Brandes et al v. The Republic of Argentina
| Crista Irene Brandes and Francisco Miguel Molinari |
| The Republic of Argentina |
| Administracion Nacional de Seguridad Social |
| Banco Central de la Republica Argentina |
| 1:2008cv06625 |
| July 25, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1603 |
| None |
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Filing 57
STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, plaintiffs, by their attorneys Milberg LLP, and the Republic, by its attorneys Cleary Gottlieb Steen & Hamilton LLP, HEREBY STIPULATE AND AGREE THAT: 1. Plaintiffs' claims against the Republic of Argentina are hereby dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) with prejudice and without costs. 2. This Stipulation and Order may be signed in counterparts which, when taken as a whole, shall constitute one and the same document; and a facsimile or copy signature shall have the same force and effect as an original signature. The Clerk of the Court shall make shit action closed and all pending motions denied as moot. (The Republic of Argentina terminated.) (Signed by Judge Loretta A. Preska on 7/7/2017) (jwh)
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Filing 56
ORDER OF SATISFACTION OF JUDGMENT re: #22 Judgment: NOW, THEREFORE, full satisfaction of plaintiffs' Final Judgment against the Republic 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 Loretta A. Preska on 7/7/2017) (jwh)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #56 Order, to the Judgments and Orders Clerk. (jwh) |
| SATISFACTION OF JUDGMENT re: #22 Judgment entered in favor of Crista Irene Brandes and Francisco Miguel Molinari and against The Republic of Argentina. Judgment fully satisfied on 7/7/2017. (km) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu) |
| Filing 55 NOTICE OF CHANGE OF ADDRESS by Gary Steven Snitow on behalf of Crista Irene Brandes, Francisco Miguel Molinari. New Address: Snitow, Kanfer & Holtzer, 575 Lexington Avenue, 14th Floor, New York, NY, USA 10022, 212-317-8500. (Snitow, Gary) |
| Filing 54 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Execution served on Banco de la Nacion Argentina on 4/19/2010. Service was accepted by Mr. R.H. Barrientes, Legal. Document filed by Crista Irene Brandes, Francisco Miguel Molinari. (pl) |
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Filing 53
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 1019/2010) (jpo)
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Filing 52
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 51 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 50 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 49 JOINDER to join Milberg Plaintiffs' Memorandum of Law In Opposition to The Republic of Argentina's Motion to Vacate and Quash Ex Parte Orders and Joinder in The EM and NML Plaintiffs' and The Aurelius Plaintiffs' May 7, 2010 Submissions. Document filed by Crista Irene Brandes, Francisco Miguel Molinari.(Spencer, Michael) |
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Filing 48
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 47
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 46 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 45 SEALED DOCUMENT placed in vault.(nm) |
| Filing 44 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 43 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 42 JOINDER to join The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 Submissions and Memorandum of Law in Further Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 41 SEALED DOCUMENT placed in vault.(nm) |
| Filing 40 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 |
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Filing 39
RESTRAINING ORDER, 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 the sum of $325,103,968.09 and 1,077,041.58 comprised of the amount of the Milberg Plaintiffs' final judgments plus accrued post-judgment interest. IT IS FURTHER ORDERED that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina or BCRA have an interest, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Restraining Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting the transfer of any property on deposit with them or held under their control, such as will satisfy the above- mentioned sum of $325,103,968.09 and 1,077,041.58. Additional terms and conditions are as set forth in this Order. (Signed by Judge Thomas P. Griesa on 1/15/10) (pl)
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Filing 38
