Aurelius Capital Partners LP et al v. The Republic of Argentina Featured Case
Plaintiff: Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. and Blue Angel Capital I LLC
Defendant: The Republic of Argentina
Petitioner: Citigroup Inc., Banc of America Securities LLC, Merrill, Lynch, Pierce, Fenner & Smith Incorporated, Citicorp North America Inc., Citicorp USA Inc., Barclays Capital Inc., Bank Of America Corporation, Barclays Bank PLC, Citigroup Global Markets Inc. and Merrill Lynch & Co, Inc
Respondent: Bank of America, N.A.
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, Nacion AFJP S.A., NML CAPITAL LTD.,, 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, Arauca Bit AFJP S.A. and Previsol AFJP S.A.
Appellant: Citibank, N.A. and Administracion Nacional de Seguridad Social
Alternative Dispute Resolution (Adr) Provider: NML CAPITAL, LTD.,
Case Number: 1:2007cv11327
Filed: December 17, 2007
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 7, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2017 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (ma)
April 28, 2016 Opinion or Order Filing 604 ORDER OF SATISFACTION re: #20 Judgment, In favor of Aurelius Capital Master, Ltd. Against The Republic of Argentina, In favor of Aurelius Capital Partners LP Against The Republic of Argentina, In favor of Blue Angel Capital I LLC Against The Republic of Argentina in the amount of $128,540,595.00. WHEREAS, in accordance with the Settlement Agreement, plaintiffs received the Settlement Amount; WHEREAS, plaintiffs' Final Judgment Amount has been fully satisfied by the Republic's payment to plaintiff; NOW, THEREFORE, full satisfaction of plaintiffs' 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 603 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 602 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)
November 4, 2015 Opinion or Order Filing 601 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 Opinion or Order Filing 600 REPLY MEMORANDUM OF LAW in Support re: #594 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Friedman, Edward)
October 30, 2015 Opinion or Order Filing 599 MEMORANDUM OF LAW in Opposition re: #594 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
October 30, 2015 Opinion or Order Filing 598 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #594 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 597 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 Opinion or Order Filing 596 DECLARATION of Collin F. Hessney in Support re: #594 MOTION For an Order Deeming That Argentina has Waived its Privileges .. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Exhibit A-M)(Friedman, Edward)
October 16, 2015 Opinion or Order Filing 595 MEMORANDUM OF LAW in Support re: #594 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Friedman, Edward)
October 16, 2015 Opinion or Order Filing 594 MOTION For an Order Deeming That Argentina has Waived its Privileges . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Friedman, Edward)
September 10, 2015 Opinion or Order Filing 593 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 592 ORDER terminating #581 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 Opinion or Order Filing 591 DECLARATION of Marc G. Farris in Support re: #581 MOTION for Sanctions .. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Exhibit A)(Rapport, Daniel)
July 31, 2015 Opinion or Order Filing 590 REPLY MEMORANDUM OF LAW in Support re: #581 MOTION for Sanctions . . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
July 30, 2015 Opinion or Order Filing 589 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 Opinion or Order Filing 588 MEMORANDUM OF LAW in Opposition re: #581 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
July 17, 2015 Opinion or Order Filing 587 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #581 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 Opinion or Order Filing 586 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 Opinion or Order Filing 585 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 Opinion or Order Filing 584 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 Opinion or Order Filing 583 DECLARATION of Eric J. Finkelstein in Support re: #581 MOTION for Sanctions .. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (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 Opinion or Order Filing 582 MEMORANDUM OF LAW in Support re: #581 MOTION for Sanctions . . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
June 17, 2015 Opinion or Order Filing 581 MOTION for Sanctions . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.(Rapport, Daniel)
January 29, 2015 Opinion or Order Filing 580 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 Opinion or Order Filing 579 MANDATE of USCA (Certified Copy) as to #559 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 13-4125. 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 Opinion or Order Filing 578 NOTICE of Withdrawal of Appearance of Kimberly Hamm. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Hamm, Kimberly)
September 19, 2014 Opinion or Order Filing 577 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 576 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 575 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 Opinion or Order Filing 574 NOTICE OF CHANGE OF ADDRESS by Eric Justin Finkelstein on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 Opinion or Order Filing 573 ORDER granting #561 Motion to Stay ; granting #566 Motion for Joinder; granting #567 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).
April 17, 2014 Opinion or Order Filing 572 REPLY MEMORANDUM OF LAW in Support re: #561 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 Opinion or Order Filing 571 MEMORANDUM OF LAW in Opposition re: #561 MOTION to Stay., #566 MOTION for Joinder to the Citi Entities' Motion for a Stay., #567 MOTION for Joinder to the Citi Entities' Motion for a stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
April 10, 2014 Opinion or Order Filing 570 MEMORANDUM OF LAW in Opposition re: #561 MOTION to Stay. (corrected). Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
April 7, 2014 Opinion or Order Filing 569 DECLARATION of Eric J. Finkelstein in Opposition re: #561 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (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 Opinion or Order Filing 568 MEMORANDUM OF LAW in Opposition re: #561 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
April 7, 2014 Opinion or Order Filing 567 MOTION for Joinder to the Citi Entities' Motion for a stay. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated.(Glickman, Barry)
April 4, 2014 Opinion or Order Filing 566 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 Opinion or Order Filing 565 NOTICE OF APPEARANCE by Eric Justin Finkelstein on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Finkelstein, Eric)
March 20, 2014 Opinion or Order Filing 564 DECLARATION of Lindsey T. Knapp in Support re: #561 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 Opinion or Order Filing 563 DECLARATION of Rebecca J. Nelson in Support re: #561 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 Opinion or Order Filing 562 MEMORANDUM OF LAW in Support re: #561 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 Opinion or Order Filing 561 MOTION to Stay. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Wagner, Karen)
December 12, 2013 Opinion or Order Filing 560 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #559 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 13-4125, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp).
October 25, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #559 Notice of Appeal. (tp)
October 24, 2013 Opinion or Order Filing 559 NOTICE OF APPEAL from #558 Order on Motion to Compel, Order on Motion to Quash,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010413. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan)
September 25, 2013 Opinion or Order Filing 558 ORDER: granting #512 Motion to Compel; denying #522 Motion to Quash; denying #527 Motion to Quash; denying #534 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 Opinion or Order Filing 557 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 Banc of America Securities LLC, Banco De La Nacion Argentina, Bank Of America Corporation, Barclays Bank PLC, Barclays Capital Inc., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (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 Opinion or Order Filing 556 LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated September 24, 2013 Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rapport, Daniel)
August 20, 2013 Opinion or Order Filing 555 NOTICE OF CHANGE OF ADDRESS by Barry Jay Glickman on behalf of Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated. New Address: Zeichner Ellman & Krause LLP, 1211 Avenue of the Americas, New York, New York, U.S.A. 10036, 212-223-0400. (Glickman, Barry)
July 17, 2013 Opinion or Order Filing 554 DECLARATION of Emily A. Stubbs in Support re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rapport, Daniel)
July 17, 2013 Opinion or Order Filing 553 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
June 21, 2013 Opinion or Order Filing 552 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 21, 2013 Opinion or Order Filing 551 DECLARATION of Carmine D. Boccuzzi, with Exhibits A through E, dated June 21, 2013 in Opposition re: #512 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 Opinion or Order Filing 550 REPLY MEMORANDUM OF LAW in Support re: #522 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 Opinion or Order Filing 549 DECLARATION of Lance Croffoot-Suede in Support re: #527 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 Opinion or Order Filing 548 REPLY MEMORANDUM OF LAW in Support re: #527 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)
June 21, 2013 Opinion or Order Filing 547 DECLARATION of Barry J. Glickman in Support re: #534 CROSS MOTION to Quash Plaintiff's Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry)
June 21, 2013 Opinion or Order Filing 546 REPLY MEMORANDUM OF LAW in Support re: #534 CROSS MOTION to Quash Plaintiff's Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry)
May 27, 2013 Opinion or Order Filing 545 DECLARATION of Daniel B. Rapport in Support re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K)(Rapport, Daniel)
May 27, 2013 Opinion or Order Filing 544 REPLY MEMORANDUM OF LAW in Support re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
May 3, 2013 Opinion or Order Filing 543 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 542 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 541 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 540 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) (ago)
February 25, 2013 Opinion or Order Filing 539 NOTICE of Withdrawal of Appearance of Susan M. Cordaro. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Hamm, Kimberly)
January 25, 2013 Opinion or Order Filing 538 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 537 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)
December 3, 2012 Opinion or Order Filing 536 DECLARATION of Barry. J. Glickman in Support re: #534 CROSS MOTION to Quash Plaintiff's Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exh. A, #2 Exh. B, #3 Exh. C)(Glickman, Barry)
December 3, 2012 Opinion or Order Filing 535 MEMORANDUM OF LAW in Support re: #534 CROSS MOTION to Quash Plaintiff's Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry)
December 3, 2012 Opinion or Order Filing 534 CROSS MOTION to Quash Plaintiff's Subpoenas. Document filed by Bank Of America Corporation, Banc of America Securities LLC, Merrill Lynch & Co, Inc, Merrill, Lynch, Pierce, Fenner & Smith Incorporated.(Glickman, Barry)
November 27, 2012 Opinion or Order Filing 533 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 Opinion or Order Filing 532 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 Opinion or Order Filing 531 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 Opinion or Order Filing 530 MEMORANDUM OF LAW in Support re: #527 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 Opinion or Order Filing 529 DECLARATION of Lance Croffoot-Suede in Support re: #527 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 Opinion or Order Filing 528 DECLARATION of Solomon Kibriye in Support re: #527 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 Opinion or Order Filing 527 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 Opinion or Order Filing 526 REPLY MEMORANDUM OF LAW in Support re: #426 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: #512 Plaintiffs' Motion to Compel Production. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 7, 2012 Opinion or Order Filing 525 DECLARATION of Rebecca J. Nelson in Support re: #522 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 Opinion or Order Filing 524 DECLARATION of James L. Kerr in Support re: #522 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 Opinion or Order Filing 523 MEMORANDUM OF LAW in Support re: #522 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 Opinion or Order Filing 522 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 Opinion or Order Filing 521 DECLARATION of Mark S. Sullivan in Opposition re: #512 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 Opinion or Order Filing 520 MEMORANDUM OF LAW in Opposition re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
October 26, 2012 Opinion or Order Filing 519 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 Opinion or Order Filing 518 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 Opinion or Order Filing 517 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 Opinion or Order Filing 516 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 515 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 Opinion or Order Filing 514 DECLARATION of Eric J. Finkelstein in Support re: #512 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (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 Opinion or Order Filing 513 MEMORANDUM OF LAW in Support re: #512 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 Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Stubbs, Emily)
October 10, 2012 Opinion or Order Filing 512 MOTION to Compel Production from Defendant and Non-Party Banks. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Certificate of Service)(Stubbs, Emily)
October 9, 2012 Opinion or Order Filing 511 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 Opinion or Order Filing 510 MEMORANDUM OF LAW in Support re: #426 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 509 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 506 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 505 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 15, 2012 Opinion or Order Filing 502 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A..(Glickman, Barry)
August 15, 2012 Opinion or Order Filing 501 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Bank of America, N.A. (Glickman, Barry)
August 8, 2012 Opinion or Order Filing 500 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco De La Nacion Argentina - NY Branch on 4/19/2010. Service was accepted by Mr. R.H. Barrientos - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
August 8, 2012 Opinion or Order Filing 499 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on General Electric Capital Corporation on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
August 8, 2012 Opinion or Order Filing 496 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Toyota Motor Credit Corporation on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 Re. Guccione, United States Marshal, Southern District of New York By: Amaury Pena, Co-op (djc)
August 8, 2012 Opinion or Order Filing 495 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Execution served on First Finance North America, Inc. on 4/13/10. Service was accepted by Ms. A. Flores - Clerk. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 Re. Guccione, United States Marshal, Southern District of New York By: Amaury Pena, Co-op (djc) Modified on 8/9/2012 (djc).
August 8, 2012 Opinion or Order Filing 494 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on RBB Securities Inc. on 4/19/2010. Service was accepted by Ms. P. Sumaitah -Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 Re. Guccione, United States Marshal, Southern District of New York By: Amaury Pena, Co-op (djc) Modified on 8/9/2012 (djc).
