NML Capital, Ltd. v. The Republic of Argentina
| NML Capital, Ltd. |
| The Republic of Argentina |
| Banco De La Nacion Argentina |
| Citigroup, Inc. |
| Citigroup Global Markets Inc., 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, Barclays Bank PLC, Bank for International Settlements, CitiGroup Inc., Blue Angel Capital I LLC, Empresa Argentina de Soluciones Satelitales ("AR-SAT"), GMO Emerging Country Debt Investment Fund PLC, Citicorp USA Inc., GMO Emerging Country Debt LP, Aurelius Capital Master, Ltd., Jaime Caruana, Citicorp North America Inc., GMO Emerging Country Debt Fund, Citibank, N.A., Banco Central de la Republica Argentina and Aurelius Capital Partners, LP |
| Bank of America, N.A. |
| Administracion Nacional de Seguridad Social and 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 |
| 1:2008cv03302 |
| April 2, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| XX Out of State |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu) |
Filing 422
ORDER OF SATISFACTION re: #131 Amended Judgment. In favor of NML Capital, Ltd. Against The Republic of Argentina in the amount of $290,270,631.00. WHEREAS, in accordance with the Settlement Agreement, plaintiff received the Settlement Amount; WHEREAS, plaintiff's Final Judgment Amount has been fully satisfied by the Republic's payment to plaintiff; NOW, THEREFORE, full satisfaction of plaintiff's Final Judgment Amount is hereby acknowledged, and the Clerk of the Court is hereby authorized and directed to make an entry of full satisfaction on the docket. (Signed by Judge Thomas P. Griesa on 4/28/2016) (kl)
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Filing 421
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., and Defendant the Republic of Argentina (being all of the parties to these actions), that any and all claims asserted in the above-captioned actions shall be and are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party bearing its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama)
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Filing 420
ORDER: After signing an Agreement in Principle on February 29, 2016, the Republic of Argentina and the captioned plaintiffs have jointly requested that the court order the settlement payment mechanism outlined in Addendum A. The Republic has signed agreements in principle with many plaintiffs that could result in settlements in various actions before this court. The settlements in all cases in the Argentina debt litigation present the court with extraordinary circumstances because the settlements are "of critical importance to the economic health of a nation." See EM Ltd. v. Republic of Argentina, 131 F. App'x 745, 747 (2d Cir. 2005). Any attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest. See id. (recognizing this court's considerable discretion to deny attachment and restraint of funds "connect[ed] with a restructuring of Argentina's public debt to be accomplished through an issuance of new bonds"); Capital Ventures Int'l v. Republic of Argentina, 443 F.3d 214, 222-23 (2d Cir. 2006) (suggesting that this court could, in "extraordinary circumstances," exercise its discretion to deny attachments that are "against the public interest"); Capital Ventures Int'l v. Republic of Argentina, 652 F.3d 266, 273 (2d Cir. 2011) (again suggesting that this court could deny attachments that might impede a "deal [that] will have a substantial effect on [the Republic's] finances or its ability to access the capital markets"). Accordingly, the court now "so orders" the payment mechanism outlined in Addendum A. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2016) (Attachments: #1 Exhibit)(kl)
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| Filing 419 LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated November 4, 2015 re: plaintiffs' November 3 reply brief. Document filed by The Republic of Argentina.(Blackman, Jonathan) |
| Filing 418 REPLY MEMORANDUM OF LAW in Support re: #412 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 417 MEMORANDUM OF LAW in Opposition re: #412 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 416 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #412 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibits F-G, #3 Exhibits H-I, #4 Proposed Order)(Blackman, Jonathan) |
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Filing 415
ORDER: On October 16, 2015, plaintiffs moved for an order deeming that defendant has waived its privileges. As the parties have now agreed, defendant may respond to plaintiffs' motion no later than 2:00p.m. on October 30, 2015. The court will hear argument at 11:45 a.m. on November 5, 2015. (Responses due by 10/30/2015, Oral Argument set for 11/5/2015 at 11:45 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/20/2015) (kl)
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| Filing 414 DECLARATION of Collin F. Hessney in Support re: #412 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Cohen, Robert) |
| Filing 413 MEMORANDUM OF LAW in Support re: #412 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 412 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Cohen, Robert) |
| Filing 411 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated August 20, 2015 re: privilege log issues. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 410
ORDER terminating #399 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl)
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| Filing 409 DECLARATION of Robert A. Cohen in Support re: #399 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Cohen, Robert) |
| Filing 408 REPLY MEMORANDUM OF LAW in Support re: #399 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 407
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)
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| Filing 406 MEMORANDUM OF LAW in Opposition re: #399 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 405 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #399 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibit G, #4 Exhibits H-M, #5 Exhibits N-O, #6 Exhibits P-R)(Blackman, Jonathan) |
| Filing 404 LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated July 17, 2015 re: Motions for Discovery Sanctions. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) |
| Filing 403 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 402 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 401 DECLARATION of Robert A. Cohen in Support re: #399 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A-I)(Cohen, Robert) |
| Filing 400 MEMORANDUM OF LAW in Support re: #399 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 399 MOTION for Sanctions . Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 397
ORDER TO SHOW CAUSE: LET NON-PARTIES DEUTSCHE BANKAG, DEUTSCHE BANK AMERICA HOLDING CORP., DEUTSCHE BANK SECURITIES INC., DEUTSCHE BANK TRUST COMPANY AMERICA AND TAUNUS CORPORATION (COLLECTIVELY "DB") AND JPMORGAN CHASE & CO. AND JPMORGAN CHASE BANK, N.A. (COLLECTIVELY "JPMC") SHOW CAUSE, before Judge Thomas P. Griesa, room 26B, at the United States Courthouse located at 500 Pearl Street, New York, on the 25th day of February at 4:00 p.m., or as soon thereafter as counsel may be heard, why an order should not be made and entered as follows: 1. Requiring non-parties DB and JPMC to: (a) immediately produce to NML's counsel any and all readily available documents responsive to the subpoenas served by NML Capital, Ltd. ("NML") on DB and JMPC on February 9, 2015 (the "Subpoenas") seeking information about the imminent issuance by the Republic of Argentina ("Argentina") of approximately $2.0 billion in Bonar 2024 bonds (the "Bonar 2024s") but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00 pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. 2. And for such other and further relief as this Court may deem, just, proper and necessary under the circumstances. SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED that email service of this Order to Show Cause, and the papers upon which it is based, upon counsel for DB, Moses & Singer LLP, attention: Philippe Zimmerman and counsel for JPMC, Levi Lubarsky & Feigenbaum LLP, attention: Andrea Likwornik Weiss, Esq., on or before the 4:00 pm on February 25, 2015, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
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Filing 398
ORDER: IT IS, THEREFORE, HEREBY ORDERED: THAT DB and JPMC shall: (a) immediately produce to NML's counsel any and all readily available documents responsive to the Subpoenas but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
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| Filing 396 MANDATE of USCA (Certified Copy) as to #368 Notice of Appeal filed by The Republic of Argentina USCA Case Number 13-4075-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/23/2014. (nd) |
| Filing 395 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated October 8, 2014 re: Procedure for Resolving Additional Requests for Pari Passau Relief. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 394 REPLY MEMORANDUM OF LAW in Support re: #390 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 393 DECLARATION of Jay Newman in Support re: #386 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 392 REPLY MEMORANDUM OF LAW in Support re: #386 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 391 MEMORANDUM OF LAW in Support re: #390 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. and in Opposition to NML's Motion to Compel Discovery #386 . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 390 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. Document filed by Citibank, N.A..(Wagner, Karen) |
| Filing 389 NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A.. (Rowland, Matthew) |
| Filing 388 DECLARATION of Kevin S. Reed in Support re: #386 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Kevin) |
| Filing 387 MEMORANDUM OF LAW in Support re: #386 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
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Filing 386
ORDER TO SHOW CAUSE: LET CITIBANK, N.A. ("CITIBANK") SHOW CAUSE, before Judge Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, 10007, on the 10th day of Sept. 2014 at 2:30 pm, why an Order should not be entered: a) Ordering Citibank to comply fully with the Subpoena Duces Tecum and Ad Testificandum dated August 15, 2014, that was served by Plaintiff NML Capital, Ltd. ("NML") on Citibank, by producing documents three days before argument on Citibank's appeal will be heard and a witness for deposition by September 15, 2014. b) Granting such other and further relief as this Court may deem just, proper and necessary under the circumstances. IT IS HEREBY: ORDERED THAT e-mail service of this Order to Show Cause, and the papers upon which it is based, upon counsel for Citibank, Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York, 10017, attention Lindsey Knapp, Esq., at lindsey.knapp@davispolk.com, and upon counsel for Defendant The Republic of Argentina, Cleary, Gottlieb, Steen & Hamilton, One Liberty Plaza, New York, New York, 10006, attention Carmine Boccuzzi, Esq., at cboccuzzi@cgsh.com, shall be deemed good and sufficient service; IT IS FURTHER ORDERED THAT opposing papers, if any, are to be served on counsel for the Plaintiff, Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York, 10010, attention Kevin S. Reed, so as to be received on the 5th day of Sept. 2014; AND IT IS FURTHER ORDERED THAT reply papers, if any, shall be served upon counsel for Citibank and Defendant, so as to be received no later than 5 p.m. on 8 day of Sept. 2014. Show Cause Hearing set for 9/10/2014 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 8/29/2014) (lmb)
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| Filing 385 OPINION #104382 granting #372 Motion to Stay ; denying #379 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 5/30/2014 (ca). |
| Filing 384 REPLY MEMORANDUM OF LAW in Support re: #372 MOTION to Stay. and in Opposition to NML's Cross-Motion to Compel Discovery. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 383 LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 04/17/2014 re: Non-Party Banks' Motions for Joinder. Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 382 DECLARATION of Joseph Sremack in Support re: #379 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Reed, Kevin) |
| Filing 381 DECLARATION of Kevin S. Reed in Support re: #379 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Reed, Kevin) |
| Filing 380 MEMORANDUM OF LAW in Support re: #379 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 379 MOTION to Compel Citi Entities to Comply with Subpoena. Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 378 DECLARATION of Joseph Sremack in Opposition re: #372 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Reed, Kevin) |
| Filing 377 DECLARATION of Kevin S. Reed in Opposition re: #372 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Reed, Kevin) |
| Filing 376 MEMORANDUM OF LAW in Opposition re: #372 MOTION to Stay. and Cross-Motion to Compel. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 375 DECLARATION of Lindsey T. Knapp in Support re: #372 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) |
| Filing 374 DECLARATION of Rebecca J. Nelson in Support re: #372 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 373 MEMORANDUM OF LAW in Support re: #372 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 372 MOTION to Stay. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc..(Wagner, Karen) |
| Filing 371 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Knapp, Lindsey) |
| Filing 370 NOTICE OF APPEARANCE by James Loran Kerr on behalf of CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Kerr, James) |
| Filing 369 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., CitiGroup Inc.. (Wagner, Karen) |
| Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files for #326 Notice of Appeal filed by NML Capital, Ltd., #325 Order, #168 Declaration in Support of Motion, filed by NML Capital, Ltd., #159 Notice of Appearance filed by NML Capital, Ltd., #161 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena. filed by NML Capital, Ltd., #185 Endorsed Letter, #217 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #189 Certificate of Service Other filed by NML Capital, Ltd., #167 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #186 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #204 Order, #219 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #200 Declaration filed by NML Capital, Ltd., #182 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #257 Declaration filed by The Republic of Argentina, #238 Reply Memorandum of Law in Oppisition to Motion, filed by Banco De La Nacion Argentina, #236 Stipulation and Order, Set Scheduling Order Deadlines,,,, #258 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #252 Notice of Appeal filed by The Republic of Argentina, #241 Order,,,, #188 Declaration, filed by NML Capital, Ltd., #237 Stipulation and Order, Set Deadlines/Hearings,,,, #220 Stipulation and Order, Set Deadlines/Hearings,,,,,, #148 Declaration filed by The Republic of Argentina, #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #212 Order,,,, #152 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #199 Reply Memorandum of Law, filed by NML Capital, Ltd., #183 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #225 Notice of Appeal filed by NML Capital, Ltd., #165 Declaration in Support of Motion, filed by NML Capital, Ltd., #179 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #156 Affidavit of Service Other filed by NML Capital, Ltd., #263 Declaration in Support of Motion, filed by NML Capital, Ltd., #226 USCA Mandate, #153 Affidavit of Service Other, filed by NML Capital, Ltd., #224 USCA Mandate,,,,,, #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #211 Joinder, filed by The Republic of Argentina, #262 Declaration in Support of Motion,, filed by NML Capital, Ltd., #232 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #216 Declaration in Support of Motion, filed by The Republic of Argentina, #176 Affidavit of Service Other, filed by Citigroup, Inc., #261 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #239 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #264 Declaration in Support of Motion,, filed by NML Capital, Ltd., #249 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #223 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #173 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #259 Endorsed Letter, Set Deadlines,,,,,, #255 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #254 Declaration in Support of Motion,, filed by NML Capital, Ltd., #175 Declaration in Opposition to Motion filed by Citigroup, Inc., #242 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #192 Memorandum of Law in Opposition filed by The Republic of Argentina, #194 USCA Order,,,, #177 Certificate of Service Other filed by The Republic of Argentina, #229 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #222 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #147 Memorandum of Law in Opposition filed by The Republic of Argentina, #240 Stipulation and Order, Consent Order,, #181 Declaration in Support of Motion, filed by NML Capital, Ltd., #196 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #157 Affidavit of Service Other filed by NML Capital, Ltd., #174 Memorandum of Law in Opposition to Motion filed by Citigroup, Inc., #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #202 Endorsed Letter,, #235 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #149 Certificate of Service Other filed by The Republic of Argentina, #221 Memorandum & Opinion, #195 Certificate of Service Other filed by The Republic of Argentina, #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena. filed by NML Capital, Ltd., #205 Order,,, #169 Affidavit of Service Other filed by NML Capital, Ltd., #233 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #146 Order, #244 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #245 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #180 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Memorandum of Law in Opposition to Motion filed by Barclays Bank PLC, #218 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #155 Affidavit of Service Other filed by NML Capital, Ltd., #243 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #247 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 Declaration in Support of Motion, filed by NML Capital, Ltd., #198 Order,,,, #158 Affidavit of Service Other filed by NML Capital, Ltd., #171 Memorandum & Opinion,,,, #250 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #251 Memorandum & Opinion,,,,,,, #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. filed by NML Capital, Ltd., #170 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #209 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #228 Declaration in Support of Motion, filed by The Republic of Argentina, #206 Order, #190 USCA Mandate,,,,, #207 Joinder, filed by The Republic of Argentina, #150 Certificate of Service Other filed by The Republic of Argentina, #231 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #234 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #208 Response filed by Banco Central de la Republica Argentina, #213 Order,, #187 Memorandum of Law in Support filed by NML Capital, Ltd., #248 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. filed by NML Capital, Ltd., #184 Certificate of Service Other filed by The Republic of Argentina, #256 Joinder filed by The Republic of Argentina, #164 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #191 Declaration in Opposition filed by The Republic of Argentina, #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #197 Order,,,,,, #154 Affidavit of Service Other filed by NML Capital, Ltd. #17 Memorandum of Law in Support filed by NML Capital, Ltd., #124 Order, Set Deadlines/Hearings, #6 Answer to Complaint filed by The Republic of Argentina, #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #118 Declaration, filed by NML Capital, Ltd., #91 Declaration in Support of Motion, filed by NML Capital, Ltd., #79 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #71 Order Striking Document from Record, #127 Order, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #94 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines, #47 Order on Motion for Miscellaneous Relief, #109 Declaration in Support of Motion filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #122 Protective Order, #8 Notice of Appearance filed by NML Capital, Ltd., #114 Memorandum & Opinion, #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #133 Declaration filed by NML Capital, Ltd., #88 Declaration in Support of Motion filed by NML Capital, Ltd., #93 Order, Set Motion and R&R Deadlines/Hearings, #52 Declaration filed by The Republic of Argentina, #107 Endorsed Letter, #66 Notice of Appearance 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, #81 Certificate of Service Other filed by Administracion Nacional de Seguridad Social, #111 Reply Memorandum of Law in Oppisition, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #90 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #121 Declaration filed by NML Capital, Ltd., #95 Declaration in Support of Motion filed by NML Capital, Ltd., #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #80 Certificate of Service Other filed by The Republic of Argentina, #45 Memorandum of Law in Support of Motion |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #368 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #326 Notice of Appeal filed by NML