NML Capital, Ltd. v. The Republic of Argentina
| NML Capital, Ltd. |
| The Republic of Argentina |
| Banco De La Nacion Argentina |
| Deutsche Bank AG New York Branch, Depository Trust Company, J.P. Morgan Securities LLC, Citigroup Global Markets Inc., Cede & Co., Euro Bondholders, Bank for International Settlements, CitiGroup Inc., Clearstream Banking S.A., Empresa Argentina de Soluciones Satelitales ("AR-SAT"), JPMorgan Chase Bank, N.A., Citicorp USA Inc., Jaime Caruana, Citicorp North America Inc., JPMorgan Chase & Co., Citibank, N.A., Banco Central de la Republica Argentina and The Bank of New York Mellon |
| Banco Bilbao Vizcaya Argentaria, S.A., BBVA Securities, Inc. and BBVA Compass Bancshares, Inc. |
| The Clearing House Association L.L.C. and Duane Morris Individual Plaintiffs |
| Daniel A. Pollack |
| 1:2009cv01707 |
| February 24, 2009 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| XX Out of U.S. |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (wb) |
Filing 613
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., and Defendant the Republic of Argentina (being all of the parties to these actions), that any and all claims asserted in the above-captioned actions shall be and are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party bearing its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama)
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Filing 612
ORDER: The court directs that the parties are to pay immediately all outstanding invoices submitted to the parties by the Special Master. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/22/2016) (kko)
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Filing 611
ORDER: On March 2, 2016, the court granted the Republic of Argentina's motion to vacate the pari passu injunctions upon the occurrence of two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. Some plaintiffs appealed that March 2 vacatur order. On April 13, 2016, the Court of Appeals heard oral argument on the appeal and affirmed the vacatur order from the bench. The Court of Appeals then issued a written order, holding that this court did not abuse its discretion in ordering that the injunctions would be vacated upon satisfaction of the two conditions precedent. Aurelius Capital Master, Ltd. v. Republic of Argentina, No. 16-628, sum. order at 21 (2d Cir. Apr. 15, 2016). The Court of Appeals also noted that, at the time the Republic certifies it has satisfied the conditions precedent, this court should "take steps... to determine whether the conditions have indeed been met." Id. The Republic now certifies that it has satisfied the conditions precedent. In support of certification, the Republic submits two sworn declarations. The first is the declaration of Undersecretary of Finance Santiago Bausili, which shows that the Republic has repealed all legislative obstacles to settlement, including the Lock Law and the Sovereign Payment Law. The second is the declaration of Matthew Dukes, Director of Deutsche Bank Securities, which lists the settlement payments made to every plaintiff that entered into an agreement in principle by February 29, 2016. For each payment, the Dukes declaration confirms the plaintiffs name, settlement amount, and Fedwire reference number. Having carefully reviewed the Republic's submissions, the court now finds that the conditions precedent have been met. Accordingly, the injunctions are vacated in all cases. All stipulations of dismissal are to be filed with the court no later than 2:00 p.m. on April 25, 2016. (Signed by Judge Thomas P. Griesa on 4/22/2016) (tro)
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| Filing 610 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 22, 2016 re: notifying the Court that the Republic has satisfied the two conditions precedent to vacatur of the injunctions pursuant to this Court's March 2, 2016 Opinion and Order. Document filed by The Republic of Argentina. (Attachments: #1 Declaration of Santiago Bausili with Exhibits, #2 Declaration of Matthew Dukes, #3 Exhibit to Dukes Declaration)(Paskin, Michael) |
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Filing 609
ORDER: IT IS HEREBY ORDERED that: Argentina shall identify promptly all series of Exchange Bonds to be paid by BNY Mellon under the Indenture (the "Exchange Bonds Payments"), listing for each series the interest to be paid and the interest per $1000 or euro 1000 (as applicable) principal amount of each series of Exchange Bonds. Upon the fulfillment of the two conditions precedent referenced in the March 2 Order vacating the Injunctions, Argentina is authorized and directed to perform all of its obligations under the Indenture including, without limitation, payment of all fees, expenses and other amounts owed or payable to BNY Mellon thereunder. Upon determination by this Court that the two conditions precedent referenced in the March 2 Order have been met and receipt of the information set forth in the preceding paragraph, BNY Mellon is authorized and directed to distribute amounts received from Argentina, including, without limitation, the funds which Argentina transferred into BNY Mellon's accounts at Banco Central de la Republica Argentina on June 26, 2014, in accordance with the Indenture. The record date for purposes of such payments shall be the fifth Business Day (as defined in the Indenture) after this Court determines that the two conditions precedent referenced in the March 2 Order have been met and the payment date of such amounts shall be no later than 15 days following such record date, as Argentina shall instruct BNY Mellon with no less than three Business Days written notice, and payments shall be made to Holders (as defined in the Indenture) of record as of the close of business on the record date. In accordance with the Indenture, such payments shall be prefunded by 1:00 p.m. local time on the Business Day (as defined in the Indenture) prior to the Payment Date. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 4/19/2016) (kl)
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| Filing 608 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 19, 2016 re: requesting that the Court issue the Proposed Order attached hereto as Exhibit A. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A--Proposed Order)(Paskin, Michael) |
| Filing 607 MANDATE of USCA (Certified Copy) as to #603 Notice of Interlocutory Appeal, filed by NML Capital, Ltd.. USCA Case Number 16-0628(L). Ordered, Adjudged and Decreed that the opinion and Order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/15/2016.(nd) |
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Filing 606
ORDER of USCA (Certified Copy) as to #603 Notice of Interlocutory Appeal, filed by NML Capital, Ltd.. USCA Case Number 16-0628(L). On April 13, 2016, the Court heard oral argument in this consolidated expedited appeal taken from an order of the district court entered March 2, 2016. IT IS HEREBY ORDERED that the order of the district court is affirmed. A further order will follow in due course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/14/2016. (nd)
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Filing 605