REFILED ORDER: It is hereby ordered that the Milberg Plaintiffs' attorneys and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 4.1, in addition to the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal"), to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order issued on this date pursuant to Fed. R. Civ. P. 64 & 69, 6201, 6202 & 6211 of the New York Civil Practice Law and Rules ("CPLR"), and the Foreign Sovereign Immunities Act, 28 U.S.C. 1601 et seq., thereby levying upon each such garnishee pursuant to CPLR 6214(a) so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of Argentina while Plaintiffs' application is pending; FURTHER ORDERED that the Attachment Order shall specify in accordance with CPLR 6202 that it applies to any property in the United States (whether real or personal, tangible or intangible presently existing or hereafter arising), which could be assigned or transferred as provided in N.Y. C.P.L.R. 520 I, including but not limited to cash, gold, special drawing rights, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims and contractual rights, and interests of any kind in the foregoing (collectively, the "Property"), directly or indirectly held or maintained in the name of, in a trust held by, or for the use or benefit of Banco Central de la Republica Argentina ("BCRA"), whether for its own account or for the benefit of Defendant the Republic of Argentina ("Argentina"), EXCLUDING: (a) property belonging to the embassy, consulate, or permanent mission to the United Nations of Argentina; and (b) any property that is, or is intended to be, used in connection with a military activity, and is of a military character or is under the control of a military or defense agency. FURTHER ORDERED that no Property shall be taken into actual custody by any enforcement officer pursuant to the Attachment Order pending further order of this Court; FURTHER ORDERED that pursuant to CPLR 6214(e), the levy effected pursuant to service of the Attachment Order on each garnishee is extended until 30 days following final resolution of Plaintiffs' application, including any related appeals. proceedings on remand, and any subsequent appeals; FURTHER ORDERED that pursuant to Fed. R. Civ. P. 64 & 69, CPLR 5230, and 28 U.S.c. 161O(c), the Milberg Plaintiffs' attorneys and their respective employees are authorized to deliver to the U.S. Marshal writs of execution or orders of attachment directed to the Property, which are to be levied by service immediately pursuant to CPLR 5232 upon any located garnishee within the jurisdiction of this Court, so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of Argentina while Plaintiffs' application is pending; FURTHER ORDERED that the U.S. Marshal is directed to defer seizure of any Property from any garnishee located within the jurisdiction of this Court pending further order of this Court; FURTHER ORDERED that pursuant to CPLR *5232(a), the levies effected pursuant to service of the writs of execution on any garnishee located within the jurisdiction of this Court are extended until 30 days following final resolution of Plaintiffs' application, including any related appeals, proceedings on remand, and any subsequent appeals; FURTHER ORDERED that pursuant to CPLR 5230(c), the time for the U.S. Marshal to serve the writs of execution and to return said executions to the Clerk of the Court is extended an additional 60 days; FURTHER ORDERED that the Milberg Plaintiffs' attorneys and their respective employees shall effect personal service of this Omnibus order upon counsel for Argentina -Cleary, Gottlieb Stern & Hamilton One Liberty Plaza, New York, New York 10006, attention Carmine Boccuzzi, Esq., and BCRA -- Sullivan & Cromwell LLP, 125 Broad Street, New York, New York, 10004, attention Joseph E. Neuhaus, Esq. (or such other counsel as BCRA may designate); and FURTHER ORDERED that opposing papers, if any, are to be served upon counsel for the Milberg Plaintiffs, Milberg LLP, One Pennsylvania Plaza, New York, New York 10119, attention Michael C. Spencer, Esq. (Signed by Judge Thomas P. Griesa on 1/19/2010) (jpo)
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Filing 37
OMNIBUS ORDER: that the Milberg Plaintiffs' attorneys and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 4.1, in addition to the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal"), to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order issued on this date pursuant to Fed. R. Civ. P. 64 & 69, 6201,6202 & 6211 of the New York Civil Practice Law and Rules ("CPLR"), and the Foreign Sovereign Immunities Act, 28 U.S.c. 1601 et seq., thereby levying upon each such garnishee pursuant to CPLR 6214(a) so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of Argentina while Plaintiffs' application is pending and as further set forth in this Order. FURTHER ORDERED that no Property shall be taken into actual custody by any enforcement officer pursuant to the Attachment Order pending further order of this Court; FURTHER ORDERED that pursuant to CPLR 6214(e), the levy effected pursuant to service of the Attachment Order on each garnishee is extended until 30 days following final resolution of Plaintiffs' application, including any related appeals, proceedings on remand, and any subsequent appeals. (Signed by Judge Thomas P. Griesa on 1/19/2010) (tve) Modified on 1/26/2010 (tve).