Capital, Ltd., #325 Order, #168 Declaration in Support of Motion, filed by NML Capital, Ltd., #159 Notice of Appearance filed by NML Capital, Ltd., #161 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena. filed by NML Capital, Ltd., #185 Endorsed Letter, #217 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #189 Certificate of Service Other filed by NML Capital, Ltd., #167 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #186 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #204 Order, #219 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #200 Declaration filed by NML Capital, Ltd., #182 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #257 Declaration filed by The Republic of Argentina, #238 Reply Memorandum of Law in Oppisition to Motion, filed by Banco De La Nacion Argentina, #236 Stipulation and Order, Set Scheduling Order Deadlines,,,, #258 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #252 Notice of Appeal filed by The Republic of Argentina, #241 Order,,,, #188 Declaration, filed by NML Capital, Ltd., #237 Stipulation and Order, Set Deadlines/Hearings,,,, #220 Stipulation and Order, Set Deadlines/Hearings,,,,,, #148 Declaration filed by The Republic of Argentina, #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #212 Order,,,, #152 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #199 Reply Memorandum of Law, filed by NML Capital, Ltd., #183 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #225 Notice of Appeal filed by NML Capital, Ltd., #165 Declaration in Support of Motion, filed by NML Capital, Ltd., #179 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #156 Affidavit of Service Other filed by NML Capital, Ltd., #263 Declaration in Support of Motion, filed by NML Capital, Ltd., #226 USCA Mandate, #153 Affidavit of Service Other, filed by NML Capital, Ltd., #224 USCA Mandate,,,,,, #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #211 Joinder, filed by The Republic of Argentina, #262 Declaration in Support of Motion,, filed by NML Capital, Ltd., #232 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #216 Declaration in Support of Motion, filed by The Republic of Argentina, #176 Affidavit of Service Other, filed by Citigroup, Inc., #261 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #239 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #264 Declaration in Support of Motion,, filed by NML Capital, Ltd., #249 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #223 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #173 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #259 Endorsed Letter, Set Deadlines,,,,,, #255 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #254 Declaration in Support of Motion,, filed by NML Capital, Ltd., #175 Declaration in Opposition to Motion filed by Citigroup, Inc., #242 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #192 Memorandum of Law in Opposition filed by The Republic of Argentina, #194 USCA Order,,,, #177 Certificate of Service Other filed by The Republic of Argentina, #229 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #222 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #147 Memorandum of Law in Opposition filed by The Republic of Argentina, #240 Stipulation and Order, Consent Order,, #181 Declaration in Support of Motion, filed by NML Capital, Ltd., #196 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #157 Affidavit of Service Other filed by NML Capital, Ltd., #174 Memorandum of Law in Opposition to Motion filed by Citigroup, Inc., #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #202 Endorsed Letter,, #235 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #149 Certificate of Service Other filed by The Republic of Argentina, #221 Memorandum & Opinion, #195 Certificate of Service Other filed by The Republic of Argentina, #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena. filed by NML Capital, Ltd., #205 Order,,, #169 Affidavit of Service Other filed by NML Capital, Ltd., #233 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #146 Order, #244 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #245 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #180 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Memorandum of Law in Opposition to Motion filed by Barclays Bank PLC, #218 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #155 Affidavit of Service Other filed by NML Capital, Ltd., #243 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #247 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 Declaration in Support of Motion, filed by NML Capital, Ltd., #198 Order,,,, #158 Affidavit of Service Other filed by NML Capital, Ltd., #171 Memorandum & Opinion,,,, #250 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #251 Memorandum & Opinion,,,,,,, #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. filed by NML Capital, Ltd., #170 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #209 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #228 Declaration in Support of Motion, filed by The Republic of Argentina, #206 Order, #190 USCA Mandate,,,,, #207 Joinder, filed by The Republic of Argentina, #150 Certificate of Service Other filed by The Republic of Argentina, #231 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #234 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #208 Response filed by Banco Central de la Republica Argentina, #213 Order,, #187 Memorandum of Law in Support filed by NML Capital, Ltd., #248 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. filed by NML Capital, Ltd., #184 Certificate of Service Other filed by The Republic of Argentina, #256 Joinder filed by The Republic of Argentina, #164 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #191 Declaration in Opposition filed by The Republic of Argentina, #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #197 Order,,,,,, #154 Affidavit of Service Other filed by NML Capital, Ltd. #17 Memorandum of Law in Support filed by NML Capital, Ltd., #124 Order, Set Deadlines/Hearings, #6 Answer to Complaint filed by The Republic of Argentina, #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #118 Declaration, filed by NML Capital, Ltd., #91 Declaration in Support of Motion, filed by NML Capital, Ltd., #79 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #71 Order Striking Document from Record, #127 Order, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #94 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines, #47 Order on Motion for Miscellaneous Relief, #109 Declaration in Support of Motion filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #122 Protective Order, #8 Notice of Appearance filed by NML Capital, Ltd., #114 Memorandum & Opinion, #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #133 Declaration filed by NML Capital, Ltd., #88 Declaration in Support of Motion filed by NML Capital, Ltd., #93 Order, Set Motion and R&R Deadlines/Hearings, #52 Declaration filed by The Republic of Argentina, #107 Endorsed Letter, #66 Notice of Appearance 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, #81 Certificate of Service Other filed by Administracion Nacional de Seguridad Social, #111 Reply Memorandum of Law in Oppisition, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #90 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #121 Declaration filed by NML Capital, Ltd., #95 Declaration in Support of Motion filed by NML Capital, Ltd., #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #80 Certificate of Service Other filed by The Republic of Argentina, #45 Memorandum of Law in Support of Motion |
| Filing 368 NOTICE OF APPEAL from #366 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010403. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) |
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Filing 367
STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-captioned actions (the "Actions"), subject to the approval of the Court, that: This Stipulation and Order governs the treatment of documents, depositions and deposition exhibits, interrogatory answers, responses to requests to admit, responses to demands under Rule 26.1 of the Local Civil Rules of this Court and any other and other written, recorded or graphic matter ("Discovery Material") produced by or obtained from any party or non-party (the "Producing Person") in the Actions that is designated confidential by the Producing Person in accordance with the procedures set forth below. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/22/2013) (ama)
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Filing 366
ORDER: IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/25/2013) (ama)
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| Filing 365 DECLARATION of Eric C. Kirsch in Support re: #357 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohen, Robert) |
| Filing 364 REPLY MEMORANDUM OF LAW in Support re: #357 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 363 MEMORANDUM OF LAW in Opposition re: #357 MOTION to Compel Compliance with Discovery Requests. dated July 17, 2013. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 362 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Opposition re: #357 MOTION to Compel Compliance with Discovery Requests.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits E-H)(Blackman, Jonathan) |
| Filing 361 REPLY MEMORANDUM OF LAW in Support re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far dated July 17, 2013. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 360 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Support re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 359 DECLARATION of Eric C. Kirsch in Support re: #357 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Cohen, Robert) |
| Filing 358 MEMORANDUM OF LAW in Support re: #357 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 357 MOTION to Compel Compliance with Discovery Requests. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 356 DECLARATION of KEVIN S. REED in Opposition re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Reed, Kevin) |
| Filing 355 MEMORANDUM OF LAW in Opposition re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kevin Samuel Reed to RE-FILE Document #354 Memorandum of Law in Opposition to Motion. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db) |
| Filing 354 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 DECLARATION OF KEVIN S. REED IN OPPOSITION TO DEFENDANTS MOTION TO QUASH SUBPOENAS, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Reed, Kevin) Modified on 6/27/2013 (db). |
| Filing 353 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 6/18/2013 re: In my letter to the Court of June 11,2013, I inadvertently misstated the briefing schedule the parties have agreed on for that motion. The parties have agreed that NML shall file its opposition to the motion on or before June 26, 2013 (rather than June 18) and that the Republic of Argentina shall file any reply papers on or before July l7, 2013. The parties respectfully request that argument on the motion occur at the previously set August 5, 2013 hearing in these and related matters. ENDORSEMENT: Approved., ( Responses due by 6/26/2013, Replies due by 7/17/2013.) (Signed by Judge Thomas P. Griesa on 6/18/2013) (ama) |
| Filing 352 MEMORANDUM OF LAW in Support re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far [CORRECTED]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 351 DECLARATION of Carmine D. Boccuzzi in Support re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Attachments: #1 Ex. A - C, #2 Ex. D - F, #3 Ex. G - I, #4 Ex. J - L, #5 Ex. M - N, #6 Ex. O, #7 Ex. P - S, #8 Ex. T - V, #9 Ex. W1, #10 Ex. W2)(Boccuzzi, Carmine) |
| Filing 350 MEMORANDUM OF LAW in Support re: #349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated May 28, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 349 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Fargo & Co. and Wells Fargo Bank, N.A. , dated May 28, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 348 NOTICE OF APPEARANCE by David Scott Hoffner on behalf of NML Capital, Ltd. (Hoffner, David) |
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Filing 347
CONSENT ORDER: ORDERED that on or before April 29, 2013, BNA must comply in full with the Subpoena by producing to NML the documents responsive to the Subpoena (subject to the modifications described above) held at each of BNA's worldwide branches. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/19/2013) (ama)
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Filing 346
ORDER FOR ADMISSION OF JENNINGS F. DURAND PRO HAC VICE: granting #344 Motion for Jennings F. Durand to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 2/21/2013) (js)
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| Filing 345 OPINION: Overall, upon complete consideration of all of the above factors, the court concludes that compliance with the subpoena is warranted in this case even if it is in violation of foreign countries' laws. This opinion resolves the legal questions briefed following the hearing on March 26, 2012. The court will hold an additional hearing to determine the further steps that need to be taken. (Signed by Judge Thomas P. Griesa on 2/8/2013) (mro) Modified on 2/11/2013 (mro). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #344 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8119092. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 344 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8119092. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Certificate of good standing, #2 Text of Proposed Order)(Durand, Jennings) |
| Filing 343 MANDATE of USCA (Certified Copy) as to #324 Notice of Appeal filed by The Republic of Argentina USCA Case Number 11-4118-con. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/17/2012. (nd) |
| Filing 342 MANDATE of USCA (Certified Copy) as to #326 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 11-4248-cv(L). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED as MOOT and the judgment of the United States District Court for the Southern District of New York is VACATED . The case is REMANDED to the District Court with directions to DISMISS NML's motion to confirm and the Republic's and AR-SAT's cross-motion to vacate the judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/12/2012. (nd) |
| Filing 341 OPINION re: (448 in 1:05-cv-02434-TPG) MOTION to Vacate (433) Memorandum & Opinion, filed by NML Capital, Ltd., (196 in 1:09-cv-01707-TPG) MOTION to Vacate (179) Memorandum & Opinion, filed by NML Capital, Ltd., (329 in 1:08-cv-02541-TPG) MOTION to Vacate (316) Memorandum & Opinion, filed by NML Capital, Ltd., (447 in 1:03-cv-08845-TPG) MOTION to Vacate (434) Memorandum & Opinion,, filed by NML Capital, Ltd., (327 in 1:08-cv-03302-TPG) MOTION to Vacate (313) Memorandum & Opinion, filed by NML Capital, Ltd., (305 in 1:07-cv-06563-TPG) MOTION to Vacate (292) Memorandum & Opinion, filed by NML Capital, Ltd., (346 in 1:08-cv-06978-TPG) MOTION to Vacate (327) Memorandum & Opinion, filed by NML Capital, Ltd., (369 in 1:06-cv-06466-TPG) MOTION to Vacate (354) Memorandum & Opinion, filed by NML Capital, Ltd., (197 in 1:09-cv-01708-TPG) MOTION to Vacate (180) Memorandum & Opinion, filed by NML Capital, Ltd., (317 in 1:07-cv-01910-TPG) MOTION to Vacate (304) Memorandum & Opinion, filed by NML Capital, Ltd., (320 in 1:07-cv-02690-TPG) MOTION to Vacate (306) Memorandum & Opinion, filed by NML Capital, Ltd. For essentially the same reasons stated at the hearing held on August 30, 2011, the court denies plaintiff's current motion. This opinion resolves the motion listed as document number 447 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 8/14/2012) (lmb) |
| Filing 340 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 339 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 7/18/2012 re: Counsel for plaintiffs write to propose that NML file and serve its reply in support of its Supplemental Memorandum of Law in Support of Motions to Compel and for Sanctions [against Banco de la Nacion Argentina ("BNA")], on July 31, 2012. ENDORSEMENT: Approved., ( Replies due by 7/31/2012.) (Signed by Judge Thomas P. Griesa on 7/23/2012) (pl) |
| Filing 338 DECLARATION of Mark S. Sullivan in Opposition re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Sullivan, Mark) |
| Filing 337 MEMORANDUM OF LAW in Opposition re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 336 DECLARATION of Eric C. Kirsch in Support re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Cohen, Robert) |
| Filing 335 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 334 Costs Taxed as to #333 USCA Mandate, USCA Case Number 10-4450-(L). in the amount of $26.40. Docketed as Judgment #12,0908 on 5/31/2012 in favor of Appellee NML Capital, Ltd. against Appellant Republic of Argentina. (nd) |
| Filing 333 MANDATE of USCA (Certified Copy) as to #252 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4450(L). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/20/2012. (nd) |
|
Filing 332
ORDER: Upon the motion NML made by letter dated November 10, 2011, it is hereby ORDERED that BNA shall provide all documents responsive to NML's subpoena, as modified, on or before January 6, 2012. (Signed by Judge Thomas P. Griesa on 12/14/2011) (lmb)
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| Filing 331 REPLY MEMORANDUM OF LAW in Support re: #327 MOTION to Vacate #313 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sher, Jeremy) |
| Filing 330 RESPONSE in Opposition re: #327 MOTION to Vacate #313 Memorandum & Opinion,. / The Republic of Argentina's Opposition to NML Capital LTD.'s Motion Under Rule 60(B)(6)to Vacate the April 22, 2011 Opinion, dated November 4, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 329 MEMORANDUM OF LAW in Opposition re: #327 MOTION to Vacate #313 Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 328 MEMORANDUM OF LAW in Support re: #327 MOTION to Vacate #313 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 327 MOTION to Vacate #313 Memorandum & Opinion,. Document filed by NML Capital, Ltd..(Sher, Jeremy) |
| USCA Appeal Fees received $ 455.00 receipt number 12465400014 on 10/3/2011 re: #324 Notice of Appeal filed by The Republic of Argentina. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #326 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #326 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #326 Notice of Appeal filed by NML Capital, Ltd., #325 Order, #168 Declaration in Support of Motion, filed by NML Capital, Ltd., #159 Notice of Appearance filed by NML Capital, Ltd., #161 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena. filed by NML Capital, Ltd., #185 Endorsed Letter, #217 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #189 Certificate of Service Other filed by NML Capital, Ltd., #167 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #186 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #204 Order, #219 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #200 Declaration filed by NML Capital, Ltd., #182 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #257 Declaration filed by The Republic of Argentina, #238 Reply Memorandum of Law in Oppisition to Motion, filed by Banco De La Nacion Argentina, #236 Stipulation and Order, Set Scheduling Order Deadlines,,,, #258 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #252 Notice of Appeal filed by The Republic of Argentina, #241 Order,,,, #188 Declaration, filed by NML Capital, Ltd., #237 Stipulation and Order, Set Deadlines/Hearings,,,, #220 Stipulation and Order, Set Deadlines/Hearings,,,,,, #148 Declaration filed by The Republic of Argentina, #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #212 Order,,,, #152 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #199 Reply Memorandum of Law, filed by NML Capital, Ltd., #183 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #225 Notice of Appeal filed by NML Capital, Ltd., #165 Declaration in Support of Motion, filed by NML Capital, Ltd., #179 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #156 Affidavit of Service Other filed by NML Capital, Ltd., #263 Declaration in Support of Motion, filed by NML Capital, Ltd., #226 USCA Mandate, #153 Affidavit of Service Other, filed by NML Capital, Ltd., #224 USCA Mandate,,,,,, #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #211 Joinder, filed by The Republic of Argentina, #262 Declaration in Support of Motion,, filed by NML Capital, Ltd., #232 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #216 Declaration in Support of Motion, filed by The Republic of Argentina, #176 Affidavit of Service Other, filed by Citigroup, Inc., #261 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #239 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #264 Declaration in Support of Motion,, filed by NML Capital, Ltd., #249 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #223 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #173 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #259 Endorsed Letter, Set Deadlines,,,,,, #255 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #254 Declaration in Support of Motion,, filed by NML Capital, Ltd., #175 Declaration in Opposition to Motion filed by Citigroup, Inc., #242 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #192 Memorandum of Law in Opposition filed by The Republic of Argentina, #194 USCA Order,,,, #177 Certificate of Service Other filed by The Republic of Argentina, #229 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #222 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #147 Memorandum of Law in Opposition filed by The Republic of Argentina, #240 Stipulation and Order, Consent Order,, #181 