August 3, 2012 Opinion or Order Filing 493 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco De La Provincia De Buenos Aires-NY Branch. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 26, 2012 Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op. (mro)
August 3, 2012 Opinion or Order Filing 492 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED for Writ of Execution as to The Republic of Argentina: Fiat Credit USA, Inc. Service was attempted on 5/10/2010. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 26, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena (rjm)
July 31, 2012 Opinion or Order Filing 490 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on UBS Securities LLC on 5/7/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012 Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op.(mro)
July 30, 2012 Opinion or Order Filing 508 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on GMAC Financial Services on 5/7/2010. Service was accepted by Mr. Herbert - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
July 30, 2012 Opinion or Order Filing 507 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of Tokyo on 5/7/2010. Service was accepted by Ms. Calderaro - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc)
July 30, 2012 Opinion or Order Filing 491 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Jefferies & Co. on 5/11/2010. Service was accepted by Ms. Kane. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (cd)
July 30, 2012 Opinion or Order Filing 489 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Morgan Stanley & Co. on 5/7/2012. Service was accepted by Ms Mitta - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.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 16, 2012 Opinion or Order Filing 504 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Ford Motor Credit Company LLC on 4/13/10. Service was accepted by Ms. A. Flores, Clerk. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (pl)
July 16, 2012 Opinion or Order Filing 503 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ Of Execution served on Cantor Fitzgerald & Co. on 7/16/2012. Service was accepted by Ms. Pennay. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (pl)
July 16, 2012 Opinion or Order Filing 498 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Securities (USA) Inc. on 4/30/2010. Service was accepted by Ms. Muzaffar - Customer Service. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (lmb)
July 16, 2012 Opinion or Order Filing 497 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. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (lmb)
July 16, 2012 Opinion or Order Filing 488 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Manfra Tordella & Brookes, Inc. on 5/5/2010. Service was accepted by Mr. Hamilton - Accounting. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
July 16, 2012 Opinion or Order Filing 487 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on CLS Bank Intl on 5/5/10. Service was accepted by D. Skoblow. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (cd)
July 16, 2012 Opinion or Order Filing 486 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Goldman Sachs on 5/4/10. Service was accepted by J.M. Lane. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (cd)
July 16, 2012 Opinion or Order Filing 485 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Brink's Inc. on 5/4/2010. Service was accepted by Ms. Ambrose - Clerk. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012 Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op. (djc)
July 16, 2012 Opinion or Order Filing 484 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Securities, Inc. on 4/5/2010. Service was accepted by Ms. Falconer - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012 Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op. (djc)
July 16, 2012 Opinion or Order Filing 483 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on HSBC Bank USA National Association on 4/30/2010. Service was accepted by Ms. Muzaffar (Customer Service). Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (js)
July 16, 2012 Opinion or Order Filing 482 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on JP Morgan Securities Inc. on 4/15/10. ***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. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (mro)
July 16, 2012 Opinion or Order Filing 481 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Barclays Capital Inc on 5/3/10. ***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. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (mro)
July 16, 2012 Opinion or Order Filing 480 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on VW Credit Inc. on 4/13/2010. Service was accepted by Ms. A. Flores (Clerk). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (js)
July 11, 2012 Opinion or Order Filing 476 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 Opinion or Order Set/Reset Deadlines: Responses due by 8/27/2012 (ft)
June 12, 2012 Opinion or Order Filing 479 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Service was accepted by Ms, N. Kaur - Teller. Document filed by Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
June 7, 2012 Opinion or Order Filing 478 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Santander SA on 3/16/10. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Received for docketing on 7/12/2012.) (mro)
June 7, 2012 Opinion or Order Filing 477 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Credit Suisse on 3/30/10. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Received for docketing on 7/12/2012.)(mro)
June 7, 2012 Opinion or Order Filing 475 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG on 3/15/10. Service was accepted by Ms. K. Kwon-Legal. Document filed by Aurelius Capital Master, Ltd.. (pl)
June 7, 2012 Opinion or Order Filing 474 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco do Brasil SA on 3/11/10. Service was accepted by Banco do Brasil SA. Document filed by Aurelius Capital Master, Ltd.. (pl)
June 7, 2012 Opinion or Order Filing 473 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of America NA on 3/11/10. Service was accepted by Bank of America NA. Document filed by Aurelius Capital Master, Ltd.. (pl) Modified on 7/9/2012 (pl).
June 7, 2012 Opinion or Order Filing 471 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Doral Bank FSB on 3/11/2010. Service was accepted by Mr. Guzman-Clerk. Document filed by Aurelius Capital Master, Ltd.. (pl)
June 7, 2012 Opinion or Order Filing 470 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentica at HSBC Bank NA on 3/11/2010. Service was accepted by Ms. Muzaffar. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro)
June 7, 2012 Opinion or Order Filing 469 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Reupublic of Argentina at ABN AMRO Bank NY on 3/16/2010. Service was accepted by Ms. Somaiah. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro)
June 7, 2012 Opinion or Order Filing 468 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina at Barclays Bank PLC on 3/18/2010. Service was accepted by John Erban. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro)
June 7, 2012 Opinion or Order Filing 467 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Reupublic of Argentina at Commerzbank AG on 3/12/2010. Service was accepted by Ms. J. O'Neill. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro)
June 7, 2012 Opinion or Order Filing 466 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Mr. Rosenberg - Legal. Document filed by Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
June 7, 2012 Opinion or Order Filing 465 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. All Defendants. Service was made by Mr. Fallon - Legal. Document filed by Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) Modified on 6/25/2012 (jfe).
June 7, 2012 Opinion or Order Filing 464 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served on Citibank, N.A. Service was accepted by Ms. M. Hernandez - Clerk. Document filed by Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
June 7, 2012 Opinion or Order Filing 463 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina. on 3/15/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners, LP. (jmi)
June 7, 2012 Opinion or Order Filing 454 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Lazard Ltd. on 4/7/12. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (mro)
June 7, 2012 Opinion or Order Filing 453 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on Captial One NA on 3/12/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (mro)
June 7, 2012 Opinion or Order Filing 452 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on Captial One USA NA on 3/12/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (mro)
June 1, 2012 Opinion or Order Filing 462 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina. on 3/22/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione. (jmi) Modified on 6/18/2012 (jmi). Modified on 6/18/2012 (jmi).
June 1, 2012 Opinion or Order Filing 461 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina. on 4/7/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione. (jmi) Modified on 6/18/2012 (jmi). Modified on 6/18/2012 (jmi).
June 1, 2012 Opinion or Order Filing 460 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina. on 3/29/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione. (jmi) Modified on 6/18/2012 (jmi). Modified on 6/18/2012 (jmi).
June 1, 2012 Opinion or Order Filing 459 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina. on 3/29/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione. (jmi) Modified on 6/18/2012 (jmi). Modified on 6/18/2012 (jmi).
June 1, 2012 Opinion or Order Filing 458 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Lazard Ltd. on 3/29/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione. (jmi) Modified on 6/18/2012 (jmi). Modified on 6/18/2012 (jmi).
June 1, 2012 Opinion or Order Filing 457 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on TD Bank NA on 3/12/2010. Service was accepted by Mr. Bellavolx. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
June 1, 2012 Opinion or Order Filing 456 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Daiwa Securities America Inc. on 4/8/2010. Service was accepted by Mr. Goodman - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
June 1, 2012 Opinion or Order Filing 451 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Bank of South Africa Limited on 3/24/2010. Service was accepted by Mr. Rainoue - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
June 1, 2012 Opinion or Order Filing 450 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Ms. Mortero - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe)
June 1, 2012 Opinion or Order Filing 449 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Ms. Paes - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe)
June 1, 2012 Opinion or Order Filing 448 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Ms. Lazar - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe)
June 1, 2012 Opinion or Order Filing 447 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Service was accepted by Mr. J. Bardakejy - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe)
June 1, 2012 Opinion or Order Filing 446 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Bank on 3/30/2010. Service was accepted by Ms. Akintomide - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
June 1, 2012 Opinion or Order Filing 445 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Sumitomo Mitsui Banking Corp. on 3/16/2010. Service was accepted by Mr. H. Oshima - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
June 1, 2012 Opinion or Order Filing 444 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Sumitomo Trust and Banking Company Ltd. on 3/30/2010. Service was accepted by Ms. Paige - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
June 1, 2012 Opinion or Order Filing 442 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banc of America Securities LLC on 4/7/2010. Service was accepted by Mr. M. Martin. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (lmb) Modified on 6/6/2012 (lmb).
June 1, 2012 Opinion or Order Filing 441 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Citigroup Global Markets Inc. on 3/22/2010. Service was accepted by Mr. Corner - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (lmb)
June 1, 2012 Opinion or Order Filing 440 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Emigrant Bank on 3/11/10. Service was accepted by Ms. S. Wolfel - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.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 23, 2012. Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op (djc)
June 1, 2012 Opinion or Order Filing 439 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Federal Reserve Bank of New York on 3/15/10. Service was accepted by Ms. K. Sturm -Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 23, 2012. Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op(djc) Modified on 6/6/2012 (djc).
June 1, 2012 Opinion or Order Filing 438 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Fiduciary Trust Company International on 3/11/2010. Service was accepted by Ms. S.A. Garcia - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 23, 2012. Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op (djc)
June 1, 2012 Opinion or Order Filing 437 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on First American International Bank on 3/12/2010. Service was accepted by Ms. S. Gao - Clerk. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 23, 2012. Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op (djc)
June 1, 2012 Opinion or Order Filing 436 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED as to Execution on First Commercial Bank served on First Commercial Bank on 3/30/2012. Service was accepted by Mr. Fu. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. 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 23, 2012. Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op (djc) Modified on 6/6/2012 (djc).
June 1, 2012 Opinion or Order Filing 435 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on Fortis Bank SA/NV on 3/30/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op.(mro)
June 1, 2012 Opinion or Order Filing 434 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on The Goldman Sachs Trust Company on 3/15/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro)
June 1, 2012 Opinion or Order Filing 433 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on JPMorgan Chase Bank NA on 3/15/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro)
June 1, 2012 Opinion or Order Filing 432 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on Lloyds TSB Bank plc on 3/18/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro)
June 1, 2012 Opinion or Order Filing 431 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution served on Merrill Lynch Bank & Trust Company FSB on 3/17/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/23/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro) Modified on 6/5/2012 (mro).
