EM Ltd. et al v. The Republic of Argentina et al
| EM Ltd. and NML Capital, Ltd. |
| Banco De La Nacion Argentina and The Republic of Argentina |
| 1:2008cv07974 |
| September 15, 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. § 1331 |
| 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 146 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Andriano - Legal. Document filed by EM Ltd., NML Capital, Ltd. (ft) |
| Filing 145 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment order served on Banco de la nacion Argentina on 6/14/2010. Service was accepted by Mr. RH Barrientos. Document filed by EM Ltd. (cd) |
| Filing 144 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment order served on HSBC Bank on 6/14/2010. Service was accepted by Ms. S. Vasquez. Document filed by EM Ltd. (cd) |
| Filing 143 MANDATE of USCA (Certified Copy) as to #139 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4486. 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) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #28 Declaration in Support filed by NML Capital, Ltd., #36 Affidavit of Service Complaints, filed by EM Ltd., NML Capital, Ltd., #14 Notice (Other) filed by NML Capital, Ltd., #139 Notice of Appeal filed by The Republic of Argentina, #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., #27 Memorandum of Law in Support filed by NML Capital, Ltd., #17 Memorandum of Law in Support filed by NML Capital, Ltd., #122 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #69 Stipulation and Order, Set Deadlines,,,, #66 Stipulation and Order, #24 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #137 Memorandum & Opinion,,,,,,, #118 Stipulation and Order, Set Deadlines/Hearings,,,,,, #108 Endorsed Letter, #74 Stipulation and Order, Set Deadlines/Hearings,, #128 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #34 Order,,,,,,, #15 Notice (Other) filed by NML Capital, Ltd., #120 Memorandum of Law in Support of Motion filed by EM Ltd., NML Capital, Ltd., #115 Order, #13 Notice (Other) filed by NML Capital, Ltd., #119 Memorandum of Law in Support of Motion filed by EM Ltd., NML Capital, Ltd., #35 Affidavit of Service Complaints filed by EM Ltd., NML Capital, Ltd., #126 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #40 Protective Order, #23 MOTION Confirm Restraining and Attachment Orders. filed by NML Capital, Ltd., #26 Certificate of Service Other filed by NML Capital, Ltd., #25 Declaration in Support of Motion filed by NML Capital, Ltd., #16 Certificate of Service Other filed by NML Capital, Ltd., #33 Order,,,,,,,,, #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., #135 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #140 Appeal Record Sent to USCA - Index, #38 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #22 Declaration in Support,,,,, filed by NML Capital, Ltd., #29 Order of Attachment,,,,,, #68 Order Striking Document from Record, #59 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,,,, #116 MOTION confirm Order of Attachment entered on May 28, 2010. filed by NML Capital, Ltd., #99 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #136 Stipulation and Order, Consent Order,, #110 Order of Attachment,, #95 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, #121 Declaration in Support of Motion,,, filed by EM Ltd., #117 Endorsed Letter, #18 Declaration in Support filed by NML Capital, Ltd., #73 Endorsed Letter, #53 Stipulation and Order, Set Deadlines,,,, #21 Declaration in Support filed by NML Capital, Ltd., #134 Reply Memorandum of Law in Oppisition to Motion, filed by Banco De La Nacion Argentina, #75 Endorsed Letter, Set Deadlines/Hearings,, #81 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #141 Notice of Voluntary Dismissal, filed by EM Ltd., NML Capital, Ltd., #20 Declaration in Support filed by NML Capital, Ltd., #142 Amended Complaint filed by NML Capital, Ltd., #39 Endorsed Letter, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, #106 Endorsed Letter, #129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #125 Declaration in Support of Motion,, filed by Banco De La Nacion Argentina, #31 Order of Attachment,,,, #103 Order Admitting Attorney Pro Hac Vice, #124 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #131 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #1 Complaint filed by EM Ltd., NML Capital, Ltd., #12 Notice (Other) filed by NML Capital, Ltd., #105 MOTION for John B. Missing to Appear Pro Hac Vice. filed by EM Ltd., #138 Order,,,, #30 Order of Attachment,,,,,,,, #132 Stipulation and Order, Set Deadlines/Hearings,,,, #127 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #19 Declaration in Support filed by NML Capital, Ltd., #113 Memorandum of Law in Support of Motion,,, filed by EM Ltd., #109 Order to Show Cause, #114 Declaration in Support of Motion,,,,,, filed by EM Ltd., #130 Declaration in Support of Motion, filed by The Republic of Argentina, #32 Order,,,,,,,, #96 Memorandum & Opinion,,,, #123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010. filed by Banco De La Nacion Argentina, #133 Reply Memorandum of Law in Support of Motion, filed by EM Ltd. USCA Case Number 10-4486-cv, were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 141 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Banco De La Nacion Argentina, The Republic of Argentina. Document filed by EM Ltd., NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 142 AMENDED COMPLAINT amending #1 Complaint against Banco De La Nacion Argentina, The Republic of Argentina.Document filed by NML Capital, Ltd. Related document: #1 Complaint filed by EM Ltd., NML Capital, Ltd..(mbe) |