Declaration in Support of Motion, filed by NML Capital, Ltd., #196 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #157 Affidavit of Service Other filed by NML Capital, Ltd., #174 Memorandum of Law in Opposition to Motion filed by Citigroup, Inc., #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #202 Endorsed Letter,, #235 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #149 Certificate of Service Other filed by The Republic of Argentina, #221 Memorandum & Opinion, #195 Certificate of Service Other filed by The Republic of Argentina, #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena. filed by NML Capital, Ltd., #205 Order,,, #169 Affidavit of Service Other filed by NML Capital, Ltd., #233 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #146 Order, #244 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #245 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #180 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Memorandum of Law in Opposition to Motion filed by Barclays Bank PLC, #218 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #155 Affidavit of Service Other filed by NML Capital, Ltd., #243 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #247 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 Declaration in Support of Motion, filed by NML Capital, Ltd., #198 Order,,,, #158 Affidavit of Service Other filed by NML Capital, Ltd., #171 Memorandum & Opinion,,,, #250 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #251 Memorandum & Opinion,,,,,,, #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. filed by NML Capital, Ltd., #170 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #209 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #228 Declaration in Support of Motion, filed by The Republic of Argentina, #206 Order, #190 USCA Mandate,,,,, #207 Joinder, filed by The Republic of Argentina, #150 Certificate of Service Other filed by The Republic of Argentina, #231 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #234 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #208 Response filed by Banco Central de la Republica Argentina, #213 Order,, #187 Memorandum of Law in Support filed by NML Capital, Ltd., #248 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. filed by NML Capital, Ltd., #184 Certificate of Service Other filed by The Republic of Argentina, #256 Joinder filed by The Republic of Argentina, #164 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #191 Declaration in Opposition filed by The Republic of Argentina, #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #197 Order,,,,,, #154 Affidavit of Service Other filed by NML Capital, Ltd. #17 Memorandum of Law in Support filed by NML Capital, Ltd., #124 Order, Set Deadlines/Hearings, #6 Answer to Complaint filed by The Republic of Argentina, #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #118 Declaration, filed by NML Capital, Ltd., #91 Declaration in Support of Motion, filed by NML Capital, Ltd., #79 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #71 Order Striking Document from Record, #127 Order, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #94 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines, #47 Order on Motion for Miscellaneous Relief, #109 Declaration in Support of Motion filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #122 Protective Order, #8 Notice of Appearance filed by NML Capital, Ltd., #114 Memorandum & Opinion, #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #133 Declaration filed by NML Capital, Ltd., #88 Declaration in Support of Motion filed by NML Capital, Ltd., #93 Order, Set Motion and R&R Deadlines/Hearings, #52 Declaration filed by The Republic of Argentina, #107 Endorsed Letter, #66 Notice of Appearance 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, #81 Certificate of Service Other filed by Administracion Nacional de Seguridad Social, #111 Reply Memorandum of Law in Oppisition, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #90 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #121 Declaration filed by NML Capital, Ltd., #95 Declaration in Support of Motion filed by NML Capital, Ltd., #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #80 Certificate of Service Other filed by The Republic of Argentina, #45 Memorandum of Law in Support of Motion |
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Filing 325
ORDER: On September 20, 2011, the Republic requested via letter that the court stay its ruling pending appeal and issue a certification pursuant to 28 U.S.C. 1292(b). The Republic's requests are denied. (Signed by Judge Thomas P. Griesa on 10/4/2011) (jfe)
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| Transmission of Notice of Appeal to the District Judge re: #324 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #324 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #168 Declaration in Support of Motion, filed by NML Capital, Ltd., #159 Notice of Appearance filed by NML Capital, Ltd., #161 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena. filed by NML Capital, Ltd., #185 Endorsed Letter, #217 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #189 Certificate of Service Other filed by NML Capital, Ltd., #167 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #186 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #204 Order, #219 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #200 Declaration filed by NML Capital, Ltd., #182 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #257 Declaration filed by The Republic of Argentina, #238 Reply Memorandum of Law in Oppisition to Motion, filed by Banco De La Nacion Argentina, #236 Stipulation and Order, Set Scheduling Order Deadlines,,,, #258 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #252 Notice of Appeal filed by The Republic of Argentina, #241 Order,,,, #188 Declaration, filed by NML Capital, Ltd., #237 Stipulation and Order, Set Deadlines/Hearings,,,, #220 Stipulation and Order, Set Deadlines/Hearings,,,,,, #148 Declaration filed by The Republic of Argentina, #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #212 Order,,,, #152 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #199 Reply Memorandum of Law, filed by NML Capital, Ltd., #183 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #225 Notice of Appeal filed by NML Capital, Ltd., #165 Declaration in Support of Motion, filed by NML Capital, Ltd., #179 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #156 Affidavit of Service Other filed by NML Capital, Ltd., #263 Declaration in Support of Motion, filed by NML Capital, Ltd., #226 USCA Mandate, #153 Affidavit of Service Other, filed by NML Capital, Ltd., #224 USCA Mandate,,,,,, #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #211 Joinder, filed by The Republic of Argentina, #262 Declaration in Support of Motion,, filed by NML Capital, Ltd., #232 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #216 Declaration in Support of Motion, filed by The Republic of Argentina, #176 Affidavit of Service Other, filed by Citigroup, Inc., #261 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #239 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #264 Declaration in Support of Motion,, filed by NML Capital, Ltd., #249 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #223 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #173 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #259 Endorsed Letter, Set Deadlines,,,,,, #255 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #254 Declaration in Support of Motion,, filed by NML Capital, Ltd., #175 Declaration in Opposition to Motion filed by Citigroup, Inc., #242 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #192 Memorandum of Law in Opposition filed by The Republic of Argentina, #194 USCA Order,,,, #177 Certificate of Service Other filed by The Republic of Argentina, #229 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #222 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #147 Memorandum of Law in Opposition filed by The Republic of Argentina, #240 Stipulation and Order, Consent Order,, #181 Declaration in Support of Motion, filed by NML Capital, Ltd., #196 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #157 Affidavit of Service Other filed by NML Capital, Ltd., #174 Memorandum of Law in Opposition to Motion filed by Citigroup, Inc., #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #202 Endorsed Letter,, #235 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #149 Certificate of Service Other filed by The Republic of Argentina, #221 Memorandum & Opinion, #195 Certificate of Service Other filed by The Republic of Argentina, #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena. filed by NML Capital, Ltd., #205 Order,,, #169 Affidavit of Service Other filed by NML Capital, Ltd., #233 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #146 Order, #244 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #245 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #180 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Memorandum of Law in Opposition to Motion filed by Barclays Bank PLC, #218 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #155 Affidavit of Service Other filed by NML Capital, Ltd., #243 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #247 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 Declaration in Support of Motion, filed by NML Capital, Ltd., #198 Order,,,, #158 Affidavit of Service Other filed by NML Capital, Ltd., #171 Memorandum & Opinion,,,, #250 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #251 Memorandum & Opinion,,,,,,, #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. filed by NML Capital, Ltd., #170 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #209 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #228 Declaration in Support of Motion, filed by The Republic of Argentina, #206 Order, #190 USCA Mandate,,,,, #207 Joinder, filed by The Republic of Argentina, #150 Certificate of Service Other filed by The Republic of Argentina, #231 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #234 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #208 Response filed by Banco Central de la Republica Argentina, #213 Order,, #187 Memorandum of Law in Support filed by NML Capital, Ltd., #248 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. filed by NML Capital, Ltd., #184 Certificate of Service Other filed by The Republic of Argentina, #256 Joinder filed by The Republic of Argentina, #164 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #191 Declaration in Opposition filed by The Republic of Argentina, #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #197 Order,,,,,, #154 Affidavit of Service Other filed by NML Capital, Ltd. #17 Memorandum of Law in Support filed by NML Capital, Ltd., #124 Order, Set Deadlines/Hearings, #6 Answer to Complaint filed by The Republic of Argentina, #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #118 Declaration, filed by NML Capital, Ltd., #91 Declaration in Support of Motion, filed by NML Capital, Ltd., #79 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #71 Order Striking Document from Record, #127 Order, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #94 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines, #47 Order on Motion for Miscellaneous Relief, #109 Declaration in Support of Motion filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #122 Protective Order, #8 Notice of Appearance filed by NML Capital, Ltd., #114 Memorandum & Opinion, #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #133 Declaration filed by NML Capital, Ltd., #88 Declaration in Support of Motion filed by NML Capital, Ltd., #93 Order, Set Motion and R&R Deadlines/Hearings, #52 Declaration filed by The Republic of Argentina, #107 Endorsed Letter, #66 Notice of Appearance 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, #81 Certificate of Service Other filed by Administracion Nacional de Seguridad Social, #111 Reply Memorandum of Law in Oppisition, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #90 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #121 Declaration filed by NML Capital, Ltd., #95 Declaration in Support of Motion filed by NML Capital, Ltd., #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #80 Certificate of Service Other filed by The Republic of Argentina, #45 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #24 MOTION To Confirm Re |
| Filing 326 NOTICE OF APPEAL [ Filed in Night Deposit box ] from #313 Opinion, #320 Opinion,. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number 465401018215. (nd) |
| Filing 324 NOTICE OF APPEAL from #321 Opinion. Document filed by The Republic of Argentina. (nd) |
| Appeal Remark as to #324 Notice of Appeal filed by The Republic of Argentina. $455.00 APPEAL FILING FEE DUE. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #323 USCA Mandate,,. (nd) |
| Filing 323 MANDATE of USCA (Certified Copy) as to #135 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 09-2707-cv(L). Upon due consideration, it is hereby Ordered, Adjudged, and Decreed that the amended judgment entered on June 16, 2009, in Nos. 09-2708-cv(con) (sdny # 05cv2434) and 09-2867-cv(xap) (sdny # 05cv2434) is AFFIRMED in part and VACATED in part, and the judgments entered on June 1, 16, and 26, 2009, and February 2, 2010, the remaining above-captioned actions are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/15/2011. (nd) |
| Filing 322 OPINION: The Court grants the motion to quash the subpoena and denies the motion to compel compliance therewith. The Court will discuss with the parties other means of discovery to obtain the information which plaintiffs are now legitimately seeking. This opinion resolves the motions listed as documents numbers 358 and 375 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 321 OPINION: For the reasons stated on the record at the hearing on August 30, 2011, the court grants Plaintiffs motion to compel Bank of America and BNA to comply with the subpoenas, subject to modifications of details. The Court denies the Republic's motion to quash the subpoena served on Bank of America. The opinion resolves the motions listed as document numbers 306 and 365 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 320 OPINION: On May 6. 2011 NML Capital, Ltd. Moved for reconsideration of the Court's April 22, 2011 opinion. For the reasons stated on the record at the hearing held on August 30, 2011, the court denies plaintiff's motion. This opinion resolves the motion listed as document number 435 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 319 NOTICE OF APPEARANCE by Edward David Sherwin on behalf of Bank for International Settlements, Jaime Caruana (Sherwin, Edward) |
| Filing 318 REPLY MEMORANDUM OF LAW in Support re: #314 MOTION for Reconsideration re; #313 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 317 JOINDER to join re: #316 Memorandum of Law in Opposition to Motion ,with Certificate of Service of Richard V. Conza, dated May 20, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 316 MEMORANDUM OF LAW in Opposition re: #314 MOTION for Reconsideration re; #313 Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 315 MEMORANDUM OF LAW in Support re: #314 MOTION for Reconsideration re; #313 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 314 MOTION for Reconsideration re; #313 Memorandum & Opinion,. Document filed by NML Capital, Ltd..(Jacob, Charles) |
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Filing 313
OPINION: NML's motion to confirm the order of attachment is denied. The cross-motion of AR-SAT and the Republic is granted, and the February 7, 2011 order of attachment is vacated. The court denies AR-SAT's cross motion for damages. This opinion resolves the motions listed as document numbers 406, 417, and 422 in case 03 Civ. 8845, as well as the same motions in the related cases. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/21/2011) (lnl)
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| Filing 312 CERTIFICATE OF SERVICE of Brendan Cyr re #308 on April 14, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 311 DECLARATION of Federico Dosztal in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 310 DECLARATION of Steven M. Hecht in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 309 REPLY MEMORANDUM OF LAW in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 308 REPLY MEMORANDUM OF LAW in Support re: #296 MOTION to Vacate #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 307 REPLY AFFIRMATION of Charles R. Jacob III in Support re: #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Jacob, Charles) |
| Filing 306 REPLY MEMORANDUM OF LAW in Support re: #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 305 MEMORANDUM OF LAW in Opposition re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 304 CERTIFICATE OF SERVICE of Richard V. Conza on March 22, 2011, re: #296 , #297 , #301 . Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 303 DECLARATION of Mariano Goldschmidt in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,., #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 302 DECLARATION of Joaquina Maria Berraondo in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,., #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hecht, Steven) |
| Filing 301 MEMORANDUM OF LAW of the Republic of Argentina in Opposition to Plaintiff's Motion to Confirm Ex Parte Attachment Order and in Support of Motion to Vacate Order, dated March 22, 2011, re: #289 , #296 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 300 DECLARATION of Steven M. Hecht in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,., #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hecht, Steven) |
| Filing 299 MEMORANDUM OF LAW in Support re: #298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,., #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. AND IN OPPOSITION TO MOTION TO CONFIRM ATTACHMENT. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 298 MOTION to Vacate #288 Order on Motion to Attach,,,,,,,. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). Return Date set for 4/14/2011 at 09:00 AM. (Attachments: #1 Text of Proposed Order)(Hecht, Steven) |
| Filing 297 DECLARATION of Sara A. Sanchez re: #296 MOTION to Vacate #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011., #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Declaration dated March 22, 2011, with exhibits A-D. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 296 MOTION to Vacate #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 295 REPLY MEMORANDUM OF LAW regarding Motions to Quash and to Compel. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 294 NOTICE OF APPEARANCE by Kevin Michael Brennan on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Brennan, Kevin) |
| Filing 293 NOTICE OF APPEARANCE by Steven Michael Hecht on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Hecht, Steven) |
| Filing 292 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 2/25/2011, re: We represent plaintiff NML Capital, Ltd. in the above-captioned actions and write on behalf of NML and plaintiff EM Ltd. (together "Plaintiffs"), to request a brief extension of the due date for Plaintiffs' reply submission in further support of its motions to compel compliance with certain subpoenas, and in opposition to the motions to quash those subpoenas. That submission is currently due on March 1, 2011; Plaintiffs request an extension until March 4. Neither defendant the Republic of Argentina, nor nonparties the Bank for International Settlements, Jaime Caruana, Banco de la Nacion Argentina or Bank of America objects to this request. In compliance with the Court's Individual Practice I.E, Plaintiffs disclose that several requests for extensions of time have been made in connection with the affected motions-all of which were by consent, and none of which was denied. ENDORSEMENT: Approved. Set Deadline as to #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents: Replies due by 3/4/2011. (Signed by Judge Thomas P. Griesa on 2/28/2011) (lnl) |
| Filing 291 DECLARATION of Charles R. Jacob III in Support re: #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Sher, Jeremy) |
| Filing 290 MEMORANDUM OF LAW in Support re: #289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 289 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Document filed by NML Capital, Ltd.. Return Date set for 3/14/2011 at 09:30 AM.(Sher, Jeremy) |
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Filing 288
ORDER OF ATTACHMENT granting #283 Motion to Attach in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for NML in all of the Pending NML Actions, and that the amount to be secured by this Order is $2,521,083,692.38 and as further set forth herein; FURTHER ORDERED that the attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that NML pay Argentina' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment Order if it is decided that NML is not entitled to an attachment of the Properly described above and is ordered to compensate Argentina; and it is FURTHER ORDERED that the garnishee statement required by CPLR 6219 shall be served via email and first class email, within 5 days of service on you with this Attachment Order, upon Charles R. Jacob III, Esq., Miller & Wrubel P.C., 570 Lexington Avenue, New York, NY 10022, cjacob@mw-law.com; and it is FURTHER ORDERED that you, your agents, subdivisions, officers, employees, and attorneys, and all persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Attachment Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt; (Signed by Judge Thomas P. Griesa on 2/7/11) (djc). Modified on 2/18/2011 (djc).