May 30, 2012 Opinion or Order Filing 430 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 Opinion or Order Filing 428 MEMORANDUM OF LAW in Support re: #426 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 Opinion or Order Filing 427 DECLARATION of Sara A. Sanchez, dated May 22, 2012 in Support re: #426 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 Opinion or Order Filing 426 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 14, 2012 Opinion or Order Filing 455 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Credit Suisse Securities 9USA) LLC on 3/0/2010. Service was accepted by Mr. Zuelch - Legal. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (ft)
May 4, 2012 Opinion or Order Filing 443 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to American Express Bank Ltd. Attempted Service of Summons and Complaint. Service was attempted on 3/11/2010. Document filed by Aurelius Capital Partners LP. (ft)
May 4, 2012 Opinion or Order Filing 429 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED "EXECUTION" as to GE Capital Corporation. Service was attempted on 4/19/2010. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated April 24, 2012. Joseph R. Guccione, United States Marshal, SDNY By: Amaury Pena, Co-op. (djc)
May 4, 2012 Opinion or Order Filing 425 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Execution service was attempted on Mizuho Securities USA Inc on 3/17/10. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. ***Judgment unsatisfied pursuant to Amaury Pena as of 4/24/12. (mro)
March 28, 2012 Opinion or Order Filing 424 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 423 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 Opinion or Order Filing 422 SEALED DOCUMENT placed in vault.(mps)
October 5, 2011 Opinion or Order Filing 421 REPLY MEMORANDUM OF LAW in Support re: #397 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 Opinion or Order Filing 420 REPLY MEMORANDUM OF LAW in Support re: #388 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
October 5, 2011 Opinion or Order Filing 419 REPLY MEMORANDUM OF LAW in Support re: #393 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 Opinion or Order Filing 418 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 Opinion or Order Filing 417 SEALED DOCUMENT placed in vault.(mps)
September 28, 2011 Opinion or Order Filing 416 DECLARATION of Daniel B. Rapport in Support re: #371 MOTION to Expedite Discovery from the Republic and BCRA., #374 MOTION to Confirm Order of Attachment.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (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 Opinion or Order Filing 415 REPLY MEMORANDUM OF LAW in Support re: #374 MOTION to Confirm Order of Attachment., #371 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Rapport, Daniel)
September 23, 2011 Opinion or Order Filing 414 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 Opinion or Order Filing 413 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 Opinion or Order Filing 412 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 413) - 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 Opinion or Order Filing 411 REPLY MEMORANDUM OF LAW in Support re: #357 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 Opinion or Order Filing 410 REPLY MEMORANDUM OF LAW in Support re: #356 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 Opinion or Order Filing 409 DECLARATION of /Second Declaration of Claudio Solari, dated July 21, 2011 in Support re: #357 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 Opinion or Order Filing 408 DECLARATION of Carmine D. Boccuzzi, dated September 16, 2011 in Support re: #357 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 Opinion or Order Filing 407 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citibank, N.A. (Knapp, Lindsey)
September 16, 2011 Opinion or Order Filing 406 NOTICE OF APPEARANCE by Benedict John Schweigert on behalf of Citibank, N.A. (Schweigert, Benedict)
September 16, 2011 Opinion or Order Filing 405 NOTICE OF APPEARANCE by Edmund Polubinski, III on behalf of Citibank, N.A. (Polubinski, Edmund)
September 13, 2011 Opinion or Order Filing 404 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 Opinion or Order Filing 402 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 Opinion or Order Filing 403 SEALED DOCUMENT placed in vault.(nm)
September 8, 2011 Opinion or Order Filing 401 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Opinion or Order Filing 400 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Opinion or Order Filing 399 MEMORANDUM OF LAW Dated September 8, 2011 in Opposition re #371 and #374 and in Support re #393 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Opinion or Order Filing 398 MEMORANDUM OF LAW in Support re: #397 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 Opinion or Order Filing 397 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 Opinion or Order Filing 396 DECLARATION of Carmine D. Boccuzzi, dated September 8, 2011 in Opposition re #371 and #374 and in Support re #393 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Opinion or Order Filing 395 DECLARATION of Francisco Eggers, dated September 8, 2011 in Opposition re #371 and #374 and in Support re #393 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Opinion or Order Filing 394 DECLARATION of Adrian E. Cosentino, dated August 3, 2011 in Opposition re #371 and #374 and in Support re #393 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 8, 2011 Opinion or Order Filing 393 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 Opinion or Order Filing 392 DECLARATION of Federico Elewaut in Support re: #388 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
September 8, 2011 Opinion or Order Filing 391 DECLARATION of Hugo N. L. Bruzone in Support re: #388 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Opinion or Order Filing 390 DECLARATION of James L. Kerr in Support re: #388 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
September 8, 2011 Opinion or Order Filing 389 MEMORANDUM OF LAW in Support re: #388 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Opinion or Order Filing 388 MOTION to Vacate Order of Attachment. Document filed by Citibank, N.A..(Kerr, James)
September 8, 2011 Opinion or Order Filing 387 DECLARATION of Kimberly Hamm - REDACTED in Support of #350 and in Opposition to #357 . in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents., #357 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 Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, 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 386 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 Opinion or Order Filing 385 DECLARATION of Kimberly Hamm in Support of #350 and in Opposition to #357 in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents., #357 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 Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, 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 Opinion or Order Filing 384 DECLARATION of Kimberly Hamm in Suport of #340 and in Opposition to #350 in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents., #340 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.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-C)(Hamm, Kimberly)
August 31, 2011 Opinion or Order Filing 383 REPLY MEMORANDUM OF LAW in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents., #340 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. Memorandum of Law in Opposition to #350 . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
August 31, 2011 Opinion or Order Filing 382 REPLY MEMORANDUM OF LAW in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents., #357 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 #357 . Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
August 19, 2011 Opinion or Order Filing 381 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 Opinion or Order Filing 380 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 Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Stubbs, Emily)
August 9, 2011 Opinion or Order Filing 379 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Chad Leicht dated 7/29/2011 re: Counsel for the Plaintiff writes to request that his name be removed from the docket and no longer receive electronic notifications, as counsel for Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., and Blue Angel Capital I LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/9/2011) (ab)
August 9, 2011 Opinion or Order Filing 378 DECLARATION of Kenneth N. Kuttner in Support re: #376 Brief. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (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 Opinion or Order Filing 377 DECLARATION of Emily A. Stubbs in Support re: #376 Brief. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (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 Opinion or Order Filing 376 BRIEF in Support of Plaintiffs' Application for Order of Attachment. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.(Friedman, Edward)
August 8, 2011 Opinion or Order Filing 375 MEMORANDUM OF LAW in Support re: #374 MOTION to Confirm Order of Attachment.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Friedman, Edward)
August 8, 2011 Opinion or Order Filing 374 MOTION to Confirm Order of Attachment. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.(Friedman, Edward)
August 8, 2011 Opinion or Order Filing 373 DECLARATION of Daniel B. Rapport in Support re: #371 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rapport, Daniel)
August 8, 2011 Opinion or Order Filing 372 MEMORANDUM OF LAW in Support re: #371 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP. (Friedman, Edward)
August 8, 2011 Opinion or Order Filing 371 MOTION to Expedite Discovery from the Republic and BCRA. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP.(Friedman, Edward)
July 22, 2011 Opinion or Order Filing 370 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 Opinion or Order Filing 369 SEALED DOCUMENT placed in vault.(mps)
July 6, 2011 Opinion or Order Filing 368 DECLARATION of Carmine D. Boccuzzi [REDACTED] in Opposition re #340 and in Support re #356 . Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A through E, #2 Exhibits F through J)(Boccuzzi, Carmine)
July 1, 2011 Opinion or Order Filing 367 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 Opinion or Order Filing 366 MEMORANDUM OF LAW in Opposition re #350 and in Support re #357 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Opinion or Order Filing 365 MEMORANDUM OF LAW in Opposition re #340 and in Support re #356 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Opinion or Order Filing 364 DECLARATION of Carmine D. Boccuzzi in Opposition re #350 and in Support re #357 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Opinion or Order Filing 363 DECLARATION of Carmine D. Boccuzzi in Opposition re #340 and in Support re #356 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Opinion or Order Filing 362 DECLARATION of Enrique Mario Martinez in Opposition re #350 and in Support re #357 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Opinion or Order Filing 361 DECLARATION of Faustino Sineriz in Opposition re #350 and in Support re #357 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Opinion or Order Filing 360 DECLARATION of Rodolfo Ariel Blasco in Opposition re #350 and in Support re #357 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Opinion or Order Filing 359 DECLARATION of Claudio Solari in Opposition re #350 and in Support re #357 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Opinion or Order Filing 358 DECLARATION of Adolfo Luis Cerioni in Opposition re #340 and #350 and in Support re #356 and #357 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Opinion or Order Filing 357 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 Opinion or Order Filing 356 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 7, 2011 Opinion or Order Filing 355 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 Opinion or Order Set/Reset Deadlines: Motions due by 6/30/2011. (rjm)
May 31, 2011 Opinion or Order Filing 354 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 Opinion or Order Filing 353 NOTICE OF APPEARANCE by Kimberly Ann Hamm on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC (Hamm, Kimberly)
May 23, 2011 Opinion or Order Filing 352 DECLARATION of Barry R. Ostrager in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Attachments: #1 Exhibit A (Part 1 of 3), #2 Exhibit A (Part 2 of 3), #3 Exhibit A (Part 3 of 3), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P)(Ostrager, Barry)
May 23, 2011 Opinion or Order Filing 351 MEMORANDUM OF LAW in Support re: #350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
May 23, 2011 Opinion or Order Filing 350 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC.(Ostrager, Barry)
May 19, 2011 Opinion or Order Filing 349 MEMORANDUM OF LAW in Opposition to the Aurelius Plaintiffs' Order to Show Cause to Appoint a Receiver and for Expedited Discovery, dated May 19, 2011 re #337 . Document filed by The Republic of Argentina. (Moore, Christopher)
May 19, 2011 Opinion or Order Filing 348 DECLARATION of Sara A. Sanchez, dated May 19, 2011 (with Exhibits A through M) re #337 . Document filed by The Republic of Argentina. (Moore, Christopher)
May 18, 2011 Opinion or Order Filing 347 AFFIDAVIT OF SERVICE of Multiple Documents served on Multiple Parties on 05/16/2011. Service was accepted by Multiple People. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
May 18, 2011 Opinion or Order Filing 346 DECLARATION of Barry R. Ostrager in Support re: #337 Order to Show Cause,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Attachments: #1 Exhibit A - Part 1 of 3, #2 Exhibit A - Part 2 of 3, #3 Exhibit A - Part 3 of 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q)(Ostrager, Barry)
May 18, 2011 Opinion or Order Filing 345 MEMORANDUM OF LAW in Support re: #337 Order to Show Cause,,,,, - Memorandum of Law in Support of the Aurelius 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 United States Patents. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
May 18, 2011 Opinion or Order Filing 344 DECLARATION of Barry R. Ostrager in Support re: #339 Order,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E-F, #5 Exhibit G-I, #6 Exhibit J, #7 Exhibit K-L, #8 Exhibit M-R)(Ostrager, Barry)
May 18, 2011 Opinion or Order Filing 343 MEMORANDUM OF LAW in Support re: #339 Order,,,, - Memorandum of Law in Support of the Aurelius Plaintiffs' Motion by Order to Show Cause for an Attachment Order Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
May 17, 2011 Opinion or Order Filing 342 DECLARATION of Barry R. Ostrager in Support re: #340 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.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-F, #6 Exhibit G-I, #7 Exhibit J, #8 Exhibit K-L, #9 Exhibit M-R)(Ostrager, Barry)
May 17, 2011 Opinion or Order Filing 341 MEMORANDUM OF LAW in Support re: #340 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.. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. (Ostrager, Barry)
May 17, 2011 Opinion or Order Filing 340 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. Document filed by Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC.(Ostrager, Barry)
May 16, 2011 Opinion or Order Filing 339 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 338 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 337 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 Opinion or Order Filing 336 NOTICE OF CHANGE OF ADDRESS by Edward A. Friedman on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Friedman, Edward)
March 28, 2011 Opinion or Order Filing 335 NOTICE OF CHANGE OF ADDRESS by Andrew W. Goldwater on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Goldwater, Andrew)
March 28, 2011 Opinion or Order Filing 334 NOTICE OF CHANGE OF ADDRESS by Jessica Axelandra Murzyn on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Murzyn, Jessica)
March 28, 2011 Opinion or Order Filing 333 NOTICE OF CHANGE OF ADDRESS by Chad Michael Leicht on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Leicht, Chad)
March 28, 2011 Opinion or Order Filing 332 NOTICE OF CHANGE OF ADDRESS by Emily Anne Stubbs on behalf of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Stubbs, Emily)
February 17, 2011 Opinion or Order Appeal Record Returned. Indexed record on Appeal Files USCA Case Number 08-5626-cv, returned from the U.S. Court of Appeals. (nd)
October 19, 2010 Opinion or Order Filing 331 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 1019/2010) (jpo)
September 7, 2010 Opinion or Order Filing 330 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)
July 23, 2010 Opinion or Order Filing 329 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 Opinion or Order Filing 328 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 Opinion or Order 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)
June 11, 2010 Opinion or Order Filing 327 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 21, 2010 Opinion or Order Filing 326 REPLY MEMORANDUM OF LAW in Support re: #317 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Blackman, Jonathan)
May 21, 2010 Opinion or Order Filing 325 REPLY MEMORANDUM OF LAW in Support re: #317 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
May 20, 2010 Opinion or Order Filing 324 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 Opinion or Order Filing 323 SEALED DOCUMENT placed in vault.(nm)
April 30, 2010 Opinion or Order Filing 322 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 Opinion or Order Filing 321 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to #304 Notice of Appeal filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd. USCA Case Number 10-0838-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 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 321 USCA Mandate Withdrawing Appeal,. (nd)
April 12, 2010 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #321 USCA Mandate Withdrawing Appeal,. (nd)
April 8, 2010 Opinion or Order Filing 320 ORDER, The 2/11 Ex Parte Order is hereby vacated in all respects and replaced by this Order. The 1/10 Ex Parte Orders are hereby vacated as to contract carriers that transport or deliver paper and coin currency from the FRBNY to BCRA, including without limitation the contract-carrier arm of Brinks, with respect to the physical transportation of paper and coin currency from the FRBNY to BCRA in Argentina. In all other respects, the 1/10 Ex Part Orders remain in effect as of the date they were served, pending further order of the Court. The 2/11 Ex Parte Motion and all supporting papers, all papers in opposition to the 2/11 Ex Parte Motion, and all related motions to confirm or vacate the relief granted herein, shall be treated by all parties as "Highly Confidential Information" and filed under seal in accordance with the provisions of the Stipulated Protective Order dated 9/10/08 attached hereto as Annex A.....Nothing herein shall constitute an express or implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 3/8/20) (cd)
March 30, 2010 Opinion or Order Filing 472 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Credit Industriel et Commercial on 3/10/2010. Service was accepted by Ms. Adkins-Legal. Document filed by Aurelius Capital Master, Ltd.. (pl)
March 29, 2010 Opinion or Order Filing 319 JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
March 29, 2010 Opinion or Order Filing 318 SEALED DOCUMENT placed in vault.(dn)
March 29, 2010 Opinion or Order Filing 317 MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de la Republica Argentina. (Attachments: #1 Exhibit A, #2 Exhibit Certificate of Service)(Neuhaus, Joseph)
March 29, 2010 Opinion or Order Filing 316 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
March 26, 2010 Opinion or Order Filing 315 JOINDER to join The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 Submissions and Memorandum of Law in Further Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
March 24, 2010 Opinion or Order Filing 314 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #304 Notice of Appeal filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd. USCA Case Number 10-0838, 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 313 ORDER of USCA (Certified Copy) as to #304 Notice of Appeal filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd. 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 Opinion or Order Filing 312 SEALED DOCUMENT placed in vault.(nm)
March 12, 2010 Opinion or Order Filing 311 ORDER denying #234 Motion for Sanctions. On 1/27/09, plaintiffs served a subpoena on Citibank N.A. on 5/29/09, this court ordered Citibank "to immediately comply with the January 27 subpoena in all respects...." On 7/10,09, plaintiffs moved to hold Citibank in contempt for failure to comply with the court's May 29 order, to sanction Citibank with a $10,000-per-day fine, and to award costs and attorneys' fees to plaintiffs. Under these circumstances, the court declines to enforce the process against Citibank with any sanction. The record should be cleared of the motion for sanctions, and it is denied. (Signed by Judge Thomas P. Griesa on 3/12/2010) (tro)
March 11, 2010 Opinion or Order Filing 310 DECLARATION of Chad M. Leicht in Support of Plaintiffs' Ex Parte Application for Writs of Execution and Restraining and Attachment Orders. (This document was previously sealed in envelope # 288 and unsealed by document # 309 in 07cv2715) *Certificate of Service attached. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (tro) Modified on 3/15/2010 (tro).
