIPULATION AND ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/3/2014) (ajs)
August 7, 2014 Opinion or Order Filing 434 ORDER FOR ADMISSION PRO HAC VICE. The motion of Mark T. Stancil for admission to practice pro hac vice in the above-captioned case is granted. Applicant having requested admission pro hac vice to appear for all purposes as counsel for the Plaintiffs in the above entitled action; IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Thomas P. Griesa on 8/7/2014) (ja)
April 25, 2014 Filing 433 NOTICE OF CHANGE OF ADDRESS by Eric Justin Finkelstein on behalf of Blue Angel Capital I LLC. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, 28th Floor, New York, New York, 10036-6516, 212-833-1100. (Finkelstein, Eric)
April 18, 2014 Filing 432 OPINION #104382 granting #421 Motion to Stay ; granting #426 Motion for Joinder. 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 6/2/2014 (ca).
April 17, 2014 Filing 431 REPLY MEMORANDUM OF LAW in Support re: #421 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen)
April 17, 2014 Filing 430 MEMORANDUM OF LAW in Opposition re: #426 MOTION for Joinder to the Citi Entities' Motion for a Stay., #421 MOTION to Stay.. Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
April 10, 2014 Filing 429 MEMORANDUM OF LAW in Opposition re: #421 MOTION to Stay. (corrected). Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
April 7, 2014 Filing 428 DECLARATION of Eric J. Finkelstein in Opposition re: #421 MOTION to Stay.. Document filed by Blue Angel Capital I LLC. (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)(Rapport, Daniel)
April 7, 2014 Filing 427 MEMORANDUM OF LAW in Opposition re: #421 MOTION to Stay.. Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
April 4, 2014 Filing 426 MOTION for Joinder to the Citi Entities' Motion for a Stay. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance)
April 4, 2014 Filing 425 NOTICE OF APPEARANCE by Eric Justin Finkelstein on behalf of Blue Angel Capital I LLC. (Finkelstein, Eric)
March 20, 2014 Filing 424 DECLARATION of Lindsey T. Knapp in Support re: #421 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Knapp, Lindsey)
March 20, 2014 Filing 423 DECLARATION of Rebecca J. Nelson in Support re: #421 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen)
March 20, 2014 Filing 422 MEMORANDUM OF LAW in Support re: #421 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen)
March 20, 2014 Filing 421 MOTION to Stay. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Wagner, Karen)
November 22, 2013 Filing 420 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #419 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 13-4086, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd)
October 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #419 Notice of Appeal. (tp)
October 24, 2013 Filing 419 NOTICE OF APPEAL from #418 Order on Motion to Compel, Order on Motion to Quash,,,,,,,,,,,,,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010388. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
September 25, 2013 Opinion or Order Filing 418 ORDER: granting #377 Motion to Compel; denying #387 Motion to Quash; denying #392 Motion to Quash. IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/25/2013) (ama)
September 24, 2013 Filing 417 LETTER addressed to Judge Thomas P. Griesa from James L. Kerr dated September 24, 2013 re: Rulings Made at the September 3, 2013 Hearing. Document filed by Banco De La Nacion Argentina, Barclays Bank PLC, Barclays Capital Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Transcript of September 3, 2013 Proceeding before Judge Griesa), #3 Exhibit C (Opinion dated September 4, 2013))(Kerr, James)
September 24, 2013 Filing 416 LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated September 24, 2013 Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rapport, Daniel)
July 17, 2013 Filing 415 DECLARATION of Emily A. Stubbs in Support re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rapport, Daniel)
July 17, 2013 Filing 414 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
June 21, 2013 Filing 413 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 21, 2013 Filing 412 DECLARATION of Carmine D. Boccuzzi, with Exhibits A through E, dated June 21, 2013 in Opposition re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit B, #2 Exhibit C-D, #3 Exhibit E)(Boccuzzi, Carmine)
June 21, 2013 Filing 411 REPLY MEMORANDUM OF LAW in Support re: #387 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James)
June 21, 2013 Filing 410 DECLARATION of Lance Croffoot-Suede in Support re: #392 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Croffoot-Suede, Lance)
June 21, 2013 Filing 409 REPLY MEMORANDUM OF LAW in Support re: #392 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance)
May 27, 2013 Filing 408 DECLARATION of Daniel B. Rapport in Support re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K)(Rapport, Daniel)
May 27, 2013 Filing 407 REPLY MEMORANDUM OF LAW in Support re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
May 3, 2013 Opinion or Order Filing 406 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 4/22/2013 re: As set forth below, the schedule for these motions has been the subject of various orders by the Court; Plaintiffs and the Banks are now requesting a further adjournment of the schedule. May 27, 2013: Plaintiffs shall serve their reply and their opposition to the cross-motions; June 21, 2013: The Banks that have filed cross-motions shall serve their replies. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/03/2013) (ama)
April 1, 2013 Opinion or Order Filing 405 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jessica A. Murzyn dated 3/15/2013 re: Accordingly, pursuant to Local Civil Rule 1.4, I respectfully request that my name be removed from the docket sheets and all service lists and that I no longer receive electronic notifications in the above actions. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/01/2013) (ama)
March 15, 2013 Opinion or Order Filing 404 ENDORSED LETTER addressed to Judge Thomas P. Grisea from Emily A. Stubbs dated 3/8/2013 re: Plaintiff's counsel writes Plaintiffs and the Banks are again requesting a 45-day adjournment in accordance with the following schedule: May 6, 2013: Plaintiffs shall serve their reply and their opposition to the cross motions. May 31, 2013: The Banks that have filed cross-motions shall their replies. We are available to discuss the modofied schedule at the Courts convenience. If Your Honor has no objection, we respectfully request that Your Honor so order the modified schedule by endorsement of this letter. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 3/15/2013) (ago)
March 7, 2013 Opinion or Order Filing 403 OPINION: For the reasons stated herein, the Republic's motion for a protective order and motion to quash are denied. The court will hold a hearing at a later date to discuss whether and how the subpoenas will need to be more narrowly tailored. (Signed by Judge Thomas P. Griesa on 3/7/2013) See Docket Entry at 402(ago)
March 7, 2013 Filing 402 OPINION: #102991 Please remove document 65 in case 07 Civ. 2698 and file the document in the case 07 Civ. 2693. (Signed by Judge Thomas P. Griesa on 3/7/2013) (ago) Modified on 3/13/2013 (jab).
February 25, 2013 Filing 401 NOTICE of Withdrawal of Appearance of Susan M. Cordaro. Document filed by Blue Angel Capital I LLC. (Hamm, Kimberly)
January 25, 2013 Filing 400 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 1/23/2013 re: In light of the continued activity on other Argentina-related matters, Plaintiffs, the Republic, and the Banks have agreed to adjourn the submission dates for the remaining briefs by an additional 45 days. ENDORSEMENT: Approved., ( Responses due by 3/21/2013, Replies due by 4/11/2013.) (Signed by Judge Thomas P. Griesa on 1/25/2013) (ama)
December 14, 2012 Opinion or Order Filing 399 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 12/13/2012 re: In light of the current activity on other Argentina related matters, Plaintiffs, the Republic, and the Banks have agreed to adjourn the submission dates for the remaining briefs by 45 days, in accordance with the following briefing schedule: February 4, 2013: Plaintiffs shall serve their reply in support of their motion to compel February 25, 2013: The Banks that have filed cross-motions to quash, modify, or for a protective order, shall serve their replies. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/14/2012) (lmb)
November 27, 2012 Opinion or Order Filing 398 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 11/21/2012 re: We are available to discuss the modified scheduled at the Court's convenience. If Your Honor has no objections, we respectfully request that Your Honor "so order" the modified schedule by endorsement of this letter. Bank of America shall serve its opposition to Plaintiffs' motion to compel December 3, 2012; Plaintiff shall serve their reply in support of their motion to compel December 21, 2012; The Banks that have or will have filed cross-motions to quash, modify, or for a protective order, shall serve their replies January 11,2012.ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/26/2012) (ama)
November 13, 2012 Filing 397 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 11/5/2012 re: Plaintiffs time to reply to their motion to compel will be discussed with the Republic and the Banks following receipt of the papers filed by the Republic and the Banks (excepting Bank of America). ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/13/2012) (cd)
November 8, 2012 Filing 396 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC for Barclays Bank PLC, Barclays Capital Inc.. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance)
November 8, 2012 Filing 395 MEMORANDUM OF LAW in Support re: #392 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc.. and in Opposition to Plaintiffs' Motion to Compel. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance)
November 8, 2012 Filing 394 DECLARATION of Lance Croffoot-Suede in Support re: #392 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Croffoot-Suede, Lance)
November 8, 2012 Filing 393 DECLARATION of Solomon Kibriye in Support re: #392 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance)
November 8, 2012 Filing 392 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc.. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance)
November 7, 2012 Filing 391 REPLY MEMORANDUM OF LAW in Support re: #363 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012. and in Opposition re: #377 Plaintiffs' Motion to Compel Production. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 7, 2012 Filing 390 DECLARATION of Rebecca J. Nelson in Support re: #387 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James)
November 7, 2012 Filing 389 DECLARATION of James L. Kerr in Support re: #387 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kerr, James)
November 7, 2012 Filing 388 MEMORANDUM OF LAW in Support re: #387 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011. / and in Opposition to Plaintiffs' Motion to Compel Production. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James)
November 7, 2012 Filing 387 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Kerr, James)
November 7, 2012 Filing 386 DECLARATION of Mark S. Sullivan in Opposition re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. 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)
November 7, 2012 Filing 385 MEMORANDUM OF LAW in Opposition re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
October 26, 2012 Filing 384 NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Rowland, Matthew)
October 26, 2012 Filing 383 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Knapp, Lindsey)
October 26, 2012 Filing 382 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Kerr, James)
October 26, 2012 Filing 381 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Wagner, Karen)
October 24, 2012 Opinion or Order Filing 380 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 10/19/2012 re: Counsel for one of the banks -Bank of America - has requested an extension of the schedule due to a personal medical situation. Accordingly, Plaintiffs and Bank of America have agreed to adjust the briefing schedule as follows: November 21, 2012: Bank of America shall serve its opposition to Plaintiffs' motion to compel. December 12, 2012: Plaintiffs shall serve their reply in support of their motion to compel as it pertains to Bank of America. This change applies only to Bank of America; the rest of the submissions with respect to Plaintiffs' motion to compel shall be served in accordance with the schedule previously set by Your Honor. ENDORSEMENT: So ordered. (Signed by Judge Thomas P. Griesa on 10/24/2012) (djc) Modified on 10/25/2012 (djc). Modified on 10/26/2012 (djc).
October 10, 2012 Filing 379 DECLARATION of Eric J. Finkelstein in Support re: #377 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-9, #3 Exhibit 10-12, #4 Exhibit 13-15, #5 Exhibit 16-18, #6 Exhibit 19-21, #7 Exhibit 22-24, #8 Exhibit 25-27, #9 Exhibit 28-30, #10 Exhibit 31-33, #11 Exhibit 34-36, #12 Exhibit 37-39, #13 Exhibit 40-54, #14 Exhibit 55-57, #15 Exhibit 58-78, #16 Exhibit 79-81, #17 Exhibit 82-87, #18 Exhibit 88-94)(Stubbs, Emily)
October 10, 2012 Filing 378 MEMORANDUM OF LAW in Support re: #377 MOTION to Compel Production from Defendant and Non-Party Banks. Memorandum of Law in Support of Plaintiffs' Motion to Compel Production from Defendant and Non-Party Banks and in Opposition to Defendant's Motion for a Protective Order and to Quash. Document filed by Blue Angel Capital I LLC. (Stubbs, Emily)
October 10, 2012 Filing 377 MOTION to Compel Production from Defendant and Non-Party Banks. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Stubbs, Emily)
October 9, 2012 Filing 376 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 10/5/2012 re: Counsel for plaintiffs respectfully request permission to file a memorandum on law of up to 35 pages, so as not to burden the Court with multiple briefs. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/9/2012) (pl)
September 19, 2012 Filing 375 MEMORANDUM OF LAW in Support re: #363 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Blackman, Jonathan)
September 18, 2012 Opinion or Order Filing 374 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 9/12/2012 re: Counsel for the plaintiffs request that the Court "So Order" the proposed briefing schedule set forth herein. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/18/2012) (ft)
August 22, 2012 Opinion or Order Filing 372 STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows: 1. Plaintiffs' time to respond to the Motion shall be extended through and including October 11, 2012, unless further extended by the parties; and 2. This stipulation relates to scheduling only and is without prejudice to the rights of all parties, which are expressly reserved; and 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the third request for an extension of the briefing schedule for the Motion., ( Responses due by 10/11/2012.) (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb)
August 22, 2012 Opinion or Order Filing 371 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Benedict J. Schweigert dated 8/10/2012 re: Davis Polk & Wardwell LLP, a firm with which I was formerly associated, represents nonparty Citibank, N.A. in the above-referenced cases. I left Davis Polk & Wardwell LLP on April 20, 2012, and thus no longer serve as counsel to Citibank, N.A. Accordingly, I respectfully request that the Court instruct the docket clerk to remove my registration as counsel of record. ENDORSEMENT: So ordered., Attorney Benedict John Schweigert terminated. (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb)
August 3, 2012 Filing 373 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Jefferies & Company inc. on 5/11/2010. Service was accepted by Ms. kane (Legal). Document filed by Blue Angel Capital I LLC. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor (js)
July 31, 2012 Filing 370 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on RBC Capital Markets Corporation on 4/15/2010. Service was accepted by Ms. L. Sobel - Legal. Document filed by Blue Angel Capital I LLC. 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, Southern District of New York By: Amaury Pena, Co-op(djc)
July 31, 2012 Filing 369 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of Tokyo-Mitsubishi UFJ, Ltd. on 5/7/2010. Service was accepted by Ms. Calderaro-Legal. Document filed by Blue Angel Capital I LLC. (pl)
July 31, 2012 Filing 368 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Cantor Fitzgerald & Co. on 5/10/10. Service was accepted by Ms. Penny. Document filed by The Republic of Argentina. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied, Dated: New York, April 24, 2012 - Joseph R. Guccionne, United States Marshal SDNY, BY: Amaury Pena, Co-op (djc)
July 11, 2012 Opinion or Order Filing 367 STIPULATION AND CONSENT ORDER: 1. Plaintiffs' time to respond to the Motion shall be extended through and including August 27, 2012, unless further extended by the parties; and 2. This stipulation relates to scheduling only and is without prejudice to the rights of all parties. which are expressly reserved; and 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the second request for an extension of the briefing schedule for the Motion. (Signed by Judge Thomas P. Griesa on 7/11/2012) (ft)
July 11, 2012 Set/Reset Deadlines: Responses due by 8/27/2012 (ft)
May 30, 2012 Opinion or Order Filing 366 STIPULATION AND CONSENT ORDER: WHEREAS on May 22, 2012, the Republic of Argentina filed a Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks (the "Motion"), together with the supporting papers identified in the Motion; and WHEREAS plaintiffs intend to file papers in opposition to the Motion; It is hereby stipulated and Agreed by and between the undersigned counsel as follows: 1. Plaintiffs' time to respond to the Motion shall be extended through and including July 13, 2012 unless further extended by the parties; and 2. This Stipulation relates to scheduling only and is without prejudice to the rights of all parties, which are expressly reserved. 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the first request for an extension of the briefing schedule for the Motion (Signed by Judge Thomas P. Griesa on 5/30/2012) (js)
May 22, 2012 Filing 365 MEMORANDUM OF LAW in Support re: #363 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Blackman, Jonathan)
May 22, 2012 Filing 364 DECLARATION of Sara A. Sanchez, dated May 22, 2012 in Support re: #363 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-N, #2 Exhibits O-T, #3 Exhibits U-Z)(Blackman, Jonathan)
May 22, 2012 Filing 363 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012. Document filed by The Republic of Argentina.(Blackman, Jonathan)