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| Filing 287 CERTIFICATE OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 9, 2011. Service was accepted by Audrey Acchione, person authorized to accept service. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 286 AFFIDAVIT OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 8, 2011. Service was accepted by CSC (Corporate Services Company) as registered agent. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 285 MEMORANDUM OF LAW in Support re: #283 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 284 DECLARATION of Charles R. Jacob III in Support re: #283 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Sher, Jeremy) |
| Filing 283 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. Document filed by NML Capital, Ltd..(Sher, Jeremy) |
| Filing 282 DECLARATION of Rachel Goldbrenner , dated February 10, 2011. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Blackman, Jonathan) |
| Filing 281 MEMORANDUM OF LAW /Supplemental Memorandum of Law of The Republic of Argentina in Support of Motions to Quash and in Opposition to Motions to Compel Subpoenas, dated February 10, 2011. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 280 DECLARATION of Hermann Greve in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 279 DECLARATION of Prof Dr. Ramon Mabillard LL.M. in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 278 REPLY MEMORANDUM OF LAW in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. and in Opposition to the Plaintiffs' Cross-Motion to Compel. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 277 DECLARATION of Miguel Angel Mandrile in Opposition re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 276 DECLARATION of Eduardo Alberto Barreira Delfino in Opposition re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 275 MEMORANDUM OF LAW in Opposition re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 274 DECLARATION of Mark S. Sullivan in Opposition re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit Exhibit, #2 Exhibit Exhibit, #3 Errata Exhibit, #4 Errata Exhibit, #5 Exhibit Exhibit)(Sullivan, Mark) |
| Filing 273 DECLARATION of Eric C. Kirsch. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Cohen, Robert) |
| Filing 272 DECLARATION of CHARLES R. JACOB. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 271 DECLARATION of ROSSANA SALARIS IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY BANK OF AMERICA, N.A. AND IN OPPOSITION TO MOTION TO QUASH SUBPOENA. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 270 DECLARATION of ERIC C. KIRSCH. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B PT 1 OF 2, #3 Exhibit B PT 2 OF 2, #4 Exhibit C)(Cohen, Robert) |
| Filing 269 SUPPLEMENTAL MEMORANDUM OF LAW REGARDING MOTIONS TO QUASH AND COMPEL. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 268 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 1/11/2011, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and as directed by the Court at the end of the December 17, 2010 motion conference in these actions (the "Motion Conference"), write on behalf of NML and EM Ltd. (together "Plaintiffs"), nonparties the Bank for International Settlements and Jaime Caruana (together, the "BIS Nonparties"), nonparty Banco de la Nacion Argentina ("BNA"), nonparty Bank of America ("BofA") and defendant the Republic of Argentina (the "Republic") to propose a schedule for further briefing in connection with various discovery-related motions now pending in these actions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/13/2011) (lnl) |
| Set Deadline as to #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. BIS Reply Memorandum due by 2/10/2011. (lnl) |
| Set Deadline as to #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Plaintiffs' Reply Memorandum due by 3/1/2011. (lnl) |
| Filing 267 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Mark S. Sullivan, dated 11/30/2010, re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the revised briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 10, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; January 13, 2011: Plaintiff's reply memorandum in support of Motion, and any supporting papers. The Court previously endorsed a briefing schedule with the respective papers due on December 1 and December 15. However, logistics issues, including the translation of documents, caused BNA to request the revised schedule, to which all of the parties have consented. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl) |
| Filing 266 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 12/1/2010, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write on behalf of NML and EM Ltd. ("EM", and together with NML "Plaintiffs"), and non parties Jaime Caruana and the Sank for International Settlements ("BIS"), to request an adjournment of the schedule for further briefing on Mr. Caruana and the BIS's pending motion to quash, and Plaintiffs' pending cross motion to compel (collectively, the "BIS Motions"). The parties have agreed to the following proposed schedule for further briefing on the BIS Motions: December 21, 2010 Mr. Caruana and the BIS's reply in support of motion to quash and opposition to motion to compel January 14, 2011 Plaintiffs' reply in support of motion to compel. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #168 Declaration in Support of Motion, filed by NML Capital, Ltd., #159 Notice of Appearance filed by NML Capital, Ltd., #161 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena. filed by NML Capital, Ltd., #185 Endorsed Letter, #217 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #189 Certificate of Service Other filed by NML Capital, Ltd., #167 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #186 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #204 Order, #219 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #200 Declaration filed by NML Capital, Ltd., #182 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #257 Declaration filed by The Republic of Argentina, #238 Reply Memorandum of Law in Oppisition to Motion, filed by Banco De La Nacion Argentina, #236 Stipulation and Order, Set Scheduling Order Deadlines,,,, #258 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #252 Notice of Appeal filed by The Republic of Argentina, #241 Order,,,, #188 Declaration, filed by NML Capital, Ltd., #237 Stipulation and Order, Set Deadlines/Hearings,,,, #220 Stipulation and Order, Set Deadlines/Hearings,,,,,, #148 Declaration filed by The Republic of Argentina, #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #212 Order,,,, #152 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #199 Reply Memorandum of Law, filed by NML Capital, Ltd., #183 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #225 Notice of Appeal filed by NML Capital, Ltd., #165 Declaration in Support of Motion, filed by NML Capital, Ltd., #179 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #156 Affidavit of Service Other filed by NML Capital, Ltd., #263 Declaration in Support of Motion, filed by NML Capital, Ltd., #226 USCA Mandate, #153 Affidavit of Service Other, filed by NML Capital, Ltd., #224 USCA Mandate,,,,,, #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by NML Capital, Ltd., #211 Joinder, filed by The Republic of Argentina, #262 Declaration in Support of Motion,, filed by NML Capital, Ltd., #232 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #216 Declaration in Support of Motion, filed by The Republic of Argentina, #176 Affidavit of Service Other, filed by Citigroup, Inc., #261 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #239 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #264 Declaration in Support of Motion,, filed by NML Capital, Ltd., #249 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #223 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #173 Memorandum of Law in Opposition to Motion, filed by The Republic of Argentina, #259 Endorsed Letter, Set Deadlines,,,,,, #255 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #254 Declaration in Support of Motion,, filed by NML Capital, Ltd., #175 Declaration in Opposition to Motion filed by Citigroup, Inc., #242 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #192 Memorandum of Law in Opposition filed by The Republic of Argentina, #194 USCA Order,,,, #177 Certificate of Service Other filed by The Republic of Argentina, #229 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #222 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #147 Memorandum of Law in Opposition filed by The Republic of Argentina, #240 Stipulation and Order, Consent Order,, #181 Declaration in Support of Motion, filed by NML Capital, Ltd., #196 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #157 Affidavit of Service Other filed by NML Capital, Ltd., #174 Memorandum of Law in Opposition to Motion filed by Citigroup, Inc., #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #202 Endorsed Letter,, #235 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #149 Certificate of Service Other filed by The Republic of Argentina, #221 Memorandum & Opinion, #195 Certificate of Service Other filed by The Republic of Argentina, #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena. filed by NML Capital, Ltd., #205 Order,,, #169 Affidavit of Service Other filed by NML Capital, Ltd., #233 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #146 Order, #244 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. filed by The Republic of Argentina, #245 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #180 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Memorandum of Law in Opposition to Motion filed by Barclays Bank PLC, #218 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #155 Affidavit of Service Other filed by NML Capital, Ltd., #243 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #247 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 Declaration in Support of Motion, filed by NML Capital, Ltd., #198 Order,,,, #158 Affidavit of Service Other filed by NML Capital, Ltd., #171 Memorandum & Opinion,,,, #250 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #251 Memorandum & Opinion,,,,,,, #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. filed by NML Capital, Ltd., #170 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #209 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #228 Declaration in Support of Motion, filed by The Republic of Argentina, #206 Order, #190 USCA Mandate,,,,, #207 Joinder, filed by The Republic of Argentina, #150 Certificate of Service Other filed by The Republic of Argentina, #231 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #234 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #208 Response filed by Banco Central de la Republica Argentina, #213 Order,, #187 Memorandum of Law in Support filed by NML Capital, Ltd., #248 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. filed by NML Capital, Ltd., #184 Certificate of Service Other filed by The Republic of Argentina, #256 Joinder filed by The Republic of Argentina, #164 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #191 Declaration in Opposition filed by The Republic of Argentina, #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #197 Order,,,,,, #154 Affidavit of Service Other filed by NML Capital, Ltd. #17 Memorandum of Law in Support filed by NML Capital, Ltd., #124 Order, Set Deadlines/Hearings, #6 Answer to Complaint filed by The Republic of Argentina, #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #118 Declaration, filed by NML Capital, Ltd., #91 Declaration in Support of Motion, filed by NML Capital, Ltd., #79 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #71 Order Striking Document from Record, #127 Order, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #94 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines, #47 Order on Motion for Miscellaneous Relief, #109 Declaration in Support of Motion filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #122 Protective Order, #8 Notice of Appearance filed by NML Capital, Ltd., #114 Memorandum & Opinion, #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #133 Declaration filed by NML Capital, Ltd., #88 Declaration in Support of Motion filed by NML Capital, Ltd., #93 Order, Set Motion and R&R Deadlines/Hearings, #52 Declaration filed by The Republic of Argentina, #107 Endorsed Letter, #66 Notice of Appearance 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, #81 Certificate of Service Other filed by Administracion Nacional de Seguridad Social, #111 Reply Memorandum of Law in Oppisition, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #90 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #121 Declaration filed by NML Capital, Ltd., #95 Declaration in Support of Motion filed by NML Capital, Ltd., #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #80 Certificate of Service Other filed by The Republic of Argentina, #45 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #2 |
| Filing 265 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #252 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4450-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). |
| Filing 264 DECLARATION of Dennis H. Hranitzky in Opposition to Motion to Quash Subpoena and in Support re: #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C 1 OF 2, #4 Exhibit C 2 OF 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Hranitzky, Dennis) |
| Filing 263 DECLARATION of Saverio Lembo in Opposition to Motion to Quash Subpoena and in Support re: #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 262 DECLARATION of Alex Cukierman Ph.D in Opposition to Motion to Quash Subpoena and in Support re: #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 1OF3, #10 Exhibit 9 2OF3, #11 Exhibit 9 3OF3, #12 Exhibit 10 1OF2, #13 Exhibit 10 2OF2, #14 Exhibit 11, #15 Exhibit 12)(Hranitzky, Dennis) |
| Filing 261 MEMORANDUM OF LAW in Support re: #260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. and in Opposition to Motion to Quash Subpoena. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 260 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
| Filing 259 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated November 4, 2010 re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the following, agreed briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 1, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; December 15, 2010: Plaintiff's reply memorandum in support of Motion, and any supporting papers. ENDORSEMENT: Approved. ( Responses due by 12/1/2010, Replies due by 12/15/2010.) (Signed by Judge Thomas P. Griesa on 11/8/20/10) (jmi) Modified on 11/10/2010 (jmi). |
| Filing 257 DECLARATION of Rachel Goldbrenner, dated November 3, 2010, re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana., #256 Joinder. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 256 JOINDER to join re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 255 MEMORANDUM OF LAW in Support re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 254 DECLARATION of Joshua I. Sherman in Support re: #253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Cohen, Robert) |
| Filing 253 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #252 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #252 Notice of Appeal. (nd) |
| Filing 252 NOTICE OF APPEAL from #251 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 920153. (nd) |
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Filing 258
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 10/25/2010 re: Counsel request that the Court endorse the following, agreed briefing schedule for the non-parties' October 21, 2010 Motion to Quash the Subpoena Served on Jaime Caruana (the "Motion"): November 19, 2010: Plaintiffs memorandum in opposition to Motion, and any supporting papers (otherwise due October 28, 2010); December 10, 2010: Non-parties' reply memorandum in support of Motion, and any supporting papers (otherwise due November 1, 2010). ENDORSEMENT: Approved. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/26/2010) (jfe)
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| Set/Reset Deadlines as to #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Responses due by 11/19/2010 Replies due by 12/10/2010. (jfe) |
| Filing 250 DECLARATION of Dr. Ramon Mabillard in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Wagner, Karen) |
| Filing 249 DECLARATION of Hermann Greve in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
| Filing 248 DECLARATION of Jaime Caruana in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
| Filing 247 MEMORANDUM OF LAW in Support re: #246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 246 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen) |
| Filing 245 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen) |
| Filing 244 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Bank for International Settlements, Jaime Caruana (Kerr, James) |
| Filing 243 NOTICE OF APPEARANCE by Jennifer Gillian Newstead on behalf of Bank for International Settlements, Jaime Caruana (Newstead, Jennifer) |
| Filing 242 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Jaime Caruana, Bank for International Settlements (Wagner, Karen) |
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Filing 241
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 10/19/2010) (jpo)
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Filing 251
OPINION #99509 re: 97 MOTION for Reconsideration, filed by EM Ltd., NML Capital, Ltd., 111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd., filed by EM Ltd., 129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010, filed by The Republic of Argentina, 112 MOTION for Attachment Asset Pledge Plaintiffs' Ex Parte Motion for Attachment of Assets (Related to Document Nos. 109 and 110), filed on behalf of EM Ltd. and NML Capital Ltd. MOTION for Attachment Asset Pledge Plaintiffs' Ex Parte Motion for Attachment of Assets (Related to Document Nos. 109 and 110), filed on behalf of EM Ltd. and NML Capital Ltd., filed by EM Ltd., 116 MOTION confirm Order of Attachment entered on May 28, 2010,filed by NML Capital, Ltd., 123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010, filed by Banco De La Nacion Argentina. CONCLUSION: The court grants plaintiffs' 10/15/09 motion for reconsideration, vacates the dismissal of the separate alter ego action, and confirms the validity of the attachment of the AMPCT account as of 9/12/08. The court grants the motion to amend the complaint in the separate alter ego action. The court denies the motion to confirm the 5/28/10 order attaching the ANPTC account as of 5/28/10 and grants the Republic's cross-motion to vacate. This opinion resolves the motions listed as document numbers 97,111,112,116,123, and 129 in the case with docket number 08 cv 7974, as well as the same motions listed on the related docket numbers (03-2507, 03-8845, 05-2434, 06-6466, 07-1910, 07-2690, 07-6563, 08-2541, 08-3302, 08-6978). (Signed by Judge Thomas P. Griesa on 9/30/10) (cd) Modified on 10/4/2010 (ajc). (cd). (Entered: 11/01/2010)
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Filing 240
STIPULATION AND CONSENT ORDER: Now, THEREFORE, it is STIPULATED and AGREED by and among Plaintiffs, BNA and the Republic, and hereby: ORDERED that the 2008 Orders and the 2010 Order, as they relate to property of BNA, are hereby vacated and, as a result, no restraints, attachments or other restrictions remain on any property of BNA, including but not limited to the Asset Pledge Accounts, the HSBC Account and the JP Morgan Chase Account. (Signed by Judge Thomas P. Griesa on 9/24/2010) (jfe)
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| Filing 239 REPLY MEMORANDUM OF LAW in Support re: #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine) |
| Filing 238 REPLY MEMORANDUM OF LAW in Opposition re: #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd... Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
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Filing 237
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: It is hereby stipulated and agreed by and between the parties that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers by September 21,2010. (Signed by Judge Thomas P. Griesa on 8/13/2010) (jpo) Modified on 8/31/2010 (jpo).