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| Filing 36 Writ of Execution Issued as to The Republic of Argentina on 1/19/2010 # 09,0210 in the amount of $ 5,232,997.70. (Signed by Judge Judge Thomas P. Griesa on 1/15/10) (dt) |
| Filing 35 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 34
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 33 MANDATE of USCA (Certified Copy) as to #26 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #17 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #9 Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5695-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) |
| Transmission of USCA Mandate/Order to the District Judge re: #33 USCA Mandate,,. (nd) |
| Filing 32 NOTICE OF APPEARANCE by Gary Steven Snitow on behalf of Crista Irene Brandes, Francisco Miguel Molinari (Snitow, Gary) |
| Filing 31 NOTICE OF APPEARANCE by Peter George Safirstein on behalf of Crista Irene Brandes, Francisco Miguel Molinari (Safirstein, Peter) |
| Filing 30 NOTICE OF APPEARANCE by Leigh Smith on behalf of Crista Irene Brandes, Francisco Miguel Molinari (Smith, Leigh) |
| Filing 29 NOTICE OF APPEARANCE by Michael Champlin Spencer on behalf of Crista Irene Brandes, Francisco Miguel Molinari (Spencer, Michael) |
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Filing 28
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the Court, that Francisco Miguel Molinari substitutes Michael C. Spencer as counsel of record in place of Joel A, Chernov, Dreier LLP. So Ordered. (Signed by Judge Thomas P. Griesa on 8/28/09) (js)
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Filing 27
CONSENT ORDER GRANTING SUBSTTUTION OF ATTORNEY: It is hereby given that, subject to approval by the Court that Michael C. Spencer of Millberg LLP. be entered in place of Joel A.Chernov of the law firm Dreier LLP. So Ordered (Signed by Judge Thomas P. Griesa on 8/28/09) (js)
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| Transmission of Notice of Appeal to the District Judge re: #26 Amended Notice of Appeal. (nd) |
| Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #26 2nd Amended Notice of Appeal. (nd) |
| Filing 26 SECOND AMENDED NOTICE OF APPEAL re: #9 Notice of Appeal, #17 Amended Notice of Appeal, #23 Order. Document filed by Administracion Nacional de Seguridad Social. (nd) |
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Filing 25
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 24
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 23
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 22 JUDGMENT #09,0210 in favor of Crista Irene Brandes, and Francisco Miguel Molinari against The Republic of Argentina in various amounts. (Signed by Judge Thomas P. Griesa on 2/6/09) (Attachments: #1 notice of right to appeal)(ml) |
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Filing 21
ORDER AND OPINION #97046: The motion for summary judgment is granted. Judgment will be entered for the principal amount of the bonds issued under the 1994 FAA and the 1993 FAA 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, they shall jointly submit an agreed proposed judgment to the Court to be entered on adate agreed to by the parties upon consultation with Chambers. 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." (Signed by Judge Thomas P. Griesa on 2/6/09) (js) Modified on 2/9/2009 (mro).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #21 Memorandum & Opinion,,,,, to the Judgments and Orders Clerk. (js) |
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Filing 20
STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED THAT: Any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals shall apply with equal force to the Additional Orders; To the extent any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals distinguishes between prejudgment plaintiffs and post-judgment plaintiffs, such distinction shall apply with equal force to the Additional Orders; The plaintiffs in the above-captioned actions and the Fund Managers shall take any and all necessary steps with respect to the Additional Orders to effect any decision issued by the Court of Appeals with respect to the Appeals or Consolidated Appeals. (Signed by Judge Thomas P. Griesa on 1/16/09) (mme)
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Filing 19