| Filing 140 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #139 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4486-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #139 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #139 Notice of Appeal. (nd) |
| Filing 139 NOTICE OF APPEAL from #137 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 920152. (nd) |
Filing 138
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 137
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).
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Filing 136
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 135 REPLY MEMORANDUM OF LAW in Support re: #129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine) |
| Filing 134 REPLY MEMORANDUM OF LAW in Opposition re: 97 MOTION for Reconsideration., #111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd... Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 133 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 97 MOTION for Reconsideration. //Plaintiffs' Supplemental Reply Brief in Further Support of Their Motion for Partial Reconsideration and for Leave to Amend the Complaint. Document filed by EM Ltd.. (Attachments: #1 (Proposed) Amended Complaint, #2 Certificate of Service)(Grosso, Suzanne) |
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Filing 132
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 131 MEMORANDUM OF LAW in Support re: #129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders 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, dated July 30, 2010. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 130 DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: #129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-O)(Boccuzzi, Carmine) |
| Filing 129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 128 DECLARATION of Geoffrey P. Miller in Support re: #123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sullivan, Mark) |
| Filing 127 DECLARATION of Hernan Del Villar in Support re: #123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark) |
| Filing 126 DECLARATION of Eduardo Barreira Delfino in Support re: #123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 125 DECLARATION of Juan Carlos Fabrega in Support re: #123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010.. 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 124 MEMORANDUM OF LAW in Support re: #123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010. 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 123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark) |
| 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 122
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 121 DECLARATION of Suzanne Grosso, Esquire in Support re: 97 MOTION for Reconsideration., #116 MOTION confirm Order of Attachment entered on May 28, 2010.. Document filed by EM Ltd.. (Attachments: #1 Affidavit /Certificate of Service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37)(Grosso, Suzanne) |
| Filing 120 MEMORANDUM OF LAW in Support re: #116 MOTION confirm Order of Attachment entered on May 28, 2010.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Affidavit /Certificate of Service)(Grosso, Suzanne) |
| Filing 119 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 97 MOTION for Reconsideration.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Affidavit /Certificate of Service)(Grosso, Suzanne) |
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Filing 118
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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| Filing 117 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis Hranitzky dated 6/2/10 re: Request to adjourn the return date on the motion to confirm. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/9/10) (cd) |
| Filing 116 MOTION confirm Order of Attachment entered on May 28, 2010. Document filed by NML Capital, Ltd..(Kirsch, Eric) |
| Filing 115 Memorandum: The court therefore invites additional briefing on the Motion for Reconsideration of the September 30, 2009 opinion. The parties are requested to advise the court promptly as to the schedule of such additional briefing. This request is, of course, made to all parties. (Signed by Judge Thomas P. Griesa on 5/28/2010) (tve) |