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Filing 236
STIPULATION AND ORDER, that 1. With respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. 2. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before September 21, 2010. (Signed by Judge Thomas P. Griesa on 8/13/10) (pl)
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| Filing 235 DECLARATION of Geoffrey P. Miller in Support re: #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sullivan, Mark) |
| Filing 234 DECLARATION of Hernan Del Villar in Support re: #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark) |
| Filing 233 DECLARATION of Eduardo Barreira Delfino in Support re: #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 232 DECLARATION of Juan Carlos Fabrega in Support re: #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit D, Part 3, #7 Exhibit D, Part 4, #8 Exhibit D, Part 5, #9 Exhibit D, Part 6, #10 Exhibit D, Part 7, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H)(Sullivan, Mark) |
| Filing 231 MEMORANDUM OF LAW in Support re: #230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Memorandum of Law of Banco De La Nacion Argentina (1) In Further Opposition to Plaintiffs" Motion For Consideration of the Court's September 30, 2009 Opinion; (2) In Opposition to Plaintiffs' Motion to Confirm and in Support of Its Motion to Vacate May 28, 2010 Ex Parte Attachment Orders and (3) In Opposition to Plaintiff's' Motion for Leave to Amend Their Alter Ego Complaint. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 230 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark) |
| Filing 229 MEMORANDUM OF LAW in Support re: #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. / Memorandum of Law of the Republic of Argentina in Support of Motion to Vacate the 2010 Orders and in Opposition to Plaintiffs' Motions (i) to Confirm the 2010 Orders; (ii) for Reconsideration of Alter Ego Decision; and (iii) to Amend Alter Ego Complaint. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 228 DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: #227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit Exhibits A-O)(Moore, Christopher) |
| Filing 227 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Moore, Christopher) |
| Filing 226 MANDATE of USCA (Certified Copy) as to #225 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 10-2883....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2010. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #225 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #225 Notice of Appeal. (nd) |
| Filing 225 NOTICE OF APPEAL from #221 Memorandum & Opinion. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number E 909074. (nd) |
| Filing 224 MANDATE of USCA (Certified Copy) as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (129 in 1:08-cv-03302-TPG) Notice of Appeal filed by The Republic of Argentina, (192 in 1:05-cv-02434-TPG) Notice of Appeal, filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (144 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01707-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (214 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01708-TPG) Notice of Appeal filed by The Republic of Argentina, (113 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (132 in 1:08-cv-02541-TPG) Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). Ordered, Adjudged and Decreed that the order of the District Court holding Defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: (339 in 1:05-cv-02434-TPG, 210 in 1:07-cv-02690-TPG, 209 in 1:08-cv-06978-TPG, 323 in 1:03-cv-08845-TPG, 212 in 1:07-cv-01910-TPG, 224 in 1:08-cv-03302-TPG, 66 in 1:09-cv-01707-TPG, 73 in 1:05-cv-10380-TPG, 70 in 1:05-cv-10382-TPG, 67 in 1:09-cv-01708-TPG, 395 in 1:03-cv-02507-TPG, 255 in 1:07-cv-02693-TPG, 199 in 1:07-cv-06563-TPG, 261 in 1:06-cv-06466-TPG, 328 in 1:07-cv-11327-TPG, 345 in 1:07-cv-02715-TPG, 227 in 1:08-cv-02541-TPG) USCA Mandate,. (nd) |
| Set/Reset Deadlines: Motions due by 7/30/2010. Replies due by 8/30/2010. Responses due by 8/13/2010 (jfe) |
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Filing 223
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: NOW, THEREFORE, it is STIPULATED and AGREED that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Defendants shall submit their opposition briefs and any supporting papers on or before July 30, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 13, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening briefs and any supporting papers on or before July 30, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 13, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before August 30, 2010. (Signed by Judge Thomas P. Griesa on 7/8/2010) (jfe)
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| Filing 222 REPLY MEMORANDUM OF LAW in Support re: #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine) |
| MEMORANDUM OF LAW in Support of Defendant's MOTION to Quash. Document filed by Bank of America, N.A. ***Original filed in case number 03-cv-8845, document #319. (mro) |
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Filing 221
OPINION: For the reasons stated in this Opinion, Plaintiffs' motions to confirm the various orders are denied. Defendants' cross-motion to vacate is granted. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo) (jpo).
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Filing 220
STIPULATION AND CONSENT ORDER: It is hereby ordered that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their opening brief and any supporting papers on or before June 30, 2010, Defendants shall submit their opposition brief and any supporting papers on or before July 21, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 4, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening brief and any supporting papers on or before July 21, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 4, 2010 and Defendants shall submit their reply brief and any supporting papers on or before August 18, 2010. With respect to the 2010 Order served on HSBC on May 28, 2010, the attachment is vacated, as set forth in this stipulation. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo)
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| Set Deadlines/Hearings: Motions due by 7/21/2010. Replies due by 8/18/2010. Responses due by 8/4/2010 (jpo) |
| Filing 219 REPLY MEMORANDUM OF LAW in Support re: #209 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 218 REPLY MEMORANDUM OF LAW in Support re: #209 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 217 MEMORANDUM OF LAW in Support re: #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 216 DECLARATION of Carmine D. Boccuzzi, dated May 17, 2010, with Exhibits A-Q in Support re: #215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 215 MOTION to Quash / Notice of Motion to Quash Subpoena, dated May 17, 2010, with Certificate of Service of Richard V. Conza. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 214 SEALED DOCUMENT placed in vault.(nm) |
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Filing 213
ORDER AUTHORIZING TENDER OF BENEFICIAL INTERESTS FOR PURPOSES OF PARTICIPATION IN THE 2010 EXCHANGE OFFER that 1) Any plaintiff in the above-listed cases who holds a judgment and wishes to participate in the 2010 Exchange Offer may tender the beneficial interests in the Eligible Securities underlying such judgment in accordance with the terms of the 2010 Exchange Offer, and 2) The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. So Ordered. (Signed by Judge Thomas P. Griesa on 4/29/10) (cd)
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Filing 212
ORDER, The 2/11 Ex Parte Order is hereby vacated in all respects and replaced by this Order. The 1/10 Ex Parte Orders are hereby vacated as to contract carriers that transport or deliver paper and coin currency from the FRBNY to BCRA, including without limitation the contract-carrier arm of Brinks, with respect to the physical transportation of paper and coin currency from the FRBNY to BCRA in Argentina. In all other respects, the 1/10 Ex Part Orders remain in effect as of the date they were served, pending further order of the Court. The 2/11 Ex Parte Motion and all supporting papers, all papers in opposition to the 2/11 Ex Parte Motion, and all related motions to confirm or vacate the relief granted herein, shall be treated by all parties as "Highly Confidential Information" and filed under seal in accordance with the provisions of the Stipulated Protective Order dated 9/10/08 attached hereto as Annex A.....Nothing herein shall constitute an express or implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 3/8/20) (cd)
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| Filing 211 JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 210 SEALED DOCUMENT placed in vault.(nm) |
| Filing 209 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) |
| Filing 208 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 207 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) |
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Filing 206
ORDER: Plaintiff had moved in the above-captioned actions to confirm priority with respect to the ANSES assets that are the subject of these actions. However, these assets are no longer subject to attachment. The motion to confirm priority is therefore denied as moot. (Signed by Judge Thomas P. Griesa on 3/22/2010) (tro)
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Filing 205
ORDER: Plaintiffs in the above-captioned actions, EM Ltd. and NML Capital, Ltd., now move for attachment and restraining orders and writs of execution mirroring the February 23 orders entered in favor of Aurelius Capital Partners et al. In view of the fact that the District Court has determined that there is no right to process with respect to the assets in question, the application of EM and NML is denied. It is appropriate to note that because of the stay order, certain of the assets are tied up pending the appeal. EM and NML are obviously seeking to assert their rights against these tied-up assets and to further assert those rights in the event the District Court is reversed. The court states that in the event of such a reversal, appropriate steps will be taken to recognize the motion which has been made by EM and NML and to further recognize whatever rights they should obtain by virtue of their motion. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
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Filing 204
ORDER: Plaintiffs' motion to confirm this court's November 24, 2008 attachment and restraining orders and writs of execution is denied since they have been vacated by the Court of Appeals ruling properly interpreted. Plaintiffs' motion for new attachment and restraining orders and new writs of execution directed to the same assets is also denied. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
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| Filing 203 SEALED DOCUMENT placed in vault.(jri) |
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Filing 202
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 3/8/2010 re: Counsel for Banco Central de la Republica Argentina request that the Court extend the confidentiality requirements of the 2/11/2010 Ex Parte Order to additional cases as further set forth in this letter. The plaintiffs in each of these cases have been served with the 2/11/2010 Ex Parte Order. The current request is necessary to allow counsel to file under seal the already-served papers in each of those cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/12/2010) (tro)
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| Filing 201 MANDATE of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (107 in 1:05-cv-02434-TPG) Notice of Appeal filed by The Republic of Argentina, (41 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-10383-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (38 in 1:07-cv-06563-TPG) Notice of Appeal,, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (145 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (51 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (20 in 1:07-cv-00098-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (125 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (129 in 1:03-cv-08845-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (55 in 1:08-cv-02541-TPG) Notice of Appeal, filed by The Republic of Argentina, (67 in 1:02-cv-03804-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (23 in 1:05-cv-10636-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (41 in 1:07-cv-02693-TPG) Notice of Appeal filed by The Republic of Argentina, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (39 in 1:05-cv-02521-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (57 in 1:07-cv-02715-TPG) Notice of Appeal filed by The Republic of Argentina, (56 in 1:07-cv-02715-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-06002-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (72 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (19 in 1:06-cv-06221-TPG) Notice of Appeal, filed by The Republic of Argentina, (33 in 1:05-cv-03089-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (133 in 1:03-cv-08845-TPG) Notice of Appeal,, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (54 in 1:08-cv-03302-TPG) Notice of Appeal, filed by The Republic of Argentina, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (18 in 1:06-cv-14299-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (43 in 1:04-cv-03314-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (18 in 1:06-cv-03198-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (17 in 1:07-cv-00689-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (26 in 1:05-cv-06200-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (19 in 1:07-cv-11496-TPG) Notice of Appeal, (37 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (108 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (41 in 1:08-cv-06978-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (20 in 1:07-cv-02788-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (18 in 1:07-cv-00937-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (19 in 1:08-cv-00440-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (34 in 1:04-cv-07056-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:06-cv-00207-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:04-cv-06594-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (50 in 1:08-cv-02541-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06032-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (59 in 1:07-cv-02715-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (24 in 1:05-cv-08687-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:07-cv-06563-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:08-cv-02541-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (27 in 1:05-cv-10382-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (42 in 1:07-cv-02693-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (64 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (98 in 1:05-cv-02434-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:05-cv-00177-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:06-cv-07100-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (194 in 1:03-cv-02507-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:02-cv-03808-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP |
| Filing 200 DECLARATION of David M. Bigge Supplemental Declaration Of David M. Bigge In Support Of Plaintiffs' September 28, 2006 Motion For Orders Of Restraint And Pre-Judgment Attachment.. Document filed by NML Capital, Ltd.. (Bigge, David) |
| Filing 199 SUPPLEMENTAL REPLY MEMORANDUM OF LAW In Reply To Defendant Banco Central De La Republica Argentina's Supplemental Memorandum In Response To The December 7, 2009 Declaration of Dennis Hranitzky.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 198
RESTRAINING ORDER. To: ABN AMRO Bank NV, et al...; Now, on the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML, IT IS HEREBY ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $2,374,589,275, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest. FURTHER ORDERED that the two bonds of $100,000 each ($200,000 total) previously posted by EM, and the bond of $250,000 previously posted by NML, shall satisfy the bonding requirements for this Restraining Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Restraining Order if it is decided that Plaintiffs are not entitled to restrain the property described above and are ordered to compensate Defendants. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc) (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
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Filing 197
RESTRAINING ORDER. To: Lazard. Now, on the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML, IT IS HEREBY ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $2,374,589,275, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest...: FURTHER ORDERED that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina or BCRA have an interest, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Restraining Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order form this Court from directly or indirectly transferring, or ordering, directing, or requesting the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $2,374,589,275, consisting of...: FURTHER ORDERED that two bonds of $100,000 each ($200,000 total) previously posted by EM, and the bond of $250,000 previously posted by NML, shall satisfy the bonding requirements for this Restraining Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Restraining Order if it is decided that Plaintiffs are not e n titled to restrain the property described above and are ordered to compensate Defendants. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc))
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| Filing 196 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 195 CERTIFICATE OF SERVICE of Richard V. Conza, dated December 4, 2009, re: #191 and #192 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 194 TRUE COPY ORDER of USCA as to Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A.; Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5621-cv(L). The Court's December 2, 2009 order granting the Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is hereby vacated. The Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is construed as a motion to recall the mandate and to stay the mandate. So construed, it is granted and the mandate is recalled and stayed for twenty-one (21) days from the date of this order. The stay of the mandate will be terminated automatically twenty-one (21) days from the date of this order. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/4/2009. [ORIGINAL ENTERED IN CASE : 07cv2715, DOC # 265]. (nd) |
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Filing 193
ORDER of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (221 in 1:03-cv-02507-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-02693-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (55 in 1:05-cv-10382-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (106 in 1:08-cv-06978-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (33 in 1:07-cv-11497-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:07-cv-11495-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:07-cv-11327-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (45 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-10636-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (99 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:05-cv-06002-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (154 in 1:03-cv-08845-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (26 in 1:08-cv-06625-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:05-cv-10383-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (80 in 1:06-cv-00207-TPG) Amended Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-08687-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (29 in 1:08-cv-00440-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (71 in 1:08-cv-06978-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (168 in 1:03-cv-08845-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (23 in 1:07-cv-05807-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (24 in 1:06-cv-07100-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (36 in 1:05-cv-05197-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:07-cv-11497-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:03-cv-08120-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (168 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-06594-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-05807-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (31 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (153 in 1:03-cv-08845-TPG) Amended Notice of Appeal,, filed by Administracion Nacional de Seguridad Social, (120 in 1:08-cv-02541-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (75 in 1:07-cv-11327-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (234 in 1:03-cv-02507-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (108 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (113 in 1:07-cv-02715-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (47 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (81 in 1:06-cv-00207-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:06-cv-14299-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (40 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (38 in 1:05-cv-10383-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-06200-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:04-cv-06137-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-02607-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Republic of Argentina, (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-08195-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (56 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:06-cv-06466-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (44 in 1:04-cv-07056-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (42 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (71 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (32 in 1:04-cv-06137-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:04-cv-03313-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:05-cv-00178-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) N