ORDER: After signing an Agreement in Principle on February 29, 2016, the Republic of Argentina and the captioned plaintiffs have jointly requested that the court order the settlement payment mechanism outlined in Addendum A. The Republic has signed agreements in principle with many plaintiffs that could result in settlements in various actions before this court. The settlements in all cases in the Argentina debt litigation present the court with extraordinary circumstances because the settlements are "of critical importance to the economic health of a nation." See EM Ltd. v. Republic of Argentina, 131 F. App'x 745, 747 (2d Cir. 2005). Any attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest. See id. (recognizing this court's considerable discretion to deny attachment and restraint of funds "connect[ed] with a restructuring of Argentina's public debt to be accomplished through an issuance of new bonds"); Capital Ventures Int'l v. Republic of Argentina, 443 F.3d 214, 222-23 (2d Cir. 2006) (suggesting that this court could, in "extraordinary circumstances," exercise its discretion to deny attachments that are "against the public interest"); Capital Ventures Int'l v. Republic of Argentina, 652 F.3d 266, 273 (2d Cir. 2011) (again suggesting that this court could deny attachments that might impede a "deal [that] will have a substantial effect on [the Republic's] finances or its ability to access the capital markets"). Accordingly, the court now "so orders" the payment mechanism outlined in Addendum A. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2016) (Attachments: #1 Exhibit)(kl)
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Filing 604
ORDER of USCA (Certified Copy) as to #603 Notice of Interlocutory Appeal, filed by NML Capital, Ltd. USCA Case Number 16-644.Appellants move to stay enforcement of the District Court's March 2, 2016 order pending resolution of the above-captioned appeals. Appellees consent to the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 03/11/2016. Certified: 03/11/2016. (nd)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #603 Notice of Interlocutory Appeal, filed by NML Capital, Ltd. were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #603 Notice of Interlocutory Appeal. (tp) |
| Filing 603 NOTICE OF INTERLOCUTORY APPEAL from #601 Memorandum & Opinion,,,,. Document filed by NML Capital, Ltd.. Filing fee $ 505.00, receipt number 0208-12027768. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Cohen, Robert) |
| Filing 602 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 3, 2016 Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 601
OPINION AND ORDER #106254: The court appreciates the arguments presented by all parties who spoke at yesterday's hearing. And the court does not take lightly the decision to lift the injunctions. But, ultimately, circumstances have changed so significantly as to render the injunctions inequitable and detrimental to the public interest. For the reasons outlined in the Indicative Ruling and this order, the court grants the Republic's motions to vacate the injunctions in all actions upon the occurrence of the two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 3/2/2016) (Attachments: #1 RULE 62.1 INDICATIVE RULING)(kl) Modified on 3/4/2016 (ca).
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| Filing 600 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 2, 2016 re: Further Response to the Letter from the Republic of Argentina dated February 25, 2016. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 3/1/2016 re: (888 in 1:08-cv-06978-TPG) Letter, filed by The Republic of Argentina, (887 in 1:08-cv-06978-TPG) USCA Mandate Attorney Michael B. Mukasey, representing plaintiff EM Limited. Attorney Michael Shuster, representing plaintiffs Montreux and others. Attorney Michael A. Paskin, representing defendant, the Republic of Argentina.Attorney Christopher Clark, representing certain exchange bondholders. Attorneys Robert A. Cohen and Theodore B. Olson, representing plaintiff NML Capital, Ltd. Attorney Edward A. Friedman, representing plaintiffs Aurelius and Blue Angel. Attorney Michael C. Spencer, representing the Varela and other plaintiffs.Attorneys Anthony J. Costantini, Richard L. Levine, Anu Bhargava, Jennifer R. Scullion, P. Sabin Willett, and Jessica J. Sleater, representing certain other plaintiffs. Attorney Eric A. Schaffer, representing Bank of New YorkMellon. Hearing held.in re: requesting entry of an order by the court granting the Republic of Argentinas motions to vacate the injunctions. (See also Mandate (doc. no. 887) issued on February 24, 2016, and letterrequest dated February 25, 2016 (doc. no. 888).) The court reserves decision on all motions. See transcript.(Court Reporter Vincent Bologna) (Landers, Rigoberto) |
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Filing 599
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 3/1/2016 re: request that Your Honor so order this letter directing the clerk's office to take all necessary steps to withdraw Mr. Newman's Declaration from the docket of the above-captioned cases in which it was electronically filed. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 3/1/2016) (kl)
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| ***STRICKEN DOCUMENT. Deleted document number 591 from the case record. The document was stricken from this case pursuant to #599 Endorsed Letter,. (kl) |
| Filing 598 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated February 29, 2016 re: response to submission made by Bank of New York Mellon. Document filed by Euro Bondholders. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibits B - E)(Clark, Christopher) |
| Filing 597 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 29, 2016 re: enclosing Memorandum of Law in Support of Defendant the Republic of Argentina's Motion for the Entry of Final Orders Conditionally Lifting the Pari Passu Injunctions. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1)(Paskin, Michael) |
| Filing 596 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #568 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Attachments: #1 Third Supplemental Declaration of Michael A. Paskin, #2 Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #3 Exhibit 1 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #4 Exhibit 2 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #5 Exhibit 3 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #6 Exhibit 4 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #7 Exhibit 5 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #8 Exhibit 6 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #9 Exhibit 7 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #10 Exhibit 8 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #11 Exhibit 9 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #12 Text of Proposed Order)(Paskin, Michael) |
| Filing 595 DECLARATION of Robert A. Cohen in Opposition re: #587 Letter,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Cohen, Robert) |
| Filing 594 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #587 Letter, . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 593 RESPONSE of The Bank of New York Mellon to Motion of The Republic of Argentina Seeking to Vacate Injunctions. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 592 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated February 29, 2016 re: Letter Motion from M. Paskin dated 2/25/2016 re: Vacatur of Injunction. Document filed by Euro Bondholders. (Attachments: #1 Exhibit A)(Clark, Christopher) |
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Filing 590
ORDER: Certain plaintiffs have requested an adjournment of the hearing presently scheduled for 1:30 p.m. on March 1, 2016. In light of the circumstances underlying this litigation, it is desirable for all parties to know the court's disposition with respect to the injunctions and to arrive at a prompt resolution so that any order may be reviewed by the Court of Appeals. All plaintiffs have had notice of the Republic of Argentina's motion to vacate the injunctions in all cases since February 11, 2016. Many plaintiffs have already submitted voluminous briefs on this issue, both in this court and in the Court of Appeals. And, as outlined in the court's February 25 scheduling order, the parties may file further briefing, if they wish, by noon on February 29, 2016. Before this court issues any formal order on the Republic's motion to vacate, all parties will have had a meaningful opportunity to be heard both orally and in written briefs. The hearing will take place at 1:30 p.m. on March 1, 2016. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/26/2016) (kl)