| Filing 114 DECLARATION of Suzanne M. Grosso in Support re: #111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd.., #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... Document filed by EM Ltd.. (Attachments: #1 Exhibit 1 to Grosso Declaration, #2 Exhibit 2 to Grosso Declaration, #3 Exhibit 3 to Grosso Declaration, #4 Exhibit 4 to Grosso Declaration, #5 Exhibit 5 to Grosso Declaration, #6 Exhibit 6 to Grosso Declaration, #7 Exhibit 7 to Grosso Declaration, #8 Exhibit 8 to Grosso Declaration, #9 Exhibit 9 to Grosso Declaration, #10 Exhibit 10 to Grosso Declaration, #11 Exhibit 11 to Grosso Declaration, #12 Exhibit 12 to Grosso Declaration, #13 Exhibit 13 to Grosso Declaration, #14 Exhibit 14 to Grosso Declaration, #15 Exhibit 15 to Grosso Declaration, #16 Exhibit 16 to Grosso Declaration, #17 Exhibit 17 to Grosso Declaration, #18 Exhibit 18 to Grosso Declaration, #19 Exhibit 19 to Grosso Declaration, #20 Exhibit 20 to Grosso Declaration, #21 Exhibit 21 to Grosso Declaration, #22 Certificate of Service)(Grosso, Suzanne) |
| Filing 113 MEMORANDUM OF LAW in Support re: #111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd.., #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.. / Memorandum of Law in Support of Plaintiffs' Ex Parte Motion Seeking Attachment Orders and Motion to Amend Complaint, filed on behalf of EM Ltd. and NML Captial, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Certificate of Service)(Rivkin, David) |
| Filing 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.. Document filed by EM Ltd.. (Attachments: #1 Certificate of Service)(Rivkin, David) |
| Filing 111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd.. Document filed by EM Ltd.. (Attachments: #1 Certificate of Service)(Rivkin, David) |
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Filing 110
ORDER OF ATTACHMENT: It is hereby ordered that the motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following (a) entry of a judgment for NML in all of the Pending NML Actions, and for Plaintiffs in the Alter-Ego Action; or (b) entry of a judgment for the Defendants in the Alter-Ego Action; and that the amount to be secured by this Order is $3,151,034,081, as set forth in this Order. (Signed by Judge Thomas P. Griesa on 5/28/2010) (jpo)
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Filing 109
ORDER TO SHOW CAUSE: It is hereby ordered that defendant show cause 6/3/2010 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa, why an order should be entered confirming, pursuant to F.R.C.P. 64(a) 28 U.S.C. 1610, and Article 62 of the New York Civil Practice Law and Rules, as set forth in this order. (Signed by Judge Thomas P. Griesa on 5/28/2010) (jpo)
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Filing 108
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Suzanne M. Grosso dated 11/11/09 re: counsel for plaintiff requests that for the convenience of the Court and the parties, the following non ecf action be designated as ECF cases: 03cv2507, 06cv7792, 08cv7974, 03cv8845, 05cv2434, 06cv6466, 07cv1910, 07cv2690, 07cv6563 and 09cv7013. ENDORSEMENT: So Ordered (Signed by Judge Thomas P. Griesa on 11/13/09) (dle)
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| Case Designated ECF. (dle) |
| Filing 107 PLAINTIFF'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION FOR RECONSIDERATION. Document filed by EM Ltd., NML Capital, Ltd. (Received in the night deposit box on 11/20/09 at 6:41pm) (mro) |
| CASHIERS OFFICE REMARK on #105 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/10/2009, Receipt Number 705440. (jd) |
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Filing 106
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 97 MOTION for Reconsideration.. Replies due by 11/20/2009. (jfe) |
| Set/Reset Deadlines as to 97 MOTION for Reconsideration.. Replies due by 11/12/2009. (jfe) |
| Filing 105 MOTION for John B. Missing to Appear Pro Hac Vice. Document filed by EM Ltd.(dle) |
| Filing 104 NOTICE OF APPEARANCE by Suzanne Michelle Grosso on behalf of EM Ltd. (mro) |
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Filing 103
ORDER ADMITTING ATTORNEY John B. Missing PRO HAC VICE for plaintiff EM Ltd. (Signed by Judge Thomas P. Griesa on 11/6/09) (cd)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #103 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
| Filing 102 MEMORANDUM OF LAW in Opposition re: 97 MOTION for Reconsideration. Document filed by The Republic of Argentina. (Received in the night deposit box on 11/5/09 at 5:03pm) (mro) |
| Filing 101 MEMORANDUM OF LAW in Opposition re: 97 MOTION for Reconsideration. Document filed by Banco De La Nacion Argentina. (Received in the night deposit box on 11/5/09 at 5:23pm) (mro) |
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Filing 99
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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| Filing 100 TRANSCRIPT of proceedings held on October 2, 2009 at 11:30 am before Judge Thomas P. Griesa. (rdz) |
| Filing 98 MEMORANDUM OF LAW in Support re: 97 MOTION for Reconsideration. Document filed by EM Ltd., NML Capital, Ltd.(dle) |
| Filing 97 MOTION for an order pursuant to Rule 6.3 of the Local Rules for the SDNY and Rules 59(e) and 60(b) of the FRCP. Document filed by EM Ltd., NML Capital, Ltd.(dle) |
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Filing 96
OPINION:#98109 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) Modified on 10/2/2009 (eef).