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| Filing 192 MEMORANDUM OF LAW in Opposition re: #188 Declaration, #187 Memorandum of Law in Support. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 191 DECLARATION of Rahul Mukhi, dated December 3, 2009 in Opposition re: #188 Declaration, #187 Memorandum of Law in Support. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-H)(Boccuzzi, Carmine) |
| Filing 190 MANDATE of USCA (Certified Copy) as to #49 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, #116 Amended Notice of Appeal filed by The Republic of Argentina, #48 Notice of Appeal filed by Administracion Nacional de Seguridad Social, #54 Notice of Appeal, filed by The Republic of Argentina, #68 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #77 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #120 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #76 Amended 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 USCA Case Number 08-5694-cv, 08-5776-cv, 08-6251-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) |
| Filing 189 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 188 DECLARATION of Eric C. Kirsch in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hranitzky, Dennis) |
| Filing 187 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 186 REPLY MEMORANDUM OF LAW in Support re: #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd... Document filed by NML Capital, Ltd.. (Attachments: #1 Affirmation of Service)(Hranitzky, Dennis) |
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Filing 185
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 11/9/2009 re: Counsel writes to inform the Court that the parties have agreed to Plaintiffs' reply papers in further support of their motion for reconsideration shall be due on or before November 20, 2009. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Thomas P. Griesa on 11/10/2009) (jfe)
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| Set/Reset Deadlines as to #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd... Replies due by 11/20/2009. (jfe) |
| Filing 184 CERTIFICATE OF SERVICE of Richard V. Conza re #183 on November 5, 2009. Service was made by Federal Express. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 183 MEMORANDUM OF LAW in Opposition re: #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. , dated November 5, 2009. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 182
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 10/27/09 re: Counsel for defendant Banco de la Nacion Argentina write on behalf of all counsel to inform the Court that, subject to Your Honor's approval, the parties have agreed that BNA's and the Republic of Argentina's time to file papers in opposition to plaintiffs' motion for reconsideration of the Court 9/30/09 Order and Opinion shall be extended from 10/29/09 until 11/5/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/2/09) (tro)
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| Set/Reset Deadlines as to #178 MOTION for Reconsideration re; #171 Memorandum & Opinion, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. Responses due by 11/5/2009 (tro) |
| Filing 181 DECLARATION of Kevin S. Reed in Support re: #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena., #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena., #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Reed, Kevin) |
| Filing 180 REPLY MEMORANDUM OF LAW in Support re: #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena., #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena., #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. Memorandum of Law of NML Capital In Reply To Opposition To Motion To Compel Barclays Bank PLC,Citigroup,Inc. & Deutsche Bank To Respond To Subpoena. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 179 MEMORANDUM OF LAW in Support re: #178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. / Plaintiffs' Memorandum of Law in Support of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. Document filed by NML Capital, Ltd.. (Grosso, Suzanne) |
| Filing 178 MOTION for Reconsideration re; #171 Memorandum & Opinion,,,, / Notice of Motion for Reconsideration, filed by NML Capital, Ltd. and EM Ltd.. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne) |
| Filing 177 CERTIFICATE OF SERVICE of Andrew M. Scott re #173 on October 9, 2009. Service was made by HAND. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 176 AFFIDAVIT OF SERVICE of Memorandum of Law of Non-Party Citigroup, Inc., in Opposition and the Declaration of Sharon L.Schneier in Opposition served on Kevin S. Reed, Esq. on 10/09/09. Service was made by Federal Express. Document filed by Citigroup, Inc.. (Schneier, Sharon) |
| Filing 175 DECLARATION of Sharon L. Schneier in Opposition re: #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena.. Document filed by Citigroup, Inc.. (Schneier, Sharon) |
| Filing 174 MEMORANDUM OF LAW in Opposition re: #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena.. Document filed by Citigroup, Inc.. (Schneier, Sharon) |
| Filing 173 MEMORANDUM OF LAW in Opposition re: #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena., #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena., #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena.. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 172 MEMORANDUM OF LAW in Opposition re: #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena.. Document filed by Barclays Bank PLC. (Attachments: #1 Appendix Certificate of Service)(Forster Galvin, Joni) |
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Filing 171
OPINION: Since the orders of attachment relate only to the asset pledge account or accounts, and are based on the alter ego argument, plaintiffs' motion to confirm the orders of attachment is denied and the orders are vacated. To the extent that the restraining orders cover the asset pledge account or accounts, plaintiffs' motion to confirm the restraining orders is denied and the restraining orders are vacated. To the extent that the restraining orders cover the ANPCT account at BNA, plaintiffs' motion to confirm the restraining orders is granted. Plaintiffs are entitled to execution to partially satisfy judgments. To the extent that the restraining orders cover the INTA account, plaintiffs' motion to confirm the restraining orders is denied and the restraining orders are vacated. Defendants' motion to dismiss the separate action seeking a declaration that BNA is the alter ego of the Republic, is granted. Settle any appropriate further orders. (Signed by Judge Thomas P. Griesa on 9/30/09) (ae)
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| Filing 170 STIPULATION TO EXTEND: IT IS HEREBY STIPULATED AND AGREED by and among undersigned counsel that the time for Barclays Bank PLC to oppose Plaintiff NML Capital, Ltd.'s Motion to Compel Barc1ays Bank PLC to Respond to Subpoena in the above captioned actions is hereby extended to, and including, October 2, 2009. (Signed by Judge Thomas P. Griesa on 9/28/2009) (jfe) |
| Filing 169 AFFIDAVIT OF SERVICE of Modified Order of Attachment served on Citibank N.A. on November 12, 2008. Service was accepted by Russ Abidally, Assistant Vice President. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 168 DECLARATION of William B. Mack in Support re: #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Mack, William) |
| Filing 167 MEMORANDUM OF LAW in Support re: #166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Mack, William) |
| Filing 166 MOTION to Compel Deutsche Bank AG to Respond to Subpoena. Document filed by NML Capital, Ltd..(Mack, William) |
| Filing 165 DECLARATION of William B. Mack in Support re: #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Mack, William) |
| Filing 164 MEMORANDUM OF LAW in Support re: #163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Mack, William) |
| Filing 163 MOTION to Compel Citigroup, Inc. to Respond to Subpoena. Document filed by NML Capital, Ltd..(Mack, William) |
| Filing 162 DECLARATION of William B. Mack in Support re: #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Mack, William) |
| Filing 161 MEMORANDUM OF LAW in Support re: #160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena.. Document filed by NML Capital, Ltd.. (Mack, William) |
| Filing 160 MOTION to Compel Barclays Bank, PLC to Respond to Subpoena. Document filed by NML Capital, Ltd..(Mack, William) |
| Filing 159 NOTICE OF APPEARANCE by William Brady Mack, III on behalf of NML Capital, Ltd. (Mack, William) |
| Filing 158 AFFIDAVIT OF SERVICE of Order of Attachment served on The Bank of America on December 9, 2008. Service was accepted by David K. Brown, Clerk in the Legal Department. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 157 AFFIDAVIT OF SERVICE of Order of Attachment served on HSBC Bank on December 9, 2008. Service was accepted by Davika Burahee, Customer Service Representative. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 156 AFFIDAVIT OF SERVICE of Order of Attachment served on Citibank N.A. on December 9, 2008. Service was accepted by Ming James, Project Analyst. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 155 AFFIDAVIT OF SERVICE of Modified Order of Attachment served on HSBC Bank on November 7, 2008. Service was accepted by Richard Palmer, General Counsel. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 154 AFFIDAVIT OF SERVICE of Modified Order of Attachment served on The Bank of America on November 7, 2008. Service was accepted by David K. Brown, Clerk in the Legal Department. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 153 AFFIDAVIT OF SERVICE of Plaintiff's Reply to the Memorandum of Law of the Republic of Argentina in Opposition to Plaintiff's Motion for Partial Reconsideration of the August 19, 2009 Order and the [Proposed] Order. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 152 REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for Partial Reconsideration of the August 19, 2009 Order. Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Jacob, Charles) |
| Filing 151 SEALED DOCUMENT placed in vault.(jri) |
| Filing 150 CERTIFICATE OF SERVICE of Richard V. Conza, Re #148 , dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 149 CERTIFICATE OF SERVICE of Richard V. Conza, Re #147 , dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 148 DECLARATION of Christopher P. Moore dated September 9, 2009, with Exhibits A - C. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 147 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Partial Reconsideration of August 19, 2009 Order, dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
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Filing 146
ORDER: On 8/7/09, plaintiff filed a motion seeking the attachment of certain property of an entity known as Energia Argentina S.A., and for discovery regarding that entity. For the reasons stated at the hearings on 8/7/09 and 8/11/09, plaintiff's application is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro)
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| Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #17 Memorandum of Law in Support filed by NML Capital, Ltd., #124 Order, Set Deadlines/Hearings, #6 Answer to Complaint filed by The Republic of Argentina, #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #118 Declaration, filed by NML Capital, Ltd., #91 Declaration in Support of Motion, filed by NML Capital, Ltd., #79 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #71 Order Striking Document from Record, #127 Order, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #94 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines, #47 Order on Motion for Miscellaneous Relief, #109 Declaration in Support of Motion filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #122 Protective Order, #8 Notice of Appearance filed by NML Capital, Ltd., #114 Memorandum & Opinion, #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #133 Declaration filed by NML Capital, Ltd., #88 Declaration in Support of Motion filed by NML Capital, Ltd., #93 Order, Set Motion and R&R Deadlines/Hearings, #52 Declaration filed by The Republic of Argentina, #107 Endorsed Letter, #66 Notice of Appearance 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, #81 Certificate of Service Other filed by Administracion Nacional de Seguridad Social, #111 Reply Memorandum of Law in Oppisition, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #90 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #121 Declaration filed by NML Capital, Ltd., #95 Declaration in Support of Motion filed by NML Capital, Ltd., #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #80 Certificate of Service Other filed by The Republic of Argentina, #45 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #24 MOTION To Confirm Restraining And Attachment Orders. filed by NML Capital, Ltd., #51 Order,, #72 CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment..CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment. filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #108 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #144 Affidavit of Service Other filed by NML Capital, Ltd., #37 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #16 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #126 Joinder,, filed by NML Capital, Ltd., #44 Declaration, filed by The Republic of Argentina, #104 Reply Memorandum of Law in Support of Motion filed by Banco De La Nacion Argentina, #112 Order, #92 Declaration in Support of Motion filed by NML Capital, Ltd., #18 Declaration in Support filed by NML Capital, Ltd., #145 Affidavit of Service Other filed by NML Capital, Ltd., #9 Notice of Appearance filed by NML Capital, Ltd., #115 Order, #83 Certificate of Service Other filed by The Republic of Argentina, #30 Protective Order, #39 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #36 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #40 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #82 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #87 Declaration in Support of Motion, filed by NML Capital, Ltd., #143 Appeal Record Sent to USCA - Index, #96 Reply Memorandum of Law in Support of Motion, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #97 Declaration in Support of Motion, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #69 Stipulation and Order, #14 Rule 56.1 Statement filed by NML Capital, Ltd., #86 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #10 MOTION for Summary Judgment. filed by NML Capital, Ltd., #20 Declaration in Support filed by NML Capital, Ltd., #74 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #125 Notice of Change of Address filed by NML Capital, Ltd., #106 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #21 Declaration in Support, filed by NML Capital, Ltd., #11 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #98 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #28 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #123 Order, #84 Declaration in Opposition to Motion filed by Administracion Nacional de Seguridad Social, #110 Affidavit of Service Other filed by NML Capital, Ltd., #130 Endorsed Letter, Set Deadlines/Hearings, #25 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #46 Certificate of Service Other filed by The Republic of Argentina, #103 Order, #42 Declaration filed by The Republic of Argentina, #26 Declaration in Support of Motion filed by NML Capital, Ltd., #67 Memorandum & Opinion, #78 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #7 Certificate of Service Other filed by The Republic of Argentina, #119 Memorandum & Opinion, #89 MOTION to Confirm Priority. filed by NML Capital, Ltd., #19 Declaration in Support filed by NML Capital, Ltd., #105 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #35 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #32 Memorandum of Law in Support of Motion filed by Banco De La Nacion Argentina, #38 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #142 Order to Show Cause, #23 Declaration in Support filed by NML Capital, Ltd., #132 Declaration filed by NML Capital, Ltd., #15 Response to Motion, filed by The Republic of Argentina, #50 Endorsed Letter, Set Deadlines, #43 Declaration filed by The Republic of Argentina, #13 Declaration in Support of Motion, filed by NML Capital, Ltd., #53 Order Issuing Maritime Attachment and Garnishment, #85 MOTION to Confirm Priority. filed by NML Capital, Ltd., #27 Certificate of Service Other filed by NML Capital, Ltd. USCA Case Number 09-2715-cv, were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 145 AFFIDAVIT OF SERVICE of Order to Show Cause, entered 8/7/09, served on Energia Argentina S.A. on 8/7/09. Service was accepted by Jesus Ramos, Banco de la Nacion Argentina. Document filed by NML Capital, Ltd.. (Kang, Haynee) |
| Filing 144 AFFIDAVIT OF SERVICE of Order to Show Cause, entered 8/7/09, served on The Republic of Argentina on 8/7/09. Service was accepted by Richard V. Conza. Document filed by NML Capital, Ltd.. (Kang, Haynee) |
| Filing 143 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #135 Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2715-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). |
| USCA Case Number 09-2715-cv from the USCA 2nd Circuit assigned to #135 Notice of Appeal filed by The Republic of Argentina. (tp) |
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Filing 142
ORDER TO SHOW CAUSE: UPON THE APPLICATION OF MILLER & WRUBEL P.C., counsel for plaintiff NML Capital, Ltd., LET THE DEFENDANTS HEREIN SHOW CAUSE, before the Honorable Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, on the 7th day of August 2009 at 3:00 p.m., or as soon thereafter as counsel may be heard, why an order of attachment relating to the interests of Energia Argentina S.A. ("ENARSA") in the LNG Sale and Purchase Agreement between ENARSA and Morgan Stanley Capital Group, Inc. ("MSCGI"), dated July 7, 2009, and an order compelling discovery from MSCGI should not be made and entered in favor of NML; SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED THAT Morgan Stanley Capital Group, Inc. shall either send a representative to the aforementioned hearing to accept service of an order of attachment, or inform the Court no later than 5:00 p.m. on August 7, 2009, of a place where an order of attachment can be served at any time on August 7, 2009, such that the intent of the Court in granting an order of attachment will not be frustrated; and IT IS FURTHER ORDER THAT personal service of this Order to Show Cause upon (1) counsel for Argentina, Clearly, Gottlieb, Steen & Hamilton LLP, One Liberty Plaza, New York, New York, 10006, attention Carmine D. Boccuzzi, Jr., Esq., by hand (2) Morgan Stanley Capital Group, Inc., 2000 Westchester Avenue, Purchase, New York 10577, by electronic mail upon David Restaino, Esq. (david.restaino@morganstanley.com) and Michael Hartridge (michael.hartridge@morganstanley.com) and (3) Energia Argentina S.A., by serving Argentina's appointed agent for service of process, Banco de la Naction Argentina, 225 Park Avenue, New York, New York 10167, or such counsel as may appear of behalf of ENARSA, on or before the 7th day of August, 2009, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 8/7/2009 at 12:30 P.M.) (rw)
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| Filing 141 LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated June 9, 2009 re: we write pursuant to Rule 60(a) of the Federal Rules of Civil Procedure to request a correction of certain arithmetical errors in the judgments signed by the Court on May 28, 2009 and entered on the docket of those actions on June 1, 2009. Document filed by NML Capital, Ltd.(mro) |
| Filing 140 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 27, 2009 re: We write to respond briefly to plaintiffs' letter dated May 22, 2009, in which plaintiffs continue to assert that they are entitled to statutory interest on fictitious post-maturity interest payments. Document filed by The Republic of Argentina.(mro) |
| Filing 139 LETTER addressed to Judge Thomas P. Griesa from Walter Rieman dated May 22, 2009 re: We are writing on behalf of plaintiffs in the actions referenced above in response to Argentina's letter dated May 19, 2009. Document filed by NML Capital, Ltd.(mro) |
| Filing 138 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 19, 2009 re: We write to follow up on our letter to the Court of May 1, 2009, and in reply to plaintiffs' letter brief dated May 11, 2009. Document filed by The Republic of Argentina.(mro) |