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| Filing 589 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 2/25/2016 re: Scheduling Order entered February 25, 2016. Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 588
ORDER: On February 19, 2016, this court issued a Rule 62.1 Indicative Ruling. The Court of Appeals remanded the above-captioned actions after hearing argument on February 24, 2016. The Court of Appeals also instructed the Republic of Argentina to file a motion requesting that this court formally enter the Indicative Ruling as an order, giving notice of the motion to all parties, and affording those parties an opportunity to be heard in this court. The Republic of Argentina has now filed such a motion. The court will hear argument on the motion in these actions at 1:30 p.m. on March 1, 2016. Any party wishing to submit further papers may do so by noon on February 29, 2016. SO ORDERED. (Oral Argument set for 3/1/2016 at 01:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/25/2016) (kl)
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| Filing 587 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 25, 2016 re: entry of the Republic's motions and requesting that this Court hold a hearing on the Republic's Motions to Vacate the Injunctions Entered by this Court on November 21, 2012, and October 30, 2015. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Paskin, Michael) |
| Filing 586 MANDATE of USCA (Certified Copy) as to #496 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-1060-cv(L). The Republic of Argentina has moved to dismiss with prejudice all of the appeals consolidated respectively under 15-1060(L) and 15-3675(L) in order to allow the district court, upon motion, to enter the order indicated in its indicative ruling of February 19, 2016. Plaintiffs-appellees in 15-3675(L) have moved to refer certain motions on that docket to this panel. Following review of the parties submissions in support of and opposition to dismissal and referral, as well as oral argument, the motion to refer appellants motion for remand is GRANTED, but that motion for remand is now reviewed as a motion to dismiss with prejudice consistent with Argentinas amendment at argument. The two pending motions to dismiss with prejudice are GRANTED pursuant to the parties agreement, confirmed in open court, as follows: 1. Before the indicative ruling is formally entered as an order, Argentina will file a motion in the district court seeking such relief, giving notice of the motion to all parties, and affording them an opportunity to be heard in the district court. 2. Argentina agrees to a stay of up to two weeks of any district court order formalizing the indicative ruling so that parties opposing the order can file a notice of appeal within two business days and seek a further stay of the order from a motions panel of this court pending appeal. Any such appeals will be consolidated for review by this court, and any party seeking a stay is hereby excused from further requirements of Fed. R. App. P. 8. Jurisdiction over these cases is hereby returned to the district court with the parties agreement to the aforestated conditions, which contemplate that the district court will enter no order formalizing its indicative ruling except on a motion from Argentina, with notice to all parties and an opportunity to be heard, and that any order will be stayed for up to two weeks. All other pending motions on both dockets are hereby DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/24/2016.(nd) Modified on 2/25/2016 (nd). |
| Filing 585 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 19, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Paskin, Michael) |
| Filing 584 REPLY MEMORANDUM OF LAW in Support re: #568 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Attachments: #1 Second Supplemental Declaration of Michael A. Paskin, #2 Supplemental Declaration of Santiago Bausili)(Paskin, Michael) |
| Filing 583 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated February 18, 2016 re: Order to Show Cause signed February 11, 2016. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 582 DECLARATION of Jay Newman in Opposition re: #568 Order to Show Cause,,,,. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 581 DECLARATION of Robert A. Cohen in Opposition re: #568 Order to Show Cause,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1 - 5, #2 Exhibit 6 - 13, #3 Exhibit 14 - 18, #4 Exhibit 19 - 23, #5 Exhibit 24 - 27, #6 Exhibit 28 - 36, #7 Exhibit 37 - 47, #8 Exhibit 48 - 54)(Cohen, Robert) |
| Filing 580 MEMORANDUM OF LAW in Opposition re: #568 Order to Show Cause,,,, . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 579 DECLARATION of Michael A. Paskin in Support re: #568 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael) |
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Filing 578
MEMO ENDORSEMENT on re: (61 in 1:14-cv-08988-TPG) Letter filed by NML Capital, Ltd., (870 in 1:08-cv-06978-TPG) Letter filed by NML Capital, Ltd., (50 in 1:14-cv-08601-TPG) Letter filed by NML Capital, Ltd., (581 in 1:09-cv-01708-TPG) Letter filed by NML Capital, Ltd., (577 in 1:09-cv-01707-TPG) Letter filed by NML Capital, Ltd.. ENDORSEMENT: APPROVED. SO ORDERED. ( Show Cause Response due by 2/18/2016.) (Signed by Judge Thomas P. Griesa on 2/16/2016) (kgo)
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| Filing 577 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated February 13, 2016 re: Order to Show Cause dated 2-11-16. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 576 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 12, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Paskin, Michael) |
| Filing 575 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
| Filing 574 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
| Filing 573 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel) |
| Filing 572 DECLARATION of Santiago Bausili in Support re: #568 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) |
| Filing 571 DECLARATION of Michael A. Paskin in Support re: #568 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael) |
| Filing 570 MEMORANDUM OF LAW in Support re: #568 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
| Filing 569 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
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Filing 568
ORDER TO SHOW CAUSE: It is hereby: ORDERED that Plaintiffs show cause on or before February 18, 2016, why an order should not be entered pursuant to Federal Rules of Civil Procedure 54(b), 60(b)(5) and/or 60(b)(6) vacating the injunction entered in this matter on November 21, 2012, without further action of the Court, upon the occurrence of the following conditions precedent. ORDERED that the Court's electronic filing of this Order by ECF in the above-captioned actions shall be deemed good and sufficient service and notice thereof; and it is further ORDERED that Plaintiffs' papers in response to this Order shall be filed by February 16, 2016, at noon and any reply papers shall be filed by February 18, 2016, at noon. (As further set forth in this Order) Show Cause Response due by 2/16/2016. (Signed by Judge Thomas P. Griesa on 2/11/2016) (Additional attachment(s) added on 2/11/2016: #1 Exhibit 1) (kl) Modified on 2/11/2016 (kko). Modified on 2/11/2016 (kko). Modified on 2/16/2016 (kko).