March 28, 2012 Opinion or Order Filing 362 OPINION. The Court grants the motions of BCRA, Citibank, and the Republic to vacate the attachment orders. The Court denies plaintiffs' motion to confirm the attachment orders. The Court denies plaintiffs' motion for expedited discovery. This opinion addresses the motions listed as document numbers 308, 311, 326, 331, and 335 in case 07 Civ. 2693, as well as the same motions in the related cases. Re: (311 in 1:07-cv-02693-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (418 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (374 in 1:07-cv-11327-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., (388 in 1:07-cv-11327-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (422 in 1:07-cv-02715-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Repblica Argentina, (331 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (371 in 1:07-cv-11327-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., (326 in 1:07-cv-02693-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (397 in 1:07-cv-11327-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina, (413 in 1:07-cv-02715-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (395 in 1:07-cv-02715-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., (393 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (308 in 1:07-cv-02693-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (392 in 1:07-cv-02715-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., (335 in 1:07-cv-02693-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina. (Signed by Judge Thomas P. Griesa on 3/28/2012) (rjm)
March 22, 2012 Opinion or Order Filing 361 OPINION re: (377 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (90 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (73 in 1:09-cv-08757-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (35 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (350 in 1:07-cv-11327-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., (358 in 1:07-cv-02715-TPG) MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., (15 in 1:10-cv-03970-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (114 in 1:09-cv-10620-TPG) MOTION to Vacate (70) Order, (71) Order filed by BASF CORPORATION, (27 in 1:10-cv-03507-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (356 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (27 in 1:10-cv-01602-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (340 in 1:07-cv-11327-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., (81 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (31 in 1:10-cv-04782-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (33 in 1:10-cv-03507-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (32 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (26 in 1:10-cv-04101-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Blue Angel Capital I LLC, (29 in 1:10-cv-08339-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (33 in 1:10-cv-04101-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (31 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (65 in 1:09-cv-08757-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (34 in 1:10-cv-03507-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (25 in 1:10-cv-03970-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (17 in 1:10-cv-01602-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (30 in 1:10-cv-08339-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (293 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, (82 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (55 in 1:10-cv-04782-TPG) MOTION to Vacate (13) Order, (14) Order, filed by BASF Corporation, (72 in 1:09-cv-10620-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (17 in 1:10-cv-03507-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (82 in 1:09-cv-10620-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (32 in 1:10-cv-04782-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (59 in 1:10-cv-01602-TPG) MOTION to Vacate (16) Order, (15) Order, filed by BASF Corporation, (34 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (53 in 1:10-cv-08339-TPG) MOTION to Vacate (11) Order, (10) Order, filed by BASF Corporation, (55 in 1:10-cv-03970-TPG) MOTION to Vacate (14) Order, (13) Order, filed by BASF Corporation, (378 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (276 in 1:07-cv-02693-TPG) MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base filed by Blue Angel Capital I LLC, (15 in 1:10-cv-04782-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Blue Angel Capital I LLC, (57 in 1:10-cv-03507-TPG) MOTION to Vacate (15) Order, (16) Order, filed by BASF Corporation, (56 in 1:10-cv-04101-TPG) MOTION to Vacate (14) Order, (15) Order, filed by BASF Corporation, (25 in 1:10-cv-04782-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. filed by Blue Angel Capital I LLC, (22 in 1:10-cv-08339-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (12 in 1:10-cv-08339-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (16 in 1:10-cv-04101-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Blue Angel Capital I LLC, (32 in 1:10-cv-04101-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (89 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (357 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (294 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications
October 5, 2011 Filing 360 SEALED DOCUMENT placed in vault.(nm)
October 5, 2011 Filing 359 REPLY MEMORANDUM OF LAW in Support re: #335 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Ushkow, Michael)
October 5, 2011 Filing 358 REPLY MEMORANDUM OF LAW in Support re: #326 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
October 5, 2011 Filing 357 REPLY MEMORANDUM OF LAW in Support re: #331 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Moore, Christopher)
September 30, 2011 Filing 356 CERTIFICATE OF SERVICE of Notice of Citibank's Motion to Vacate Attachment Order, Citibank's Memorandum of Law in Support of Its Motion to Vacate and in Opposition to Plaintiffs' Motion to Confirm the Order of Attachment, Declaration of James L. Kerr in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment with Exhibit A, Declaration of Hugo N. L. Bruzone in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment, and Declaration of Frederico Elewaut in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment with Attached Exhibits Al -F served on Edward A. Friedman on September 8, 2011. Document filed by Citibank, N.A.. (Schweigert, Benedict)
September 29, 2011 Filing 355 SEALED DOCUMENT placed in vault.(mps)
September 28, 2011 Filing 354 DECLARATION of Daniel B. Rapport in Support re: #311 MOTION to Confirm Order of Attachment., #308 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rapport, Daniel)
September 28, 2011 Filing 353 REPLY MEMORANDUM OF LAW in Support re: #311 MOTION to Confirm Order of Attachment., #308 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Blue Angel Capital I LLC. (Rapport, Daniel)
September 23, 2011 Filing 352 AFFIDAVIT OF SERVICE of Notice of Citibank's Motion to Vacate Attachment Order, Citibank's Memorandum of Law in Support of its Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, Declaration of James L. Kerr in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, Declaration of Hugo N.L. Bruzone in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, and Declaration of Frederico Elewaut in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment with Exhibits A-F served on Edward A. Friedman and Charles Platto on September 8, 2011. Document filed by Citibank, N.A.. (Kerr, James)
September 19, 2011 Filing 351 CERTIFICATE OF SERVICE of Richard V. Conza on September 16, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 19, 2011 Filing 350 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 351) - CERTIFICATE OF SERVICE of Richard V. Conza on September 19, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Modified on 9/20/2011 (gp).
September 16, 2011 Filing 349 REPLY MEMORANDUM OF LAW in Support re: #294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 16, 2011 Filing 348 REPLY MEMORANDUM OF LAW in Support re: #293 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 16, 2011 Filing 347 DECLARATION of /Second Declaration of Claudio Solari, dated July 21, 2011 in Support re: #294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Moore, Christopher)
September 16, 2011 Filing 346 DECLARATION of Carmine D. Boccuzzi, dated September 16, 2011 in Support re: #294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 16, 2011 Filing 345 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citibank, N.A. (Knapp, Lindsey)
September 16, 2011 Filing 344 NOTICE OF APPEARANCE by Benedict John Schweigert on behalf of Citibank, N.A. (Schweigert, Benedict)
September 16, 2011 Filing 343 NOTICE OF APPEARANCE by Edmund Polubinski, III on behalf of Citibank, N.A. (Polubinski, Edmund)
September 13, 2011 Opinion or Order Filing 342 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 9/13/2011 re: The parties have agreed to extend the deadline for the Republic and BASF Corp to reply papers in further support of their respective Motions to Vacate the two ex parte Attachment Orders obtained by plaintiffs on May 16, 2011 from September 14, 2011 to September 16, 2011. We respectfully request that the Court so Order this letter and enter it on the dockets fo the cases listed in Addendum A. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/13/2011) (rdz)
September 9, 2011 Filing 340 CERTIFICATE OF SERVICE of Brendan Cyr on September 8, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Filing 341 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Filing 339 SEALED DOCUMENT placed in vault.(nm)
September 8, 2011 Filing 338 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Filing 337 MEMORANDUM OF LAW Dated September 8, 2011 in Opposition re #308 and #311 and in Support re #331 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Filing 336 MEMORANDUM OF LAW in Support re: #335 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
September 8, 2011 Filing 335 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph)
September 8, 2011 Filing 334 DECLARATION of Carmine D. Boccuzzi, dated September 8, 2011 in Opposition re #308 and #311 and in Support re #331 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Filing 333 DECLARATION of Francisco Eggers, dated September 8, 2011 in Opposition re #308 and #311 and in Support re #331 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Filing 332 DECLARATION of Adrian E. Cosentino, dated August 3, 2011 in Opposition re #308 and #311 and in Support re #331 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Filing 331 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Citibank at the Federal Reserve Bank of New York, Dated September 8, 2011.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
September 8, 2011 Filing 330 DECLARATION of Federico Elewaut in Support re: #326 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
September 8, 2011 Filing 329 DECLARATION of Hugo N. L. Bruzone in Support re: #326 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Filing 328 DECLARATION of James L. Kerr in Support re: #326 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
September 8, 2011 Filing 327 MEMORANDUM OF LAW in Support re: #326 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Filing 326 MOTION to Vacate Order of Attachment. Document filed by Citibank, N.A..(Kerr, James)
September 8, 2011 Filing 325 DECLARATION of Kimberly Hamm - REDACTED in Support of 286 and in Opposition to #294 . in Support re: 286 MOTION TO CONFIRM THE ATTACHMENT ORDERS AGAINST THE REPUBLIC'S PROPERTY INTERESTS IN UNITED STATES PATENT.., #294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P, #4 Exhibit Q-V, #5 Exhibit W-AA)(Hamm, Kimberly)
September 1, 2011 Opinion or Order Filing 324 STIPULATION AND CONSENT ORDER: Any memoranda of law and other papers in opposition to the Discovery Motion and Motion to Confirm shall be filed and served on or before September 8, 2011; any reply thereto shall be filed and served on or before September 28, 2011; and oral argument with respect to the Discovery Motion and Motion to Confirm shall be heard on a date to be set by the Court that is on or after October 3, 2011. (Responses due by 9/8/2011. Replies due by 9/28/2011.) (Signed by Judge Thomas P. Griesa on 9/1/2011) (ab)
August 31, 2011 Filing 323 DECLARATION of Kimberly Hamm in Support of 286 and in Opposition to #294 in Support re: 286 MOTION TO CONFIRM THE ATTACHMENT ORDERS AGAINST THE REPUBLIC'S PROPERTY INTERESTS IN UNITED STATES PATENT.., #294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P, #4 Exhibit Q-V, #5 Exhibit W, #6 Exhibit X- PART 1, #7 Exhibit X- PART 2, #8 Exhibit Y, #9 Exhibit Z- PART 1, #10 Exhibit Z-PART 2, #11 Exhibit AA)(Hamm, Kimberly)
August 31, 2011 Filing 322 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of Kimberly Hamm in Suport of 276 and in Opposition to #293 in Support re: 276 MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base., #293 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-C)(Hamm, Kimberly) Modified on 9/1/2011 (db).
August 31, 2011 Filing 321 DECLARATION of Kimberly Hamm in Suport of 276 and in Opposition to #293 in Support re: 276 MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base., #293 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-C)(Hamm, Kimberly)
August 31, 2011 Filing 320 REPLY MEMORANDUM OF LAW in Support re: 276 MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base., #293 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. Memorandum of Law in Opposition to #293 . Document filed by Blue Angel Capital I LLC. (Ostrager, Barry)
August 31, 2011 Filing 319 REPLY MEMORANDUM OF LAW in Support re: 286 MOTION TO CONFIRM THE ATTACHMENT ORDERS AGAINST THE REPUBLIC'S PROPERTY INTERESTS IN UNITED STATES PATENT.., #294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011. Memorandum of Law In Opposition to #294 . Document filed by Blue Angel Capital I LLC. (Ostrager, Barry)
August 19, 2011 Opinion or Order Filing 318 STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows: With respect to the FRBNY Subpoena, the date to respond or object to the request for documents is adjourned from August 15 to August 29, 2011, and the date for testimony is adjourned sine die. With respect to the Citibank Subpoena, the date to respond or object to the request for documents is adjourned from August 15 to August 29, 2011, and the date for testimony is adjourned sine die. Any memoranda of law and other papers in opposition to the Discovery Motion and Motion to Confirm shall be filed and served on or before September 1, 2011; any reply thereto shall be filed and served on or before September 21, 2011; and oral argument with respect to the Discovery Motion and Motion to Confirm shall be heard on a date to be set by the Court that is on or after September 22, 2011. Nothing herein shall constitute a waiver of sovereign immunity nor consent to personal or subject matter jurisdiction. Set Deadlines/Hearing as to (392 in 1:07-cv-02715-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (395 in 1:07-cv-02715-TPG) MOTION to Confirm Order of Attachment, (374 in 1:07-cv-11327-TPG) MOTION to Confirm Order of Attachment, (371 in 1:07-cv-11327-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (308 in 1:07-cv-02693-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (311 in 1:07-cv-02693-TPG) MOTION to Confirm Order of Attachment, (96 in 1:09-cv-08757-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (99 in 1:09-cv-08757-TPG) MOTION to Confirm Order of Attachment, (107 in 1:09-cv-10620-TPG) MOTION to Confirm Order of Attachment, (104 in 1:09-cv-10620-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (53 in 1:10-cv-01602-TPG) MOTION to Confirm Order of Attachment, (50 in 1:10-cv-01602-TPG) MOTION to Expedite Discovery from the Republic and BCRA:( Responses due by 9/1/2011, Replies due by 9/21/2011.) (Signed by Judge Thomas P. Griesa on 8/19/2011) (mro)
August 9, 2011 Filing 317 CERTIFICATE OF SERVICE of Notice of Motion to Confirm Order of Attachment and supporting papers served on Federal Reserve Bank of New York on 8/9/11. Document filed by Blue Angel Capital I LLC. (Stubbs, Emily)
August 9, 2011 Opinion or Order Filing 316 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Chad Leicht dated 7/29/2011 re: Counsel writes to request that his name be removed from the docket and that he no longer receive electronic notifications in this action as counsel for Blue Angel Capital I LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/9/2011) (ab)
August 9, 2011 Filing 315 DECLARATION of Kenneth N. Kuttner in Support re: #313 Brief. Document filed by Blue Angel Capital I LLC. (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)(Stubbs, Emily)
August 9, 2011 Filing 314 DECLARATION of Emily A. Stubbs in Support re: #313 Brief. Document filed by Blue Angel Capital I LLC. (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)(Stubbs, Emily)
August 8, 2011 Filing 313 BRIEF in Support of Plaintiffs' Application for Order of Attachment. Document filed by Blue Angel Capital I LLC.(Friedman, Edward)
August 8, 2011 Filing 312 MEMORANDUM OF LAW in Support re: #311 MOTION to Confirm Order of Attachment.. Document filed by Blue Angel Capital I LLC. (Friedman, Edward)
August 8, 2011 Filing 311 MOTION to Confirm Order of Attachment. Document filed by Blue Angel Capital I LLC.(Friedman, Edward)
August 8, 2011 Filing 310 DECLARATION of Daniel B. Rapport in Support re: #308 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rapport, Daniel)
August 8, 2011 Filing 309 MEMORANDUM OF LAW in Support re: #308 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Blue Angel Capital I LLC. (Friedman, Edward)
August 8, 2011 Filing 308 MOTION to Expedite Discovery from the Republic and BCRA. Document filed by Blue Angel Capital I LLC.(Friedman, Edward)
July 22, 2011 Opinion or Order Filing 307 STIPULATION AND ORDER: 1. BASF shall have until August 17, 2011 to (a) serve papers in response to plaintiffs' "Motion to Confirm the Pre-Judgment And Post-Judgment Attachment Orders Dated May 16, 2011 and Directed at Royalty/Licensing Fees The Republic is Entitled to Receive from BASF," dated May 17, 2011, and plaintiffs' "Motion to Confirm the Attachment Orders Against the Republic's Property Interests in United States Patents," dated May 23, 2011 (together, the "Motions to Confirm"); and/or (b) move to vacate the Attachment Orders obtained by plaintiffs on May 16,2011; 2. Plaintiffs shall have until August 31, 2011 to serve reply papers in further support of their Motions to Confirm, and to serve papers in response to the Republic's Motions to Vacate filed on June 30, 2011 and any papers filed by BASF on August 17, 2011; The Republic and BASF shall have until September 14, 2011 to serve reply papers in further support of their respective Motions to Vacate, if any. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel for plaintiffs and the Republic represent that this is the second request for an extension of the briefing schedule for these Motions and that such request is being made in order to allowBASF to be heard in connection with these Motions. The first request for an extension of the briefing schedule was granted. (Signed by Judge Thomas P. Griesa on 7/22/2011) (mbe) Modified on 8/24/2011 (ae).