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| Filing 95 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 94 CERTIFICATE OF SERVICE of NML Capital, Ltd's Motion to Compel Barclays Bank PLC to Respond to Subpoena served on The Republic of Argentina and Barclays Bank PLC on 9/22/2009. Service was accepted by Carmine Boccuzzi and Lance Croffoot-Suede. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 93 DECLARATION of William B. Mack. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 92 MEMORANDUM OF LAW in Support re: 91 Notice of MOTION to Compel Barclays Bank PLC to respond to Subpoena.. Document filed by NML Capital, Ltd.. (mbe) |
| Filing 91 Notice of MOTION to Compel. Document filed by NML Capital, Ltd..(mbe) |
| Filing 90 DECLARATION of William B. Mack in Support re: 88 MOTION to Compel Deusche Bank AG to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 89 MEMORANDUM OF LAW in Support re: 88 MOTION to Compel Deusche Bank AG to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 88 MOTION to Compel Deusche Bank AG to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd.(mro) |
| Filing 87 DECLARATION of William B. Mack in Support re: 85 MOTION to Compel Citigroup, Inc. to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 86 MEMORANDUM OF LAW in Support re: 85 MOTION to Compel Citigroup, Inc. to respond to subpoena. Document filed by NML Capital, Ltd. (mro) |
| Filing 85 MOTION to Compel Citigroup, Inc. to respond to subpoena pursuant to Rules 30, 45, and 69 of the FRCP. Document filed by NML Capital, Ltd.(mro) |
| Filing 84 DECLARATION of Mark S. Sullivan in Support re: 78 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Banco De La Nacion Argentina. (djc) |
| Filing 83 REPLY MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Banco De La Nacion Argentina. (djc) |
| Filing 82 REPLY MEMORANDUM OF LAW in further support of its motion to dismiss pursuant to Rule 12(b)(6). Document filed by The Republic of Argentina. (dle) |
| Filing 81 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 5/14/09 re: Counsel for Defendant Banco de la Nacion Argentina write to request Your Honor's approval to amend the briefing schedule relating to defendants' motion to dismiss the complaint from 5/22/09 to 5/29/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/15/09) (tro) |
| Filing 80 MEMORANDUM OF LAW in Opposition re: 78 MOTION to Dismiss for Lack of Jurisdiction., 76 MOTION to Dismiss.. Document filed by EM Ltd., NML Capital, Ltd.. (djc) |
| Filing 79 MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Banco De La Nacion Argentina. (pl) |
| Filing 78 MOTION for an order pursuant to F.R.C.P. 12(b)(1) to Dismiss the complaint for Lack of subject matter jurisdiction. Document filed by Banco De La Nacion Argentina.(pl) |
| Filing 77 MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss.. Document filed by The Republic of Argentina. (dle) |
| Filing 76 MOTION for an order pursuant to FRCP 12(b)(6)dismissing plaintiffs' claims. Document filed by The Republic of Argentina.(dle) |
| Filing 75 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 3/3/2009 re: The parties propose the following briefing schedule: April 8, 2009, Defendants motion to dismiss; May 8, 2009; May 22, 2009, Defendants' reply papers. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 3/4/2009) (jpo) |
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Filing 74
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER COMPLAINT: It is hereby stipulated and agreed by and between the parties that the time for the Republic and BNA to answer, move against or otherwise respond to the Complaint in this action shall be extended up to and including April 8, 2009. (Signed by Judge Thomas P. Griesa on 3/4/2009) (jpo)
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| Filing 73 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 72 SECOND DECLARATION of Jose R. Almonte in Support re: 60 MOTION for Writ of Execution. Document filed by EM Ltd., NML Capital, Ltd.. (pl) |
| Filing 71 REPLY MEMORANDUM OF LAW in further support re: 60 CROSS-MOTION for Writ of Execution. Document filed by EM Ltd., NML Capital, Ltd. (pl) |
| Filing 70 REPLY MEMORANDUM OF LAW of the Republic of Argentina in Support of re: 56 MOTION to Vacate. Document filed by The Republic of Argentina. (jmi) |
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Filing 69
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER COMPLAINT IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs NML Capital, Ltd. and EM Ltd. and defendants The Republic of Argentina (the "Republic") and Banco de la Naci6n Argentina ("BNA"), through their undersigned counsel, that the time for the Republic and BNA to answer, move or otherwise respond to the Complaint in this action shall be extended up to and including March 13, 2009. (Signed by Judge Thomas P. Griesa on 1/7/09) (mme)