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Filing 567
ORDER granting #565 Letter Motion for Oral Argument. Oral argument of non-parties respective motions to Quash Subpoenas filed on 10/23/2015 and Plaintiff's Motion to Compel filed on 10/5/2015 is scheduled for December 17, 2015 at 1:30pm. So Ordered. (Signed by Judge Thomas P. Griesa on 11/23/2015) (kl)
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| Set/Reset Hearings: Oral Argument set for 12/17/2015 at 01:30 PM before Judge Thomas P. Griesa. (kl) |
| Filing 566 SEALED DOCUMENT placed in vault.(mps) |
| Filing 565 JOINT LETTER MOTION for Oral Argument on the Banks' respective oppositions to Plaintiffs' Motion to Compel and in support of their respective Motions to Quash addressed to Judge Thomas P. Griesa from Paul B. Carberry dated November 18, 2015. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A., Deutsche Bank AG New York Branch, J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Carberry, Paul) |
| Filing 564 REPLY MEMORANDUM OF LAW in Support re: #541 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas. . Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) |
| Filing 563 REPLY AFFIRMATION of Philippe Zimmerman in Support re: #541 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas.. Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) |
| Filing 562 REPLY MEMORANDUM OF LAW in Support re: #550 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order. . Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) |
| Filing 561 REPLY MEMORANDUM OF LAW in Support re: #545 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order . . Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Carberry, Paul) |
| Filing 560 DECLARATION of Marc G. Farris in Support re: #532 MOTION to Compel DEUTSCHE BANK, JP MORGAN AND BBVA to PRODUCE DOCUMENTS CONCERNING THE BONAR 2024 BONDS .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-18)(Reed, Kevin) |
| Filing 559 REPLY MEMORANDUM OF LAW in Support re: #532 MOTION to Compel DEUTSCHE BANK, JP MORGAN AND BBVA to PRODUCE DOCUMENTS CONCERNING THE BONAR 2024 BONDS . . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 558 LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated November 4, 2015 re: plaintiffs' November 3 reply brief. Document filed by The Republic of Argentina.(Blackman, Jonathan) |
| Filing 557 REPLY MEMORANDUM OF LAW in Support re: #536 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 556 MEMORANDUM OF LAW in Opposition re: #536 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 555 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #536 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibits F-G, #3 Exhibits H-I, #4 Proposed Order)(Blackman, Jonathan) |
| Filing 554 SEALED DOCUMENT placed in vault.(rz) |
| Filing 553 DECLARATION of Andrea Likwornik Weiss in Support re: #550 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Feit, Gregory) |
| Filing 552 DECLARATION of Andrew N. Keen in Support re: #550 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) |
| Filing 551 MEMORANDUM OF LAW in Support re: #550 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order. and in Opposition to Plaintiff's Motion to Compel. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) |
| Filing 550 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Feit, Gregory) |
| Filing 549 MEMORANDUM OF LAW in Support re: #545 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order . and in Opposition to Plaintiffs' Motion to Compel #532 . Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) |
| Filing 548 DECLARATION of Bernardo A. Iriberri in Support re: #545 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order .. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) |
| Filing 547 DECLARATION of Krister Holm in Support re: #545 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order .. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) |
| Filing 546 DECLARATION of Paul B. Carberry in Support re: #545 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order .. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit A)(Caruso, Kenneth) |
| Filing 545 CROSS MOTION to Quash Subpoena served on BBVA., MOTION for Protective Order . Document filed by Banco Bilbao Vizcaya Argentaria, S.A., BBVA Compass Bancshares, Inc., BBVA Securities, Inc..(Caruso, Kenneth) |
| Filing 544 MEMORANDUM OF LAW in Support re: #541 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas. and in Opposition to Plaintiffs' Motion to Compel Production. Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) |
| Filing 543 DECLARATION of Bernardo A. Iriberri in Support re: #541 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas.. Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) |
| Filing 542 DECLARATION of Philippe Zimmerman in Support re: #541 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas.. Document filed by Deutsche Bank AG New York Branch. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zimmerman, Philippe) |
| Filing 541 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas. Document filed by Deutsche Bank AG New York Branch.(Zimmerman, Philippe) |
| Filing 540 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co., Corporate Parent J.P. Morgan Broker-Dealing Holdings Inc. for J.P. Morgan Securities LLC; Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A., JPMorgan Chase & Co., J.P. Morgan Securities LLC.(Feit, Gregory) |
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Filing 539
ORDER: On October 16, 2015, plaintiffs moved for an order deeming that defendant has waived its privileges. As the parties have now agreed, defendant may respond to plaintiffs' motion no later than 2:00p.m. on October 30, 2015. The court will hear argument at 11:45 a.m. on November 5, 2015. (Responses due by 10/30/2015, Oral Argument set for 11/5/2015 at 11:45 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/20/2015) (kl)
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| Filing 538 DECLARATION of Collin F. Hessney in Support re: #536 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Cohen, Robert) |
| Filing 537 MEMORANDUM OF LAW in Support re: #536 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 536 MOTION For An Order Deeming That Argentina Has Waived Its Privileges. . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Cohen, Robert) |
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Filing 535
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated 10/9/2015 re: request that the Court so-order the proposed schedule. ENDORSEMENT: APPROVED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/13/2015) (kl)
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| Filing 534 DECLARATION of MARC G. FARRIS in Support re: #532 MOTION to Compel DEUTSCHE BANK, JP MORGAN AND BBVA to PRODUCE DOCUMENTS CONCERNING THE BONAR 2024 BONDS .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6 (Part 1), #3 Exhibit 6 (Part 2), #4 Exhibit 7-18, #5 Exhibit 19-24, #6 Exhibit 25-30, #7 Exhibit 31, #8 Exhibit 32-41, #9 Exhibit 42)(Reed, Kevin) |
| Filing 533 MEMORANDUM OF LAW in Support re: #532 MOTION to Compel DEUTSCHE BANK, JP MORGAN AND BBVA to PRODUCE DOCUMENTS CONCERNING THE BONAR 2024 BONDS . . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 532 MOTION to Compel DEUTSCHE BANK, JP MORGAN AND BBVA to PRODUCE DOCUMENTS CONCERNING THE BONAR 2024 BONDS . Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 531 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated August 20, 2015 re: privilege log issues. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 530 ANSWER to #521 Amended Complaint,. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 529 NOTICE OF CHANGE OF ADDRESS by Andrea Likwornik Weiss on behalf of JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Weiss, Andrea) |