July 6, 2011 Filing 306 SEALED DOCUMENT placed in vault.(mps)
July 6, 2011 Filing 305 DECLARATION of Carmine D. Boccuzzi [REDACTED] in Opposition re 276 and in Support re #293 . Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A through E, #2 Exhibits F through J)(Boccuzzi, Carmine)
July 1, 2011 Filing 304 CERTIFICATE OF SERVICE of Brendan Cyr on June 30, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 303 MEMORANDUM OF LAW in Opposition re 286 and in Support re #294 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 302 MEMORANDUM OF LAW in Opposition re 276 and in Support re #293 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 301 DECLARATION of Carmine D. Boccuzzi in Opposition re 286 and in Support re #294 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 300 DECLARATION of Carmine D. Boccuzzi in Opposition re 276 and in Support re #293 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 299 DECLARATION of Enrique Mario Martinez in Opposition re 286 and in Support re #294 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 298 DECLARATION of Faustino Sineriz in Opposition re 286 and in Support re #294 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 297 DECLARATION of Rodolfo Ariel Blasco in Opposition re 286 and in Support re #294 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 296 DECLARATION of Claudio Solari in Opposition re 286 and in Support re #294 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 295 DECLARATION of Adolfo Luis Cerioni in Opposition re 276 and 286 and in Support re #293 and #294 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 294 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
June 30, 2011 Filing 293 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
June 28, 2011 Filing 292 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 6/24/2011 re: Counsel for the Republic requests that Your Honor instruct the Clerk of the Court to designate the following four non-ECF cases as ECF cases: 07cv2715, 07cv2693, 09cv10620, 10cv1602. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/28/2011) (tro)
June 28, 2011 Case Designated ECF. (tro)
June 7, 2011 Opinion or Order Filing 291 STIPULATION AND ORDER. The Republic shall have until June 30, 2011 to (a) serve papers in response to plaintiffs' "Motion to Confirm the Pre-Judgment And Post-Judgment Attachment Orders Dated May 16, 2011 and Directed at Royalty/Licensing Fees The Republic is Entitled to Receive from BASF," dated May 17, 2011, and plaintiffs' "Motion to Confirm the Attachment Orders Against the Republic's Property Interests in United States Patents," dated May 23, 2011 (together, the "Motions to Confirm"); and (b) move to vacate the Attachment Orders obtained by plaintiffs on May 16, 2011 (the "Motion to Vacate"); Plaintiffs shall have until July 29, 2011 to serve reply papers, if any, in further support of their Motions to Confirm, and to serve papers in response to the Republic's Motion to Vacate; The Republic shall have until August 12, 2011 to serve reply papers, if any, in further support of its Motion to Vacate, and as further set forth. (Signed by Judge Thomas P. Griesa on 6/7/11) (rjm)
June 7, 2011 Set/Reset Deadlines: Motions due by 6/30/2011. (rjm)
May 31, 2011 Opinion or Order Filing 290 ORDER MODIFYING AUTHORITY OF RECEIVER APPOINTED MAY 16, 2011. IT IS HEREBY ORDERED that this Order modifying the scope of the Receiver's authority provided in the May 16 Order shall apply nunc pro tunc and operate as an extension of the May 16 Order, so that the priority of the plaintiffs in the above-captioned actions (the "Aurelius Plaintiffs" or "Plaintiffs") will be protected under the provisions of the N.Y. C.P.L.R. FURTHER ORDERED that the powers and authority of Bart M. Schwartz, as Receiver provided in the May 16 Order while the merits of this action concerning certain US Patent Interests are pending, are hereby revised and replaced in their entirety with the following as further specified in this order. (Signed by Judge Thomas P. Griesa on 5/31/11) (rjm)
May 24, 2011 Filing 289 NOTICE OF APPEARANCE by Kimberly Ann Hamm on behalf of Blue Angel Capital I LLC. (mbe)
May 23, 2011 Filing 288 DECLARATION of Barry R. Ostrager. Document filed by Blue Angel Capital I LLC. (mbe)
May 23, 2011 Filing 287 MEMORANDUM OF LAW in Support re: 286 MOTION TO CONFIRM THE ATTACHMENT ORDERS AGAINST THE REPUBLIC'S PROPERTY INTERESTS IN UNITED STATES PATENT. Document filed by Blue Angel Capital I LLC. (mbe)
May 23, 2011 Filing 286 MOTION TO CONFIRM THE ATTACHMENT ORDERS AGAINST THE REPUBLIC'S PROPERTY INTERESTS IN UNITED STATES PATENT. Document filed by Blue Angel Capital I LLC.(mbe)
May 19, 2011 Filing 285 DECLARATION of Sara A. Sanchez. Document filed by Blue Angel Capital I LLC. (mbe)
May 19, 2011 Filing 284 MEMORANDUM OF LAW in Opposition to the Aurelius Plaintiffs' Order to Show Cause to appoint a Receiver and for expedited Discovery. Document filed by Blue Angel Capital I LLC. (mbe)
May 18, 2011 Filing 283 AFFIDAVIT OF SERVICE. Document filed by Blue Angel Capital I LLC. (mbe)
May 18, 2011 Filing 282 DECLARATION of Ostrager. Document filed by Blue Angel Capital I LLC. (mbe)
May 18, 2011 Filing 281 MEMORANDUM OF LAW in Support of the Plaintiffs' Motion by Order to show cause for attachment Orders and the Appointment of a Receiver to seize and liquidate the Republic's property interests in the United States Patents. Document filed by Blue Angel Capital I LLC. (mbe)
May 18, 2011 Filing 280 MEMORANDUM OF LAW in Support of Plaintiff's Motion by Order to Show Cause for an Attachment Order directed at Royal/Licensing fees the Republic is entitled to receive from BASF. Document filed by Blue Angel Capital I LLC. (mbe)
May 18, 2011 Filing 279 DECLARATION of Ostrager. Document filed by Blue Angel Capital I LLC. (mbe)
May 17, 2011 Filing 278 DECLARATION of Ostrager. Document filed by Blue Angel Capital I LLC. (mbe)
May 17, 2011 Filing 277 MEMORANDUM OF LAW in Support re: 276 MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from BASF. Document filed by Blue Angel Capital I LLC. (mbe)
May 17, 2011 Filing 276 MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from BASF. Document filed by Blue Angel Capital I LLC.(mbe)
May 16, 2011 Opinion or Order Filing 275 ATTACHMENT ORDER. IT IS HEREBY ORDERED that the Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or post-judgment attachment or order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for the Plaintiffs in the Pending Aurelius and/or Blue Angel Actions; and IT IS FURTHER ORDERED that the amount to be secured by this Order is $1,168,014,352, the sum of (a) the original principal amounts claimed in the Pending Aurelius and Blue Angel Actions, (b) the amount of prejudgment interest that Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC calculate they are owed as of May 13, 2011 in those Actions, and (c) the Final Judgment amount in favor of the Post-Judgment Plaintiffs in the Post-Judgment Actions, plus post-judgment interest on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961; IT IS FURTHER ORDERED that opposing papers if any are to be served upon counsel for Plaintiffs, Susan M. Cordaro, Esq., Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm)
May 16, 2011 Opinion or Order Filing 274 ATTACHMENT ORDER. IT IS HEREBY ORDERED that the Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or post-judgment attachment or order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for the Plaintiffs in the Pending Aurelius and/or Blue Angel Actions; and IT IS FURTHER ORDERED that the amount to be secured by this Order is $1,168,014,352, the sum of (a) the original principal amounts claimed in the Pending Aurelius and Blue Angel Actions, (b) the amount of prejudgment interest that Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC calculate they are owed as of May 13, 2011 in those Actions, and (c) the Final Judgment amount in favor of the Post-Judgment Plaintiffs in the Post-Judgment Actions, plus post-judgment interest on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961; IT IS FURTHER ORDERED that opposing papers if any are to be served upon counsel for Plaintiffs, Susan M. Cordaro, Esq., Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm)
May 16, 2011 Opinion or Order Filing 273 ORDER TO SHOW CAUSE AND APPOINTING RECEIVER. LET THE DEFENDANT HEREIN SHOW CAUSE, before Judge Thomas P. Griesa, Room 268, at the United States Courthouse located at 500 Pearl Street, New York, on the 20th day of May, 2011 at noon, or as soon thereafter as counsel may be heard, why plaintiffs in the above-captioned actions (the "Aurelius Plaintiffs" or "Plaintiffs") should not be granted for the following relief: (a) An order appointing Bart M. Schwartz as Receiver, pursuant to N.Y. C.P.L.R. Section 5228, (b) Limited expedited discovery, pursuant to Fed. R. Civ. P. 26 and 69 and N.Y. C.P.L.R. 5223 and 5224, and such other and further relief as this Court may deem necessary and appropriate under the circumstances. Order Appointing A Receiver Pending the hearing referred to above. It is ordered that pursuant to 28 U.S.C. 1610, Fed. R. Civ. P. 64 and 69, and N.Y. C.P.L.R. 5228(a), 5234(c) and 5240, Bart M. Schwartz is hereby appointed as Receiver with respect to the US Patent Interests and to effectuate the Attachment Order entered by the Court contemporaneously herewith, and as further set forth. Show Cause Hearing set for 5/20/2011 at 12:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm) Modified on 5/17/2011 (rjm).
March 30, 2011 Filing 272 NOTICE OF CHANGE OF ADDRESS by Edward A. Friedman on behalf of Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Friedman, Edward)
March 28, 2011 Filing 271 NOTICE OF CHANGE OF ADDRESS by Andrew W. Goldwater on behalf of Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Goldwater, Andrew)
March 28, 2011 Filing 270 NOTICE OF CHANGE OF ADDRESS by Jessica Axelandra Murzyn on behalf of Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Murzyn, Jessica)
March 28, 2011 Filing 269 NOTICE OF CHANGE OF ADDRESS by Chad Michael Leicht on behalf of Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Leicht, Chad)
March 28, 2011 Filing 268 NOTICE OF CHANGE OF ADDRESS by Emily Anne Stubbs on behalf of Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Stubbs, Emily)
February 17, 2011 Appeal Record Returned. [2 vols.] Indexed record on Appeal Files for Appeal Record Sent to USCA - File, USCA Case Number 08-5630-cv, returned from the U.S. Court of Appeals. (nd)
October 19, 2010 Opinion or Order Filing 267 ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 10/19/2010) (jpo)
September 7, 2010 Opinion or Order Filing 266 ORDER: However, because the civil contempt order is moot, this motion to impose monetary sanctions based on that civil contempt order is therefore denied as moot. This order resolves the motion listed as document numbers 230 and 232 in this case. (Signed by Judge Thomas P. Griesa on 9/3/2010) (jpo)
August 4, 2010 Filing 265 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on Deutsche Bank Trust Company Americas on 2/24/10. Service was accepted by Mr. Francisco. (laq)
August 4, 2010 Filing 264 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on Deutsche Bank AG on 2/24/10. Service was accepted by Mr. Francisco. (laq)
August 4, 2010 Filing 263 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on HSBC Bank N.A. on 3/11/10. Service was accepted by Ms. Muzaffar. (laq)
August 4, 2010 Filing 262 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on Wachoiva Bank NA on 3/16/10. Service was accepted by Ms. N. Kaur. (laq)
August 4, 2010 Filing 261 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on Lazard on 3/5/10. Service was accepted by R.K. Lagay. (laq)
August 4, 2010 Filing 260 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED execution served on Lazard Ltd. on 3/5/10. Service was accepted by R. K. Lagay. (laq)
August 4, 2010 Filing 259 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on Deutsche Bank Securities, Inc. on 4/6/10. Service was accepted by Mr. Fransisco. (laq)
August 4, 2010 Filing 258 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED, execution served on HSBC Bank USA, a National Association on 4/6/10. Service was accepted by Ms. Muzaffar. (laq)
August 4, 2010 Filing 257 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED execution served on HSBC Securities (USA) Inc. on 4/6/10. Service was accepted by Ms. Muzaffar. (laq)
July 23, 2010 Opinion or Order Filing 256 OPINION: #99234 For reasons further set forth in said Order, Plaintiffs' motion for a turnover order is denied. Plaintiffs' motion for an order permitting the U.S. Marshal to levy upon the Republic's beneficial interest in the Trust Bonds is also denied. The court will entertain a motion to vacate the preliminary injunctions of November 19, 2009, referred to earlier in this opinion. (Signed by Judge Thomas P. Griesa on 7/23/10) (db) Modified on 7/29/2010 (ajc). Modified on 8/3/2010 (db).
July 14, 2010 Filing 255 MANDATE of USCA (Certified Copy) as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (129 in 1:08-cv-03302-TPG) Notice of Appeal filed by The Republic of Argentina, (192 in 1:05-cv-02434-TPG) Notice of Appeal, filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (144 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01707-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (214 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01708-TPG) Notice of Appeal filed by The Republic of Argentina, (113 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (132 in 1:08-cv-02541-TPG) Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). Ordered, Adjudged and Decreed that the order of the District Court holding Defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd)
July 14, 2010 Transmission of USCA Mandate/Order to the District Judge re: (339 in 1:05-cv-02434-TPG, 210 in 1:07-cv-02690-TPG, 209 in 1:08-cv-06978-TPG, 323 in 1:03-cv-08845-TPG, 212 in 1:07-cv-01910-TPG, 224 in 1:08-cv-03302-TPG, 66 in 1:09-cv-01707-TPG, 73 in 1:05-cv-10380-TPG, 70 in 1:05-cv-10382-TPG, 67 in 1:09-cv-01708-TPG, 395 in 1:03-cv-02507-TPG, 255 in 1:07-cv-02693-TPG, 199 in 1:07-cv-06563-TPG, 261 in 1:06-cv-06466-TPG, 328 in 1:07-cv-11327-TPG, 345 in 1:07-cv-02715-TPG, 227 in 1:08-cv-02541-TPG) USCA Mandate,. (nd)
July 1, 2010 Opinion or Order Filing 254 SUPPLEMENTAL STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL..regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Thomas P. Griesa on 7/1/10) (pl)
June 11, 2010 Opinion or Order Filing 253 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).
May 28, 2010 Filing 252 TRUE COPY ORDER of USCA as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (65 in 1:05-cv-10383-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the order of the district court holding defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 05/28/2010. (nd)
May 28, 2010 Transmission of USCA Mandate/Order to the District Judge re: (187 in 1:07-cv-06563-TPG, 390 in 1:03-cv-02507-TPG, 252 in 1:07-cv-02693-TPG, 205 in 1:07-cv-02690-TPG, 72 in 1:05-cv-10380-TPG, 312 in 1:03-cv-08845-TPG, 71 in 1:05-cv-10383-TPG, 342 in 1:07-cv-02715-TPG, 200 in 1:07-cv-01910-TPG, 69 in 1:05-cv-10382-TPG) USCA Order. (nd)
May 21, 2010 Filing 251 BANCO CENTRAL DE LA REPUBLICA ARGENTINA'S REPLY IN FURTHER SUPPORT OF CROSS-MOTION TO VACATE AND QUASH ALL EXPARTE ORDERS. Document filed by Banco Central de La Republica Argentina. (Received in the night deposit box on 5/21/10 at 5:29pm) (mro)
May 21, 2010 Filing 250 THE REPUBLIC OF ARGENTINA'S REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO VACATE AND QUASH ALL EX PARTE ATTACHMENT ORDERS. Document filed by The Republic of Argentina. (Received in the night deposit box on 5/21/10 at 6:35pm) (mro)
May 20, 2010 Opinion or Order Filing 249 ORDER: Under these circumstances, the court declines to compel any further compliance with the third-party subpoenas here at issue. The motion to compel is denied. (Signed by Judge Thomas P. Griesa on 5/20/2010) (jpo)
May 7, 2010 Filing 248 SEALED DOCUMENT placed in vault.(cb)
April 30, 2010 Opinion or Order Filing 247 ORDER AUTHORIZING TENDER OF BENEFICIAL INTERESTS FOR PURPOSES OF PARTICIPATION IN THE 2010 EXCHANGE OFFER that 1) Any plaintiff in the above-listed cases who holds a judgment and wishes to participate in the 2010 Exchange Offer may tender the beneficial interests in the Eligible Securities underlying such judgment in accordance with the terms of the 2010 Exchange Offer, and 2) The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. So Ordered. (Signed by Judge Thomas P. Griesa on 4/29/10) (cd)
April 12, 2010 Filing 246 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to #227 Notice of Appeal, filed by Blue Angel Capital I LLC USCA Case Number 10-0839-cv(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 04/09/2010. (nd)
April 12, 2010 Transmission of USCA Mandate/Order to the District Judge re: #246 USCA Mandate Withdrawing Appeal,. (nd)
April 8, 2010 Opinion or Order Filing 245 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)
March 29, 2010 Filing 244 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)
March 29, 2010 Filing 243 CR0SS-MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de La Republica Argentina.(mro)
March 29, 2010 Filing 242 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)
March 29, 2010 Filing 241 The Republic of Argentinas Joinder in Banco Central De La Republica Argentinas Response dated 3/26/10 to Plaintiffs New Alter Ego Allegations and requests that plaintiffs motions be denied. Document filed by The Republic of Argentina.(pl)
March 29, 2010 Filing 240 SEALED DOCUMENT placed in vault.(dn)
March 26, 2010 Filing 239 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 order. Document filed by The Republic of Argentina.(mbe)
March 24, 2010 Filing 238 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #227 Notice of Appeal, filed by Blue Angel Capital I LLC USCA Case Number 10-839, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (nd).