March 11, 2010 Opinion or Order Filing 309 MEMORANDUM OF LAW in Support of Plaintiffs' Ex Parte Application for Writs of Execution and Restraining and Attachment Orders. (This document was previously sealed in envelope # 288 and unsealed by document # 309 in 07cv2715) Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Errata 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)(tro)
March 11, 2010 Opinion or Order Filing 308 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 Opinion or Order Filing 307 CERTIFICATE OF SERVICE of Richard V. Conza, dated March 10, 2010 re #301 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
March 11, 2010 Opinion or Order Filing 306 CERTIFICATE OF SERVICE of Richard V. Conza, dated March 10, 2010 re #300 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
March 11, 2010 Opinion or Order Filing 305 NOTICE of Filing (REDACTED). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (REDACTED))(Friedman, Edward)
March 11, 2010 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #304 Notice of Appeal. (nd)
March 11, 2010 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 304 Notice of Appeal. (nd)
March 11, 2010 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 304 Notice of Appeal. (nd)
March 11, 2010 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #304 Notice of Appeal. (nd)
March 10, 2010 Opinion or Order Filing 304 NOTICE OF APPEAL (Filed in the Night Deposit Box at 6:32PM) from #291 Opinion. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Filing fee $ 455.00, receipt number E 896794. (nd)
March 10, 2010 Opinion or Order Filing 303 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 Opinion or Order Filing 302 NOTICE of Filing. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit 1 (REDACTED), #2 Exhibit 2 (REDACTED), #3 Exhibit 3 (REDACTED))(Friedman, Edward)
March 10, 2010 Opinion or Order Filing 301 MEMORANDUM OF LAW in Support of Motion to Vacate Ex Parte Writs of Execution and Restraining, Attachment and "Omnibus" Orders (REDACTED), dated March 1, 2010. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
March 10, 2010 Opinion or Order Filing 300 DECLARATION of Rahul Mukhi, dated March 1, 2010. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Boccuzzi, Carmine)
March 10, 2010 Opinion or Order Filing 299 NOTICE of Filing. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Writ of Execution)(Friedman, Edward)
March 10, 2010 Opinion or Order Filing 298 NOTICE of Filing. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (REDACTED), #3 Exhibit 3 (REDACTED), #4 Exhibit 4(REDACTED), #5 Exhibit 5(REDACTED), #6 Exhibit 6 (REDACTED), #7 Exhibit 7 (REDACTED))(Friedman, Edward)
March 9, 2010 Opinion or Order Filing 297 REDACTION 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 by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Attachments: #1 Exhibit 43, #2 Exhibit 44, #3 Exhibit 45, #4 Exhibit 46 (REDACTED), #5 Exhibit 47, #6 Exhibit 48, #7 Exhibit 49, #8 Exhibit 50 (FILED UNDER SEAL), #9 Exhibit 51)(Friedman, Edward)
March 9, 2010 Opinion or Order Filing 296 OPPOSITION BRIEF Plaintiffs Memorandum of Law 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 (REDACTED). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC.(Friedman, Edward)
March 8, 2010 Opinion or Order Filing 295 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 294 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 293 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 292 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 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #295 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo)
March 8, 2010 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: 295 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo)
March 5, 2010 Opinion or Order Filing 291 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 Opinion or Order Filing 290 DECLARATION of Chad M. Leicht (REDACTED) in Support re: #287 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED)., #288 EX PARTE MOTION for Writ of Attachment (REDACTED).. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit 1 (REDACTED), #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 (FILED UNDER SEAL), #33 Exhibit 33 (FILED UNDER SEAL), #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)(Friedman, Edward)
March 5, 2010 Opinion or Order Filing 289 MEMORANDUM OF LAW in Support re: #288 EX PARTE MOTION for Writ of Attachment (REDACTED)., #287 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED). Memorandum of Law in Support of Plaintiffs' Ex Parte Application For Writs of Execution and Restraining and Attachment Orders (REDACTED). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Friedman, Edward)
March 5, 2010 Opinion or Order Filing 288 EX PARTE MOTION for Writ of Attachment (REDACTED). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC.(Friedman, Edward)
March 5, 2010 Opinion or Order Filing 287 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC.(Friedman, Edward)
March 5, 2010 Opinion or Order Filing 286 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank, N.A. (Wagner, Karen)
March 3, 2010 Opinion or Order Filing 285 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
March 1, 2010 Opinion or Order Minute Entry for proceedings held before Judge Thomas P. Griesa: Show Cause Hearing held on 3/1/2010. (mro)
February 17, 2010 Opinion or Order Filing 284 SEALED DOCUMENT placed in vault.(nm)
February 2, 2010 Opinion or Order Filing 283 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to #19 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-2902-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: 2/1/2010. (nd)
January 29, 2010 Opinion or Order Filing 282 SEALED DOCUMENT placed in vault.(nm)
January 26, 2010 Opinion or Order TRANSCRIPT of proceedings held on 1/15/10 before Judge Thomas P. Griesa. (Orig. docketed in 03cv2507 as document #354). (pl)
January 22, 2010 Opinion or Order Filing 281 SEALED DOCUMENT placed in vault.(nm)
January 15, 2010 Opinion or Order Filing 280 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 279 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) Modified on 1/15/2010 (tve).
January 13, 2010 Opinion or Order Filing 278 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 277 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 Opinion or Order Filing 276 SEALED DOCUMENT placed in vault.(nm)
December 16, 2009 Opinion or Order Filing 275 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Barry Ostrager dated 12/14/09 re: counsel for plaintiffs requests that the Court order that the letters to this Court dated 1/14/09, 1/16/09 and 5/5/09 be entered on the docket in these actions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/16/09) (dle)
December 7, 2009 Opinion or Order Filing 274 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 273 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 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #272 USCA Mandate,,,,,. (nd)
December 2, 2009 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 272 USCA Mandate,,,,,. (nd)
December 1, 2009 Opinion or Order Filing 272 MANDATE of USCA (Certified Copy) as to #129 Amended Notice of Appeal filed by The Republic of Argentina, #136 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #71 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #58 Notice of Appeal filed by The Republic of Argentina, #59 Notice of Appeal filed by Administracion Nacional de Seguridad Social, #75 Amended Notice of Appeal, filed by Consolidar AFJP S.A., Origenes AFJP S.A., Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Maxima AFJP S.A., Met AFJP S.A., #60 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., #65 Amended Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-5626-cv, 08-5723-cv, 08-572-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 Opinion or Order Filing 271 TRUE COPY ORDER of USCA as to #19 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-2902-cv. The undersigned counsel for plaintiffs-appellees and Defendants-Appellants the Republic of Argentina (the "Republic") and the Province of Buenos Aires (the "Province") hereby stipulate that the above-captioned appeals (the "Deactivated Appeals") are hereby withdrawn from active consideration from the Court pending the resolution of the following five consolidated appeals: Seijas v. Republic of Argentina, 08-2847-cv, Aurelius Captial Partners LP v. Republic of Argentina, 08-2864-cv, Catto v. Republic of Argentina, 08-2922-cv, Macrotecnic Int`l Corp. v. Republic of Argentina, 08-2926-cv, and Mazzini v. Republic of Argentina, 08-2943-cv (collectively, the "Consolidated Appeals"). The parties agree that the Courts resolution of the Consolidated Appeals shall resolve the deactivated appeals; provided however that the Republic and Province shall have the right to reactivate its appeal within 60 days of the Courts decision in the Consolidated Appeals in the event that plaintiff in the Deactivated Appeals does not have a judgment and the Courts order in the Consolidated Appeals does not determine the applicability here of Grupo Mexicano de Dessarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S 308 (1999). Withdrawal if the Deactivated Appeals from active consideration shall not operate as dismissal of the appeals under Federal Rule of Appellate Procedure 42(b). SO ORDERED: On the understanding that the reactivation contemplated by this stipulation will be accomplished by notice to the Clerk of this Court, and, upon such notice, the Clerk will offer the appeal to the panel adjudicating the Consolidated Appeals, which may either accept the appeal (with or without oral argument) or direct scheduling of the appeal before a subsequent panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/12/2009. (nd)
November 10, 2009 Opinion or Order TRANSCRIPT of proceedings held on 10/26/09 before Judge Thomas P. Griesa. *Original filed under civil case no. 07cv2715, document #260.(tro)
October 29, 2009 Opinion or Order Filing 270 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 Opinion or Order TRANSCRIPT of proceedings held on 10/26/09 before Judge Thomas P. Griesa. *Original filed under civil case no. 07-cv-2693, document #201. (tro)
October 26, 2009 Opinion or Order Filing 269 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)
October 26, 2009 Opinion or Order Filing 268 NOTICE OF APPEARANCE by Jessica Axelandra Murzyn on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Murzyn, Jessica)
October 26, 2009 Opinion or Order Filing 267 NOTICE OF APPEARANCE by Chad Michael Leicht on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Leicht, Chad)
October 26, 2009 Opinion or Order Filing 266 NOTICE OF APPEARANCE by Emily Anne Stubbs on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Stubbs, Emily)
October 26, 2009 Opinion or Order Filing 265 NOTICE OF APPEARANCE by Andrew W. Goldwater on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Goldwater, Andrew)
October 26, 2009 Opinion or Order Filing 264 NOTICE OF APPEARANCE by Edward A. Friedman on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Friedman, Edward)
September 23, 2009 Opinion or Order Filing 263 CERTIFICATE OF SERVICE of Omnibus Motion to Compel served on Banco de la Nacin Argentina, Banco Bilbao Vizcaya Argentaria, S.A., BNP Paribas, and Deutsche Bank AG on 9/23/09. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
September 23, 2009 Opinion or Order Filing 262 DECLARATION of John R. Menz in Support re: #260 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 Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit Exhibits 1 through 10, #2 Exhibit Exhibits 11 through 16, #3 Exhibit Exhibits 17 through 25)(Driscoll, Melissa)
September 23, 2009 Opinion or Order Filing 261 MEMORANDUM OF LAW in Support re: #260 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 Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
September 23, 2009 Opinion or Order Filing 260 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 Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. Return Date set for 10/28/2009 at 09:30 AM.(Driscoll, Melissa)
September 18, 2009 Opinion or Order Filing 259 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 Opinion or Order Set Deadlines/Hearings: Service due by 11/23/2009. (jpo)
July 31, 2009 Opinion or Order Filing 258 SEALED DOCUMENT placed in vault.(rt)
July 31, 2009 Opinion or Order Filing 257 CERTIFICATE OF SERVICE of Reply Motion Papers served on Citibank, N.A. on July 31, 2009. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa)
July 31, 2009 Opinion or Order Filing 256 REPLY AFFIDAVIT of Joshua S. Hackman in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa)
July 31, 2009 Opinion or Order Filing 255 REPLY AFFIDAVIT of John R. Menz in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Driscoll, Melissa)
July 31, 2009 Opinion or Order Filing 254 REPLY MEMORANDUM OF LAW in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa)
July 30, 2009 Opinion or Order Filing 253 SEALED DOCUMENT placed in vault.(dn)
July 30, 2009 Opinion or Order Filing 252 CERTIFICATE OF SERVICE of Andrew M. Scott, dated July 23, 2009, #243 #244 . Service was made by Federal Express. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 24, 2009 Opinion or Order Filing 251 SEALED DOCUMENT placed in vault.(jri)
July 24, 2009 Opinion or Order Filing 250 CERTIFICATE OF SERVICE on July 24, 2009. Document filed by Citibank, N.A.. (Foley, Carolyn)
July 24, 2009 Opinion or Order Filing 249 DECLARATION of William Klimashousky in Opposition re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Citibank, N.A.. (Foley, Carolyn)
July 24, 2009 Opinion or Order Filing 248 DECLARATION of Maximiliano D'Auro in Opposition re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1)(Foley, Carolyn)
July 24, 2009 Opinion or Order Filing 247 DECLARATION of Carolyn K. Foley in Opposition re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Foley, Carolyn)
July 24, 2009 Opinion or Order Filing 246 MEMORANDUM OF LAW in Opposition re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Citibank, N.A.. (Foley, Carolyn)
July 24, 2009 Opinion or Order Filing 245 MANDATE of USCA (Certified Copy) as to #229 Notice of Appeal filed by Citibank, N.A. 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 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #245 USCA Mandate,. (nd)
July 24, 2009 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 245 USCA Mandate,. (nd)
July 23, 2009 Opinion or Order Filing 244 DECLARATION of Carmine D. Boccuzzi in Opposition to Plaintiffs' Renewed Motion for Monetary Sanctions, dated July 23, 2009 in Opposition re: #230 MOTION for Sanctions -Motion to Renew Request for Monetary Sanctions against the Republic of Argentina.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 23, 2009 Opinion or Order Filing 243 MEMORANDUM OF LAW in Opposition re: #230 MOTION for Sanctions -Motion to Renew Request for Monetary Sanctions against the Republic of Argentina.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
July 23, 2009 Opinion or Order Filing 242 AFFIDAVIT OF SERVICE of 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) served on Counsel fo Record on July 23, 2009. Service was made by Mail. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
July 23, 2009 Opinion or Order Filing 241 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 Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
July 13, 2009 Opinion or Order Filing 240 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 13, 2009 Opinion or Order Filing 239 DECLARATION of John R. Menz in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit)(Driscoll, Melissa)
July 10, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Melissa Driscoll to RE-FILE Document 236 Declaration in Support of Motion. ERROR(S): Exhibits must be filed as attachments to the document they support. (jar)
July 10, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Melissa Driscoll to RE-FILE Document 237 Declaration in Support of Motion. ERROR(S): Exhibits must be filed as attachments to the document they support. (jar)
July 10, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Melissa Driscoll to RE-FILE Document #236 Declaration in Support of Motion. ERROR(S): Exhibits must be filed as attachments to the document they support. (jar)
July 10, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Melissa Driscoll to RE-FILE Document #237 Declaration in Support of Motion. ERROR(S): Exhibits must be filed as attachments to the document they support. (jar)
July 10, 2009 Opinion or Order Filing 238 CERTIFICATE OF SERVICE of Motion To Hold Citibank, N.A. In Contempt served on Citibank, N.A. on July 10, 2009. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa)
July 10, 2009 Opinion or Order Filing 237 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Exhibits to Dec. of John R. Menz in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa) Modified on 7/13/2009 (jar).