| Filing 528 NOTICE OF CHANGE OF ADDRESS by Howard B. Levi on behalf of JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Levi, Howard) |
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Filing 527
ORDER terminating #508 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl)
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| Filing 526 DECLARATION of Robert A. Cohen in Support re: #508 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Cohen, Robert) |
| Filing 525 REPLY MEMORANDUM OF LAW in Support re: #508 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 524 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 31, 2015 re: agreed to extension of time to August 27, 2015 for the Republic to answer amended complaint, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 523
ORDER: A hearing on plaintiffs' motions for discovery sanctions is hereby scheduled for August 12, 2015 at 2:00pm. (Discovery Hearing set for 8/12/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/30/2015) (spo)
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| Filing 522 SEALED DOCUMENT placed in vault.(mps) |
| Filing 521 SECOND AMENDED COMPLAINT amending #194 Amended Complaint against The Republic of Argentina.Document filed by NML Capital, Ltd.. Related document: #194 Amended Complaint filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Cohen, Robert) |
| Filing 520 MEMORANDUM OF LAW in Opposition re: #508 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 519 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #508 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibit G, #4 Exhibits H-M, #5 Exhibits N-O, #6 Exhibits P-R)(Blackman, Jonathan) |
| Filing 518 LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated July 17, 2015 re: Motions for Discovery Sanctions. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) |
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Filing 517
ORDER granting #498 Motion to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. Plaintiffs in these actions have filed motions for leave to amend and supplement their complaints. The court hereby grants the motions in light of the liberal standard for amending and supplementing the pleadings. See Federal R. Civ. P. 15(a)(2) and (d). The amendments are not brought in bad faith or unduly delayed, and they would not be unduly prejudicial or futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). (Signed by Judge Thomas P. Griesa on 7/16/2015) (kl)
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Filing 516
ORDER: On July 6, 2015 and July 8, 2015, non-parties Deutsche Bank, Fintech Advisory, Inc., and others wrote letters to the court requesting a pre-motion discovery conference pursuant to Rule 2(A) of the undersigned's individual rules of practice and Local Civil Rule 37.2. The court hereby waives the requirement for a pre-motion discovery conference. The non-parties may file their discovery motions, and the court will consider the matters raised in due course. (Signed by Judge Thomas P. Griesa on 7/14/2015) (kl)
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| Filing 515 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 514 LETTER addressed to Judge Thomas P. Griesa from Philippe Zimmerman dated July 6, 2015 re: Pre-Motion Letter. Document filed by Deutsche Bank AG New York Branch. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zimmerman, Philippe) |
| Filing 513 NOTICE OF APPEARANCE by Shari Ann Alexander on behalf of Deutsche Bank AG New York Branch. (Alexander, Shari) |
| Filing 512 NOTICE OF APPEARANCE by Philippe Alain Zimmerman on behalf of Deutsche Bank AG New York Branch. (Zimmerman, Philippe) |
| Filing 511 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 510 DECLARATION of Robert A. Cohen in Support re: #508 MOTION for Sanctions .. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A-I)(Cohen, Robert) |
| Filing 509 MEMORANDUM OF LAW in Support re: #508 MOTION for Sanctions . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 508 MOTION for Sanctions . Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 507 DECLARATION of Marc G. Farris in Support re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cohen, Robert) |
| Filing 506 REPLY MEMORANDUM OF LAW in Support re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 505 MEMORANDUM OF LAW in Opposition re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. dated May 29, 2015 (REDACTED). Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 504 SEALED DOCUMENT placed in vault.(rz) |
| Filing 503 DECLARATION of Elizabeth M. Hanly in Opposition re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-C)(Boccuzzi, Carmine) |
| Filing 502 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated May 28, 2015 re: Facilitation of Settlement. Document filed by Euro Bondholders. (Attachments: #1 Exhibit --Exhibits A-C)(Clark, Christopher) |
| Filing 501 DECLARATION of Robert A. Cohen in Support re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-15, #3 Exhibit 16 Part 1 of 2, #4 Exhibit 16 Part 2 of 2, #5 Exhibit 17-31, #6 Exhibit 32-50)(Cohen, Robert) |
| Filing 500 DECLARATION of Kevin S. Reed in Support re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 499 MEMORANDUM OF LAW in Support re: #498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 498 MOTION to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 497 MANDATE of USCA (Certified Copy) as to #447 Notice of Appeal filed by The Republic of Argentina. The Appellees move to dismiss these appeals for lack of jurisdiction. Upon due consideration, it is hereby ORDERED that Appellees' motions are GRANTED and the appeals are DISMISSED. We conclude that a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291, and the collateral order doctrine does not apply to this appeal. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467-69 (1978); Blue Ridge Investments, L.L.C. v. Republic of Argentina,735 F.3d 72, 80-81 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/28/2015. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #496 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #496 Notice of Appeal. (tp) |
| Filing 496 NOTICE OF APPEAL from #487 Memorandum & Opinion,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10784594. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 495 LETTER addressed to Judge Thomas P. Griesa dated March 25, 2015 Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Cohen, Robert) |
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Filing 494
ORDER: It is hereby ORDERED that: Absent further order of this Court or confirmation that a Ratable Payment has been or is being made in compliance with the Amended February 23, 2012 Orders of the Court (the "Injunction"), Euroclear will not process any payments received from any source, including but not limited to Nacion Fideicomisos S.A. and Caja de Valores, in respect of any bonds subject to the Injunction, and will hold any such payments in suspension pending a ruling from this Court on their proper disposition, and; Before any bonds subject to the Injunction and held by Euroclear or a Euroclear depositary or nominee are transferred from Euroclear or a Euroclear depositary or nominee, or the custodial location of such bonds is changed, Euroclear shall provide notice of the proposed transfer, including but not limited to the date of the proposed transfer, the identity of the proposed transferee and other particulars regarding the transfer that are known to Euroclear, to Plaintiffs' counsel at least thirty days in advance of the proposed transfer, except that if it is not reasonably practicable for Euroclear to provide such notice at least thirty days in advance through no fault of Euroclear, Euroclear will provide the notice as soon as reasonably practicable. Should Euroclear violate the terms of this Order, Plaintiffs shall be free to compel prompt compliance with the above-referenced Subpoenas, and to seek any other just and proper relief against Euroclear as to which they may be entitled, subject to any and all rights or defenses Euroclear may have. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/25/2015) (kl)