March 24, 2010 Opinion or Order Filing 237 ORDER of USCA (Certified Copy) as to #227 Notice of Appeal, filed by Blue Angel Capital I LLC USCA Case Number 10-0837-cv(L). Upon due consideration, it is hereby ORDERED that the emergency motions of the Republic and Citibank are GRANTED and the district court's March 10, 2010 stay is VACATED because, whether our review is de novo or limited to abuse of discretion, the four factors relevant to imposition of stay cannot support the challenged order. It is further ORDERED that Citibank's motion is DENIED to the extent it seeks vacatur of the district court's March 5, 2010 order. The order is properly reviewed in the pending expedited appeal. It is further ORDERED that the petition for permission to appeal under 28 U.S.C. 1292(b) filed by Aurelius on March 22, 2010, is referred to the merits panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 03/24/2010. (nd)
March 15, 2010 Filing 230 SEALED DOCUMENT placed in vault.(nm)
March 11, 2010 Filing 236 MEMORANDUM OF LAW in Opposition to the Motion of the Republic, Citibank and Anses to Vacate the February 23, 2010 Orders and Writs and in Support of Plaintiffs' Cross-Motion to Confirm the Attachment Order. Document filed by Blue Angel Capital I LLC. (mbe)
March 11, 2010 Filing 235 DECLARATION of Chad M. Leicht in Opposition to the Motions of the Republic, Citibank, and Anses to Vacate the February 23, 2010 Orders and Writs and in Support of Plaintiffs' Cross-Motion to Confirm the Attachment Order. Document filed by Blue Angel Capital I LLC. (mbe)
March 11, 2010 Filing 234 DECLARATION of Chad M. Leicht in Support re: 231 MOTION Ex Parte Application. Document filed by Blue Angel Capital I LLC. (mbe)
March 11, 2010 Filing 233 MEMORANDUM OF LAW in Support re: 231 MOTION Ex Parte Application. Document filed by Blue Angel Capital I LLC. (mbe)
March 11, 2010 Filing 232 Ex Parte Omnibus Motion. Document filed by Blue Angel Capital I LLC.(mbe)
March 11, 2010 Filing 231 MOTION for an Ex Parte. Document filed by Blue Angel Capital I LLC.(mbe)
March 11, 2010 Opinion or Order Filing 229 ORDER CERTIFYING RULING FOR IMMEDIATE APPEAL UNDER 28 U.S.C. 1292(b): On March 5, 2010 the District Court made a ruling that plaintiffs are not entitled to attachments and restraints with respect to a securities custodial account. The District Court grants plaintiffs' motion to certify the ruling of March 5, 2010 for appeal pursuant to 28 U.S.C. 1292(b). In the event that the Court of Appeals concludes that this ruling is not otherwise appealable under 28 U.S.C. 1292(a), the District Court finds that the criteria for appeal pursuant to 28 U.S.C. 1292(b) are met. The District Court believes that a review of the March 5 ruling will show that there are questions of law which should be answered with finality by the Court of Appeals, and cannot be so resolved by the District Court, and that it would be deprivation of justice to deny plaintiffs the opportunity for appeal. (Signed by Judge Thomas P. Griesa on 3/11/2010) (jfe)
March 11, 2010 Filing 228 NOTICE OF FILING of the Writ of Execution. Document filed by Blue Angel Capital I LLC. (mro)
March 11, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #227 Notice of Appeal,. (nd)
March 11, 2010 Transmission of Notice of Appeal to the District Judge re: #227 Notice of Appeal,. (nd)
March 10, 2010 Filing 227 NOTICE OF APPEAL (Filed in the Night Deposit Box at 6:33PM) from #218 Opinion,,. Document filed by Blue Angel Capital I LLC. Filing fee $ 455.00, receipt number E 896797. Copies of Notice of Appeal mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton. (nd)
March 10, 2010 Opinion or Order Filing 226 ORDER CONCERNING STAY PENDING APPEAL: Pending the final resolution of plaintiffs' appeal from the March 5 Order, the implementation of the March 5 Order is stayed, and the February 23 Orders shall remain in full force and effect in accordance with their terms except as modified herein. Plaintiffs shall on or before March 12, file a Notice of Appeal in respect of the March 5 Order and a Motion to Expedite such appeal. The penultimate decretal paragraph in the Attachment Order which provide as follows: EXCEPT THAT this Attachment Order shall not prevent or restrain the day-to-day ordinary-course trading and investment management with respect to any Security Entitlements, PROVIDED THAT, to the extent any Security Entitlements relate to securities of any issuer that is not the Republic or any agency, instrumentality or affiliate of the Republic, such Security Entitlements shall not be transferred or exchanged for, and any funds derived therefrom shall not be invested in, securities or Security Entitlements of any issuer that is the Republic or any agency, instrumentality or affiliate of the Republic, PROVIDED FURTHER, no Intangible Property shall be transferred or moved from one account to another account, and PROVIDED FURTHER, to the extent that any cash proceeds are received in respect of any Intangible Property, such cash shall be transferred only to a segregated account with Citibank in the United States created for that purpose and identified to plaintiffs and such account shall be subject to all restraints ordered herein, shall be deleted and replaced with the following: EXCEPT THAT IT IS FURTHER PROVIDED THAT nothing herein shall attach or restrain any property above an amount of $801,866,784 or from being used for day-to-day ordinary course trading and investment management with respect to any Security Entitlements. The concluding decretal paragraph in this Restraining Order which provides as follows: EXCEPT THAT this Restraining Order shall not prevent or restrain the day-to-day ordinary-course trading and investment management with respect to any Security Entitlements, PROVIDED THAT, to the extent any Security Entitlements relate to securities of any issuer that is not the Republic or any agency, instrumentality or affiliate of the Republic, such Security Entitlements shall not be transferred or exchanged for, and any funds derived therefrom shall not be invested in, securities or Security Entitlements of any issuer that is the Republic or any agency, instrumentality or affiliate of the Republic, PROVIDED FURTHER, no Intangible Property shall be transferred or moved from one account to another account, and PROVIDED FURTHER, to the extent that any cash proceeds are received in respect of any Intangible Property, such cash shall be transferred only to a segregated account with Citibank in the United States created for that purpose and identified to plaintiffs and such account shall be subject to all restraints ordered herein, should be deleted and replaced with the following: EXCEPT THAT IT IS FURTHER PROVIDED THAT nothing herein shall attach or restrain any property above an amount of $801,866,784 or from being used for day-to-day ordinary course trading and investment management with respect to any Security Entitlements. Absent prior order of the Court, during the stay pending appeal, there shall be no transaction, transfer or withdrawal from the restrained accounts that would reduce the aggregate value of the restrained Security Entitlements in those accounts to an amount less than $801,866,784. The Republic (including ANSES) and Citibank are specifically directed to honor the provisions of this order and the February 23 Orders as modified herein. This order may be modified by the Court upon application of any party for good cause shown. (Signed by Judge Thomas P. Griesa on 3/10/2010) (tro)
March 10, 2010 Filing 225 DECLARATION of Rahul Mukhi in Support to Motion to Vacate Ex Parte Writs of Execution and Restraining, Attachment and "Omnibus" Orders. Document filed by The Republic of Argentina. (mro)
March 10, 2010 Filing 224 MEMORANDUM OF LAW in Support to Motion to Vacate Ex Parte Writs of Execution and Restraining, Attachment and "Omnibus" Orders. Document filed by The Republic of Argentina. (mro)
March 8, 2010 Filing 223 Writ of Execution Issued as to Republic of Argentina on 2/23/2010 in the amount of $ 229,654,415. (Signed by Judge Thomas P. Griesa on 2/23/2010) (jpo)
March 8, 2010 Opinion or Order Filing 222 ORDER: A hearing was held in the above-captioned cases on February 23, 2010, at 5:30 p.m. The transcript of this hearing was previously directed by this court to be placed under seal. The Clerk of the Court is now directed to unseal this transcript, which should be made part of the public record. The dockets of the above-captioned cases should be updated accordingly. (Signed by Judge Thomas P. Griesa on 3/3/2010) (jpo)
March 8, 2010 Opinion or Order Filing 221 OMNIBUS ORDER: It is hereby ordered that attorneys for plaintiffs Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., ACP Master, Ltd., and Blue Angel Capital I LLC and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 4.1, in addition to the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal"), to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order pursuant to Fed. R. Civ. P. 64 & 69, 6201, 6202 & 6211 of the New York Civil Practice Law and Rules ("CPLR"), and the Foreign Sovereign Immunities Act, 29 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 the Republic while plaintiffs' application is pending. 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 Clark of the court is extended an additional 60 days. (Signed by Judge Thomas P. Griesa on 2/23/2010) (jpo)
March 8, 2010 Opinion or Order Filing 220 RESTRAINING ORDER: 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 $573,421,289 comprised of the amount of plaintiffs' final judgments plus accrued post-judgment interest, as set forth in this Order. (Signed by Judge Thomas P. Griesa on 2/23/2010) (jpo)
March 8, 2010 Opinion or Order Filing 219 ORDER: It is hereby stipulated and agreed that the Ex Parte Orders, and any subsequently issued orders seeking substantially identical relief, shall not have the effect of attaching, restraining or otherwise encumbering any Originally Restrained Property; For the avoidance of doubt, pursuant to the issuance of the mandate by the Second Circuit in Aurelius II vacating the December 11, 2008 Order and all associated orders, the Ex Parte Orders shall not restrain the transfer of the Originally Restrained Property outside of the United States; No party may rely upon this Order in support of an argument for or against the existence of any right or any argument about the ownership, use or location of the property to which the Ex Parte Orders are directed. (Signed by Judge Thomas P. Griesa on 3/3/2010) (jpo)
March 8, 2010 Transmission to Sealed Records Clerk. Transmitted re: #222 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo)
March 5, 2010 Opinion or Order Filing 218 OPINION: For these reasons, the motion to confirm the process of February 23,2010 is denied, and the motion to vacate such process is granted. In response to the application of plaintiffs, the implementation of the court's ruling is stayed until further order of the court. The purpose is to allow a brief time to consider whether there should be a stay pending appeal, and to consider whether there can be a stay which would allow normal business in the custodial accounts to be carried on. (Signed by Judge Thomas P. Griesa on 3/5/2010) (jpo)
March 5, 2010 Filing 217 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank (Wagner, Karen)
March 3, 2010 Filing 216 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
February 17, 2010 Filing 215 SEALED DOCUMENT placed in vault.(nm)
January 29, 2010 Filing 214 SEALED DOCUMENT placed in vault.(nm)
January 27, 2010 Filing 213 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 19 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-2962-cv.The undersigned counsel for plaintiffs-appellees and Defendants-Appellants the Republic of Argentina (the "Republic") and the Province of Buenos Aires (the "Province") hereby stipulate that the above-captioned appeals (the "Deactivated Appeals") are hereby withdrawn from active consideration from the Court pending the resolution of the following five consolidated appeals: Seijas v. Republic of Argentina, 08-2847-cv, Aurelius Capital Partners LP v. Republic of Argentina, 08-2864-cv, Catto v. Republic of Argentina, 08-2922-cv, Macrotecnic Int`l Corp. v. Republic of Argentina, 08-2926-cv, and Mazzini v. Republic of Argentina, 08-2943-cv (collectively, the "Consolidated Appeals"). The parties agree that the Courts resolution of the Consolidated Appeals shall resolve the deactivated appeals; provided however that the Republic and Province shall have the right to reactivate its appeal within 60 days of the Courts decision in the Consolidated Appeals in the event that plaintiff in the Deactivated Appeals does not have a judgment and the Courts order in the Consolidated Appeals does not determine the applicability here of Grupo Mexicano de Dessarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S 308 (1999). Withdrawal if the Deactivated Appeals from active consideration shall not operate as dismissal of the appeals under Federal Rule of Appellate Procedure 42(b). SO ORDERED: On the understanding that the reactivation contemplated by this stipulation will be accomplished by notice to the Clerk of this Court, and, upon such notice, the Clerk will offer the appeal to the panel adjudicating the Consolidated Appeals, which may either accept the appeal (with or without oral argument) or direct scheduling of the appeal before a subsequent panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/22/2010. (nd)
January 22, 2010 Filing 212 SEALED DOCUMENT placed in vault.(nm)
January 15, 2010 Opinion or Order Filing 211 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 15, 2010 Opinion or Order Filing 210 RESTRAINING ORDER granting 232 Motion for o renew the Aurelius Plaintiffs' Request for Monetary Sanctions against the Republic of Argentina. 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 $572,130,294, comprised of the amount of Plaintiffs' final judgments plus accrued post-judgment interest. IT IS 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 from this Court from directly or indirectly transferring, or ordering, directing, or requesting the transfer of any property on deposit with them or held under their control, such as will satisfy the above- mentioned sum of $ $572,130,294.(Signed by Judge Thomas P. Griesa on 1/15/2010) (tve)
January 13, 2010 Opinion or Order Filing 209 OMNIBUS ORDER. The Aurelius Plaintiffs' attorneys, and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure 4.1, in addition to the U.S. Marshals Services for the SDNY to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order issues on this date pursuant to Fed. R. Civ P. 64 and 69 sections 6201, 6202 and 6211 of the New York Civil Practice Law and Rules and Foreign Sovereign Immunities Act, 28 U.S.C. sections 1601 et seq., thereby levying upon each such garnishee pursuant to CPLR section 6214(a) so as to maintain priority pursuant to CPLR section 5234 in relation to other creditors of Argentina while Plaintiff's application is pending. No Property shall be taken into actual custody by any7 enforcement officer pursuant to the Attachment order pending further order of this Court. Opposing papers, if any, are to be served upon counsel for the Aurelius Plaintiffs, Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, NY, NY (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
January 13, 2010 Opinion or Order Filing 208 WRIT OF EXECUTION. BY ORDER ON WRIT OF EXECUTION issued by the Court dated January 12, 2010, Final Judgment having been entered in the above-captioned action in the Southern District of New York on April 28, 2008 in favor of Plaintiff Blue Angel Capital I LLC and against Defendant The Republic of Argentina ("Argentina"), the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal") is hereby directed to levy upon certain Property (as defined below), in satisfaction of the Final Judgment amount of $229,654,415, plus post-judgment interest from April 28,2008 on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961 (which, as ofJanuary 11, 2010, had accrued in the amount $7,426,701), until the Final Judgment and post-judgment interest are satisfied in full. Upon information and belief, Defendant's last known address is that of its authorized service agent, Banco de la Nacion Argentina, 299 Park Avenue, New York, New York 10171, as appointed in the Fiscal Agency Agreement underlying the Final Judgment. The U.S. Marshal is further directed to defer seizure of any Property from any garnishee located within the jurisdiction of this Court until further order of this Court. Pursuant to N.Y. C.P.L.R. 5230(c), the time for the U.S. Marshal to serve this Writ of Execution and to return said execution to the Clerk of the Court is extended an additional 60 days. Pursuant to N.Y. C.P.L.R. 5232, the levy effected pursuant to service of this Writ of Execution on any garnishee located within the jurisdiction of this Court is extended until 30 days following final resolution of Plaintiffs application with respect to this Writ of Execution, including any related appeals, proceedings on remand, and any subsequent appeals. Pursuant to N.Y. C.P.L.R. 5205(1), $2,500.00 of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in paragraph two of subdivision to N.Y. C.P.L.R. 5205(l), is exempt from execution and that the garnishee cannot levy upon or restrain two thousand five hundred dollars in such an account. Pursuant to N.Y. C.P.L.R. 5222(i), an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in 652 of the labor law as in effect at the time the earnings are payable, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
January 13, 2010 Opinion or Order Filing 207 RESTRAINING ORDER: To: ABN AMRO Bank NV, et al....; Plaintiffs' motion for a restraining order is granted in its entirety and the amount to be secured by this Restraining Order shall be $572,130,294, comprised of the amount of Plaintiffs' final judgments plus accrued post-judgment interest. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
December 23, 2009 Filing 206 SEALED DOCUMENT placed in vault.(nm)
December 7, 2009 Filing 205 TRUE COPY ORDER of USCA as to Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A.; Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5621-cv(L). The Court's December 2, 2009 order granting the Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is hereby vacated. The Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is construed as a motion to recall the mandate and to stay the mandate. So construed, it is granted and the mandate is recalled and stayed for twenty-one (21) days from the date of this order. The stay of the mandate will be terminated automatically twenty-one (21) days from the date of this order. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/4/2009. [ORIGINAL ENTERED IN CASE : 07cv2715, DOC # 265]. (nd)