| Filing 137 LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated May 12, 2009 re: We write on Plaintiff NML Capital, Ltd in brief to the letter to the Court, dated May 1, 2009, from Carmine Boccuzzi, counsel to the Republic of Argentina. Document filed by NML Capital, Ltd.(mro) |
| Filing 136 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated May 1, 2009 re: We write in connection with a dispute that has arisen in the context of calculating judgment amounts in the above referenced cases involving Floating Rate Accrual Notes ("FRANs"). Document filed by The Republic of Argentina.(mro) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #135 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #135 Notice of Appeal. (nd) |
| Filing 135 NOTICE OF APPEAL from #131 Amended Judgment, #128 Judgment. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 691925. (nd) |
| Filing 134 SEALED DOCUMENT placed in vault.(jri) |
| Filing 133 DECLARATION of Julio Cesar Rivera (Second Supplemental). Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 132 DECLARATION of David M. Bigge (Second). Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 131 AMENDED JUDGMENT # 09,1027 amending #128 Judgment, in favor of NML Capital, Ltd. against The Republic of Argentina in the amount of $ 290,270,631.00. (Signed by Judge Colleen McMahon, Part I on 6/12/09) (Attachments: #1 notice of right to appeal)(ml) |
| Filing 130 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 6/9/09 re: Counsel for Plaintiff NML Capital, Ltd. write to inform Your Honor that the parties have agreed to a two-week extension for the submission of Plaintiffs reply memorandum of law regarding the use of the account at the Federal Reserve Bank of New York held in the name of Banco Central de la Republica Argentina. Plaintiffs' reply memorandum will be filed on 6/19/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/10/09) (tro) |
| Transmission of Notice of Appeal to the District Judge re: #129 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #129 Notice of Appeal. (tp) |
| Filing 129 NOTICE OF APPEAL from #124 Order, Set Deadlines/Hearings, #127 Order, #123 Order, #119 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. (tp) |
| Filing 128 JUDGMENT #09,1027 in favor of NML Capital, Ltd. against The Republic of Argentina in the amount of $ 288,958,351.00. (Signed by Judge Thomas P. Griesa on 5/28/09) (Attachments: #1 notice of right to appeal)(ml) |
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Filing 127
ORDER: Therefore, based upon all of the papers, pleadings, oral argument and all prior proceedings in the above-captioned actions and for the reasons explained by the Court on the record at the May 27, 2009 hearing: IT IS HEREBY ORDERED that the motion by Order to Show Cause of the Aurelius Plaintiffs to hold the Republic in civil contempt and to impose sanctions on the Republic is GRANTED. The Republic is held in civil contempt for its failure to comply with the Court's Opinion dated April 3, 2009, and the Court's Orders dated April 17, 2009 and May 6, 2009. IT IS FURTHER ORDERED that as a sanction for the Republic's contempt of Court, the Court will draw adverse inferences from the Republic's failure to comply with the Court's discovery orders that the Republic undertook the following transactions to remove funds improperly from the United States in violation of the orders of the Court: Between on or about April 10 and April 30, 2009, the Republic, through ANSES, arranged through a third party to liquidate $205,968,645 of Certificados de Deposito Argentino ("CEDEARs") that were subject to the Restraining Notice served on the Republic on October 30, 2008 as authorized by the October 29, 2008 Order of the Court in violation of that Restraining Notice. IT IS FURTHER ORDERED that while the Court has not imposed monetary sanctions at the present time, the Court reserves the possibility of imposing such monetary sanctions against the Republic at a later date. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
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| Filing 126 JOINDER to join the motion for an order to show cause for a finding of civil contempt and sanctions against the Republic of Argentina, dated May 19, 2009, brought by the Plaintiffs in Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. v. The Republic of Argentina, 07 Civ. 2715 (TPG); Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. v. The Republic of Argentina, No. 07 Civ. 11327 (TPG); and Blue Angel Capital LLC v. The Republic of Argentina, No. 07 Civ. 2693 (TPG). Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
| Filing 125 NOTICE OF CHANGE OF ADDRESS by Haynee C. Kang on behalf of NML Capital, Ltd.. New Address: Miller & Wrubel P.C., 570 Lexington Avenue, 25th Floor, New York, New York, 10022,. (Kang, Haynee) |
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Filing 124
ORDER: The Republic of Argentina (which shall for purposes of this Order include, without limitation, ANSES) shall produce on or before 5/15/09 to counsel for the Aurelius Plaintiffs, EM, NML, and GMO/TIAA all documents in its custody, possession, or control that are described in the Order to Show Cause entered on 4/24/09. The documents to be produced shall include documents which were created, updated, or received by the Republic of Argentina at any time on or before 10/29/08 and concerning any of the subjects listed herein. The Republic of Argentina (including, without limitation, ANSES) shall make available for deposition on dates to be agreed but not later than 5/29/09 Sergio Chodos and one or more Rule 30(b)(6) witnesses knowledgeable on the subjects listed herein. Plaintiffs shall be entitled to serve further discovery requests and deposition notices upon the Republic of Argentina (including, without limitation, ANSES) and any third-party subject to discovery in the United States as necessary and appropriate to determine the location of any ANSES CEDARs or other assets avaialable to satisfy the judgments. (Signed by Judge Thomas P. Griesa on 5/7/09) (tro)
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| Set Deadlines/Hearings: Deposition due by 5/29/2009. (tro) |
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Filing 122
STIPULATED AND ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 4/28/2009) (jpo)
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| Filing 121 DECLARATION of Michael A. Pizzi. Document filed by NML Capital, Ltd.. (Attachments: #1 Appendix Cover Letter of Robert A. Cohen dated April 24, 2009)(Cohen, Robert) |
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Filing 123
ORDER: The Republic's understanding is incorrect. The Republic is required to comply with the instructions in the court's April 3 opinion, as stated therein. The court does expect plaintiffs to exercise discretion in requesting further discovery. However, nothing in the court's comments on April 6 was intended to suggest that the Republic need not comply with the April 3 opinion. (Signed by Judge Thomas P. Griesa on 4/17/2009) (rw)
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| Transmission of Notice of Appeal to the District Judge re: #120 Amended Notice of Appeal. (nd) |
| Transmission of Third Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #120 3rd Amended Notice of Appeal. (nd) |
| Filing 120 THIRD AMENDED NOTICE OF APPEAL re: #48 Notice of Appeal, #68 Amended Notice of Appeal, #77 Second Amended Notice of Appeal, #113 Memorandum & Opinion. Document filed by Administracion Nacional de Seguridad Social. (nd) |
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Filing 119
OPINION: The Aurelius plaintiffs' letter request to compel the republic to comply with their discovery requests is granted, as set forth above. The GMO plaintiffs' motion to compel is compel is granted. ANSES's motion to quash is denied. So Ordered. (Signed by Judge Thomas P. Griesa on 4/3/09) (js)
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| Filing 118 DECLARATION of Julio Cesar Rivera (Supplemental). Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Cohen, Robert) |
| Filing 117 SEALED DOCUMENT placed in vault.(rt) |
| Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #116 Amended Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #116 Amended Notice of Appeal. (nd) |
| Filing 116 AMENDED NOTICE OF APPEAL re: #54 Notice of Appeal, #112 Order. Document filed by The Republic of Argentina. (nd) |
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Filing 115
ORDER: It is directed that the following error in the opinion of December 11, 2008 be corrected. In the last sentence of the first paragraph on page 25, the word "grant" should be changed to "waiver." The Court will issue an Amended Opinion with this correction, bearing the same date, December 11, 2008. So Ordered (Signed by Judge Thomas P. Griesa on 3/12/09) (js)
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Filing 114
AMENDED OPINION: The Court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the Court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. So Ordered. (Signed by Judge Thomas P. Griesa on 12/11/08) (js)
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Filing 113
OPINION # 97170 re: #10 MOTION for Summary Judgment filed by NML Capital, Ltd. The motion for summary judgment is granted. Judgment will be entered for the principal amounts of the FRANs plus accrued interest. The parties shall consult with one another concerning the form of the judgment and the amounts of interest that should be awarded in the judgment. If the parties are able to reach agreement on those subjects, they shall jointly submit an agreed proposed judgment to the court. If the parties are unable to reach agreement on those subjects, plaintiff shall submit a proposed judgment to the court, and the Republic shall submit any objections to the proposed judgment within five business days thereafter. The court will then resolve any remaining disagreements. Proposed judgments submitted to the court should include the following language: "It is further ORDERED that, until further notice from the Court, plaintiff(s) must refrain from selling or otherwise transferring their beneficial interest in the bond(s) involved in this action without advising the Court in advance and obtaining permission of the Court." SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/3/2009) (tve)
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Filing 112
ORDER: The motions made in the Orders to Show Cause of October 29, November 5, November 6, November 7, November 12, and November 19, 2008, to authorize service of Writs of Execution and to permit the issuance of Restraining Notices, are granted. The Writs of Execution may be served, but no property may be seized except upon further order of the court. The court considers that its December 11, 2008 opinion applies to this additional Order to Show Cause, and the applications therein are granted, in a similar fashion as stated above. The motion for an attachment and for the issuance of Restraining Notices contained in one of the November 6,2008 Orders to Show Cause is granted. The motion of plaintiff NML Capital to confirm the Order of Attachment with regard to its eight cases (05 Civ. 2434, etc.) is granted. The court affirms the continued validity of its October 31, 2008 Order, as modified, permitting restraints and levies in 03 Civ. 2507 and 03 Civ. 8845. Insofar as the Republic moves to vacate the modified October 31, 2008 order in 03 Civ. 2507 and 03 Civ. 8845, that motion is denied. Insofar as the Republic moves to vacate the temporary relief granted to the plaintiffs pending the hearing of their main motions, the motion of the Republic regarding the temporary relief is denied as moot. NML's motion for expedited discovery is denied as moot. (Signed by Judge Thomas P. Griesa on 3/4/2009) (jpo)
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| Filing 111 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) |
| Filing 110 AFFIDAVIT OF SERVICE of Memorandum of Law and Declaration of Eric C. Kirsch. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 109 DECLARATION of Eric C. Kirsch in Support re: #89 MOTION to Confirm Priority.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 108 REPLY MEMORANDUM OF LAW in Support re: #89 MOTION to Confirm Priority.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 107 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 2/13/2009 re: Requesting permission to exceed Your Honor's page limit and submit a twenty seven page memorandum of law. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/19/2009) (jpo) |
| Filing 106 DECLARATION of Professor Geoffrey Miller in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 105 DECLARATION of Juan Carlos Fabrega in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit 1)(Sullivan, Mark) |
| Filing 104 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
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Filing 103
ORDER; The Clerk of the Court is directed to docket, in the cases listed below, the papers filed in case 05-cv-4085 as documents 109, 110, 111,and 112: 03-cv-02507; 03-cv-08845; 05-cv-02434; 05-cv-04085; 06-cv-00207; 05-cv-10380; 05-cv-10382; 05-cv-10383; 06-cv-06466; 07-cv-01910; 07-cv-02690; 07-cv-02693; 07-cv-02715; 07-cv-05593; 07-cv-06563; 07-cv-11327; 08-cv-02541; 08-cv-03302; 08-cv-06978. (Signed by Judge Thomas P. Griesa on 2/10/09) (ae) Modified on 2/23/2009 (ae).
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| Filing 98 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 2/9/2009 re: Counsel writes to request a one week extension from February 11 to February 18, 2009, for NML to serve and file its reply brief in further support of its January 23, 2009 Motion to Confirm Priority. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/10/2009) (jfe) |
| Filing 97 DECLARATION of Erin M. Bradrick, Supplemental, in Support re: #89 MOTION 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) |
| Filing 96 REPLY MEMORANDUM OF LAW in Support re: #89 MOTION to 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) |
| Filing 102 FOURTH DECLARATION of Martin Esteban Paolantonio in Support re: 61 MOTION to Confirm the 11/24/08 Attachment.. Document filed by NML Capital, Ltd.. (djc) |
| Filing 101 DECLARATION of Eric C. Kirsch in Support re: 61 MOTION to Confirm the 11/24/08 Attachment. Document filed by NML Capital, Ltd.. (djc) |
| Filing 100 FOURTH DECLARATION of Martin Esteban Paolantonio in Support re: 61 MOTION to Confirm the 11/24/08 Attachment. Document filed by NML Capital, Ltd.. (djc) |
| Filing 99 REPLY MEMORANDUM OF LAW in Support re: 61 MOTION to Confirm the 11/24/08 Attachment. Document filed by NML Capital, Ltd.. (djc) |
| Filing 95 DECLARATION of Jose R. Almonte in Support re: 55 MOTION for Writ of Execution.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Service)(Poret, Charles) |
| Filing 94 REPLY MEMORANDUM OF LAW in Support re: 55 MOTION for Writ of Execution.. Document filed by NML Capital, Ltd.. (Poret, Charles) |
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Filing 93
ORDER: The time for the Aurelius plaintiffs to submit a memorandum of law in response to GMO Emerging Country Debt L.P.'s Memorandum of Law in Opposition of Aurelius' Motion to Confirm Priority and to NML Capital's Omnibus Memorandum of Law on Priority Issues is extended until February 4, 2009. The Clerk of the Court is directed to docket this order in the following cases: 05-2434, 05-10380, 05-10382, 05-10383, 06-6466, 07-1910, 07-2690, 07-2693, 07-2715, 07-6563, 07-11327, 08-2541, 08-3302, 08-6978. (Signed by Judge Thomas P. Griesa on 1/29/2009) (jfe)
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| Set/Reset Deadlines: ( Replies due by 2/4/2009.) (jfe) |
| Filing 92 DECLARATION of Patrick M. Connors in Support re: #89 MOTION to Confirm Priority.. Document filed by NML Capital, Ltd.. (Poret, Charles) |
| Filing 91 DECLARATION of Eric C. Kirsch in Support re: #89 MOTION to Confirm Priority.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Poret, Charles) |
| Filing 90 MEMORANDUM OF LAW in Support re: #89 MOTION to Confirm Priority.. Document filed by NML Capital, Ltd.. (Poret, Charles) |
| Filing 89 MOTION to Confirm Priority. Document filed by NML Capital, Ltd..(Poret, Charles) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Poret to RE-FILE Document #85 MOTION to Confirm Priority. ERROR(S): An incorrect case number listed on the document. (Correct case: # 08-cv-2541. Case # listed on document: 08-cv-2451.) (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Poret to RE-FILE Document #87 Declaration in Support of Motion,. ERROR(S): An incorrect case number listed on the document. (Correct case: # 08-cv-2541. Case # listed on document: 08-cv-2451.) (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Poret to RE-FILE Document #86 Memorandum of Law in Support of Motion. ERROR(S): An incorrect case number listed on the document. (Correct case: # 08-cv-2541. Case # listed on document: 08-cv-2451.) (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Poret to RE-FILE Document #88 Declaration in Support of Motion. ERROR(S): An incorrect case number listed on the document. (Correct case: # 08-cv-2541. Case # listed on document: 08-cv-2451.) (jar) |
| Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Patrick M. Connors in Support re: #85 MOTION to Confirm Priority. Document filed by NML Capital, Ltd. (Poret, Charles) Modified on 1/26/2009 (jar). |
| Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Eric C. Kirsch in Support re: #85 MOTION to Confirm Priority.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Poret, Charles) Modified on 1/26/2009 (jar). |
| Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #85 MOTION to Confirm Priority. Document filed by NML Capital, Ltd. (Poret, Charles) Modified on 1/26/2009 (jar). |
| Filing 85 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Confirm Priority. Document filed by NML Capital, Ltd. (Attachments: #1 Affidavit of Service)(Poret, Charles) Modified on 1/26/2009 (jar). |
| Filing 84 DECLARATION of Marco E. Schnabl (Supplemental) in Opposition re: 61 MOTION to Confirm the 11/24/08 Attachment.. Document filed by Administracion Nacional de Seguridad Social. (Aguiar, Lauren) |
| Filing 83 CERTIFICATE OF SERVICE of Richard V. Conza re: #82 , dated January 16, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 82 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. and in Opposition to Cross Motion for Writ of Execution, etc. 55 , dated January 16, 2009, with Addendum A. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 81 CERTIFICATE OF SERVICE of Declaration of Marco E. Schnabl on 1/15/09. Service was made by Mail. Document filed by Administracion Nacional de Seguridad Social. (Aguiar, Lauren) |
| Filing 80 CERTIFICATE OF SERVICE of Richard V. Conza re: #78 dated January 16, 2009. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 79 DECLARATION of Marco E. Schnabl in Opposition re: 61 MOTION to Confirm the 11/24/08 Attachment.. Document filed by Administracion Nacional de Seguridad Social. (Aguiar, Lauren) |
| Filing 78 MEMORANDUM OF LAW in Opposition re: 61 MOTION to Confirm the 11/24/08 Attachment. Dated January 15, 2009. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Transmission of Notice of Appeal to the District Judge re: #77 Amended Notice of Appeal,. (nd) |
| Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #77 2nd Amended Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #76 Amended Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #76 Amended Notice of Appeal. (tp) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #75 Declaration in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #71 Order Striking Document from Record, #69 Stipulation and Order, #74 Memorandum of Law in Opposition, filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC, #52 Declaration filed by The Republic of Argentina, #66 Notice of Appearance 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, #49 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, #54 Notice of Appeal, filed by The Republic of Argentina, #73 Memorandum of Law in Opposition to Motion,, filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #67 Memorandum & Opinion,,, #51 Order,, #72 CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment..CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment.. filed by Aurelius Capital Partners, LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., #68 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #50 Endorsed Letter, Set Deadlines,,,,,, #76 Amended 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, #53 Order Issuing Maritime Attachment and Garnishment, were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 77 SECOND AMENDED NOTICE OF APPEAL re: #48 Notice of Appeal, #68 Amended Notice of Appeal, #47 Order on Motion for Miscellaneous Relief Order of Attachment, Terminate Motions #67 Memorandum & Opinion #53 Order Issuing Maritime Attachment and Garnishment,. Document filed by Administracion Nacional de Seguridad Social. (nd) |
| Filing 76 AMENDED NOTICE OF APPEAL re: #49 Notice of Appeal, #47 Order on Motion for Miscellaneous Relief, #67 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., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. Copies mailed to attorney(s) of record: Dechert LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp) |