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Filing 493
STIPULATION AND ORDER: It is hereby STIPULATED and AGREED: Citibank waives and foregoes any and all (i) rights of appeal with respect to the Court's July 28, 2014 Order, March 12, 2015 Opinion and Order, and March 16, 2015 Order; and (ii) rights to seek a stay, without the consent of plaintiffs in the above-captioned actions ("Plaintiffs"), from any court with respect to any part of the July 28, 2014 Order, the March 12, 2015 Opinion and Order, or the Injunction. The U.S. Dollar Argentine Law Exchange Bonds bear International Security Identification Numbers ("ISINs") ARARGE03E097, ARARGE03E113, ARARGE03G704, ARARGE03G688, and ARARGE03E154. If the Republic of Argentina (the "Republic") pays some or all of the March 31, 2015 interest payment on the U.S. Dollar Argentine Law Exchange Bonds with ISINs ARARGE03E097 and ARARGE03G704, without making a Ratable Payment as defined in the Injunction, and Citibank Argentina receives a portion of such payment on behalf of its customers (approximately $3.7 million), Citibank Argentina may process that payment in the ordinary course. Such permission shall only apply to Citibank Argentina, and shall not apply to any other party or participant in the payment process on such bonds. Citibank Argentina shall, no later than March 27, 20I5, provide to customers whose holdings account for at least 85% of the U.S. Dollar Argentine Law Exchange Bonds being held in custody by Citibank Argentina as of March 20, 2015 whatever notice may be required to terminate Citibank Argentina's custody relationship with such customers. By June 1, 2015, Citibank Argentina shall have either (1) reached an agreement with all customers whose holdings as of March 20, 2015 include U.S. Dollar Argentine Law Exchange Bonds to amend the terms of their custody agreements to exclude U.S. Dollar Argentine Law Exchange Bonds from the scope of Citibank Argentina's custody services, (2) sent termination notices to any such customers who have refused to amend the terms of their custody agreements, such that the required notice period for termination shall have expired prior to September 30, 2015, or (3) with respect to any such customers who have not agreed to amend the terms of their custody agreements and have not been sent termination notices, entered into an agreement in principle with one or more buyers to sell those portions of Citibank Argentina's custody business that include such customers' accounts (the "June 1 Requirement"), as further set forth herein. (Signed by Judge Thomas P. Griesa on 3/20/2015) (mro)
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| Filing 492 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 17, 2015 re: response to Anthony J. Costantini's March 6, 2015 letter to the Court. Document filed by Euro Bondholders.(Clark, Christopher) |
| Filing 491 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 17, 2015 re: Request for Conference. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Wagner, Karen) |
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Filing 490
ORDER: Citibank, N.A. has written the court requesting a stay of the court's opinion and order of March 12, 2015. The March 12th Opinion and Order upheld an earlier order which clarified that the injunction issued in this case prohibits Citibank from processing payments on the dollar-denominated exchange bonds governed by Argentine law. The court has received plaintiff's response to Citibank's request, and has also received additional submissions from both sides. Having considered all the arguments, and having also considered all factors pertinent to obtaining a stay, the court does not believe that a stay of the March 12th Opinion and Order is warranted. Therefore, Citibank's request for a stay of the March 12th Opinion and Order is hereby denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/16/2015) (kl)
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| Filing 489 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 13, 2015 re: Response to Plaintiffs' Letter dated 3/13/2015. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Wagner, Karen) |
| Filing 488 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 12, 2015 re: Request a Stay of the Enforcement of the Opinion and Order Entered 3/12/2015. Document filed by Citibank, N.A.. (Attachments: #1 Text of Proposed Order (Proposed Order))(Wagner, Karen) |
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Filing 487
OPINION #105312: Citibank and the Republic have advanced three primary arguments in support of vacating the July 28th Order: (1) the exchange bonds governed by Argentine law should not be subject to the Injunction because they are not 5 "external indebtedness" of the Republic; (2) Citibank's Argentine branch should not be considered a "participant in the payment process" and therefore its dealings in Argentina should not implicate the Injunction; and (3) principles of comity weigh in favor of vacating the July 28th Order. As discussed, the operative paragraphs of the Injunction do not speak in terms of "external indebtedness," and as a result, Citibanks participation in making payments on exchange bonds is prohibited. This is true whether or not the exchange bonds are external indebtedness. Thus, payment on these exchange bonds would violate the Equal Treatment Provision of the FAA, providing an additional reason as to why the Injunction applies. Citibank is not an exchange bondholder, but rather a financial institution that processes payments initiated by the Republic and intended for and terminating with exchange bondholders. To rule otherwise, this court would have to adopt an overly narrow and technical reading of the term "participants," one at odds with the clear language of the Injunction and at odds with the court's intent in fashioning that Injunction. Comity does not suggest abrogating those judgments, or creating exceptions to the Injunction designed to enforce them. Rather, comity suggests that the Republic not penalize third parties, like Citibank, who must observe the orders of United States courts. For the reasons given above, the court denies Citibank's motion, by order to show cause, to vacate the July 28th Order. (Signed by Judge Thomas P. Griesa on 3/12/2015) (kl) Modified on 3/13/2015 (ca).
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| Filing 486 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 6, 2015 re: March 3, 2015 Hearing before the Court. Document filed by Citibank, N.A.. (Attachments: #1 Appendix A, #2 Appendix B)(Wagner, Karen) |
| Filing 485 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 3, 2015 re: Proposal Regarding Holdout Claims. Document filed by Euro Bondholders.(Clark, Christopher) |
| Filing 484 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 3, 2015 re: Update on Judgment in English Proceeding. Document filed by Euro Bondholders.(Clark, Christopher) |
| Filing 483 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated March 2, 2015 re: In response to Plaintiffs' Letter of February 26, 2015, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 482 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated 3/2/15 re: on behalf of Citibank in advance of tomorrow's hearing to respond to the points raised in Plaintiffs' letter of February 26, 2015, as well as the new arguments they made in their supplemental brief. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