December 3, 2009 Opinion or Order Filing 204 ORDER of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (221 in 1:03-cv-02507-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-02693-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (55 in 1:05-cv-10382-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (106 in 1:08-cv-06978-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (33 in 1:07-cv-11497-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:07-cv-11495-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:07-cv-11327-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (45 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-10636-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (99 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:05-cv-06002-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (154 in 1:03-cv-08845-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (26 in 1:08-cv-06625-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:05-cv-10383-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (80 in 1:06-cv-00207-TPG) Amended Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-08687-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (29 in 1:08-cv-00440-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (71 in 1:08-cv-06978-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (168 in 1:03-cv-08845-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (23 in 1:07-cv-05807-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (24 in 1:06-cv-07100-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (36 in 1:05-cv-05197-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:07-cv-11497-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:03-cv-08120-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (168 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-06594-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-05807-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (31 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (153 in 1:03-cv-08845-TPG) Amended Notice of Appeal,, filed by Administracion Nacional de Seguridad Social, (120 in 1:08-cv-02541-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (75 in 1:07-cv-11327-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (234 in 1:03-cv-02507-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (108 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (113 in 1:07-cv-02715-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (47 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (81 in 1:06-cv-00207-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:06-cv-14299-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (40 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (38 in 1:05-cv-10383-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-06200-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:04-cv-06137-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-02607-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Republic of Argentina, (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-08195-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (56 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:06-cv-06466-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (44 in 1:04-cv-07056-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (42 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (71 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (32 in 1:04-cv-06137-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:04-cv-03313-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:05-cv-00178-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) N
December 2, 2009 Transmission of USCA Mandate/Order to the District Judge re: #203 USCA Mandate,. (nd)
December 1, 2009 Filing 203 MANDATE of USCA (Certified Copy) as to #59 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., #41 Notice of Appeal filed by The Republic of Argentina, #42 Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #99 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #49 Amended Notice of Appeal filed by The Republic of Argentina, #44 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., #95 Amended Notice of Appeal filed by The Republic of Argentina, #51 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5630, 08-5691, 08-5869-cv. 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)
November 16, 2009 Filing 202 TRUE COPY ORDER of USCA as to 19 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-2962-cv. The undersigned counsel for plaintiffs-appellees and Defendants-Appellants the Republic of Argentina (the "Republic") and the Province of Buenos Aires (the "Province") hereby stipulate that the above-captioned appeals (the "Deactivated Appeals") are hereby withdrawn from active consideration from the Court pending the resolution of the following five consolidated appeals: Seijas v. Republic of Argentina, 08-2847-cv, Aurelius Capital Partners LP v. Republic of Argentina, 08-2864-cv, Catto v. Republic of Argentina, 08-2922-cv, Macrotecnic Int`l Corp. v. Republic of Argentina, 08-2926-cv, and Mazzini v. Republic of Argentina, 08-2943-cv (collectively, the "Consolidated Appeals"). The parties agree that the Courts resolution of the Consolidated Appeals shall resolve the deactivated appeals; provided however that the Republic and Province shall have the right to reactivate its appeal within 60 days of the Courts decision in the Consolidated Appeals in the event that plaintiff in the Deactivated Appeals does not have a judgment and the Courts order in the Consolidated Appeals does not determine the applicability here of Grupo Mexicano de Dessarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S 308 (1999). Withdrawal if the Deactivated Appeals from active consideration shall not operate as dismissal of the appeals under Federal Rule of Appellate Procedure 42(b). SO ORDERED: On the understanding that the reactivation contemplated by this stipulation will be accomplished by notice to the Clerk of this Court, and, upon such notice, the Clerk will offer the appeal to the panel adjudicating the Consolidated Appeals, which may either accept the appeal (with or without oral argument) or direct scheduling of the appeal before a subsequent panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/12/2009. (nd)
October 30, 2009 Filing 200 NOTICE OF APPEARANCE by Andrew W. Goldwater on behalf of Blue Angel Capital I LLC (mro)
October 29, 2009 Opinion or Order Filing 199 ORDER EXTENDING RESTRAINING NOTICES: It is ordered that the Restraining Notices are extended beyond the one year period specified in N.Y. CPLR 5222(b), and shall remain in full force and effect until the final non-appealable conclusion of all appeals to the U.S. Court of Appeals for the Second Circuit (including any petition for rehearing) and the U.S. Supreme Court (including any petition for certiorari) in respect of this Court's December 11, 2008Opinion, as amended, and the orders of this Court dated October 29, 2008 and March 4, 2009 (collectively, the "District Court Rulings"), provided that in the event that this matter is remanded to this Court for further proceedings after the conclusion of all such appeals, until further order of this Court, and further provided that, if and when the U.S. Court of Appeals for the Second Circuit issues a mandate having the effect of vacating the District Court Rulings, then, notwithstanding the foregoing, this order shall not, and is not intended to, provide for an extension of the Restraining Notices beyond such issuance, unless otherwise ordered by the Court of Appeals or other Court having jurisdiction over the matter. So Ordered (Signed by Judge Thomas P. Griesa on 10/29/09) (js)
October 28, 2009 Filing 201 TRANSCRIPT of proceedings held on 10/26/09 before Judge Thomas P. Griesa. *Also filed in associated civil case nos. 07cv2715, 07-cv-11327. (tro)
October 26, 2009 Filing 198 NOTICE OF APPEARANCE by Chad Michael Leicht on behalf of Blue Angel Capital I LLC (mro)
October 26, 2009 Filing 197 NOTICE OF APPEARANCE by Edward A. Friedman on behalf of Blue Angel Capital I LLC (mro)
October 26, 2009 Filing 196 NOTICE OF APPEARANCE by Jessica Axelandra Murzyn on behalf of Blue Angel Capital I LLC (mro)
October 26, 2009 Filing 195 NOTICE OF APPEARANCE by Emily Anne Stubbs on behalf of Blue Angel Capital I LLC (mro)
October 26, 2009 Filing 194 ENDORSED LETTER addressed to Judge Thomas P. Griesa from John R. Menz dated 10/22/09 re: Subject to Your Honor's approval, Plaintiffs and Respondents have agreed, without prejudice to any of the parties' respective rights, that Respondents' time to respond to the Omnibus Motion, as well as the date for reply papers and the return date, are all adjourned without date. The parties intend to confer further concerning the Second Circuit's ruling in Docket No. 08-5621-cv(L), dated October 15, 2009, but at this time the mandate has not issued, and the parties have not reached any further agreement. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/26/09) (db)
September 23, 2009 Filing 193 CERTIFICATE OF SERVICE of Motion to Compel Banco de La Nacion Argentina, Banco Bilbao Vizcaya Argentaria, S.A., BNP Paribas, and Deutsche Bank AG to comply with non-party Subpoenas, Memorandum of Law in Support and Declaration of John R. Menz in Support served on Barry R. Ostrager, Jonathan Blackman, Marco E. Schnabl, Oliver J. Armas, Mark S. Sullivan on 9/23/09. Service was made by electronic mail. Service made via Federal Express overnight delivery on Mark S. Sullivan, Arthur D. Felsenfeld, Matthew J. Merrick, and Philippe Zimmerman. (mro)
September 23, 2009 Filing 192 DECLARATION of John R. Menz in Support re: 190 MOTION to Compel Banco de La Nacion Argentina, Banco Bilbao Vizcaya Argentaria, S.A., BNP Paribas, and Deutsche Bank AG to comply with non-party Subpoenas. Document filed by Blue Angel Capital I LLC. (mro)
September 23, 2009 Filing 191 MEMORANDUM OF LAW in Support re: 190 MOTION to Compel Banco de La Nacion Argentina, Banco Bilbao Vizcaya Argentaria, S.A., BNP Paribas, and Deutsche Bank AG to comply with non-party Subpoenas. Document filed by Blue Angel Capital I LLC. (mro)
September 23, 2009 Filing 190 MOTION to Compel Banco de La Nacion Argentina, Banco Bilbao Vizcaya Argentaria, S.A., BNP Paribas, and Deutsche Bank AG to comply with non-party Subpoenas. Document filed by Blue Angel Capital I LLC.(mro)
September 18, 2009 Opinion or Order Filing 189 ORDER TO EXTEND TIME FOR SERVICE OF WRITS OF EXECUTION PURSUANT TO F.R.C.P. 69 AND NY CPLR 5232(A): It is hereby ordered that the time for service or return of the writs of execution delivered to the U.S. Marshals Service on May 29,2009 for service on Brown Brothers Harriman & Co. and Brown Brothers Harriman & Co., Inc., in the above-captioned cases, is hereby extended until November 23,2009, as set forth herein. (Signed by Judge Thomas P. Griesa on 9/18/2009) (jpo)
September 18, 2009 Set Deadlines/Hearings: Service due by 11/23/2009. (jpo)
August 26, 2009 Filing 188 SEALED DOCUMENT placed in vault.(jri)
August 26, 2009 Filing 187 SEALED DOCUMENT placed in vault.(jri)
July 31, 2009 Filing 186 DECLARATION of Joshua S. Hackman in Support of Plaintiffs' Motion to hold Citibank, N.A. in Contempt of Court for Failure to Comply with the District Court's May 29, 2009 Order, and for Sanctions, costs and Attorneys' Fees. Document filed by Blue Angel Capital I LLC. (djc)
July 31, 2009 Filing 185 REPLY DECLARATION of John R. Menz in Support of Plaintiffs' Motion to Hold Citibank, N. A. in Contempt of Court for Failure to Comply with the District Court's May 29, 2009 Order, and for Sanctions, costs and Attorneys' Fees.Document filed by Blue Angel Capital I LLC, Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. (djc)
July 31, 2009 Filing 184 REPLY MEMORANDUM OF LAW in Further Support of Plaintiffs' Motion to Hold Citibank, N.A. in Contempt of Court For Failure to Comply with the District Court's May 29, 2009 Order, and for Sanctions, Costs and Attorneys' Fees.Document filed by Blue Angel Capital I LLC, NML Capital, Ltd. (djc)
July 31, 2009 Filing 183 SEALED DOCUMENT placed in vault.(jri)
July 30, 2009 Filing 182 SEALED DOCUMENT placed in vault.(dn)
July 24, 2009 Filing 179 MOTION for Extension of Time for return of Writs of Execution pursuant to Fed. R. Civ. P. 69 and N.Y.C.P.L.R. 5230. Document filed by Blue Angel Capital I LLC.(mbe)
July 24, 2009 Filing 178 MANDATE of USCA (Certified Copy) as to #171 Notice of Appeal filed by Citibank USCA Case Number 09-2559-cv and 09-2557-cv. IT IS HEREBY ORDERED that the motion by Appellant Citibank to withdraw appeals 09-2557-cv and 09-2559-cv without prejudice is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 7/22/2009. (nd)
July 24, 2009 Transmission of USCA Mandate/Order to the District Judge re: #178 USCA Mandate,. (nd)
July 23, 2009 Filing 181 MEMORANDUM OF LAW in Opposition re: 172 MOTION to renew the Aurelius Plaintiffs' Request for Monetary Sanctions against the Republic of Argentina.. Document filed by The Republic of Argentina. (mbe)
July 23, 2009 Filing 180 DECLARATION of Carmine D. Boccuzzi in Opposition re: 172 MOTION to renew the Aurelius Plaintiffs' Request for Monetary Sanctions Against the Republic of Argentina. Document filed by The Republic of Argentina. (mbe)
July 13, 2009 Filing 177 DECLARATION of John R. Menz in Support re: 175 NOTICE of Motion to hold Citibank, N.A. in Contempt of Court for Failure to Comply with the District Court's May 29, 2009 order, and for Sanctions, Costs, and Attorneys' Fees. Document filed by Blue Angel Capital I LLC. (mbe)
July 13, 2009 Filing 176 MEMORANDUM OF LAW in Support re: 175 NOTICE of Motion to hold Citibank, N.A. in Contempt of Court for Failure to Comply with the District Court's May 29, 2009 order, and for Sanctions, Costs, and Attorneys' Fees. Document filed by Blue Angel Capital I LLC. (mbe)
July 13, 2009 Filing 175 NOTICE of Motion to hold Citibank, N.A. in Contempt of Court for Failure to Comply with the District Court's May 29, 2009 order, and for Sanctions, Costs, and Attorneys' Fees. Document filed by Blue Angel Capital I LLC. (mbe)
July 13, 2009 Opinion or Order Filing 174 STIPULATION AND ORDER, the Republic shall have until 7/23/09 to serve papers in response to plaintiffs' Motion to Renew the Aurelius Plaintiffs' Request for Monetary Sanctions Against the Republic, dated 7/2/09; Plaintiffs shall have until 7/30/09 to serve reply papers, if any, in further support of the Motion. (Signed by Judge Thomas P. Griesa on 7/10/09) (cd)
July 2, 2009 Filing 173 DECLARATION of Ostrager. Document filed by Blue Angel Capital I LLC. (djc)
July 2, 2009 Filing 172 MOTION to renew the Aurelius Plaintiffs' Request for Monetary Sanctions AGainst the Republic of Argentina. Document filed by Blue Angel Capital I LLC.(djc)
June 15, 2009 Transmission of Notice of Appeal to the District Judge re: #171 Notice of Appeal. (nd)
June 15, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #171 Notice of Appeal. (nd)
June 11, 2009 Filing 171 NOTICE OF APPEAL from #153 Order. Document filed by Citibank, N.A. Filing fee $ 455.00, receipt number E 690696. Copies of Notice of Appeal mailed to attorney(s) of record: Menz Bonner& Komar LLP. (nd)
June 10, 2009 Transmission of Notice of Appeal to the District Judge re: #170 Notice of Appeal,. (nd)
June 10, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #170 Notice of Appeal,. (nd)
June 8, 2009 Filing 170 NOTICE OF APPEAL from #153 Order, #155 Order, #98 Memorandum & Opinion, #133 Order,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. Copies of Notice of Appeal mailed to attorney(s) of record: Simpson Thacher & Bartlett. (nd)
June 8, 2009 Filing 169 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas on 5/21/09. Service was accepted by Rene Bennett (attorney). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 168 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bilbao Vizcaya Argentaria, S.A. on 5/21/09. Service was accepted by Javier Edwards (general counsel). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 167 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bilbao Vizcaya on 5/21/09. Service was accepted by Javier Edwards (general counsel). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 166 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bilbao Vizcaya Argentaria, S.A., New York Branch on 5/21/09. Service was accepted by Javier Edwards (general counsel). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 165 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Wachovia Securities, LLC on 5/20/09. Service was accepted by Maria Rivera (operations). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 164 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Merrill Lynch, Pierce, Fenner & Smith Incorporated on 5/20/09. Service was accepted by Jenny Lee (paralegal). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 163 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG on 5/6/09. Service was accepted by Kris Kwong (legal). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 162 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Trust Company Americas on 5/6/09. Service was accepted by K. Kwong (legal). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 161 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Securities Inc. on 5/6/09. Service was accepted by K. Kwong (legal). Document filed by Blue Angel Capital I LLC. (ldi)
June 8, 2009 Filing 160 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG New York, CEDEAR Depositary on 5/6/09. Service was accepted by K. Kwong (legal). Document filed by Blue Angel Capital I LLC. (ldi)
June 1, 2009 Filing 156 NOTICE OF APPEARANCE by Jonathan Allen Willens on behalf of The Republic of Argentina (Willens, Jonathan)
May 29, 2009 Filing 159 NOTICE of of Extension of time for Return of Writs of Execution Pursuant to FRCP 69 and N.Y. C.P.L.R. section 5230(C). Document filed by Blue Angel Capital I LLC. (djc)
May 29, 2009 Opinion or Order Filing 155 ORDER: Therefore, based upon all of the papers, pleadings, oral argument and all prior proceedings in the above-captioned actions and for the reasons explained by the Court on the record at the May 27, 2009 hearing: IT IS HEREBY ORDERED that the motion by Order to Show Cause of the Aurelius Plaintiffs to hold the Republic in civil contempt and to impose sanctions on the Republic is GRANTED. The Republic is held in civil contempt for its failure to comply with the Court's Opinion dated April 3, 2009, and the Court's Orders dated April 17, 2009 and May 6, 2009. IT IS FURTHER ORDERED that as a sanction for the Republic's contempt of Court, the Court will draw adverse inferences from the Republic's failure to comply with the Court's discovery orders that the Republic undertook the following transactions to remove funds improperly from the United States in violation of the orders of the Court: Between on or about April 10 and April 30, 2009, the Republic, through ANSES, arranged through a third party to liquidate $205,968,645 of Certificados de Deposito Argentino ("CEDEARs") that were subject to the Restraining Notice served on the Republic on October 30, 2008 as authorized by the October 29, 2008 Order of the Court in violation of that Restraining Notice. IT IS FURTHER ORDERED that while the Court has not imposed monetary sanctions at the present time, the Court reserves the possibility of imposing such monetary sanctions against the Republic at a later date. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
May 29, 2009 Opinion or Order Filing 154 NOTICE OF WITHDRAWAL OF COUNSEL: David Elbaum is no longer associated with Simpson Thacher & Barlett LLP and should be removed from the Court's service list with respect to the above-referenced actions. Simpson Thacher & Barlett LLP continues to serve as counsel for Plaintiffs through its attorneys: i) Barry R. Ostranger, ii) Tyler B. Robinson, and iii) Mary Kay Vyskocil and all future correspondence and papers in this action should continued to be directed to them. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
May 29, 2009 Opinion or Order Filing 153 ORDER: On May 22, 2009, plaintiffs moved, by order to show cause, for an order compelling Citibank N.A. to comply with the January 27 subpoena "by searching for and producing all documents or information located outside the U.S., or documents and information relating to accounts located outside the U.S., that are responsive to the subpoena." Plaintiffs also seek an award of costs and fees. Citibank filed a memorandum of law and declaration in opposition to this motion, and a hearing was held on 5/28/09. Plaintiffs' motion is therefore granted in large part; however, their request for costs and fees is denied. Citibank is ordered to immediately comply with the January 27 subpoena in all respects, including by searching for and producing all responsive documents or information at any Citibank branch or affiliate located anywhere inside or outside the U.S., including Argentina, to the extent not already produced. However, to the extent that this order applies to documents and information located and accessible exclusively in Argentina, it is stayed until June 11, 2009, in order to allow Citibank to appeal the order. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
May 28, 2009 Filing 152 NOTICE OF APPEARANCE by Susan Marie Cordaro on behalf of Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd and Blue Angel Capital I LLC (djc)
May 27, 2009 Filing 151 DECLARATION of Carmine D. Bococuzzi. (Vol. II of II) Document filed by The Republic of Argentina. (djc)
May 27, 2009 Filing 150 DECLARATION of Carmine D. Boccuzzi. Document filed by The Republic of Argentina. (Vol. I of II) (djc) Modified on 5/28/2009 (djc).