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| ***STRICKEN DOCUMENT. Deleted document number 67 from the case record. The document was stricken from this case pursuant to #68 Order Striking Document from Record. (ae) |
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Filing 68
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 66
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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| Filing 65 SECOND DECLARATION of Dennis Hranitzky in Support re: 63 Reply Memorandum of Law in Support of Motion. Document filed by EM Ltd., NML Capital, Ltd.. (cd) |
| Filing 64 SECOND DECLARATION of Gerard Caprio in Support re: 63 Reply Memorandum of Law in Support of Motion. Document filed by EM Ltd., NML Capital, Ltd.. (cd) |
| Filing 63 REPLY MEMORANDUM OF LAW in Opposition re: 41 MOTION to Vacate.. Document filed by EM Ltd., NML Capital, Ltd.. (cd) |
| Filing 62 MEMORANDUM OF LAW in Support re: 60 MOTION for Writ of Execution.. Document filed by EM Ltd., NML Capital, Ltd.. (cd) |
| Filing 61 DECLARATION of Jose Almonte in Support re: 60 MOTION for Writ of Execution.. Document filed by EM Ltd., NML Capital, Ltd.. (cd) |
| Filing 60 CROSS MOTION for Writ of Execution Against Certain Property of the Republic of Argentina Subject to the 9/12/08, Attachment and Restraining Orders. Document filed by EM Ltd., NML Capital, Ltd.(cd) |
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Filing 59
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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Filing 53
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER COMPLAINT: It is hereby stipulated and agreed by and between plaintiffs NML Capital, Ltd. and EM Ltd. and defendants The Republic of Argentina (the "Republic") and Banco de la Nacion Argentina ("BNA"), through their undersigned counsel, that the time for the Republic and BNA to answer, move or otherwise respond to the Complaint in this action shall be extended up to and including February 6, 2009. (Signed by Judge Thomas P. Griesa on 11/7/2008) (jfe)
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| Filing 58 MEMORANDUM OF LAW in Support re: 56 MOTION to Vacate... and in opposition to plaintiffs' motion to confirm. Document filed by The Republic of Argentina. (djc) |
| Filing 56 DECLARATION IN SUPPORT of Motion to Vacate.(djc) |
| Filing 55 MOTION to Vacate Ex Parte Restraining Orders and Orders of Attachment. Document filed by The Republic of Argentina.(djc) |
| Filing 54 MEMORANDUM OF LAW in Support of Motion to Vacate Ex parte Restraining Orders and Orders of Attachment and in Opposition to Plaintiffs' Motion to Confirm. Document filed by The Republic of Argentina. (djc) |
| Filing 57 DECLARATION of Cosme Juan Carlos Belmonte in Opposition to plaintiffs' motion to confirm attachment and restraining orders and in support of BNA's motion to vacate the Orders. Document filed by Banco De La Nacion Argentina. (djc) |
| Filing 50 DECLARATION of Laura M. Lestrade in opposition to the motion filed by plaintiffs to confirm the ex parte restraining and attachment orders of this Court, dated 9/12/08 and in Support re: 41 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) Modified on 11/3/2008 (dle). |
| Filing 49 DECLARATION of Professor Geoffrey Miller in support of defendant Banco de la Nacion Argentina's opposition to the motion of Plaintiffs EM Ltd. and NML Capital, Ltd. for an order attaching and restraining certain assets held by BNA's New York Branch in the U.S. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 48 DECLARATION of Eduardo Barreira Delfino in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 41 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 47 DECLARATION of Patricio Suarez Buyo in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 41 MOTION to Vacate.. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 46 DECLARATION of Cosme Juan Carlos Belmonte in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 41 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 45 DECLARATION of Jose Caceres Monie in Support re: 41 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 44 DECLARATION of Lic. Mercedes Marco Del Pont in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 41 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 43 DECLARATION of Juan Carlos Fabrega in opposition to plaintiffs' motion to confirm attachment and restraining orders and in Support re: 41 MOTION to Vacate.. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 42 MEMORANDUM OF LAW in opposition to plaintiffs' motion to confirm ex parte attachment and restraining orders and in Support re: 41 MOTION to Vacate. Document filed by Banco De La Nacion Argentina. (dle) |