| Filing 75 DECLARATION of David Dunn in Opposition. Document filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Dunn, David) |
| Filing 74 MEMORANDUM OF LAW in Opposition Of Aurelius' Motion To Confirm Priority (07 Civ. 2715) (07 Civ. 11327) (07 Civ. 2693).. Document filed by GMO Emerging Country Debt Fund, GMO Emerging Country Debt LP, GMO Emerging Country Debt Investment Fund PLC. (Attachments: #1 Certificate of Service)(Dunn, David) |
| DECLARATION of Marco E. Schnabl Attaching Previously Submitted Materials. Document filed by Administracion Nacional de Seguridad Social. (Orig. doc. filed in case no. 03 cv 2507, as doc. #219)(ae) |
| ***STRICKEN DOCUMENT. Deleted document number 70 from the case record. The document was stricken from this case pursuant to #71 Order Striking Document from Record. (ae) |
| Filing 73 MEMORANDUM OF LAW in Opposition re: 61 MOTION to Confirm the 11/24/08 Attachment., #72 CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment..CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment.. In Support of Cross Motion #72 and In Opposition to Motion #61. Document filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Memorandum of Law in Support of the Aurelius Plaintiffs' Motion to Confirm Priority, #2 Certificate of Service)(Ostrager, Barry) |
| Filing 72 CROSS MOTION to Vacate #71 Order Striking Document from Record, 61 MOTION to Confirm the 11/24/08 Attachment.. Document filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., Blue Angel Capital I LLC. (Attachments: #1 Certificate of Service)(Ostrager, Barry) |
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Filing 71
ORDER: The Clerk of the Court shall strike the following entries from the dockets in these cases; 05 Civ. 2434 Doc. #120, 06 Civ. 6466 Doc. #85, 07 Civ. 1910 Doc #66, 07 Civ. 2690 Doc # 67, 07 Civ. 6563 Doc. #58, 08 Civ. 3302 Doc. #70, 08 Civ. 6978 Doc. #63, 08 Civ. 7974 Doc. #67. (Signed by Judge Thomas P. Griesa on 1/6/09) (tro)
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Filing 69
STIPULATION AND ORDER: The Republic shall have until 1/16/09 to serve papers in response to plaintiffs' cross-motion dated 12/12/08 for issuance of a writ of execution against certain property of the Republic subject to the 9/12/08 attachment and restraining orders. Plaintiffs shall have until 1/30/09 to serve reply papers, if any, in further support of the Motion. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #68 Amended Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #68 Amended Notice of Appeal. (nd) |
| Filing 66 NOTICE OF APPEARANCE by Robert Edward Grossman on behalf of Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP (Grossman, Robert) |
| Filing 64 MEMORANDUM OF LAW in Support re: 61 MOTION to Confirm the 11/24/08 Attachment.. Document filed by NML Capital, Ltd.. (cd) |
| Filing 63 DECLARATION of Ross Hirsch in Support re: 62 Declaration in Support of Motion. Document filed by NML Capital, Ltd.. (cd) |
| Filing 62 Third DECLARATION of Martin Paolantonio in Support re: 61 MOTION to Confirm the 11/24/08 Attachment. Document filed by NML Capital, Ltd. (cd) |
| Filing 61 MOTION to Confirm the 11/24/08 Attachment Order. Document filed by NML Capital, Ltd.(cd) |
| Transmission of Notice of Appeal to the District Judge re: #54 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #54 Notice of Appeal. (tp) |
| Filing 68 AMENDED NOTICE OF APPEAL re: #48 Notice of Appeal, #47 Order on Motion for Miscellaneous Relief #67 Memorandum & Opinion,,,. Document filed by Administracion Nacional de Seguridad Social. (nd) |
| Filing 54 NOTICE OF APPEAL from #47 Order on Motion for Miscellaneous Relief, Order of Attachment, Terminate Motions, #51 Order as further set forth. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 672683. Copies mailed to attorney(s) of record: Dechert LLP. (tp) |
| Filing 65 DECLARATION of Rahul Mukhi to file a certain document previously submitted to the Court in the referenced date and served on the parties. Document filed by The Republic of Argentina.(djc) |
| Filing 60 SECOND DECLARATION of Dennis Hranitzky in Support re: 58 Memorandum of Law in Opposition to Motion. Document filed by NML Capital, Ltd.. (cd) |
| Filing 59 DECLARATION of Gerard Caprio in Support re: 58 Memorandum of Law in Opposition to Motion. Document filed by NML Capital, Ltd.. (cd) |
| Filing 58 MEMORANDUM OF LAW in Opposition re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. Document filed by NML Capital, Ltd.. (cd) |
| Filing 57 MEMORANDUM OF LAW in Support re: 55 MOTION for Writ of Execution.. Document filed by NML Capital, Ltd. (cd) |
| Filing 56 DECLARATION of Jose Almonte in Support re: 55 MOTION for Writ of Execution.. Document filed by NML Capital, Ltd. (cd) |
| Filing 55 CROSS MOTION for Writ of Execution Against Certain Property of the Republic of Argentina Subject To the 9/12/08 Attachment. Document filed by NML Capital, Ltd.(cd) |
| Filing 52 DECLARATION of Rahul Mukhi with Exhibit A, dated December 12, 2008. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 67
OPINION # 96854. The court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. (Signed by Judge Thomas P. Griesa on 12/11/08) (mme)
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Filing 51
ORDER: The Clerk of the Court is directed to make entries on the dockets of the cases listed in the Annex to this order that indicate that the following documents, which were filed in the above-captioned cases, also apply to the cases listed in the Annex: The documents filed as entry nos. 49, 50, 51, 52, 53, 58, 60, and 63 on the docket of case 07-cv-2715; and The documents filed as entry nos. 47, 49, 50, and 51 on the docket of case 07-cv-11327; and The court's opinion dated December 11, 2008, which has been filed under case 07-cv-2715. (Signed by Judge Thomas P. Griesa on 12/11/2008) (kkc)
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| SECOND DECLARATION of Dennis H. Hranitzky in Support re: EX PARTE MOTION for entry of Attachment and restraining orders. Document filed by NML Capital, Ltd. Original document filed under case no. 03-cv-2507, document #204. (tro) |
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Filing 53
ORDER OF ATTACHMENT against all tangible or intangible property...of the defendant in the amount of $1,525,190,496 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure....against all tangible or intangible property...of the defendant pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure.... (Signed by Judge Thomas P. Griesa on 11/24/08) (tro)
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Filing 50
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 12/1/2008 re: Counsel to inform the Court that all of the parties to these actions have agreed to extend by one week certain briefing deadlines relating to Plaintiffs' motion to confirm the attachment and restraining orders entered by the Court on September 12 (the "Orders") and Defendants' cross motions to vacate the Orders. The proposed amended briefing schedule is as follows: December 12, 2008: Plaintiffs' reply in support of motion to confirm and oppositions to cross motions to vacate; January 16, 2009: Defendants' replies in support of cross motions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/2/2008) (jfe)
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| Transmission of Notice of Appeal to the District Judge re: #49 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #49 Notice of Appeal,. (nd) |
| Filing 49 NOTICE OF APPEAL from #47 Order on Motion for Miscellaneous Relief. Document filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A. Filing fee $ 455.00, receipt number E 670654. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #48 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #48 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #17 Memorandum of Law in Support filed by NML Capital, Ltd., #6 Answer to Complaint filed by The Republic of Argentina, #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by The Republic of Argentina, #33 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #14 Rule 56.1 Statement filed by NML Capital, Ltd., #29 Endorsed Letter, Set Deadlines,, #47 Order on Motion for Miscellaneous Relief,,,,,,, #20 Declaration in Support filed by NML Capital, Ltd., #10 MOTION for Summary Judgment. filed by NML Capital, Ltd., #3 Statement of Relatedness filed by NML Capital, Ltd., #22 Certificate of Service Other filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #21 Declaration in Support,,,,, filed by NML Capital, Ltd., #11 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #8 Notice of Appearance filed by NML Capital, Ltd., #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. filed by Banco De La Nacion Argentina, #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #28 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #34 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #48 Notice of Appeal filed by Administracion Nacional de Seguridad Social, #25 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #46 Certificate of Service Other filed by The Republic of Argentina, #12 Declaration in Support of Motion filed by NML Capital, Ltd., #42 Declaration filed by The Republic of Argentina, #26 Declaration in Support of Motion filed by NML Capital, Ltd., #45 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #24 MOTION To Confirm Restraining And Attachment Orders. filed by NML Capital, Ltd., #7 Certificate of Service Other filed by The Republic of Argentina, #37 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #19 Declaration in Support filed by NML Capital, Ltd., #5 Notice of Case Assignment/Reassignment, #16 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #44 Declaration, filed by The Republic of Argentina, #35 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #38 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #32 Memorandum of Law in Support of Motion filed by Banco De La Nacion Argentina, #23 Declaration in Support filed by NML Capital, Ltd., #18 Declaration in Support filed by NML Capital, Ltd., #9 Notice of Appearance filed by NML Capital, Ltd., #15 Response to Motion, filed by The Republic of Argentina, #43 Declaration filed by The Republic of Argentina, #1 Complaint filed by NML Capital, Ltd., #30 Protective Order, #39 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #13 Declaration in Support of Motion, filed by NML Capital, Ltd., #36 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #40 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #27 Certificate of Service Other filed by NML Capital, Ltd. were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 48 NOTICE OF APPEAL from #47 Order on Motion for Miscellaneous Relief. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 670535. (nd) |
| MEMORANDUM OF LAW in Support re: MOTION for Attachment. (orig. docketed in 03cv2507 as document #184). Document filed by NML Capital, Ltd.. (pl) |
| EX PARTE MOTION, for an order pursuant to rules 64 and 69 of the F.R.C.P. and Articles 52 and 62 of the New York Civil Practices Law and Rules, for an Order of attachment and a restraining Order directed to any and all property in the U.S. held by or in the name of Argentinas national social security administration, know as ANSES, or by or in the name of one the various Argentine private pension funds, known as AFJPs and granting such other and further relief as the Court deems appropriate. (orig. document docketed in 03cv8845 as document #183). Document filed by NML Capital, Ltd. and EM Ltd. (pl) |
| DECLARATION of Eric C. Kirsch in Support re: MOTION for Attachment. (orig. docketed in 03cv2507 as document #185). Document filed by NML Capital, Ltd.. (pl) |
| MEMO ENDORSEMENT on ORDER TO SHOW CAUSE, re: MOTION for Attachment and restraining order. filed by EM Ltd., NML Capital, Ltd. ENDORSEMENT: NOT SIGNED, Judge Thomas P. Griesa on 10/31/08. (orig. document docketed in 03cv2507 as document #187). (pl) |
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ORDER OF ATTACHMENT, that the United State Marshal for the Southern District of New York or any person appointed to act in his place and stead, or NMLs attorneys, levy upon, but refrain from taking into actual custody pending further order of this court, assets of the Defendants within this jurisdiction at any time before final judgment in all of the within mentioned actions, such as will satisfy the within mentioned sum of $2,061,450,235, and consisting of further relief as set forth in this order. (Orig. docketed in 05cv2434 as filed by NML Capital, Ltd.. (Signed by Judge Thomas P. Griesa on 10/31/08) (pl)
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Filing 47
MODIFIED ORDER OF ATTACHMENT: The motion for a modified order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 USC 1610(c) following entry of a judgment for NML in all of the Pending NML Actions; and that the amount to be secured by this Order is $980,368,574; and it is further ORDERED that the United States Marshal for the Southern District of New York or any person appointed to act in his place and stead, or NML's attorneys, levy upon, but refrain from taking into actual custody pending further order of this Court, the following assets within this jurisdiction at any time before final judgment in all of the above-captioned actions, such as will satisfy the above-mentioned sum of $980,368,574 as further set forth in said Order. The attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this attachment Order, of which the total amount is on condition that NML pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this attachment Order if it is decided that NML is not entitled to an attachment of the property described above. All persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt. (Signed by Judge Thomas P. Griesa on 11/7/08) (db) Modified on 11/12/2008 (db).
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| Filing 46 CERTIFICATE OF SERVICE of Richard V. Conza, dated November 3, 2008. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 45 MEMORANDUM OF LAW in Support re: #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. And In Opposition to Plaintiffs' Motion to Confirm, dated October 31, 2008. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 44 DECLARATION of Amy Chung re: #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. Executed on October 31, 2008. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Blackman, Jonathan) |
| Filing 43 DECLARATION of Carlos Alberto Paz re: #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. Executed on October 30, 2008. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 42 DECLARATION of Ariel Blacso re: #41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. Executed October 28, 2008. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 41 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. Document filed by The Republic of Argentina.(Blackman, Jonathan) |
| Filing 40 DECLARATION of Laura Lestrade in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sullivan, Mark) |
| Filing 39 DECLARATION of Patricio Suarez Buyo in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 38 DECLARATION of Geoffrey Miller in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark) |
| Filing 37 DECLARATION of Eduardo Barreira Delfino in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 36 DECLARATION of Juan Carlos Belmonte in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 35 DECLARATION of Jose Carceres Monie in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 34 DECLARATION of Mercedes Marco Del Pont in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 33 DECLARATION of Juan Carlos Frabrega in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 31 MOTION to Vacate The Ex Parte Restraining And Attachment Orders Dated September 12, 2008. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark) |
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Filing 30
STIPULATION AND ORDER FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION PRODUCED BY THIRD-PARTY FEDERAL RESERVE BANK OF NEW YORK...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 10/28/08) (tro)
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| Filing 29 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/29/08 re: Counsel requests that the court grant the amended schedule as follows: October 31, 2008 defendants opposition and cross motion to vacate; December 5, 2008 Plaintiffs reply and opposition to cross motion; January 9, 2009 Defendants reply in support of cross motion. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/1/08) (mme) |
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Filing 28
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/25/2008 re: Requesting that the Court approve the following briefing schedule for plaintiffs motion to confirm restraining and attachment orders; October 22, 2008 Defendants opposition and cross motion to vacate. November 21, 2008 Plaintiffs reply and opposition to cross motion. December 19, 2008 Defendants' reply in support of cross motion. ENDORSEMENT: Approved (Signed by Judge Thomas P. Griesa on 9/26/2008) (jpo)
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| Filing 27 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 26 DECLARATION of Dennis H. Hranitzky in Support re: #24 MOTION To Confirm Restraining And Attachment Orders.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Hranitzky, Dennis) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION To Confirm Restraining And Attachment Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 24 MOTION To Confirm Restraining And Attachment Orders. Document filed by NML Capital, Ltd. (Hranitzky, Dennis) Modified on 11/12/2008 (db). |
| Filing 23 DECLARATION of Vincent Conlon in Support. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 22 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 21 DECLARATION of Dennis H. Hranitzky in Support. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 PT 1, #9 Exhibit 8 PT 2, #10 Exhibit 8 PT 3, #11 Exhibit 8 PT 4, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29 PT 1, #33 Exhibit 29 PT 2, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32 PT 1, #37 Exhibit 32 PT 2, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35, #41 Exhibit 36, #42 Exhibit 37, #43 Exhibit 38, #44 Exhibit 39, #45 Exhibit 40, #46 Exhibit 41, #47 Exhibit 42, #48 Exhibit 43, #49 Exhibit 44, #50 Exhibit 45, #51 Exhibit 46, #52 Exhibit 47, #53 Exhibit 48, #54 Exhibit 49, #55 Exhibit 50, #56 Exhibit 51, #57 Exhibit 52, #58 Exhibit 53, #59 Exhibit 54, #60 Exhibit 55, #61 Exhibit 56, #62 Exhibit 57, #63 Exhibit 58, #64 Exhibit 59, #65 Exhibit 60, #66 Exhibit 61, #67 Exhibit 62)(Hranitzky, Dennis) |
| Filing 20 DECLARATION of Joshua I. Sherman in Support. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 19 DECLARATION of Michael G. Martinson in Support. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Hranitzky, Dennis) |
| Filing 18 DECLARATION of Gerard Caprio, Jr., PhD in Support. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 17 MEMORANDUM OF LAW in Support of Ex Parte Motion for Restraining and Attachment. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (Shamoto, Susan) |
| Filing 15 RESPONSE to Motion re: #10 MOTION for Summary Judgment. Response of the Republic of Argentina to Plaintiff's Motion for Summary Judgment and Reservation of Rights Concerning Insufficient Documentary Evidence dated August 26, 2008. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 14 RULE 56.1 STATEMENT. Document filed by NML Capital, Ltd.. (Shamoto, Susan) |
| Filing 13 DECLARATION of SUSAN Y. SHAMOTO in Support re: #10 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit Pt 2 of 1, #3 Exhibit Pt 3 of 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Shamoto, Susan) |
| Filing 12 DECLARATION of ELLIOT GREENBERG in Support re: #10 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (Shamoto, Susan) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION for Summary Judgment.. Document filed by NML Capital, Ltd.. (Shamoto, Susan) |
| Filing 10 MOTION for Summary Judgment. Document filed by NML Capital, Ltd..(Shamoto, Susan) |
| Filing 9 NOTICE OF APPEARANCE by Susan Yoshiko Shamoto on behalf of NML Capital, Ltd. (Shamoto, Susan) |
| Filing 8 NOTICE OF APPEARANCE by Haynee C. Kang on behalf of NML Capital, Ltd. (Kang, Haynee) |
| Filing 7 CERTIFICATE OF SERVICE of Richard V. Conza of Answer on June 2, 2008. Service was made by First Class Mail. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 6 ANSWER to Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 5 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (jeh) |
| CASE ACCEPTED AS RELATED. Create association to 1:07-cv-02690-TPG. (jeh) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (jeh) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. The Republic of Argentina served on 4/3/2008, answer due 4/23/2008. Service was accepted by Mr. GUSTAVO JUANA Chief Compliance Officer. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 07-cv-2690 (TPG). Document filed by NML Capital, Ltd..(rdz) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NML Capital, Ltd..(rdz) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 646481)Document filed by NML Capital, Ltd..(rdz) |
| SUMMONS ISSUED as to The Republic of Argentina. (rdz) |
| Case Designated ECF. (rdz) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly Related to 07cv2690. (rdz) |
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