May 27, 2009 Filing 149 DECLARATION of Fabian G. Dall'O on behalf of the Republic in opposition to plaintiffs' Order to Show Cause for a Finding of Civil contempt and for Sanctions against the Republic of Argentina. Document filed by The Republic of Argentina. (djc)
May 27, 2009 Filing 148 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for a Finding of Civil Contempt land for Sanctions. Document filed by The Republic of Argentina. (djc)
May 27, 2009 Filing 147 SUPPLEMENTAL DECLARATION of Barry R. Ostrager. Document filed by Blue Angel Capital I LLC., Aurelius Capital Partners and Aurelius Capital Master,Ltd.(djc)
May 27, 2009 Filing 146 REPLY MEMORANDUM OF LAW in Further Support re: #144 Order to Show Cause for Finding of Civil Contempt and for Sanctions against the Republic of Argentina. Document filed by Blue Angel Capital I LLC. and Aurtelius Plaintiffs' (djc)
May 26, 2009 Filing 158 DECLARATION of Barry R. Ostrager. (dktd purs to instr. from Chambers) (djc)
May 26, 2009 Filing 157 MEMORANDUM OF LAW in Support of The Aurelius Plaintiffs' Order to Show Cause for a Finding of Civil Contempt and for Sanctions Against the Republic of Argentina. (djc)
May 22, 2009 Filing 145 MEMORANDUM OF LAW in Support of Order to Show Cause to Compel Citibank, N.A. to Comply With Non-Party Subpoena and for costs and Attorneys Fees. Document filed by Blue Angel Capital I LLC. (djc)
May 22, 2009 Opinion or Order Filing 143 ORDER TO SHOW CAUSE filed by Aurelius Capital Partners, LP, NML Capital, Ltd., Aurelius Capital Master, Ltd. Non party Citibank, N.A. shall show cause as to why an order should not be issued compelling Citibank, N.A. to comply immediately with the non party subpoena served on 1/27/09 as further set forth herein, awarding plaintiffs costs and attorneys' fees pursuant to FRCP 45(e) incurred as a result of Citibank, N.A.'s refusal to comply fully with the subpoena. (Signed by Judge Thomas P. Griesa on 5/22/09) (dle)
May 21, 2009 Filing 142 Notice of Extension of Time for Return of Writs of Execution pursuant to Fed. R. Civ. p. 69 and N.Y.C.P.L.R. 5230(c). Document filed by Blue Angel Capital I LLC.(mbe)
May 20, 2009 Opinion or Order Filing 144 ORDER TO SHOW CAUSE filed by Blue Angel Capital I LLC, NML Capital, Ltd., Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. that on the 27th day of May 2009 at 4:00 p.m., why an Order should not be made and entered: (a) Holding the Republic of Argentina ("Republic") in civil contempt of Court for its refusal to comply with the Court's April 3, April 17, and May 6, 2009 Discovery Orders; (b) Imposing a fine of $10,000 per day for each day that the Republic continues to remain in violation of the Court's Discovery Orders, payable to the Aurelius Plaintiffs. It is further Ordered that opposing papers, if any, are to be served upon counsel for Plaintiffs, Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, New York 10017, attention Barry R. Ostrager, Esq., so as to be received by 11:00 a.m. on the 27th day of May, 2009. Additional relief as set forth in this Order. (Signed by Judge Thomas P. Griesa on 5/20/09) (pl)
May 6, 2009 Opinion or Order Filing 133 ORDER, that the Republic of Argentina (which shall for purposes of this Order include, without limitation, ANSES) shall produce on or before May 15, 2000 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 April 24, 2009. The documents to be produced shall include documents which were created, updated, or received by the Republic of Argentina at any time on or after October 29, 2008 ("Relevant Time Period") and concerning any of the subjects that are listed in this Order. IT IS FURTHER ORDERED that the Republic of Argentina (including, without limitation, ANSES) shall make available for deposition on dates to be agreed but no later than May 29, 2009 Sergio Chodos and one or more Rule 30(b)(6) witnesses knowledgeable on the subjects listed in this order. IT IS FURTHER ORDERED that 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 CEDEARs or other assets available to satisfy their judgments. (Signed by Judge Thomas P. Griesa on 5/6/09) (pl)
May 4, 2009 Opinion or Order Filing 130 ORDER TO SHOW CAUSE filed by Blue Angel Capital I LLC. Citibank, N.A. shall show cause as to why an order should not be made and entered compelling Citibank, N.A. to comply immediately with the non-party subpoena served on 1/27/2009 and awarding Plaintiffs' costs and attorneys' fees pursuant to Fed. R. Civ. P. 45(e) incurred as a result of Citibank, N.A.'s unreasonable delay in responding to Subpoena. Show Cause Hearing set for 5/5/2009 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 5/4/2009, 3:00 p.m.) (jar)
April 30, 2009 Filing 141 REPLY MEMORANDUM OF LAW in Support re: 138 Memorandum of Law in Support OF PLAINTIFFS' ORDER TO SHOW CAUSE. Document filed by Blue Angel Capital I LLC. (mbe)
April 30, 2009 Filing 140 OSTRAGER DECLARATION. Document filed by Blue Angel Capital I LLC. (jpo)
April 30, 2009 Filing 139 OSTRAGER SUPPLEMENTAL DECLARATION. Document filed by Blue Angel Capital I LLC. (jpo)
April 30, 2009 Filing 138 MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS' ORDER TO SHOW CAUSE. Document filed by Blue Angel Capital I LLC. (jpo)
April 30, 2009 Filing 136 SUPPLEMENTAL DECLARATION of Ostrager. Document filed by Blue Angel Capital I LLC. (djc)
April 30, 2009 Filing 135 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Order to Show Cause; Document filed by NML Capital, Ltd.. (djc)
April 30, 2009 Filing 127 DECLARATION of Marco E. Schnabl in Support on Interested Non-Party Anses's Response to the Court's April 24, 2009 Order to Show Cause. Document filed by Administracion Nacional de Seguridad Social. (djc)
April 29, 2009 Filing 132 MEMORANDUM OF LAW in Opposition to Plaintiffs' "Motion for a Restraining Order and Expedited DIscovery. Document filed by The Republic of Argentina. (djc)
April 29, 2009 Filing 131 DECLARATION of Marco E. Schnabl in Support of Interested Non-Party Anses's Response to the Court's April 24, 2009 Order to Show Cause. Document filed by Administracion Nacional de Seguridad Social. (djc)
April 29, 2009 Filing 129 MEMORANDUM OF LAW in of Interested non-party Anses in Opposition to Plaintiff's application brought by the April 24, 2009 Order to Show Cause. Document filed by Administracion Nacional de Seguridad Social. (djc)
April 29, 2009 Filing 128 DECLARATION of Sergio Chodos in Opposition to Order to Show Cause Dated April 24, 2009. Document filed by Administracion Nacional de Seguridad Social. (djc)
April 29, 2009 Opinion or Order Filing 118 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 4/28/2009) (jpo)
April 27, 2009 Filing 117 AFFIDAVIT OF SERVICE of Lloyd Colona re: Order to Show Cause (dated 4/24/09), Ostrager Declaration, Memorandum of Law in Support of Plaintiffs' Order to Show Cause served on Clearly Gottlieb Steen & Hamilton, LLP on 4/24/09. Service was accepted by Melissa Durkee. Document filed by Blue Angel Capital I LLC, NML Capital, Ltd. (tro)
April 27, 2009 Opinion or Order Filing 116 ORDER TO SHOW CAUSE Defendant Republic of Argentina shall show cause as to why an order pursuant to FRCP 69 should not be entered against them: (a) Authorizing immediate expedited discovery pursuant to Fed. R. Civ. P. 69 from the Republic of Argentina (the "Republic"), including the Administracion Nacional de Seguridad Social ("ANSES"), to assist Plaintiffs in identifying property subject to the Restraining Notice served on the Republic on October 30, 2008 pursuant to the Court's Order to Show Cause issued in the above-listed actions on October 29, 2008, and the Writs served on the Republic by the U.S. Marshals Service on March 13, 2009 pursuant to order of the Court, that has been removed from the United States and the Court's jurisdiction in contravention of the Court's prior orders and the Restraining Notices issued and Writs delivered pursuant thereto. (b) Directing that the Republic, including ANSES, cease and desist from engaging in any transactions that have the effect of removing from the United States and the Court's jurisdiction property subject to the Restraining Notice served on the Republic on October 30, 2008 pursuant to the Court's October 29, 2008 Order to Show Cause, and the Writs served on the Republic by the U.S. Marshals Service on March 13, 2009 pursuant to order of the Court, so as to evade enforcement of the Court's judgments against the Republic and in violation of the Court's prior orders. Show Cause Hearing set for 4/30/2009 at 04:30 PM before Judge Thomas P. Griesa. Show Cause Response due by 4/29/2009. (Signed by Judge Thomas P. Griesa on 4/27/09) (db) Modified on 4/28/2009 (db).