| Filing 41 MOTION for an order pursuant to FRCP 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, vacating the ex parte restraining and attachment orders dated 9/12/08. Document filed by Banco De La Nacion Argentina.(dle) |
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Filing 40
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 39 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/29/08 re: Counsel requests that the court approve the following amended schedule: 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 38
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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| Mailed notice ASSIGNMENT to the attorney(s) of record. (rdz) |
| Filing 36 AFFIDAVIT OF SERVICE of Summons and Complaint. Banco De La Nacion Argentina served on 9/16/2008, answer due 10/6/2008. Service was accepted by Gustavo Juana, Chief Compliance Officer. Document filed by EM Ltd.; NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 35 AFFIDAVIT OF SERVICE of Summons and Complaint. The Republic of Argentina served on 9/16/2008, answer due 10/6/2008. Service was accepted by Gustavo Juana, Chief Compliance Officer. Document filed by EM Ltd.; NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 37 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. (rdz) |
| CASE ACCEPTED AS RELATED. Create association to 1:03-cv-08845-TPG. Notice of Assignment to follow. (rdz) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (rdz) |
| Filing 28 DECLARATION of Gerard Caprio, Jr., PhD in Support. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 27 MEMORANDUM OF LAW in Support of Ex Parte Motion for Restraining and Attachment Orders. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 26 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 25 DECLARATION of Dennis H. Hranitzky in Support re: #23 MOTION Confirm Restraining and Attachment Orders.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Hranitzky, Dennis) |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION Confirm Restraining and Attachment Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 23 MOTION Confirm Restraining and Attachment Orders. Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
| Filing 22 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 PT1, #9 Exhibit 8 PT2, #10 Exhibit 8 pt 3, #11 Exhibit 8 PT4, #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 PT1, #33 Exhibit 29 PT2, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32 PT1, #37 Exhibit 32 PT2, #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 21 DECLARATION of Joshua I. Sherman in Support. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 20 DECLARATION of Michael G. Martinson in Support. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Hranitzky, Dennis) |
| Filing 19 DECLARATION of Vincent Conlon in Support. Document filed by NML Capital, Ltd.. (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 Orders. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #6 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #5 Memorandum of Law in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Dennis H. Hranitzky as to Document No. #4 Transcript. This document is not filed via ECF. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #7 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #9 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #10 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #8 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dennis H. Hranitzky to RE-FILE Document #11 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of doc.#4. (KA) |
| Filing 16 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 15 NOTICE of filing of Restraining Order as to Banco de la Nacion Argentina re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 14 NOTICE of filing Order of Attachment as to Banco de la Nacion Argentina re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 13 NOTICE of filing Restraining Order re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 12 NOTICE of filing Order of Attachment re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael G. Martinson in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Dennis H. Hranitzky in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. 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 PT1, #9 Exhibit 8 PT2, #10 Exhibit 8 PT3, #11 Exhibit 8 PT4, #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 PT1, #33 Exhibit 29 PT2, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 32 PT2, #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) Modified on 9/18/2008 (KA). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joshua I. Sherman in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael G. Martinson in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of P. Vincent Conlon in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gerard Caprio, Jr., PhD in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #4 ORAL MOTION for Attachment and Restraining Orders.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