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Filing 480
ORDER TO SHOW CAUSE: LET NON-PARTIES DEUTSCHE BANKAG, DEUTSCHE BANK AMERICA HOLDING CORP., DEUTSCHE BANK SECURITIES INC., DEUTSCHE BANK TRUST COMPANY AMERICA AND TAUNUS CORPORATION (COLLECTIVELY "DB") AND JPMORGAN CHASE & CO. AND JPMORGAN CHASE BANK, N.A. (COLLECTIVELY "JPMC") SHOW CAUSE, before Judge Thomas P. Griesa, room 26B, at the United States Courthouse located at 500 Pearl Street, New York, on the 25th day of February at 4:00 p.m., or as soon thereafter as counsel may be heard, why an order should not be made and entered as follows: 1. Requiring non-parties DB and JPMC to: (a) immediately produce to NML's counsel any and all readily available documents responsive to the subpoenas served by NML Capital, Ltd. ("NML") on DB and JMPC on February 9, 2015 (the "Subpoenas") seeking information about the imminent issuance by the Republic of Argentina ("Argentina") of approximately $2.0 billion in Bonar 2024 bonds (the "Bonar 2024s") but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00 pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. 2. And for such other and further relief as this Court may deem, just, proper and necessary under the circumstances. SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED that email service of this Order to Show Cause, and the papers upon which it is based, upon counsel for DB, Moses & Singer LLP, attention: Philippe Zimmerman and counsel for JPMC, Levi Lubarsky & Feigenbaum LLP, attention: Andrea Likwornik Weiss, Esq., on or before the 4:00 pm on February 25, 2015, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
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Filing 481
ORDER: IT IS, THEREFORE, HEREBY ORDERED: THAT DB and JPMC shall: (a) immediately produce to NML's counsel any and all readily available documents responsive to the Subpoenas but, in any event, documents sufficient to describe the flow of funds with respect to the Bonar 2024s from DB and JPMC to Argentina; and (b) produce by Noon on February 26, 2015 to NML's counsel all remaining documents in their possession, custody and control responsive to the Subpoenas by email or hand delivery; and (c) produce a witness or witnesses for a deposition at 3:00pm on February 26, 2015 at the offices of Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York 10010 to testify as to all topics identified in the Subpoenas. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/25/2015) (ajs)
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Filing 479
IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned See attached caption list. The date for which such authorization is provided is March 3, 2015. 1. Robert A. Cohen - iPhone, iPad. 2. Matthew McGill - iPhone and laptop computer. 3. Christopher Leach - iPhone and laptop computer. 4. Daniel Rapport - Cell Phone. 5. Edward Friedman - Cell Phone. 6. Marc G. Farris - iPhone, laptop computer. 7. Kevin Reed - iPhone. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/24/2015) (ajs)
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| Filing 478 DECLARATION of Charles E. Enloe in Opposition re: #416 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-11, #3 Exhibit 12 (part 1), #4 Exhibit 12 (part 2), #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 16-17, #9 Exhibit 18 - 19 (part 1), #10 Exhibit 19 (part 2) - 20, #11 Exhibit 21, #12 Exhibit 22-23, #13 Exhibit 24-33, #14 Exhibit 34 (part 1), #15 Exhibit 34 (part 2), #16 Exhibit 34 (part 3), #17 Exhibit 35 (part 1), #18 Exhibit 35 (part 2), #19 Exhibit 35 (part 3), #20 Exhibit 36 (part 1), #21 Exhibit 36 (part 2), #22 Exhibit 37-39, #23 Exhibit 40-59, #24 Exhibit 60-62, #25 Exhibit 63-75, #26 Exhibit 76 (part 1), #27 Exhibit 76 (part 2), #28 Exhibit 77-85, #29 Exhibit 86-88, #30 Exhibit 89-91, #31 Exhibit 92, #32 Exhibit 93 (part 1), #33 Exhibit 93 (part 2) - 98, #34 Exhibit 99, #35 Exhibit 100, #36 Exhibit 101-105, #37 Exhibit 106-109, #38 Exhibit 110-114)(McGill, Matthew) |
| Filing 477 NOTICE OF APPEARANCE by Denis J. McInerney on behalf of Citibank, N.A.. (McInerney, Denis) |
| Filing 476 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #416 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by NML Capital, Ltd.. (McGill, Matthew) |
| Filing 475 MEMORANDUM OF LAW in Support re: #416 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 474 DECLARATION of Kristin A. Bresnahan, dated February 17, 2015 re: #416 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-B, #2 Exhibits C-D, #3 Exhibits E-G, #4 Exhibits H-I, #5 Exhibit J (Part 1), #6 Exhibit J (Part 2), #7 Exhibit J (Part 3), #8 Exhibits K-L, #9 Exhibits M-N, #10 Exhibits O-P, #11 Exhibit Q (Part 1), #12 Exhibit Q (Part 2), #13 Exhibit R (Part 1), #14 Exhibit R (Part 2), #15 Exhibits S-T, #16 Exhibit U, #17 Exhibit V, #18 Exhibits W-X, #19 Exhibit Y (Part 1), #20 Exhibit Y (Part 2), #21 Exhibit Z, #22 Exhibits AA-BB, #23 Exhibit CC, #24 Exhibits DD-EE, #25 Exhibit FF, #26 Exhibits GG-HH, #27 Exhibits II-KK, #28 Exhibits LL-NN, #29 Exhibit OO, #30 Exhibits PP-QQ, #31 Exhibits RR-TT, #32 Exhibits UU-XX, #33 Exhibit YY, #34 Exhibit ZZ (Part 1), #35 Exhibit ZZ (Part 2), #36 Exhibit AAA, #37 Exhibit BBB (Part 1), #38 Exhibit BBB (Part 2), #39 Exhibits CCC-FFF, #40 Exhibits GGG-HHH, #41 Exhibits III-LLL)(Boccuzzi, Carmine) |
| Filing 473 DECLARATION of Juan Duggan in Support re: #466 Order,. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K-1, #15 Exhibit K-2, #16 Exhibit K-3, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Exhibit Q, #23 Exhibit R, #24 Exhibit S-1, #25 Exhibit S-2, #26 Exhibit T, #27 Exhibit U-1, #28 Exhibit U-2, #29 Exhibit U-3, #30 Exhibit U-4, #31 Exhibit U-5, #32 Exhibit V)(Wagner, Karen) |
| Filing 472 DECLARATION of Federico Elewaut in Support re: #466 Order,. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 471 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #466 Order, . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 470 NOTICE OF APPEARANCE by Craig Thomas Cagney on behalf of Citibank, N.A.. (Cagney, Craig) |
| Filing 469 MEMORANDUM OF LAW of Amicus Curiae The Clearing House Association L.L.C. in Support of Non-Party Citibank, N.A.. Document filed by The Clearing House Association L.L.C.. (Neuhaus, Joseph) |
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Filing 468
ORDER: On February 9, 2015, The Clearing House Association L.L.C. filed a motion requesting leave to submit a brief, as amicus curiae, on whether the Amended February 23, 2012 Injunction should apply to Citibank, N.A. and its processing of payments on certain bonds known as the Argentine Law Bonds. The motion is granted. The court accepts The Clearing House Association L.L.C.'s brief as amicus curiae. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/11/2015) (ajs)
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| Filing 467 NOTICE OF APPEARANCE by Michael S. Flynn on behalf of Citibank, N.A.. (Flynn, Michael) |
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Filing 466
ORDER: Supplemental briefs on the order to show cause listed as document number 669 in case number 08-CV-6978 are currently due on February 16, 2015 at 2:00 PM. Because that day is a federal holiday, the deadline is extended until February 17, 2015 at 2:00 PM. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/9/2015) (ajs)
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Filing 465