July 10, 2009 Opinion or Order Filing 236 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John R. Menz in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa) Modified on 7/13/2009 (jar).
July 10, 2009 Opinion or Order Filing 235 MEMORANDUM OF LAW in Support re: #234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Driscoll, Melissa)
July 10, 2009 Opinion or Order Filing 234 MOTION for Sanctions To Hold Citibank, N.A. In Contempt. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Return Date set for 8/3/2009 at 09:30 AM.(Driscoll, Melissa)
July 2, 2009 Opinion or Order Filing 233 CERTIFICATE OF SERVICE of Notice of Motion to Renew the Aurelius Plaintiff's Request for Monetary Sanctions against the Republic of Argentina, Memorandum of Law in Support and Ostrager Declaration served on Cleary Gottlieb Steen & Hamilton LLP on 7/02/2009. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
July 2, 2009 Opinion or Order Filing 232 DECLARATION of Barry R. Ostrager in Support re: #230 MOTION for Sanctions -Motion to Renew Request for Monetary Sanctions against the Republic of Argentina.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ostrager, Barry)
July 2, 2009 Opinion or Order Filing 231 MEMORANDUM OF LAW in Support re: #230 MOTION for Sanctions -Motion to Renew Request for Monetary Sanctions against the Republic of Argentina.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
July 2, 2009 Opinion or Order Filing 230 MOTION for Sanctions -Motion to Renew Request for Monetary Sanctions against the Republic of Argentina. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC.(Ostrager, Barry)
June 15, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 229 Notice of Appeal. (nd)
June 15, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 229 Notice of Appeal. (nd)
June 15, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #229 Notice of Appeal. (nd)
June 15, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #229 Notice of Appeal. (nd)
June 11, 2009 Opinion or Order Filing 229 NOTICE OF APPEAL from #209 Order. Document filed by Citibank, N.A.. Filing fee $ 455.00, receipt number E 690695. Copies of Notice of Appeal mailed to attorney(s) of record: Menz Bonner& Komar LLP. (nd)
June 10, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 214 Notice of Appeal. (tp)
June 10, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 214 Notice of Appeal. (tp)
June 10, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #214 Notice of Appeal. (tp)
June 10, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #214 Notice of Appeal. (tp)
June 8, 2009 Opinion or Order Filing 223 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 Aurelius Capital Master, Ltd. (ldi)
June 8, 2009 Opinion or Order Filing 222 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG New York, CEDEAR Depositary on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Master, Ltd. (ldi)
June 8, 2009 Opinion or Order Filing 221 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Trust Company Americas on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Master, Ltd.(ldi)
June 8, 2009 Opinion or Order Filing 220 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Master, Ltd. (ldi)
June 8, 2009 Opinion or Order Filing 219 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Securities Inc. on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Master, Ltd. (ldi)
June 8, 2009 Opinion or Order Filing 218 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Securities Inc. on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Partners LP. (ldi)
June 8, 2009 Opinion or Order Filing 217 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank Trust Company Americas on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Partners LP. (ldi)
June 8, 2009 Opinion or Order Filing 216 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG New York, CEDEAR Depositary on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Partners LP. (ldi)
June 8, 2009 Opinion or Order Filing 215 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Deutsche Bank AG on 5/5/09. Service was accepted by Ms. D. Paccelo (legal). Document filed by Aurelius Capital Partners LP. (ldi)
June 8, 2009 Opinion or Order Filing 214 NOTICE OF APPEAL from #135 Memorandum & Opinion, #178 Order, #169 Order, #211 Order. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. (tp)
June 1, 2009 Opinion or Order Filing 212 NOTICE OF APPEARANCE by Jonathan Allen Willens on behalf of The Republic of Argentina (Willens, Jonathan)
May 29, 2009 Opinion or Order Filing 211 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 210 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 209 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 Opinion or Order Filing 208 NOTICE OF APPEARANCE by Susan Marie Cordaro on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Attachments: #1 Certificate of Service)(Cordaro, Susan)
May 28, 2009 Opinion or Order Filing 207 NOTICE of Withdrawal of Counsel. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
May 28, 2009 Opinion or Order Filing 206 REPLY AFFIDAVIT of John R. Menz in Support re: #187 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
May 28, 2009 Opinion or Order Filing 205 REPLY MEMORANDUM OF LAW in Support re: #187 Order to Show Cause,, to Compel Citibank, N.A. to Comply With Non-Party Subpoena and For Costs and Attorneys Fees. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
May 27, 2009 Opinion or Order Filing 204 CERTIFICATE OF SERVICE served on Simpson Thatcher & Bartlett LLP #201 #202 #203 on May 27, 2009. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 27, 2009 Opinion or Order Filing 203 DECLARATION of Carmine D. Boccuzzi in Opposition re: #188 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A - P, #2 Exhibit Q - DD, #3 Exhibit EE - HH)(Boccuzzi, Carmine)
May 27, 2009 Opinion or Order Filing 202 MEMORANDUM OF LAW in Opposition re: #188 Order to Show Cause,,,, , dated May 27, 2009. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 27, 2009 Opinion or Order Filing 201 DECLARATION of Fabian G. Dall'O in Opposition re: #188 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Boccuzzi, Carmine)
May 27, 2009 Opinion or Order Filing 200 DECLARATION of Barry R. Ostrager (Supplemental) in Support re: #188 Order to Show Cause,,,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
May 27, 2009 Opinion or Order Filing 199 REPLY MEMORANDUM OF LAW re: #188 Order to Show Cause,,,,., REPLY MEMORANDUM OF LAW in Support. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
May 27, 2009 Opinion or Order Filing 198 DECLARATION of Patrick D. Bonner, Jr. in Support re: #187 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
May 27, 2009 Opinion or Order Filing 197 MEMORANDUM OF LAW in Support re: #187 Order to Show Cause,, to Compel Non-Party Citibank N.A. to Comply With Non-Party Subpoena. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Driscoll, Melissa)
May 26, 2009 Opinion or Order Filing 192 AFFIDAVIT OF SERVICE of Order to Show Cause, Ostrager Declaration and Memorandum of Law in Support of the Aurelius Plaintiffs' Order to Show Cause served on Cleary Gottlieb Steen & Hamilton LLP on 5/19/2009. Service was accepted by Sara Sanchez. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
May 26, 2009 Opinion or Order Filing 191 DECLARATION of Barry R. Ostrager in Support re: #188 Order to Show Cause,,,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., 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)(Ostrager, Barry)
May 26, 2009 Opinion or Order Filing 190 MEMORANDUM OF LAW in Support re: #188 Order to Show Cause,,,, of the Aurelius Plaintiffs' For A Finding of Civil Contempt and For Sanctions Against The Republic of Argentina. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
May 22, 2009 Opinion or Order Filing 228 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas on 5/20/09. Service was accepted by Rene Bennet. Document filed by Aurelius Capital Master, Ltd. (mro)
May 22, 2009 Opinion or Order Filing 227 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bilbao Vizcaya Argentaria, S.A., New York Branch on 5/20/09. Service was accepted by Pilar Ortero, legal. Document filed by Aurelius Capital Master, Ltd. (mro)
May 22, 2009 Opinion or Order Filing 226 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 Aurelius Capital Partners LP. (mro)
May 22, 2009 Opinion or Order Filing 225 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas on 5/20/09. Service was accepted by Rene Bennet. Document filed by Aurelius Capital Partners LP. (mro)
May 22, 2009 Opinion or Order Filing 224 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bilbao Vizcaya Argentaria, S.A. on 5/20/09. Service was accepted by Pilar Ortero, legal. Document filed by Aurelius Capital Master, Ltd. (mro)
May 22, 2009 Opinion or Order Filing 213 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 Aurelius Capital Master, Ltd. (ldi)
May 22, 2009 Opinion or Order Filing 194 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. Document filed by Aurelius Capital Partners LP. (tro)
May 22, 2009 Opinion or Order Filing 193 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bilbao Vizcaya on 5/20/09. Service was accepted by Pilar Otero (Legal). Document filed by Aurelius Capital Partners LP. (tro)
May 22, 2009 Opinion or Order Filing 189 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Maritime Attachment served on The Republic of Argentina on 5/20/09. Service was accepted by Pilar Ortero/Legal. Document filed by Aurelius Capital Partners LP. (jab)
May 22, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Patrick D. Bonner to RE-FILE Document 185 Memorandum of Law in Support of Motion. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers, then link to 187 Order to Show Cause. (db)
May 22, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Patrick D. Bonner. The Order to Show Cause has been filed already Document No. 184 Order to Show Cause. This document is not filed via ECF by any party. (db)
May 22, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Patrick D. Bonner to RE-FILE Document #185 Memorandum of Law in Support of Motion. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers, then link to #187 Order to Show Cause. (db)
May 22, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Patrick D. Bonner to RE-FILE Document #186 Declaration in Support of Motion. Use the event type Declaration in Support (non-motion) found under the event list Other Answers, then link to #187 Order to Show Cause. (db)
May 22, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Patrick D. Bonner. The Order to Show Cause has been filed already Document No. #184 Order to Show Cause. This document is not filed via ECF by any party. (db)
May 22, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Patrick D. Bonner to RE-FILE Document 186 Declaration in Support of Motion. Use the event type Declaration in Support (non-motion) found under the event list Other Answers, then link to 187 Order to Show Cause. (db)
May 22, 2009 Opinion or Order Filing 187 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 22, 2009 Opinion or Order Filing 186 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Patrick D. Bonner, Jr. in Support re: #184 MOTION to Compel Order To Show Cause to Compel Non-Party Citibank N.A. to Comply With Non-Party Subpoena. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (Bonner, Patrick) Modified on 5/26/2009 (db).
May 22, 2009 Opinion or Order Filing 185 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #184 MOTION to Compel Order To Show Cause to Compel Non-Party Citibank N.A. to Comply With Non-Party Subpoena. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (Bonner, Patrick) Modified on 5/26/2009 (db).
May 22, 2009 Opinion or Order Filing 184 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Compel Order To Show Cause to Compel Non-Party Citibank N.A. to Comply With Non-Party Subpoena. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd..(Bonner, Patrick) Modified on 5/26/2009 (db).