| Filing 4 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - ORAL MOTION for Attachment and Restraining Orders(TRANSCRIPT). Document filed by NML Capital, Ltd.(Hranitzky, Dennis) Modified on 9/18/2008 (KA). |
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Filing 34
RESTRAINING ORDER: It is hereby Ordered that Plaintiffs' motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $1,081,081,659, comprised of the amount of Plaintiffs' 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 BNA have an interest, 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 the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $1,081,081,659, and consisting solely of: (1) the right, claim and/or entitlement to recover any amounts, assets, funds or property pursuant to Section 605(11) or 606(4)(b) of the New York Banking Law at the conclusion of any voluntary winding up or involuntary liquidation of the New York Branch of BNA. 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, o Plaintiff's attorneys, levy upon, but refrain from taking into actual custody pending further order of this Court, assets of Defendants as described above within this jurisdiction such as will satisfy the above mentioned sum of $1,081,081,659 and consisting of any property described above. (Signed by Judge Thomas P. Griesa on 9/12/2008) (jfe) Modified on 10/16/2008 (jfe).
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Filing 33
RESTRAINING ORDER: It is hereby ordered that Plaintiffs' motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $1,081,081,659, comprised of the amount of Plaintiffs' 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 BNA have an interest. 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 the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $1,08l,081,659. and consisting solely of: (1) BNA's "Asset Pledge" deposit and "Asset Pledge" accounts, consisting of any and all securities, funds or other assets on deposit, pursuant to Section 02-b(l) of the New York Banking Law and Part 51 of the General Regulations of the Banking Board of the State of New York, with any bank(s), trust compan(y)(ies). private banker(s), national bank(s) and/or the Federal Reserve Bank in the State of New York and any right or claim against, or debt owed by, such bank(s), trust compan(y)(ies), private bank(s), national bank(s) or Federal Reserve Bank arising out of, resulting from or corresponding to such "Asset Pledge" deposit and accounts. (2) The right, claim and/or entitlement to recover any amounts, assets, funds or property pursuant to Section 605(11) or 606(4)(b) of the New York Banking Law at the conclusion of any voluntary winding up or involuntary liquidation of the New York Branch of BNA. (3) Any assets of Argentina in your custody, and any debt due or to become due to Argentina from you, within the State of New York, 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. (Signed by Judge Thomas P. Griesa on 9/12/2008) (jfe) Modified on 10/16/2008 (jfe).
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Filing 32
RESTRAINING ORDER: It is hereby Ordered that Plaintiffs' motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $1,081,081,659, comprised of the amount of Plaintiffs' judgments plus accrued post-judgment interest. It is further Ordered that that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina or BNA have an interest, 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 the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $1,081,081,659 Consisting solely of: (1) BNA's "Asset Pledge" deposit and "Asset Pledge" accounts, consisting of any and all securities, funds or other assets on deposit, pursuant to Section 202-b(l) of the New York Banking Law and Part 51 of the General Regulations of the Banking Board of the State of New York, with any bank:(s), trust compan(y)(ies), private banker(s), national bank(s) and/or the Federal Reserve Bank in the State of New York and any right or claim against, or debt owed by, such bank(s), trust compan(y)(ies), private bank(s), national bank(s) or Federal Reserve Bank arising out of, resulting from or corresponding to such "Asset Pledge" deposit and accounts. Any assets of Argentina in your custody, and any debt due or to become due to Argentina from you, within the State of New York, 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. (Signed by Judge Thomas P. Griesa on 9/12/2008) (jfe) Modified on 10/16/2008 (jfe).