April 17, 2009 Opinion or Order Filing 119 ORDER: The Republic's understanding is incorrect. The Republic is required to comply with the instructions in the court's April 3 opinion, as stated therein. The court does expect plaintiffs to exercise discretion in requesting further discovery. However, nothing in the court's comments on April 6 was intended to suggest that the Republic need not comply with the April 3 opinion. (Signed by Judge Thomas P. Griesa on 4/17/2009) (rw)
April 9, 2009 Filing 137 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Barclays Capital, Inc. on 3/30/09. Service was accepted by Mr. C. Sethi (Legal). Document filed by Blue Angel Capital I LLC. (ldi)
April 9, 2009 Filing 126 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Barclays Global Investors, N.A. on 3/30/09. Document filed by Blue Angel Capital I LLC. (mro)
April 9, 2009 Filing 125 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on iShares Trust, c/o State Street Bank and Trust Company, N.A. on 3/30/09. Service was accepted by Daniel Kaspox, Assistant Property Manager. Document filed by Blue Angel Capital I LLC. (mro)
April 9, 2009 Filing 106 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Lehman Brothers Trust Company, National Association on 3/27/09. Service was accepted by Ms. Feldman (Legal). Document filed by Blue Angel Capital I LLC. (tro)
April 9, 2009 Filing 105 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Barclays Bank, PLC on 3/30/09. Service was accepted by Mr. C. Sethi (Legal). Document filed by Blue Angel Capital I LLC. (tro)
April 7, 2009 Transmission of Notice of Appeal to the District Judge re: #99 2nd Amended Notice of Appeal,. (nd)
April 7, 2009 Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #99 2nd Amended Notice of Appeal,. (nd)
April 3, 2009 Filing 99 SECOND AMENDED NOTICE OF APPEAL re: #42 Notice of Appeal, #51 Amended Notice of Appeal, #87 Order. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton LLP; Simpson Thacher & Bartlett LLP; Chadbourne & Parke LLP.(nd)
April 3, 2009 Opinion or Order Filing 98 OPINION: The Aurelius plaintiffs' letter request to compel the republic to comply with their discovery requests is granted, as set forth above. The GMO plaintiffs' motion to compel is compel is granted. ANSES's motion to quash is denied. So Ordered. (Signed by Judge Thomas P. Griesa on 4/3/09) (js)
April 2, 2009 Filing 124 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Citigroup Global Markets, Inc on 3/20/09. Service was accepted by L.M. Gill, JD V.D. Document filed by Blue Angel Capital I LLC. (mro)
April 2, 2009 Filing 123 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Bank USA, N.A. on 3/20/09. Service was accepted by Mr. Chiang, C.S.. Document filed by Blue Angel Capital I LLC. (mro)
April 2, 2009 Filing 122 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banc of America Specialist, Inc on 3/19/09. Service was accepted by Ms. F. Connors. Document filed by Blue Angel Capital I LLC. (mro)
April 2, 2009 Filing 121 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BBVA Securities, Inc. on 3/20/09. Service was accepted by Pilar Oteri, Legal Services. Document filed by Blue Angel Capital I LLC. (mro)
April 2, 2009 Filing 120 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BBV A Group on 3/20/09. Service was accepted by Pilar Oteri, Legal Services. Document filed by Blue Angel Capital I LLC. (mro)
April 2, 2009 Filing 104 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banc of America Securities LLC. on 3/20/09. Service was accepted by M.F. Burowski. Document filed by Blue Angel Capital I LLC. (js)
April 2, 2009 Filing 100 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Securities (USA), Inc. on 3/20/09. Service was accepted by Mr. Chiang. Document filed by Blue Angel Capital I LLC. (dle)
April 2, 2009 Opinion or Order Filing 97 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Christopher P. Moore dated 3/25/09 re: Counsel requests that the Court order that the record reflect the changes on the transcript as further listed in this order. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 4/1/09) (mme)
March 31, 2009 Transmission of Notice of Appeal to the District Judge re: #95 2nd Amended Notice of Appeal. (nd)
March 31, 2009 Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #95 2nd Amended Notice of Appeal. (nd)
March 27, 2009 Filing 95 SECOND AMENDED NOTICE OF APPEAL re: #41 Notice of Appeal, #49 Amended Notice of Appeal, #87 Order. Document filed by The Republic of Argentina. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP. (nd)
March 26, 2009 Filing 134 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Standard Bank of South Africa Limited on 3-18-09. Service was accepted by R. Rosenblatt (Compliance Associate). Document filed by Blue Angel Capital I LLC. (ldi)
March 26, 2009 Filing 115 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of New York Mellon on 3/18/09. Service was accepted by 3/18/09. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 114 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard New York, Inc. on 3/13/09. Service was accepted by Ms. R. Rosenblatt. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 113 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Americas, Inc. on 3/13/09. Service was accepted by Ms. R. Rosenblatt. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 112 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Bank on 3/13/09. Service was accepted by Ms. J. Terrero, legal. Document filed by Blue Angel Capital I LLC. (mro)
March 26, 2009 Filing 111 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on United States Trust Company, National Association on 3/12/09. Service was accepted by Ms. M. Arroyo, legal. Document filed by Blue Angel Capital I LLC. (mro)
March 26, 2009 Filing 110 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard New York Securities, Inc. on 3/13/09. Service was accepted by Ms. R. Rosenblatt. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 109 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina, c/o Banco de la Nacion Argentina, authorized agent for service of process on 3/13/09. Service was accepted by Mr. R.H. Barrientos (V.P.). Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 108 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Citibank N.A. on 3/12/09. Service was accepted by Ms. R. Kaidbey. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 107 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina, c/o Banco de la Nacion Argentina, authorized agent for service of process on 3/13/09. Service was accepted by Mr. R.H. Barrientos (V.P.). Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 103 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas Prime brokerage Inc. on 3/18/09. Service was accepted by Ms. Bennette. Document filed by Blue Angel Capital I LLC. (js)
March 26, 2009 Filing 102 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas Securities Corporation on 3/18/09. Service was accepted by Ms. Bennette. Document filed by Blue Angel Capital I LLC. (js)
March 26, 2009 Filing 101 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas, New York Branch on 3/18/09. Service was accepted by Ms. Bennett. Document filed by Blue Angel Capital I LLC. (js)
March 26, 2009 Filing 96 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE, Execution served on Bank of America, N.A. on 3/26/09. Service was accepted by Mark F. Borowski, Legal. Document filed by Blue Angel Capital I LLC. (pl)
March 26, 2009 Filing 94 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Bank New York on 3/18/09. Service was accepted by J. Chiang. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 93 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Holdings, Inc. on 3/18/09. Service was accepted by Ms. P. Pena. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 92 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Trade Services Corporation on 3/18/09. Service was accepted by Ms. P. Pena. Document filed by Blue Angel Capital I LLC. (tro)
March 26, 2009 Filing 91 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco de la Nacion Argentina on 3/12/09. Service was accepted by Arlene Leiva (Crdit Department). Document filed by Blue Angel Capital I LLC. (js)
March 17, 2009 Opinion or Order Filing 90 ORDER: IT IS HEREBY FURTHER ORDERED that the Trust Bonds Writs mistakenly served on the Republic, care of Banco de la Nacion Argentina, shall be returned by the Republic to the U.S. Marshals Service for the Southern District of New York and shall be deemed to have never been served so as to return the parties to the status quo ex ante prior to the mistaken service of those Writs. IT IS HEREBY FURTHER ORDERED that the Trust Bonds Writs shall be deemed to have been delivered to the U.S. Marshals Service as of their date of original delivery, October 17, 2008; IT IS HEREBY FURTHER ORDERED that, once returned, the U.S. Marshals Service shall defer serving the Trust Bonds Writs upon the Republic or any other person until further direction of this Court, pursuant to this Court's October 16, 2008 Order. (Signed by Judge Thomas P. Griesa on 3/17/2009) (jfe)
March 12, 2009 Opinion or Order Filing 89 ORDER: It is directed that the following error in the opinion of December 11, 2008 be corrected. In the last sentence of the first paragraph on page 25, the word "grant" should be changed to "waiver." The Court will issue an Amended Opinion with this correction, bearing the same date, December 11, 2008. So Ordered (Signed by Judge Thomas P. Griesa on 3/12/09) (js)
March 12, 2009 Opinion or Order Filing 88 AMENDED OPINION: The Court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the Court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. So Ordered. (Signed by Judge Thomas P. Griesa on 12/11/08) (js)
March 4, 2009 Opinion or Order Filing 87 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)
March 2, 2009 Filing 86 NOTICE OF CHANGE OF ADDRESS by Patrick D. Bonner, Jr on behalf of Blue Angel Capital I LLC. New Address: Menz Bonner & Komar LLP, 444 Madison Avenue, 39th Floor, New York, New York, United States 10022, (212) 223-2100. (Bonner, Patrick)
February 26, 2009 Filing 85 Interested Non-Party Anses's Reply Memorandum of Law to Aurelius Plaintiffs' Opposition to Anses's Motion to Quash Subpoenas. (djc)
February 26, 2009 Filing 83 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Lauren Aguiar dated 2/24/09 re: Request for a 2-day extension of time to 2/26/09 to respond to Plaintiffs' Opposition to Non-party ANSES's Motion to Quash. ENDORSEMENT: Approved. Set Deadlines/Hearing as to 77 MOTION to Quash. ( Reply due by 2/26/2009.) (Signed by Judge Thomas P. Griesa on 2/25/09) (cd)
February 23, 2009 Filing 84 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)
February 23, 2009 Filing 82 DECLARATION of David Elbaum in Support of the Aurelius Plaintiffs' Opposition to Non-Party Anses's Motion to Quash. (djc)
February 23, 2009 Filing 81 DECLARATION of Patrick D. Bonner, Jr. in Support of the Aurelius Plaintiffs' Opposition to Non-Party Anses's Motion to Quash. Document filed by Blue Angel Capital I LLC., Aurelius Capital Partnerts, LP, Aurelius Capital Master, Ltd (djc)
February 23, 2009 Filing 80 MEMORANDUM OF LAW in Opposition re: 77 MOTION to QuashDocument filed by Aurelius Capital Partnerts, LP, Aurelious Capital Master, Ltd and Blue Angel Capital I LLC (djc)
February 23, 2009 Filing 79 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Barry Ostrager dated 2/23/09 re: Plaintiffs request for oral argument on the priority motions at the Court's earliest convenience. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/23/09) (cd)
February 10, 2009 Filing 78 MEMORANDUM OF LAW in Support re: 77 MOTION to Quash. Document filed by Administracion Nacional de Seguridad Social. (djc)
February 10, 2009 Filing 77 MOTION to Quash Subpoenas. Document filed by Administracion Nacional de Seguridad Social (interested non-party).(djc)
February 10, 2009 Opinion or Order Filing 76 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).
February 4, 2009 Filing 75 DECLARATION of Erin M. Bradrick in Further Support re: 52 MOTION. Document filed by Blue Angel Capital I LLC. Received in night deposit box on 2/4/09 at 6:44 p.m. (db)
February 4, 2009 Filing 74 MEMORANDUM OF LAW in Further Support re: 52 MOTION. Document filed by Blue Angel Capital I LLC. Received in night deposit box on 2/4/09 at 6:44 p.m. (db)
January 30, 2009 BRADRICK DECLARATION of Erin M. Bradrick re: certain information concerning the delivery of Writs of Execution to the U.S. Marshals Service on behalf of the Aurelius Plaintiffs. Document filed by Arauca Bit AFJP S.A., Blue Angel Capital I LLC. (orig. docketed in 07cv2715 as document #89). (pl)
January 29, 2009 Opinion or Order Filing 68 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)
January 29, 2009 Set/Reset Deadlines: ( Replies due by 2/4/2009.) (jfe)
January 26, 2009 DECLARATION of Erin Bradrick. Document filed by Blue Angel Capital I LLC. Original document filed in case #07cv2715, document #88. (dle) Modified on 1/30/2009 (dle).
January 26, 2009 Filing 67 NOTICE OF APPEARANCE by Patrick D. Bonner, Jr on behalf of Blue Angel Capital I LLC (Bonner, Patrick)
January 23, 2009 Filing 71 DECLARATION of Eric C. Kirsch in Opposition to the 12/18/08 motion of Aurelius Capital Partners LP et al for an order confirming priority as to certain Argentine pension assets; and as further set forth in this Declaration. Document filed by NML Capital, Ltd.. (Filed in the night deposit on 1/23/09 at 9:01 p.m.)(ae)
January 23, 2009 Filing 70 DECLARATION of Patrick M. Connors. Document filed by NML Capital, Ltd. (Filed in the night deposit on 1/23/09 at 9:00 p.m.)(ae)
January 23, 2009 Filing 69 MEMORANDUM OF LAW In opposition to the 12/18/08 motion of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., and Blue Angel Capital I LLC for an order confirming priority as to certain Argentine pension assets located in the U.S., and as further set forth in this Memorandum of Law. Document filed by NML Capital, Ltd.. (Filed in the night deposit on 1/23/09 at 9:00 p.m.)(ae)
January 22, 2009 Opinion or Order Filing 65 ORDER The Clerk is directed to docket the letter to the Court from Barry R. Ostrager dated January 9, 2009, and the accompanying Bradrick Declaration. These documents should be docketed in the cases listed in this order. (Signed by Judge Thomas P. Griesa on 1/16/09) (mme)
January 22, 2009 Opinion or Order Filing 64 ORDER The time for the Aurelius plaintiffs to submit a reply memorandum of law in response to GMO Emerging Country Debt L.P.'s Memorandum of law in Opposition to Auerlius' Motion to Confirm Priority is extended until February 2, 2009. (Signed by Judge Thomas P. Griesa on 1/16/09) (mme)
January 16, 2009 Filing 63 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)
January 16, 2009 Filing 62 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)
January 16, 2009 Filing 61 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 (tro)
January 9, 2009 Filing 66 LETTER addressed to Judge Thomas P. Griesa from Barry R. Ostrager dated 1/9/09 re: Counsel writes concerning a Notice of Motion to Confirm Priority. Document filed by Blue Angel Capital I LLC.(mme)
January 9, 2009 Opinion or Order Filing 60 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 1/7/2009 re: Counsel request an extension until January 23, 2009 to submit NML's oppositions to (l) the motion to confirm priority filed on December 18, 2008 in Aurelius Capital Partners, LP v. Republic of Argentina, Nos. 07 Civ. 2715 (TPO), 07 Civ. 11327 (TPG), and Blue Angel Capital LLC v. Republic of Argentina, No. 07 Civ. 2693 (TPG) (the "Aurelius Priority Motion," and the moving parties the "Aurelius Plaintiffs"); and (2) the Aurelius Plaintiffs' related cross-motion to vacate or modify attachment order filed on January 6, 2009 in the above-captioned actions (the "Aurelius Vacatur Motion"). ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/8/2009) (jfe)
January 9, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #59 Amended Notice of Appeal. (tp)
January 9, 2009 Transmission of Notice of Appeal to the District Judge re: #59 Amended Notice of Appeal. (tp)
January 8, 2009 Filing 59 AMENDED NOTICE OF APPEAL re: #44 Notice of Appeal, #55 Memorandum & Opinion, 26 Order to Show Cause. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlet LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp)
January 8, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney David Dunn to MANUALLY RE-FILE Document Memorandum of Law in Opposition, Document No. 57. This case is not ECF. (jar)
January 8, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney David Dunn to MANUALLY RE-FILE Document Declaration in Opposition, Document No. 58. This case is not ECF. (jar)
January 8, 2009 Filing 58 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of David Dunn in Opposition re: 52 MOTION tt.. 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) Modified on 1/9/2009 (jar).
January 8, 2009 Filing 57 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Opposition re: 52 MOTION tt. 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) Modified on 1/9/2009 (jar).
January 6, 2009 DECLARATION of Marco E. Schnabl Attaching Previously Submitted Materials. Document filed by Administracion Nacional de Seguridad Social. (Orig. doc. filed in case no. 07 cv 2715, as doc. 74)(ae)
January 6, 2009 Filing 56 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 12/30/08 re: On behalf of Plaintiff NML Capital, Ltd. request an extension until 1/19/09 to submit NML's opposition to the Motion to Confirm Priority filed on 12/18/08 in Aurelius Capital Partners, LP v. Republic of Argentina, No. 07 Civ. 2715 (TPG), 07 Civ. 11327 (TPG), and Blue Angel Capital, LLC v. Republic of Argentina, No. 07 Civ. 2693 (TPG). Without this extension, NML's brief in opposition to the Aurelius Priority Motion would be due on 1/7/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/6/09) (tro)
December 22, 2008 Filing 54 DECLARATION of Barry R. Ostranger in Support re: 52 MOTION tt.. Document filed by Blue Angel Capital I LLC. (pl)
December 22, 2008 Filing 53 MEMORANDUM OF LAW in Support re: 52 motion for an order pursuant to 28 U.S.C. section 1610(c) and Section 5234(b) to Confirm Priority over Argentine pension assets in the United States used for commercial activity, which this Court determined in an Opinion dated 12/11/08 are available for attachment or execution under the Foreign Sovereign Immunities Act. Document filed by Blue Angel Capital I LLC. (pl)
December 22, 2008 Filing 52 MOTION for an order pursuant to 28 U.S.C. section 1610(c) and Section 5234(b) to Confirm Priority over Argentine pension assets in the United States used for commercial activity, which this Court determined in an Opinion dated 12/11/08 are available for attachment or execution under the Foreign Sovereign Immunities Act. Document filed by Blue Angel Capital I LLC.(pl)
December 22, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #51 Amended Notice of Appeal. (tp)
December 22, 2008 Transmission of Notice of Appeal to the District Judge re: #51 Amended Notice of Appeal. (tp)
December 18, 2008 Filing 51 AMENDED NOTICE OF APPEAL re: #42 Notice of Appeal, 26 Order to Show Cause, #48 Order as further set forth herein. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton LLP; Simpson Thacher & Bartlett LLP; Chadbourne & Parke LLP; and Paul Weiss Rifkind Wharton & Garrison LLP. (tp)
December 17, 2008 Transmission of Amended Notice of Appeal to the District Judge re: #49 Amended Notice of Appeal. (nd)
December 17, 2008 Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #49 Amended Notice of Appeal. (nd)
December 16, 2008 Filing 49 AMENDED NOTICE OF APPEAL re: #41 Notice of Appeal, #48 Order. Document filed by The Republic of Argentina. Copies of Notice of Appeal mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP.(nd)
December 12, 2008 Filing 50 DECLARATION of Rahul Mukhi. Document filed by The Republic of Argentina. (djc)
December 11, 2008 Opinion or Order Filing 55 OPINION # 96854. The court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. (Signed by Judge Thomas P. Griesa on 12/11/08) (mme)
December 11, 2008 Opinion or Order Filing 48 ORDER: The Clerk of the Court is directed to make entries on the dockets of the cases listed in the Annex to this order that indicate that the following documents, which were filed in the above-captioned cases, also apply to the cases listed in the Annex: The documents filed as entry nos. 49, 50, 51, 52, 53, 58, 60, and 63 on the docket of case 07-cv-2715; and The documents filed as entry nos. 47, 49, 50, and 51 on the docket of case 07-cv-11327; and The court's opinion dated December 11, 2008, which has been filed under case 07-cv-2715. (Signed by Judge Thomas P. Griesa on 12/11/2008) (kkc)
December 11, 2008 Appeal Record Sent to USCA (File). Indexed record on Appeal Files for #42 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5630, were transmitted to the U.S. Court of Appeals. (Total of 2 volumes of records delivered to V. Mathias of USCA on 12/11/2008) (nd)
December 8, 2008 Filing 47 TRANSCRIPT of proceedings held on 11/25/08 before Judge Thomas P. Griesa. (ama)
December 8, 2008 Filing 46 TRANSCRIPT of proceedings held on 11/14/08 before Judge Thomas P. Griesa. (ama)
December 3, 2008 Filing 45 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #41 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-5630, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp).