STIPULATION AND ORDER: Any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals, including, but not limited to, any decision regarding the status of ANSES under the Foreign Sovereign Immunities Act, shall apply with equal force to the Additional Orders. To the extent any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals distinguishes between prejudgment plaintiffs and post-judgment plaintiffs, such distinction shall apply with equal force to the Additional Orders. The parties and interested non-party ANSES shall take any and all necessary steps with respect to the Additional Orders to effect any decision issued by the Court of Appeals with respect to the Appeals or Consolidated Appeals. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
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Filing 18
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi, Jr. dated 12/22/08 re: Counsel submits a Stipulation and Proposed Order entered into by the Republic of Argentina, interested non-party ANSES, and the plaintiffs represented by Dreier LLP in the forty-nine cases listed in Annex A (herein). Plaintiffs in the Dreier Cases moved by Order to Show Cause on 11/6/08 regarding Argentine pension fund assets and obtained orders similar to the 10/29/08 Aurelius Order and 11/7/08 NML Orders, which the Republic and ANSES are currently appealing (among other related orders). Plaintiffs, the Republic, and ANSES have agreed that the outcome of the appeals referenced in the stipulation (e.g., Aurelius Capital Partners, LP, et al. v. Republic of Argentina, 07 Civ. 2715 (TPG); NML Capital Ltd. v. Republic of Argentina, 05 Civ. 2434 (TPG)) shall apply to the Dreier Cases. The parties to the stipulation respectfully request that the Court "So Order" the stipulation, and further Order by endorsing this letter that the Clerk of the Court shall docket the stipulation in each of the forty-nine cases listed in Annex A. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
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| Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #17 Amended Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #17 Amended Notice of Appeal. (nd) |
| Filing 17 AMENDED NOTICE OF APPEAL re: #9 Notice of Appeal, #16 Memorandum & Opinion,,, #7 Order to Show Cause. Document filed by Administracion Nacional de Seguridad Social. (nd) |
| Filing 14 DECLARATION of Crista Irene Brandes in Support re: #10 MOTION for Summary Judgment.. Document filed by Crista Irene Brandes, Francisco Miguel Molinari. (Chernov, Joel) |
| Filing 13 DECLARATION of Joel A. Chernov in Support re: #10 MOTION for Summary Judgment.. Document filed by Crista Irene Brandes, Francisco Miguel Molinari. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 1A - 1994 FAA, Part 1 of 2, #3 Exhibit 1A -1994 Fiscal Agency Agreement Part 2 of 2, #4 Exhibit 1B - 1993 Fiscal Agency Agreement, #5 Exhibit 1C - Exhibit 1 to 1993 FAA, #6 Exhibit 2 - Answer, #7 Exhibit 3 - Defendant's First Request for the Production of Documents, #8 Exhibit 4 - Plaintiffs' Responses and Objections to Defendant's First Request for the Production of Documents, #9 Exhibit 5 - Applestein Opinion, #10 Exhibit 6 - Em Ltd. Decision,, #11 Exhibit 7 - Lightwater Decision,, #12 Exhibit 8 - Mazzini Decision,, #13 Exhibit 9 - March 28 Transcript,, #14 Exhibit 10 - Mazoral Decision, #15 Exhibit 11 - March 5, Transcript Part 1 of 3, #16 Exhibit 11 - March 5, Transcript Part 2 of 3, #17 Exhibit 11 - March 5, Transcript Part 3 of 3)(Chernov, Joel) |
| Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION for Summary Judgment.. Document filed by Crista Irene Brandes, Francisco Miguel Molinari. (Chernov, Joel) |
| Filing 11 RULE 56.1 STATEMENT. Document filed by Crista Irene Brandes, Francisco Miguel Molinari. (Chernov, Joel) |
| Filing 10 MOTION for Summary Judgment. Document filed by Crista Irene Brandes, Francisco Miguel Molinari.(Chernov, Joel) |
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Filing 16
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 15