May 22, 2009 Opinion or Order Filing 183 NOTICE of Extension of Time for Return of Writs of Execution. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Bonner, Patrick)
May 21, 2009 Opinion or Order Filing 196 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. Document filed by Aurelius Capital Master, Ltd.(mro)
May 21, 2009 Opinion or Order Filing 195 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco Bibao Vizcaya Argentaria, S.A., New York Branch on 5/20/09. Service was accepted by Pilar Otero, Legal. Document filed by Aurelius Capital Partners LP. (mro)
May 20, 2009 Opinion or Order Filing 188 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 178 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 177 ORDER TO SHOW CAUSE filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., 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)
May 1, 2009 Opinion or Order Filing 176 DECLARATION of Barry R. Ostrager in Support re: #150 Order to Show Cause,,,,,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Part 1 of 4), #6 Exhibit 5 (Part 2 of 4), #7 Exhibit 5 (Part 3 of 4), #8 Exhibit 5 (Part 4 of 4), #9 Exhibit 6)(Ostrager, Barry)
May 1, 2009 Opinion or Order Filing 174 REPLY MEMORANDUM OF LAW in Support re: #150 Order to Show Cause,,,,,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
April 30, 2009 Opinion or Order Filing 168 DECLARATION of Marco E. Schnabl [Supplemental] re: #150 Order to Show Cause,,,,,, #161 Declaration, 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. (Aguiar, Lauren)
April 29, 2009 Opinion or Order Filing 162 DECLARATION of Sergio Chodos in Opposition re: #150 Order to Show Cause,,,,,,. Document filed by Administracion Nacional de Seguridad Social. (Attachments: #1 ( Certificate of Service ))(Aguiar, Lauren)
April 29, 2009 Opinion or Order Filing 161 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 re: #150 Order to Show Cause,,,,,,. Document filed by Administracion Nacional de Seguridad Social. (Attachments: #1 ( Certificate of Service ))(Aguiar, Lauren)
April 29, 2009 Opinion or Order Filing 160 MEMORANDUM OF LAW in Opposition re: #150 Order to Show Cause,,,,,,. Document filed by Administracion Nacional de Seguridad Social. (Attachments: #1 ( Certificate of Service ))(Aguiar, Lauren)
April 29, 2009 Opinion or Order Filing 157 AFFIDAVIT OF SERVICE of Order to Show Cause, Memorandum of Law in Support and Ostrager Declaration served on Cleary Gottlieb on 04/24/2009. Service was accepted by Melissa Durkee. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
April 29, 2009 Opinion or Order Filing 156 AFFIDAVIT OF SERVICE of Order to Show Cause, Memorandum of Law in Support and Ostrager Declaration served on Skadden Arps on 04/24/2009. Service was accepted by Sanousy Drame. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
April 29, 2009 Opinion or Order Filing 155 DECLARATION of Barry R. Ostrager in Support re: #150 Order to Show Cause,,,,,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
April 29, 2009 Opinion or Order Filing 154 MEMORANDUM OF LAW re: #150 Order to Show Cause,,,,,, Memorandum of Law in Support of Plaintiffs' Order to Show Cause. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
April 29, 2009 Opinion or Order Filing 153 CERTIFICATE OF SERVICE of Memorandum of Law #152 on April 29, 2009. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
April 29, 2009 Opinion or Order Filing 152 MEMORANDUM OF LAW in Opposition re: #150 Order to Show Cause,,,,,, dated April 29, 2009,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
April 29, 2009 Opinion or Order Filing 151 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 Opinion or Order Filing 150 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 169 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 17, 2009 Opinion or Order Filing 166 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Lehman Brothers Trust Company, National Association on 3/30/09. Service was accepted by Kristen D. Koppenhaver, paralegal. Document filed by Aurelius Capital Partners LP. (mro)
April 9, 2009 Opinion or Order Filing 182 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 Aurelius Capital Partners LP. (ldi)
April 9, 2009 Opinion or Order Filing 179 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attempted service on Barclays Global Investors, N.A. on 3/30/09 of Execution. *Refused service. Document filed by Aurelius Capital Partners LP. (tro)
April 9, 2009 Opinion or Order Filing 175 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Barclays Global Fund Advisors. Attempted service of Execution. Service was attempted on 3/30/09 (refused service). Document filed by Aurelius Capital Partners LP. (mro)
April 9, 2009 Opinion or Order Filing 173 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 Aurelius Capital Master, Ltd.(mro)
April 9, 2009 Opinion or Order Filing 149 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Lehman Brothers Trust Company, National Association on 3/30/09. Service was accepted by Kristen D. Koppenhaver, paralegal. Document filed by Aurelius Capital Master, Ltd. (mro)
April 9, 2009 Opinion or Order Filing 148 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 Aurelius Capital Partners LP. (mro)
April 9, 2009 Opinion or Order Filing 147 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on iShares Trust on 3/30/09. Service was accepted by Daniel Raspar (Assistant Property Manager). Document filed by Aurelius Capital Partners LP. (js)
April 9, 2009 Opinion or Order Filing 146 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Barclays Bank PLC on 3/30/2009. Service was accepted by Mr. C. Sethi, Legal. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (jfe)
April 9, 2009 Opinion or Order Filing 142 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 Aurelius Capital Master, Ltd. (tro)
April 9, 2009 Opinion or Order Filing 141 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED re: Execution; I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named herein: Barclays Global Fund Advisors; Reason: Refused Service on 3/30/09. Document Filed By Aurelis Capital Master, Ltd. (tro)
April 7, 2009 Opinion or Order Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #136 2nd Amended Notice of Appeal. (nd)
April 7, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 136 2nd Amended Notice of Appeal. (nd)
April 7, 2009 Opinion or Order Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 136 2nd Amended Notice of Appeal. (nd)
April 7, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #136 2nd Amended Notice of Appeal. (nd)
April 3, 2009 Opinion or Order Filing 136 SECOND AMENDED NOTICE OF APPEAL re: #59 Notice of Appeal, #71 Amended Notice of Appeal, #98 Order. Document filed by Administracion Nacional de Seguridad Social. (nd) Modified on 4/7/2009 (nd).
April 3, 2009 Opinion or Order Filing 135 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 Opinion or Order Filing 181 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Trade Services Corporation on 3/19/09. Service was accepted by Ms. P. Pena. Document filed by Aurelius Capital Partners LP. (ldi)
April 2, 2009 Opinion or Order Filing 180 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of America Securities LLC on 3/19/09. Document filed by Aurelius Capital Partners LP. (ldi)
April 2, 2009 Opinion or Order Filing 172 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Standard Bank of South Africa Limited on 3/19/09. Service was accepted by K. Rosenblatt, Compliance Associate. Document filed by Aurelius Capital Partners LP. (mro)
April 2, 2009 Opinion or Order Filing 171 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Holdings, Inc on 3/19/09. Service was accepted by Paula Pena, legal. Document filed by Aurelius Capital Master, Ltd. (mro)
April 2, 2009 Opinion or Order Filing 170 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas Securities Corporation on 3/19/09. Service was accepted by Ms. Bennett. Document filed by Aurelius Capital Master, Ltd. (mro)
April 2, 2009 Opinion or Order Filing 167 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Trade Services Corporation on 3/19/09. Service was accepted by Ms. P. Pena. Document filed by Aurelius Capital Partners LP. (mro)
April 2, 2009 Opinion or Order Filing 165 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 Frances Connors. Document filed by Aurelius Capital Partners LP. (mro)
April 2, 2009 Opinion or Order Filing 164 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas Prime Brokerage, Inc on 3/19/09. Service was accepted by Mr. Bennett. Document filed by Aurelius Capital Partners LP. (mro)
April 2, 2009 Opinion or Order Filing 163 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 Aurelius Capital Partners LP. (mro)
April 2, 2009 Opinion or Order Filing 159 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banc of America Securities LLC on 3/19/2009. Service was accepted by David Fuherman Assoc. Gen. Counsel. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (jfe)
April 2, 2009 Opinion or Order Filing 158 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BBV A Group on 3/20/2009. Service was accepted by Pilar Eter (Labor Services). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (jfe)
April 2, 2009 Opinion or Order Filing 145 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BBVA Securities Inc. on 3/20/09. Service was accepted by Pilar Otero (Legal Services). Document filed by Aurelius Capital Master, Ltd. (js)
April 2, 2009 Opinion or Order Filing 144 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Aurelius Partners LP on 3/20/09. Service was accepted by Pliar Otero (Legal Services). Document filed by Aurelius Capital Partners LP. (js)
April 2, 2009 Opinion or Order Filing 143 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BBVA Group on 3/20/09. Service was accepted by Pilar Opero (Legal Services). Document filed by Aurelius Capital Master, Ltd. (js)
April 2, 2009 Opinion or Order Filing 140 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas Securities Corporation on 3/19/09. Service was accepted by Ms. Bennett. Document filed by Aurelius Capital Partners LP. (js)
April 2, 2009 Opinion or Order Filing 139 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Holdings, Inc. on 3/19/09. Service was accepted by Ms. P. Pena. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (dle)
April 2, 2009 Opinion or Order Filing 138 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas, New York Branch on 3/19/09. Service was accepted by Ms. Bennett. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (dle)
April 2, 2009 Opinion or Order Filing 137 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas Prime Brokerage, Inc. on 3/19/09. Service was accepted by Ms. Bennett. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (dle)
April 2, 2009 Opinion or Order Filing 134 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on BNP Paribas, New York Branch on 3/19/09. Service was accepted by Ms. Bennett. Document filed by Aurelius Capital Partners LP. (mro)
April 2, 2009 Opinion or Order Filing 133 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 Aurelius Capital Master, Ltd. (mro)
April 2, 2009 Opinion or Order Filing 132 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, V.P. Document filed by Aurelius Capital Master, Ltd. (mro)
April 2, 2009 Opinion or Order Filing 131 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)
April 1, 2009 Opinion or Order Filing 130 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED mailed copies of paperwork to Defendants' Attorney served on The Republic of Argentina on 3/12/2009. Service was made by mail. Document filed by Aurelius Capital Master, Ltd.. (jmi)
March 31, 2009 Opinion or Order Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #129 Amended Notice of Appeal. (nd)
March 31, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 129 Amended Notice of Appeal. (nd)
March 31, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #129 Amended Notice of Appeal. (nd)
March 31, 2009 Opinion or Order Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 129 Amended Notice of Appeal. (nd)
March 27, 2009 Opinion or Order Filing 129 SECOND AMENDED NOTICE OF APPEAL re: #58 Notice of Appeal, #65 Amended Notice of Appeal, #98 Order. Document filed by The Republic of Argentina. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP. (nd)
March 27, 2009 Opinion or Order Filing 128 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Bank of New York on 3/12/09. Service was accepted by Ms. A. M. D'Angelo, customer service. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 127 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 Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 126 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 Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 125 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of America, N.A. on 3/12/09. Service was accepted by Mark F. Borowski, legal. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 124 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, credit department. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 123 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Bank of New York on 3/12/09. Service was accepted by Ms. A. M. D'Angelo, customer service. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 122 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Standard Bank of South Africa Limited on 3/13/09. Service was accepted by Ms. R. Rosenblatt. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 121 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Standard Chartered Bank on 3/13/09. Service was accepted by Johanna Terrero, Sr. legal assistant. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 120 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 Mr. M. Arroyo, legal. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 119 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, credit department. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 118 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Bank of America, N.A. on 3/12/09. Service was accepted by Mark F. Borowski, legal. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 117 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 Ms. V. Muakalli. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 116 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 Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 115 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 Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 114 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 Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 113 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Bank USA N.A. on 3/12/09. Service was accepted by Ms. A. M. D'Angelo, customer service. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 112 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Securities (USA), Inc. on 3/12/09. Service was accepted by Ms. A. M. D'Angelo, customer service. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 111 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, clerk. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 110 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina, c/o Banco de la Nacion Argentina on 3/13/09. Service was accepted by Mr. R. H. Barrientos, V.P. Document filed by Aurelius Capital Partners LP. (mro)
March 27, 2009 Opinion or Order Filing 109 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 Ms. V. Muakalli. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 108 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 Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 107 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 Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 106 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 Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 105 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Securities (USA), Inc. on 3/12/09. Service was accepted by Ms. A. M. D'Angelo, customer service. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 104 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on HSBC Bank USA N.A. on 3/12/09. Service was accepted by Ms. A. M. D'Angelo, customer service. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 103 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, clerk. Document filed by Aurelius Capital Master, Ltd. (mro)
March 27, 2009 Opinion or Order Filing 102 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on The Republic of Argentina, c/o Banco de la Nacion Argentina on 3/13/09. Service was accepted by Mr. R. H. Barrientos. Document filed by Aurelius Capital Master, Ltd. (mro)
March 17, 2009 Opinion or Order Filing 101 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 100 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 99 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 98 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 Opinion or Order Filing 97 NOTICE OF CHANGE OF ADDRESS by Patrick D. Bonner, Jr on behalf of all plaintiffs. 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 Opinion or Order Filing 96 REPLY MEMORANDUM OF LAW in Support re: #87 MOTION to Quash Subpoenas.. Document filed by Administracion Nacional de Seguridad Social. (Aguiar, Lauren)
February 26, 2009 Opinion or Order Filing 95 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 respond (reply) to Plaintiffs' Opposition to Non-party ANSES's Motion to Quash. ENDORSEMENT: Approved. Set Deadlines/Hearing as to #87 MOTION to Quash Subpoenas. ( Reply due by 2/26/2009.) (Signed by Judge Thomas P. Griesa on 2/25/09) (cd)