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Filing 31
ORDER OF ATTACHMENT: It is hereby Ordered that the motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 161O(c) following (a) entry of a judgment for NML in all of the Pending NML Actions, and for Plaintiffs in the Alter-Ego Action; or (b) entry of a judgment for the Defendants in the Alter-Ego Action, and that the amount to be secured by this Order is $2,061,450,235. 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 Plaintiffs' 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 above captioned actions, such as will satisfy the above-mentioned sum of $2,061,450,235. (Signed by Judge Thomas P. Griesa on 9/12/2008) (jfe) Modified on 10/16/2008 (jfe).
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Filing 30
ORDER OF ATTACHMENT: It is hereby ordered that the motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 u.s.c. 161O(c) following (a) entry of a judgment for NML in all of the Pending NML Actions, and for Plaintiffs in the Alter-Ego Action; or (b) entry of a judgment for the Defendants in the AlterEgo Action and that the amount to be secured by this Order is $2,061,450,235. 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 Plaintiffs' 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 above captioned actions, such as will satisfy the above-mentioned sum of $2,061,450,235, and consisting solely of the right, claim and/or entitlement to recover any amounts, assets, funds or property pursuant to Section 605(II) or 606(4)(b) of the New York Banking Law at the conclusion of any voluntary winding up or involuntary liquidation of the New York Branch of BNA. It is further ordered that the attachment bond of $250,000 previously posted by NML and the two attachment bonds of $100,000 each ($200,000 total) previously posted by EM shall satisfy the bonding requirements for this attachment 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 attachment Order if it is decided that Plaintiffs are not entitled to an attachment of the property described above. It is further ordered that the garnishee statement required by CPLR 6219 shall be served on or before September 22, 2008, via email and first class email, upon Susan Y. Shamoto, Esq., Dechert LLP, 1095 Avenue of the Americas. New York, New York. 10036,susan.shamoto@dechert.com. (Signed by Judge Thomas P. Griesa on 9/12/2008) (jfe) Modified on 10/16/2008 (jfe).
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Filing 29
ORDER OF ATTACHMENT: It is hereby ordered that the motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 161O(c) following (a) entry of a judgment for NML in all of the Pending NML Actions, and for Plaintiffs in the Alter-Ego Action, or (b) entry of a judgment for the Defendants in the Alter-Ego Action, and that the amount to be secured by this Order is $2,061,450,235. 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 Plaintiffs' 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 above captioned actions, such as will satisfy the above-mentioned sum of $2,061,450,235. It is further ordered that the attachment bond of $250,000 previously posted by NML and the two attachment bonds of $100,000 each ($200,000 total) previously posted by EM shall satisfy the bonding requirements for this attachment Order, of which the total amount is on condition that Plaintiffs pay Defendants costs and damages, including reasonable at1omeys fees, that may be sustained by reason of this attachment Order if it is decided that Plaintiffs are not entitled to an attachment of the property described above. (Signed by Judge Thomas P. Griesa on 9/12/2008) (jfe) Modified on 10/15/2008 (jfe).
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| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EM Ltd.(laq) (mbe). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NML Capital, Ltd.(laq) (mbe). |
| Filing 1 COMPLAINT against The Republic of Argentina, Banco De La Nacion Argentina. (Filing Fee $ 350.00, Receipt Number 662990)Document filed by EM Ltd., NML Capital, Ltd.(laq) (mbe). |
| SUMMONS ISSUED as to The Republic of Argentina, Banco De La Nacion Argentina. (laq) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:03-cv-8845. (laq) |
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