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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| Transmission of Notice of Appeal to the District Judge re: #9 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #9 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #8 Affidavit of Service Other, filed by Crista Irene Brandes, Francisco Miguel Molinari, #1 Complaint filed by Crista Irene Brandes, Francisco Miguel Molinari, #7 Order to Show Cause,,,,,,, filed by Carlo Cigolini, Alejandro Alberto Etcheto, HWB Alexandra Strategies Portfolio, Arnoldo Dolcetti, Luca Mullazzani, Maurizio Petroni, Gunther Braun, Carla Nanni, Crista Irene Brandes, NW Global Strategies, Liliana Edith Genni, Victoria Strategies Portfolio Ltd., HWB Victoria Strategies Portfolio, Roberto Akman, Estela Isabel Delgado, Gabriele Dolcetti, HWB Portfolio Plus, Helmut Hageman, Susana Alicia Monkes, Nava Tellade, HWB Quo Vadis, Alberto Haber, Marcella Dolcetti, HWB Renten Portfolio Plus, HWB Ouo Vadis, Juan Eduardo Colombo, Francisco Miguel Molinari, HWD Victoria Strategies Portfolio, #5 Answer to Complaint filed by The Republic of Argentina, #6 Certificate of Service Other filed by The Republic of Argentina, #4 Notice of Case Assignment/Reassignment, #3 Summons Returned Executed, filed by Crista Irene Brandes, Francisco Miguel Molinari, #9 Notice of Appeal filed by Administracion Nacional de Seguridad Social, #2 Rule 7.1 Corporate Disclosure Statement filed by Crista Irene Brandes, Francisco Miguel Molinari were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 9 NOTICE OF APPEAL from #7 Order to Show Cause,. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 670565. (nd) |
| Filing 8 AFFIDAVIT OF SERVICE of Order to Show Cause and Declaration of Joel A. Chernov served on Cleary, Gottlieb, Steen & Hamilton, attorneys for defendant on November 6, 2008. Document filed by Crista Irene Brandes, Francisco Miguel Molinari. (Chernov, Joel) |
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Filing 7
ORDER TO SHOW CAUSE filed by Juan Eduardo Colombo, Estela Isabel Delgado, Carla Nanni, Maurizio Petroni, Roberto Akman, Liliana Edith Genni, Marcella Dolcetti, Nava Tellade, Gabriele Dolcetti, Arnoldo Dolcetti, Luca Mullazzani, Carlo Cigolini, HWB Victoria Strategies Portfolio, Gunther Braun, HWB Renten Portfolio Plus, HWB Ouo Vadis, HWB Alexandra Strategies Portfolio, NW Global Strategies, Victoria Strategies Portfolio Ltd., HWB Portfolio Plus, HWD Victoria Strategies Portfolio, HWB Quo Vadis, Alejandro Alberto Etcheto, Susana Alicia Monkes, Alberto Haber, Helmut Hageman, Crista Irene Brandes, Francisco Miguel Molinari. LET THE DEFENDANT HEREIN SHOW CAUSE, before Judge Thomas P. Griesa Room 26B, at the United States Courthouse located at 500 Pear Street, New York, on the 14th day of November, 2008 at 4:30 pm, or as soon thereafter as counsel may be heard, why an order should not be made and entered, granting an attachment on any present future or contingent interest of the Republic of Argentina, Citibank, N.A., Standard Americas, Inc., Standard New York, Inc., Standard New York Securities, Inc. and/or any potential garnishee subsequently determined through discovery to be within the jurisdiction of the Court, with respect to any property in the United States (whether real or personal, tangible or intangible, presently existing or hereafter arising) which could be assigned or transferred, including but not limited to cash, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims, and contractual rights, and interests of any kind in the foregoing, held or maintained in the name of or for the use or benefit in the manner that is set forth in this order. (Signed by Judge Thomas P. Griesa on 11/6/08) (pl)
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| Filing 6 CERTIFICATE OF SERVICE of Richard V. Conza dated September 26, 2008 [re: #5 Answer]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 5 ANSWER to Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Mailed notice to the attorney(s) of record. (laq) |
| Filing 4 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:07-cv-02788-TPG. Notice of Assignment to follow. (laq) |
| Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 7/28/2008, answer due 8/18/2008. Service was accepted by Roberto Barrientos, Vice President of Banco de la Nacion Argentina. Document filed by Crista Irene Brandes; Francisco Miguel Molinari. (Alter, Regina) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crista Irene Brandes, Francisco Miguel Molinari.(jeh) (tro). |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 657726)Document filed by Crista Irene Brandes, Francisco Miguel Molinari.(jeh) (tro). |
| SUMMONS ISSUED as to The Republic of Argentina. (jeh) |
| Case Designated ECF. (jeh) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly Related to 07cv2788. (jeh) |
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