February 24, 2009 Opinion or Order Filing 94 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 23, 2009 Opinion or Order Filing 93 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition to Cross-Motion of NML Capital, Ltd. to Confirm Priority. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
February 23, 2009 Opinion or Order Filing 92 DECLARATION of David Elbaum in Opposition re: #87 MOTION to Quash Subpoenas.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Elbaum, David)
February 23, 2009 Opinion or Order Filing 91 DECLARATION of Patrick D. Bonner in Opposition re: #87 MOTION to Quash Subpoenas.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
February 23, 2009 Opinion or Order Filing 90 MEMORANDUM OF LAW in Opposition re: #87 MOTION to Quash Subpoenas.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
February 10, 2009 Opinion or Order Filing 89 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 10, 2009 Opinion or Order Filing 88 MEMORANDUM OF LAW in Support re: #87 MOTION to Quash Subpoenas.. Document filed by Administracion Nacional de Seguridad Social. (Attachments: #1 Affidavit Of Service)(Aguiar, Lauren)
February 10, 2009 Opinion or Order Filing 87 MOTION to Quash Subpoenas. Document filed by Administracion Nacional de Seguridad Social. (Attachments: #1 Affidavit Of Service)(Aguiar, Lauren)
February 4, 2009 Opinion or Order Filing 86 DECLARATION of Erin M. Bradrick, Supplemental, in Support re: #66 MOTION Confirm Priority.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
February 4, 2009 Opinion or Order Filing 85 REPLY MEMORANDUM OF LAW in Support re: #66 MOTION Confirm Priority. Omnibus Reply Memorandum in In Further Support. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry)
January 29, 2009 Opinion or Order Filing 84 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 Opinion or Order Set/Reset Deadlines: ( Replies due by 2/4/2009.) (jfe)
January 26, 2009 Opinion or Order DECLARATION of Erin Bradrick. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Original document filed in case #07cv2715, document#88. (dle)
January 26, 2009 Opinion or Order Filing 83 NOTICE OF APPEARANCE by Patrick D. Bonner, Jr on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (Bonner, Patrick)
January 23, 2009 Opinion or Order Filing 82 MEMORANDUM OF LAW in Opposition re: #66 MOTION Confirm Priority.. Document filed by NML CAPITAL LTD.,. (Poret, Charles)
January 23, 2009 Opinion or Order Filing 81 DECLARATION of Patrick M. Connors in Opposition re: #66 MOTION Confirm Priority.. Document filed by NML CAPITAL LTD.,. (Poret, Charles)
January 23, 2009 Opinion or Order Filing 80 DECLARATION of Eric C. Kirsch in Opposition re: #66 MOTION Confirm Priority.. Document filed by NML CAPITAL, LTD.,, NML CAPITAL LTD.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Poret, Charles)
January 22, 2009 Opinion or Order 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 Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (orig. docketed in 07cv2715 as document #89). (pl)
January 22, 2009 Opinion or Order Filing 79 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 77 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 9, 2009 Opinion or Order Filing 78 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, dated January 2, 2009. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC.(mme)
January 9, 2009 Opinion or Order Filing 76 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 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #75 Amended Notice of Appeal. (tp)
January 9, 2009 Opinion or Order First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #61 Appeal Record Sent to USCA - Index, #62 Order, #64 Declaration filed by The Republic of Argentina, #73 Memorandum of Law in Opposition to Motion filed by GMO Emerging Country Debt LP, #74 Declaration in Opposition to Motion, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #68 Declaration in Support of Motion, filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #67 Memorandum of Law in Support of Motion filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #71 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #66 MOTION Confirm Priority. filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #75 Amended Notice of Appeal, filed by Consolidar AFJP S.A., Origenes AFJP S.A., Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Maxima AFJP S.A., Met AFJP S.A., #70 Memorandum & Opinion, #72 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #65 Amended Notice of Appeal filed by The Republic of Argentina, #63 Order, were transmitted to the U.S. Court of Appeals. (tp)
January 9, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 75 Amended Notice of Appeal. (tp)
January 9, 2009 Opinion or Order First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 61 Appeal Record Sent to USCA - Index, 62 Order, 64 Declaration filed by The Republic of Argentina, 73 Memorandum of Law in Opposition to Motion filed by GMO Emerging Country Debt LP, 74 Declaration in Opposition to Motion, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, 68 Declaration in Support of Motion, filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., 67 Memorandum of Law in Support of Motion filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., 71 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, 66 MOTION Confirm Priority. filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., 75 Amended Notice of Appeal, filed by Consolidar AFJP S.A., Origenes AFJP S.A., Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Maxima AFJP S.A., Met AFJP S.A., 70 Memorandum & Opinion, 72 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, 65 Amended Notice of Appeal filed by The Republic of Argentina, 63 Order, were transmitted to the U.S. Court of Appeals. (tp)
January 9, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #75 Amended Notice of Appeal. (tp)
January 9, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 75 Amended Notice of Appeal. (tp)
January 8, 2009 Opinion or Order Filing 75 AMENDED NOTICE OF APPEAL re: #60 Notice of Appeal, 28 Order to Show Cause, #70 Memorandum & Opinion. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Unidos S.A. AFJP, Previsol AFJP S.A. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp)
January 8, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Dunn to RE-FILE Document #73 Memorandum of Law in Opposition to Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar)
January 8, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Dunn to RE-FILE Document 73 Memorandum of Law in Opposition to Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar)
January 8, 2009 Opinion or Order Filing 74 DECLARATION of David Dunn in Opposition re: #66 MOTION Confirm Priority.. 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)
January 8, 2009 Opinion or Order Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #66 MOTION Confirm Priority.. Document filed by GMO Emerging Country Debt LP. (Attachments: #1 Certificate of Service)(Dunn, David) Modified on 1/9/2009 (jar).
January 6, 2009 Opinion or Order 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 Opinion or Order Filing 72 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 30, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 71 Amended Notice of Appeal. (nd)
December 30, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #71 Amended Notice of Appeal. (nd)
December 30, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 71 Amended Notice of Appeal. (nd)
December 30, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #71 Amended Notice of Appeal. (nd)
December 18, 2008 Opinion or Order Filing 71 AMENDED NOTICE OF APPEAL re: #59 Notice of Appeal, Writ of Execution Issued, #70 Memorandum & Opinion. Document filed by Administracion Nacional de Seguridad Social. (nd)
December 18, 2008 Opinion or Order Filing 68 DECLARATION of Barry R. Ostrager in Support re: #66 MOTION Confirm Priority.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-J, #2 Exhibit K-P)(Ostrager, Barry)
December 18, 2008 Opinion or Order Filing 67 MEMORANDUM OF LAW in Support re: #66 MOTION Confirm Priority.. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
December 18, 2008 Opinion or Order Filing 66 MOTION Confirm Priority. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Return Date set for 1/14/2009 at 09:30 AM.(Ostrager, Barry)
December 18, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #65 Amended Notice of Appeal. (tp)
December 18, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #65 Amended Notice of Appeal. (tp)
December 18, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 65 Amended Notice of Appeal. (tp)
December 18, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 65 Amended Notice of Appeal. (tp)
December 16, 2008 Opinion or Order Filing 69 DECLARATION of Rahul Mukhi. Document filed by The Republic of Argentina. (pl)
December 16, 2008 Opinion or Order Filing 65 AMENDED NOTICE OF APPEAL re: #58 Notice of Appeal, #63 Order as further set forth herein. Document filed by The Republic of Argentina. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP. (tp)
December 12, 2008 Opinion or Order Filing 64 DECLARATION of Rahul Mukhi with Exhibits A-E, dated December 12, 2008. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
December 11, 2008 Opinion or Order Filing 70 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 63 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 Opinion or Order Filing 62 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 12/11/08) (mme)
December 11, 2008 Opinion or Order Appeal Record Sent to USCA (File). Indexed record on Appeal Files for #59 Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5626-cv, were transmitted to the U.S. Court of Appeals. (Total of 1 volume of records delivered to V. Mathias of USCA on 12/11/2008) (nd)
December 11, 2008 Opinion or Order Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 59 Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5626-cv, were transmitted to the U.S. Court of Appeals. (Total of 1 volume of records delivered to V. Mathias of USCA on 12/11/2008) (nd)
December 8, 2008 Opinion or Order TRANSCRIPT of proceedings held on 11/25/08 before Judge Thomas P. Griesa. (Original Transcript filed in 07cv2693 doc.#47)(ama)
December 8, 2008 Opinion or Order TRANSCRIPT of proceedings held on 11/14/08 before Judge Thomas P. Griesa. (Original Transcript filed in 07cv2693 doc.#46)(ama)
December 3, 2008 Opinion or Order Filing 61 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #58 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-5626, 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 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 60 Notice of Appeal,. (nd)
November 26, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #60 Notice of Appeal,. (nd)
November 26, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #60 Notice of Appeal,. (nd)
November 26, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 60 Notice of Appeal,. (nd)
November 25, 2008 Opinion or Order TRANSCRIPT of proceedings held on 11/14/08 before Judge Thomas P. Griesa. Original Transcript filed in case 07cv2693 doc.# 43(ama)
November 24, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 59 Notice of Appeal. (nd)
November 24, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 59 Notice of Appeal. (nd)
November 24, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #59 Notice of Appeal. (nd)
November 24, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #59 Notice of Appeal. (nd)
November 21, 2008 Opinion or Order Filing 60 NOTICE OF APPEAL from 28 Order to Show Cause,,. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. Filing fee $ 455.00, receipt number E 670579. (nd)
November 21, 2008 Opinion or Order Filing 59 NOTICE OF APPEAL from 28 Order to Show Cause,,. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 670533. (nd)
November 20, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 58 Notice of Appeal. (tp)
November 20, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 58 Notice of Appeal. (tp)
November 20, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #58 Notice of Appeal. (tp)
November 20, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #58 Notice of Appeal. (tp)
November 19, 2008 Opinion or Order Filing 58 NOTICE OF APPEAL from 28 Order to Show Cause. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 669198. Copies mailed to attorney(s) of record: Simpson Thacher & Bartlett LLP. (tp)
November 14, 2008 Opinion or Order Filing 57 DECLARATION of Barry R. Ostrager (Supplemental with Exhibits - Part 2 of 2) Exhibit O in Support re: #56 Declaration in Opposition,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit P-Q, #2 Exhibit S-T, #3 Exhibit U-W, #4 Exhibit X-Z)(Ostrager, Barry)
November 14, 2008 Opinion or Order Filing 56 DECLARATION of Barry R. Ostrager (Supplemental with Exhibits - Part 1 of 2) in Opposition re: #54 Declaration in Support, 28 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-C, #2 Exhibit D - Part 1 of 3, #3 Exhibit D - Part 2 of 3, #4 Exhibit D - Part 3 of 3, #5 Exhibit E, #6 Exhibit F-J, #7 Exhibit K-N)(Ostrager, Barry)
November 14, 2008 Opinion or Order Filing 55 CERTIFICATE OF SERVICE of Andrew M. Scott, dated November 12, 2008, #42 #43 #46 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 13, 2008 Opinion or Order Filing 54 DECLARATION of Barry R. Ostrager (Supplemental) in Support re: 28 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
November 13, 2008 Opinion or Order Filing 53 REPLY MEMORANDUM OF LAW in Support re: 28 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
November 13, 2008 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Laura Mary Lestrade on behalf of Nacion AFJP S.A., Previsol AFJP S.A. (Lestrade, Laura)
November 12, 2008 Opinion or Order Filing 51 DECLARATION of DRA. Lucia Pettis in Opposition re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008.. Document filed by Previsol AFJP S.A.. (Sullivan, Mark)
November 12, 2008 Opinion or Order Filing 50 DECLARATION of DRA. Marcela Andrea Cauteruccio in Opposition re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008.. Document filed by Nacion AFJP S.A.. (Sullivan, Mark)
November 12, 2008 Opinion or Order Filing 49 DECLARATION of Mark S. Sullivan in Opposition re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008.. Document filed by Nacion AFJP S.A., Previsol AFJP S.A.. (Attachments: #1 Exhibit)(Sullivan, Mark)
November 12, 2008 Opinion or Order Filing 48 NOTICE OF APPEARANCE by Mark Stephen Sullivan on behalf of Nacion AFJP S.A., Previsol AFJP S.A. (Sullivan, Mark)
November 12, 2008 Opinion or Order Filing 47 MEMORANDUM OF LAW in Opposition re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008.. Document filed by Nacion AFJP S.A., Previsol AFJP S.A.. (Sullivan, Mark)
November 12, 2008 Opinion or Order Filing 46 MEMORANDUM OF LAW in Support re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008. /[Corrected] Memorandum of Law in Support of Motion to Vacate Restraining Orders and Writs of Execution, dated November 11, 2008 re #44 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 12, 2008 Opinion or Order Filing 45 NOTICE OF APPEARANCE by David Elbaum on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (Elbaum, David)
November 12, 2008 Opinion or Order Filing 44 MEMORANDUM OF LAW in Support re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 12, 2008 Opinion or Order Filing 43 DECLARATION of Adrian Esteban Cosentino in Support re: #42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008.. Document filed by The Republic of 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, #10 Exhibit 10)(Boccuzzi, Carmine)
November 12, 2008 Opinion or Order Filing 42 MOTION to Vacate Restraining Orders and Writs of Execution. Dated November 11, 2008. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
November 11, 2008 Opinion or Order Filing 41 DECLARATION of Sebastian Palla in Opposition to Plaintiffs' Motions to Restrain and Attach Funds in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. (Attachments: #1 Exhibit A)(Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 40 DECLARATION of Martin Galli in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. (Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 39 DECLARATION of Adrian Federico Alfonso in Opposition to Plaintiffs' Motions to Restrain and Attach Funds in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. (Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 38 DECLARATION of Maria Teresa Martin Yanez in Opposition to Plaintiffs' Motions to Restrain and Attach Funds in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. (Attachments: #1 Exhibit A, #2 Errata B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 37 DECLARATION of Oliver J. Armas in Opposition to Plaintiffs' Motions to Restrain and Attach Funds in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 36 MEMORANDUM OF LAW in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). Memorandum of Law in Opposition to Plaintiffs' Motions to Restrain and Attach Funds. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. (Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying BBVA Banco Frances S.A. and Banco Bilbao Vizcaya S.A. as Corporate Parent. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP.(Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 34 NOTICE OF APPEARANCE by Robert Edward Grossman 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 (Grossman, Robert) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Oliver J. Armas 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 (Armas, Oliver) Modified on 11/12/2008 (jar). Modified on 1/9/2009 (jar).