November 26, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #44 Notice of Appeal,,. (nd)
November 26, 2008 Transmission of Notice of Appeal to the District Judge re: #44 Notice of Appeal. (nd)
November 25, 2008 Filing 43 TRANSCRIPT of proceedings held on 11/14/08 before Judge Thomas P. Griesa. (ama)
November 24, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #42 Notice of Appeal,. (nd)
November 24, 2008 Transmission of Notice of Appeal to the District Judge re: #42 Notice of Appeal,. (nd)
November 21, 2008 Filing 44 NOTICE OF APPEAL from 26 Order to Show Cause. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. Filing fee $ 455.00, receipt number E 670578. Copies of Notice of Appeal mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden, Arps, Slate, Meagher & Flom LLP. (nd)
November 21, 2008 Filing 42 NOTICE OF APPEAL from 26 Order to Show Cause,,. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 670511. Copies of Notice of Appeal mailed to attorney(s) of records: Cleary Gottlieb Steen & Hamilton, LLP; Simpson Thacher & Bartlett LLP.; Paul Weiss Rifkind Wharton & Garrison LLP, (nd)
November 20, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #41 Notice of Appeal. (tp)
November 20, 2008 Transmission of Notice of Appeal to the District Judge re: #41 Notice of Appeal. (tp)
November 19, 2008 Filing 41 NOTICE OF APPEAL from 26 Order to Show Cause. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 669197. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP. (tp)
November 13, 2008 Filing 40 Supplemental DECLARATION of Ostrager. (document filed bu Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. (djc)
November 13, 2008 Filing 39 REPLY MEMORANDUM OF LAW in Further Support of Plaintiffs' Order to Show Cause; document filed by Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd.. (djc)
November 13, 2008 Filing 38 MOTION to Vacate Restraining Orders and Writs of Execution. Attached is Declaration of A. Cosentino. Document filed by The Republic of Argentina.(djc)
November 12, 2008 Filing 37 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by David Elbaum on behalf of Blue Angel Capital I LLC (Elbaum, David) Modified on 11/12/2008 (jar).
November 12, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney David Elbaum to MANUALLY RE-FILE Document Notice of Appearance, Document No. 37. This case is not ECF. (jar)
November 11, 2008 Filing 36 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Maria Teresa Martin Yanez in Opposition to Plaintiffs' Motions to Restrain and Attach Funds in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 35 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Oliver J. Armas In Opposition to Plaintiffs' Motion to Restrain and Attach Funds in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Errata 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 34 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Adrian Federico Alfonso in Opposition to Plaintiffs' Motion to Restrain and Attach Funds in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. (Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 33 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Martin Galli In Opposition to Plaintiffs' Motion to Restrain and Attach Funds in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. (Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 32 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Sebastian Palla in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. (Attachments: #1 Exhibit A)(Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 31 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying BBVA Banco Frances S.A., Banco Bilbao Vizacaya S.A. as Corporate Parent. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones.(Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 30 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - REPLY MEMORANDUM OF LAW in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). Memorandum of Law of Third Party Fund Managers in Opposition to Plaintiffs' Motion to Restrain and Attach Funds. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. (Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 29 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Robert Edward Grossman on behalf of Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones (Grossman, Robert) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 28 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Oliver J. Armas on behalf of Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones (Armas, Oliver) Modified on 11/12/2008 (jar).
November 11, 2008 Filing 27 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Thomas Joseph Hall on behalf of 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., Unidos S.A. AFJP (Hall, Thomas) Modified on 11/12/2008 (jar).
November 5, 2008 TRANSCRIPT of proceedings held on 10/29/08 before Judge Thomas P. Griesa. Original filed in case no. 07cv2715 doc. no. 71. (tro)
October 30, 2008 Filing 73 MEMORANDUM OF LAW in Support of Plaintiffs' Order to Show Cause. Document filed by Blue Angel Capital I LLC. (ae)
October 30, 2008 Filing 72 DECLARATION of Barry R. Ostrager in Support Plaintiffs' Order to Show Cause. Document filed by Blue Angel Capital I LLC. (ae) Modified on 2/4/2009 (ae).
October 30, 2008 Opinion or Order Filing 26 ORDER TO SHOW CAUSE: It is hereby ordered that the defendant shall Show Cause on 11/6/2008 at 04:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa, why an Order should not be made and entered authorizing the U.S. Marshals Service to serve Writs of Execution, pursuant to F.R.C.P. 64 and 69, N.Y. CPLR 5232, 5225, 5227 and 28 U.S.C. 1610(c), and authorizing the issuance of Restraining Notices, pursuant to N.Y. CPLR 5222, 28 U.S.C. 1610(c) and F.R.C.P. 69(a), and authorizing expedited discovery pursuant to F.R.C.P. 69. (Signed by Judge Thomas P. Griesa on 10/29/2008) (jpo)
October 30, 2008 Writ of Execution Issued as to Republic of Argentina on 10/30/08 # 08,0693 in the amount of $ 229,654,415.00. (Signed by J. Michael McMahon, Clerk on 10/30/08). (dt)
October 17, 2008 Writ of Execution Issued as to The Republic of Argentina on 10/17/08 # 08,0693 in the amount of $ 229,654,415.00. (Signed by J. Michael McMahon, Clerk on 10/17/08). (dt)
October 16, 2008 Opinion or Order Filing 25 ORDER: that plaintiffs' pending Application is deemed re-styled in part to include a motion for a delivery or turnover order pursuant to CPLR 5225(a). Plaintiffs are hereby authorized pursuant to 28 U;S.C. 1610(c) to deliver writs of execution in the form attached hereto as Exhibits A, B, C, D and E (the "New Writs") to the U.S. Marshals Service so as to maintain priority pursuant to New York CPLR 5232(a) and 5234(b).Pursuant to CPLR 5232(a), plaintiffs' priority is hereby extended as necessary beyond 90 days until such time as this Court decides plaintiffs' pending Application and that this Order shall not constitute a decision on the merits of the Application or in any way prejudice the Republic's opposition to the Application.The New Writs shall supersede in all respects the Old Writs and that the Old Writs are hereby deemed void.The Marshal shall defer serving the New Writs upon the Republic or any other person until further direction of this Court. (Signed by Judge Thomas P. Griesa on 10/16/2008) (tve)
October 3, 2008 Filing 24 MEMORANDUM OF LAW in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by The Republic of Argentina. (Attachments: #1 Proposed Order)(Boccuzzi, Carmine)
October 3, 2008 Filing 23 DECLARATION of Rahul Mukhi, dated October 3, 2008 in Opposition re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 15, 2008 Filing 22 DECLARATION of Barry R. Ostrager in Support re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-D, #2 Exhibit E-H)(Ostrager, Barry)
September 15, 2008 Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Blue Angel Capital I LLC. (Ostrager, Barry)
September 15, 2008 Filing 20 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). Document filed by Blue Angel Capital I LLC. Return Date set for 10/6/2008 at 09:30 AM.(Ostrager, Barry)
September 11, 2008 Writ of Execution Issued as to The Republic of Argentina on 9/11/08 # 08,0693 in the amount of $ 229,654,415.00. (Signed by J. Michael McMahon, clerk on 9/11/08) (ml)
June 11, 2008 Transmission of Notice of Appeal to the District Judge re: 19 Notice of Appeal. (nd)
June 11, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 19 Notice of Appeal. (nd)
June 6, 2008 Filing 19 NOTICE OF APPEAL from #14 Order to Show Cause,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 653408. Copies of the Notice of Appeal mailed to attorney(s) of record: Simpson Thatcher & Barlett LLP. (nd)
April 28, 2008 Filing 17 AFFIDAVIT OF PERSONAL SERVICE of order to show cause and supporting documents served on Kathryn Plemich on 4/25/08. Service was accepted by Kathryn Plemich, Managing Attorney. Document filed by Blue Angel Capital I LLC. (dle)
April 28, 2008 Filing 16 AFFIDAVIT OF PERSONAL SERVICE of order to show cause and supporting documents served on Jonathan Blackman on 4/25/08. Service was accepted by Sue Chung. Document filed by Blue Angel Capital I LLC. (dle)
April 28, 2008 Opinion or Order Filing 14 ORDER TO SHOW CAUSE, filed by Blue Angel Capital I LLC. Defendant shall show cause as to why an order should not be made and entered attaching with respect to the Trust Bonds, and as further set forth in this document. Show Cause Hearing set for 4/30/2008 at 10:30 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 4/25/08) (cd)
April 25, 2008 Filing 18 NOTICE OF APPEARANCE by Tyler Brooks Robinson, Mary Kay Vyskocil, Barry Robert Ostrager on behalf of Blue Angel Capital I LLC (dle)
April 25, 2008 Filing 15 JUDGMENT # 08,0693 in favor of Blue Angel Capital I LLC against The Republic of Argentina in the amount of $ 229,654,415.00. (Signed by Judge Thomas P. Griesa on 4/25/08) (Attachments: #1 notice of right to appeal)(ml)
April 7, 2008 Opinion or Order Filing 13 ORDER granting 7 Motion for Summary Judgment. Blue Angel Capital's motion for summary judgment is therefore granted, and Blue Angel Capital is awarded damages in the amount of $119,359,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law and the contract documents. The following tables set forth identifying information concerning the interests in the debt securities that are beneficially owned by Blue Angel Capital and that are the subject of this action. The parties shall consult with one another concerning the form of judgment and the amounts of interest that should be awarded in the judgment. If the parties are able to reach agreement on those subjects, they shall jointly submit an agreed proposed judgment to the Court to be entered on a date agreed to by the parties upon consultation with Chambers. If the parties are unable to reach agreement, Blue Angel Capital shall submit a proposed judgment to the Court, and the Republic shall submit any objections to the proposed judgment within five business days thereafter. The Court will then resolve any remaining disagreements.Unless otherwise subsequently directed by the Court, any proposed judgments submitted to the Court should include the following language: "It is further ORDERED that, until further notice from the Court, Blue Angel Capital must refrain from selling or otherwise transferring its beneficial interest in the bonds involved in this action without advising the Court in advance and obtaining permission of the Court. (Signed by Judge Thomas P. Griesa on 4/4/08) (tro)
September 5, 2007 Filing 11 PLAINTIFF'S LOCAL CIVIL RULE 56.1 STATEMENT OF MATERIAL FACTS as to which there is no genuine issue to be tried. Document filed by Blue Angel Capital I LLC. [Received on 9/5/2007 at 5:12 p.m.] (jar)
September 5, 2007 Filing 10 DECLARATION of Michael J. Leffell in Support re: 7 MOTION for Summary Judgment pursuant to Rule 56 of the FRCP granting summary judgment in favor of Blue Angel Capital I LLC and against dft the Republic of Argentina on the Complt in its entirety, and awarding Blue Angel Capital I LLC damages in the amount of $119,359,000, together with all accrued and unpaid interest, including capitalized interest, and prejudgment interest. [Received in night deposit box on 9/5/2007 at 5:13 p.m.] Document filed by Blue Angel Capital I LLC. (jar)
September 5, 2007 Filing 9 DECLARATION of Walter Rieman in Support re: 7 MOTION for Summary Judgment pursuant to Rule 56 of the FRCP granting summary judgment in favor of Blue Angel Capital I LLC and against dft the Republic of Argentina on the Complt in its entirety, and awarding Blue Angel Capital I LLC damages in the amount of $119,359,000, together with all accrued and unpaid interest, including capitalized interest, and prejudgment interest. [Received on 9/5/2007 at 4:59 p.m.] Document filed by Blue Angel Capital I LLC. (jar)
September 5, 2007 Filing 8 MEMORANDUM OF LAW in Support re: 7 MOTION for Summary Judgment pursuant to Rule 56 of the FRCP granting summary judgment in favor of Blue Angel Capital I LLC and against dft the Republic of Argentina on the Complt in its entirety, and awarding Blue Angel Capital I LLC damages in the amount of $119,359,000, together with all accrued and unpaid interest, including capitalized interest, and prejudgment interest. Document filed by Blue Angel Capital I LLC. [Received in the night deposit box on 9/5/2007 at 5:12pm.](jar)
September 5, 2007 Filing 7 MOTION for Summary Judgment pursuant to Rule 56 of the FRCP granting summary judgment in favor of Blue Angel Capital I LLC and against dft the Republic of Argentina on the Complt in its entirety, and awarding Blue Angel Capital I LLC damages in the amount of $119,359,000, together with all accrued and unpaid interest, including capitalized interest, and prejudgment interest. Document filed by Blue Angel Capital I LLC. [Received in the night deposit box on 9/5/2007 at 4:59 pm.] (jar)
June 15, 2007 Opinion or Order Filing 6 STIPULATED PROTECTIVE ORDER. Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Thomas P. Griesa on 6/13/2007) (jpo)
June 4, 2007 Filing 5 ANSWER to Complaint. Document filed by The Republic of Argentina.(jpo)
April 10, 2007 Filing 4 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (jeh)
April 10, 2007 Magistrate Judge Gabriel W. Gorenstein is so designated. (jeh)
April 10, 2007 CASE ACCEPTED AS RELATED. Create association to 1:05-cv-04239-TPG. Notice of Assignment to follow. (jeh)
April 3, 2007 Filing 3 AFFIDAVIT OF SERVICE. The Republic of Argentina served on 4/2/2007, answer due 4/23/2007. Service was accepted by Roberto Barrientos. Document filed by Blue Angel Capital I LLC. (cd)
April 2, 2007 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Angel Capital I LLC.(jpo)
April 2, 2007 Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 610570)Document filed by Blue Angel Capital I LLC.(jpo)
April 2, 2007 SUMMONS ISSUED as to The Republic of Argentina. (jpo)
April 2, 2007 CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 05cv4239. (jpo)

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Search for this case: Blue Angel Capital I LLC v. The Republic of Argentina
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Petitioner: Citigroup Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
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Petitioner: Citicorp North America Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
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Petitioner: Citicorp USA Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
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Petitioner: Barclays Capital Inc.
Represented By: Lance Robert Croffoot-Suede
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Petitioner: Citibank, N.A.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Benedict John Schweigert
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
Represented By: Edmund Polubinski, III
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Petitioner: Barclays Bank PLC
Represented By: Lance Robert Croffoot-Suede
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Petitioner: Citigroup Global Markets Inc.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
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Receiver: Bart M. Schwartz
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Interested party: Banco De La Nacion Argentina
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Interested party: Profesion+Auge AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: GMO Emerging Country Debt Investment Fund PLC
Represented By: David Dunn
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Interested party: Banco Central de la Republica Argentina
Represented By: Joseph Emanuel Neuhaus
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Interested party: Origenes AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: Union de Administradoras de Fondos De Jubilaciones Y Pensiones
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: Met AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: Futura AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: Unidos S.A. AFJP
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: GMO Emerging Country Debt LP
Represented By: David Dunn
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Interested party: Consolidar AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: Maxima AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Interested party: GMO Emerging Country Debt Fund
Represented By: David Dunn
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Interested party: Arauca Bit AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Thomas Joseph Hall
Represented By: Oliver J. Armas
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Plaintiff: NML Capital, Ltd.
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Plaintiff: Blue Angel Capital I LLC
Represented By: Susan Marie Cordaro
Represented By: Tyler Brooks Robinson
Represented By: Eric Justin Finkelstein
Represented By: Mary Kay Vyskocil
Represented By: Emily Anne Stubbs
Represented By: Walter Rieman
Represented By: Kimberly Ann Hamm
Represented By: Jessica Axelandra Murzyn
Represented By: David Elbaum
Represented By: Daniel Benjamin Rapport
Represented By: Andrew W. Goldwater
Represented By: Chad Michael Leicht
Represented By: Barry Robert Ostrager
Represented By: Edward A. Friedman
Represented By: Patrick D. Bonner, Jr
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Appellant: Citibank
Represented By: Karen E Wagner
Represented By: Sharon L. Schneier
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Appellant: Administracion Nacional de Seguridad Social
Represented By: Lauren Emily Aguiar
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Defendant: The Republic of Argentina
Represented By: Jonathan Allen Willens
Represented By: Jonathan I. Blackman
Represented By: Carmine D. Boccuzzi, Jr
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