November 11, 2008 Opinion or Order Filing 32 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). Modified on 1/9/2009 (jar).
November 5, 2008 Opinion or Order TRANSCRIPT of proceedings held on 10/29/08 before Judge Thomas P. Griesa. Original filed in case no. 07cv2715 doc. no. 71. (tro)
October 31, 2008 Opinion or Order Filing 31 DECLARATION of Barry R. Ostrager in Support re: 28 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-G, #2 Exhibit H-K)(Ostrager, Barry)
October 31, 2008 Opinion or Order Filing 30 MEMORANDUM OF LAW in Support re: 28 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
October 31, 2008 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: 28 Order to Show Cause,,. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
October 30, 2008 Opinion or Order Filing 28 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 Opinion or Order Writ of Execution Issued as to Republic of Aregentina on 10/30/08 # 08,1023 in the amount of $ 70,456,464.00. (Signed by J. Michael McMahon, Clerk on 10/30/08). (dt)
October 30, 2008 Opinion or Order Writ of Execution Issued as to Republic of Aregentina on 10/30/08 # 08,1023 in the amount of $ 70,456,464.00. (Signed by J. Michael McMahon, Clerk on 10/30/08). (dt)
October 30, 2008 Opinion or Order Writ of Execution Issued as to Republic of Argentina on 10/30/08 # 08,1023 in the amount of $ 58,084,131.00. (Signed by J. Michael McMahon, Clerk on 10/30/08). (dt) Modified on 11/5/2008 (ml).
October 30, 2008 Opinion or Order Writ of Execution Issued as to Republic of Argentina on 10/30/08 # 08,1023 in the amount of $ 58,084,131.00. (Signed by J. Michael McMahon, Clerk on 10/30/08). (dt) Modified on 11/5/2008 (ml).
October 17, 2008 Opinion or Order Writ of Execution Issued as to The Republic of Argentina on 10/17/08 # 08,1023 in the amount of $ 70,456,464.00. (Signed by J. Michael McMahon, Clerk on 10/17/08) (dt)
October 17, 2008 Opinion or Order Writ of Execution Issued as to The Republic of Argentina on 10/17/08 # 08,1023 in the amount of $ 58,084,131.00. (Signed by J. Michael McMahon, Clerk on 10/17/08). (dt)
October 17, 2008 Opinion or Order Writ of Execution Issued as to The Republic of Argentina on 10/17/08 # 08,1023 in the amount of $ 58,084,131.00. (Signed by J. Michael McMahon, Clerk on 10/17/08). (dt)
October 17, 2008 Opinion or Order Writ of Execution Issued as to The Republic of Argentina on 10/17/08 # 08,1023 in the amount of $ 70,456,464.00. (Signed by J. Michael McMahon, Clerk on 10/17/08) (dt)
October 16, 2008 Opinion or Order Filing 27 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 Opinion or Order Filing 26 MEMORANDUM OF LAW in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). 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 Opinion or Order Filing 25 DECLARATION of Rahul Mukhi, dated October 3, 2008 in Opposition re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). 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 Opinion or Order Filing 24 DECLARATION of Barry R. Ostrager in Support re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Exhibit A-D, #2 Exhibit E-H)(Ostrager, Barry)
September 15, 2008 Opinion or Order Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c).. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Ostrager, Barry)
September 15, 2008 Opinion or Order Filing 22 MOTION Restyle in Part Plaintiffs' Previously-Filed Application and for an Order Pursuant to 28 U.S.C. 1610(c). Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. Return Date set for 10/6/2008 at 09:30 AM.(Ostrager, Barry)
September 11, 2008 Opinion or Order Writ of Execution Issued as to The Republic of Argentina on 9/11/08 # 08,1023 in the amount of $ 58,084,131.00 in favor of Aurelius Capital Master Ltd. and in the amount of $ 70,456,464.00 in favor of Aurelius Capital Partners, LP. (Signed by J. Michael McMahon, clerk on 9/11/08) (ml) Modified on 9/11/2008 (ml).
September 11, 2008 Opinion or Order Writ of Execution Issued as to The Republic of Argentina on 9/11/08 # 08,1023 in the amount of $ 58,084,131.00 in favor of Aurelius Capital Master Ltd. and in the amount of $ 70,456,464.00 in favor of Aurelius Capital Partners, LP. (Signed by J. Michael McMahon, clerk on 9/11/08) (ml) Modified on 9/11/2008 (ml).
June 13, 2008 Opinion or Order Filing 21 ORDER that ACP and ACM's motion for summary judgment is therefore granted. ACP is awarded damages in the amount of $31,153,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and ACM is awarded damages in the amount of $25,772,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and as further set forth in this document. (Signed by Judge John G. Koeltl, Part I on 6/13/08) (cd)
June 13, 2008 Opinion or Order Filing 20 JUDGMENT #08,1023 in favor of Aurelius Capital Master, Ltd., Aurelius Capital Partners LP, Blue Angel Capital I LLC against The Republic of Argentina in the amount of $ 128,540,595.00; to plaintiff Aurelius Capital Partners and $58,084,131 to plaintiff. (Signed by Judge John G Koeltl,Pt One on 6/13/08) (jf) (Additional attachment(s) added on 6/13/2008: #1 notice of right to appeal) (jf). Modified on 6/17/2008 (jf).
June 11, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 19 Notice of Appeal. (tp)
June 11, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 19 Notice of Appeal. (tp)
June 11, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #19 Notice of Appeal. (tp)
June 11, 2008 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #19 Notice of Appeal. (tp)
June 6, 2008 Opinion or Order Filing 19 NOTICE OF APPEAL from #9 Order to Show Cause. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 653482. Copies mailed to attorney(s) of record: Simpson Thatcher & Bartlett LLP. (tp)
April 29, 2008 Opinion or Order Filing 18 DECLARATION of Charles N. Rose [Original submitted to Court on April 28, 2008] in Support re: #14 MOTION for Summary Judgment [Original submitted to Court on April 28, 2008].. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C)(Rose, Charles)
April 29, 2008 Opinion or Order Filing 17 DECLARATION of Mark D. Brodsky [Redacted - Original Declaration filed under seal on April 28, 2008] in Support re: #14 MOTION for Summary Judgment [Original submitted to Court on April 28, 2008].. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Exhibit B-4, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Errata H)(Rieman, Walter)
April 29, 2008 Opinion or Order Filing 16 RULE 56.1 STATEMENT. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Rieman, Walter)
April 29, 2008 Opinion or Order Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION for Summary Judgment [Original submitted to Court on April 28, 2008]. [Redacted - Original Memorandum of Law filed under seal on April 28, 2008]. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Rieman, Walter)
April 29, 2008 Opinion or Order Filing 14 MOTION for Summary Judgment [Original submitted to Court on April 28, 2008]. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd..(Rieman, Walter)
April 28, 2008 Opinion or Order MEMORANDUM OF LAW in Support of Plaintiffs' Order to Show Cause. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (orig. docmt dktd in case no. 07 cv 2715, docmt #20) (djc)
April 28, 2008 Opinion or Order MEMORANDUM OF LAW in Support of Plaintiffs' Order to Show Cause. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (orig. docmt dktd in case no. 07 cv 2715, docmt #20) (djc)
April 28, 2008 Opinion or Order Filing 13 AFFIDAVIT OF SERVICE of Order to Show Cause, Memorandum of Law in Support & Ostrager Declaration served on Aurelius Capital Partners LP & Aurelius Capital Master, Ltd. on 4/25/2008. Service was accepted by Kathryn Plemich of Paul Weiss. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Ostrager, Barry)
April 28, 2008 Opinion or Order Filing 12 AFFIDAVIT OF SERVICE of Order to Show Cause, Memorandum in Support & Ostrager Declaration served on The Republic of Argentina on 4/25/2008. Service was accepted by Sue Chung of Cleary Gottlieb. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.. (Ostrager, Barry)
April 28, 2008 Opinion or Order Filing 10 STIPULATION AND PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 4/28/08) (cd)
April 28, 2008 Opinion or Order Filing 9 ORDER TO SHOW CAUSE, filed by Blue Angel Capital I LLC. Defendant shall show cause as to why an order should not be made 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 Opinion or Order NOTICE OF APPEARANCE by Barry Robert Ostrager, Tyler Brooks Robinson, Mary Kay Vyskocil on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (dle) (Original document filed in case #07cv2715 document #24)Modified on 5/5/2008 (dle).
April 25, 2008 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Tyler Brooks Robinson on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Robinson, Tyler)
April 25, 2008 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Mary Kay Vyskocil on behalf of Aurelius Capital Partners LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC (Vyskocil, Mary)
April 25, 2008 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Barry Robert Ostrager on behalf of Blue Angel Capital I LLC, Aurelius Capital Partners LP, Aurelius Capital Master, Ltd. (Ostrager, Barry)
February 20, 2008 Opinion or Order Filing 5 CERTIFICATE OF SERVICE of Answer of Defendant The Republic of Argentina served on Walter Rieman, Esq. on February 15, 2008. Service was made by First Class Mail. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
February 15, 2008 Opinion or Order Filing 4 ANSWER to Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
January 9, 2008 Opinion or Order Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (jeh) (jeh). (Additional attachment(s) added on 1/15/2008: #1 assignment) (jeh).
January 9, 2008 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so designated. (jeh)
January 9, 2008 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:07-cv-02715-TPG. Notice of Assignment to follow. (jeh)
December 21, 2007 Opinion or Order SUMMONS ISSUED as to The Republic of Argentina. (pl)
December 17, 2007 Opinion or Order Case Designated ECF. (jeh)
December 17, 2007 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Aurelius International, Ltd. as Corporate Parent. Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.(jpo)
December 17, 2007 Opinion or Order Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 636276)Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.(jpo)
December 17, 2007 Opinion or Order Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 636276)Document filed by Aurelius Capital Partners LP, Aurelius Capital Master, Ltd.(jpo)
December 17, 2007 Opinion or Order CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 07cv2715. (jpo)
December 17, 2007 Opinion or Order SUMMONS ISSUED as to The Republic of Argentina. (jpo)

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Search for this case: Aurelius Capital Partners LP et al 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: Banc of America Securities LLC
Represented By: Barry Jay Glickman
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Petitioner: Merrill, Lynch, Pierce, Fenner & Smith Incorporated
Represented By: Barry Jay Glickman
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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: Bank Of America Corporation
Represented By: Barry Jay Glickman
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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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Petitioner: Merrill Lynch & Co, Inc
Represented By: Barry Jay Glickman
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Plaintiff: Aurelius Capital Partners LP
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: Melissa Kelly Driscoll
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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Plaintiff: Aurelius Capital Master, Ltd.
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: Melissa Kelly Driscoll
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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Plaintiff: Blue Angel Capital I LLC
Represented By: Susan Marie Cordaro
Represented By: Tyler Brooks Robinson
Represented By: Mary Kay Vyskocil
Represented By: Emily Anne Stubbs
Represented By: Kimberly Ann Hamm
Represented By: Jessica Axelandra Murzyn
Represented By: Melissa Kelly Driscoll
Represented By: Andrew W. Goldwater
Represented By: Chad Michael Leicht
Represented By: Barry Robert Ostrager
Represented By: Edward A. Friedman
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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
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Interested party: Banco Central de la Republica Argentina
Represented By: Joseph Emanuel Neuhaus
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Interested party: Nacion AFJP S.A.
Represented By: Mark Stephen Sullivan
Represented By: Laura Mary Lestrade
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Interested party: NML CAPITAL LTD.,
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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
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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
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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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Interested party: Previsol AFJP S.A.
Represented By: Mark Stephen Sullivan
Represented By: Laura Mary Lestrade
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Defendant: The Republic of Argentina
Represented By: Carmine D. Boccuzzi, Jr
Represented By: Jonathan Allen Willens
Represented By: Jonathan I. Blackman
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Appellant: Citibank, N.A.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Karen E Wagner
Represented By: Benedict John Schweigert
Represented By: Sharon L. Schneier
Represented By: Matthew Brennan Rowland
Represented By: Edmund Polubinski, III
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Appellant: Administracion Nacional de Seguridad Social
Represented By: Lauren Emily Aguiar
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Alternative dispute resolution (adr) provider: NML CAPITAL, LTD.,
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Respondent: Bank of America, N.A.
Represented By: Barry Jay Glickman
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