STIPULATION AND ORDER: It is hereby STIPULATED AND AGREED by counsel for Plaintiffs and for Euroclear, and ORDERED by the Court, that Euroclear shall produce the following documents to Plaintiffs, on or before February 10, 2015, to the extent they are in its possession, custody, or control (all capitalized terms have the meanings given to them by the Subpoena), as set forth within. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/20/2015) (ajs)
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| Filing 464 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated January 20, 2015 Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Cohen, Robert) |
| Filing 463 MEMO ENDORSEMENT on re: (465 in 1:09-cv-01708-TPG) Letter filed by JPMorgan Chase Bank, N.A., (415 in 1:10-cv-01602-TPG) Letter filed by JPMorgan Chase Bank, N.A., (220 in 1:10-cv-05338-TPG) Letter filed by JPMorgan Chase Bank, N.A., (395 in 1:10-cv-04782-TPG) Letter filed by JPMorgan Chase Bank, N.A., (537 in 1:09-cv-08757-TPG) Letter filed by JPMorgan Chase Bank, N.A., (389 in 1:10-cv-03970-TPG) Letter filed by JPMorgan Chase Bank, N.A., (416 in 1:10-cv-04101-TPG) Letter filed by JPMorgan Chase Bank, N.A., (392 in 1:10-cv-03507-TPG) Letter filed by JPMorgan Chase Bank, N.A., (532 in 1:09-cv-10620-TPG) Letter filed by JPMorgan Chase Bank, N.A., (202 in 1:10-cv-09587-TPG) Letter filed by JPMorgan Chase Bank, N.A., (462 in 1:09-cv-01707-TPG) Letter filed by JPMorgan Chase Bank, N.A., (391 in 1:10-cv-08339-TPG) Letter filed by JPMorgan Chase Bank, N.A., (730 in 1:08-cv-06978-TPG) Letter filed by JPMorgan Chase Bank, N.A., re: Withdrawal of counsel. ENDORSEMENT: Approved. Attorney Alan Howard Scheiner terminated. (Signed by Judge Thomas P. Griesa on 1/16/2015) (ajs) |
| Filing 462 LETTER addressed to Judge Thomas P. Griesa from Alan H. Scheiner dated 1/15/2015 re: Withdrawal. Document filed by JPMorgan Chase Bank, N.A..(Scheiner, Alan) |
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Filing 461
ORDER: On November 10, 2014, the court, inter alia, deferred the hearing scheduled on the order to show cause listed as document number 669 in case number 08-CV-6978. The court now directs that: (1) the hearing on this matter be held on March 3, 2015 at 2:00 PM; and (2) the parties and non-party Citibank, N.A. shall file supplemental briefs, if any, by February 16, 2015 at 2:00 PM. SO ORDERED. (Show Cause Hearing set for 3/3/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/6/2015) (ajs)
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| Filing 460 MANDATE of USCA (Certified Copy) as to #302 Notice of Appeal filed by The Republic of Argentina USCA Case Number 13-4109(con). Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/23/2014. (nd) |
| Filing 459 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 23, 2014 re: Reply to the November 6, 2014 letter from Carmine Boccuzzi, on behalf of the Republic. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 458 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 8, 2014 re: providing a copy of a letter sent to Thomas Hibbert, English counsel. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Cohen, Robert) |
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Filing 457
ORDER: Pending before the Court is the fully briefed June 29, 2014 "Emergency Motion for Clarification" filed by the non-party "Euro Bondholders" (as defined in the "Notice of Emergency Motion for Clarification"), seeking an order concerning the Court's Amended February 23, 2012 Order, dated November 21, 2012 (the "Injunction"). Specifically, the Euro Bondholders ask for an order clarifying that the Injunction does not apply to certain third parties that process payments on Exchange Bonds, as defined in the Injunction. The Court declines to grant the requested order. To do so would start making important exceptions to the basic ruling and Injunction, which was issued by the Court and affirmed by the Court of Appeals for the Second Circuit. Motion denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/25/2014) (ajs)
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| Filing 456 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 25, 2014 re: response to the November 22, 2014 letter from Plaintiff NML Capital Ltd. (Dkt. #721). Document filed by Euro Bondholders.(Clark, Christopher) |
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Filing 455
ORDER RE: JPMCB (US DOLLAR DENOMINATED, ARGENTINE LAW BONDS): IT IS HEREBY ORDERED that: 1. JPMCB is allowed to effectuate the December 31, 2014 Interest Payment in respect of the U.S. Dollar-denominated Bonds by transferring the funds received in respect of that payment whether or not received from Citibank or a Downstream Recipient. 2. Any other person or entity in the payment chain of the December 31, 2014 Interest Payment on the U.S. Dollar-denominated Bonds, to and including the holders of beneficial interests, that receives a portion of the funds constituting the December 31, 2014 Interest Payment is permitted to transfer such funds. This permission applies only to payments due December 31, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E113 and ARARGE03G688. (See Order.) (Signed by Judge Thomas P. Griesa on 11/24/2014) (ajs)
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| Filing 454 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated November 22, 2014 re: Emergency Motion for Clarification filed by the Euro Bondholders. Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Cohen, Robert) |
| Filing 453 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 19, 2014 re: response to the letter dated November 6, 2014 filed by counsel to the Republic of Argentina. Document filed by Euro Bondholders.(Clark, Christopher) |
| Filing 452 LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 11/19/2014 re: Proposed Order. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Weiss, Andrea) |
| Filing 451 MANDATE of USCA (Certified Copy) as to #405 Notice of Appeal filed by The Republic of Argentina, #397 Notice of Appeal filed by Euro Bondholders USCA Case Number 14-2922 (L). The Republic of Argentina, Euro Bondholders, and Fintech Advisory, Inc., appeal from the August 6, 2014 order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) clarifying that the Bank of New York Mellon ("BNY") was not in violation of the District Courts Amended February 23, 2012 Order. We conclude that this Court lacks jurisdiction because the Order appealed from is a clarification, not a modification, of the Amended February 23, 2012 Order. See Weight Watchers Int'l, Inc. v. Luigino's, Inc., 423 F.3d 137, 141 (2d Cir. 2005) ("An order reconsidering or interpreting a preliminary injunction... is not appealable."). The injunction, as issued, already prohibited BNY from assisting Argentina in evading its terms, and the Orders language concerning BNY's liability does not enjoin third parties, such as Euro Bondholders or Fintech, from bringing suit against BNY. Accordingly, the Order neither expands nor modifies the existing injunction. It is hereby ORDERED that the above appeals are CONSOLIDATED and DISMISSED for lack of jurisdiction. The motions to expedite, to enter certain briefing schedules, and to intervene are DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/17/2014. (nd) |
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Filing 450
ORDER: The Court will further defer the hearing on Citibank's September 22, 2014 motion by order to show cause to vacate the Court's July 28, 2014 order or to modify the injunction contained in that order, or for a stay of that Order (the "Motion") now scheduled for December 9, 2014, and will defer the date for briefs (now scheduled for November 21, 2014), to dates to be set after January 1, 2015, and will allow Citibank to process the December 31, 2014 interest payment, approximately $85 million, that it receives on the U.S. Dollar denominated Argentine law bonds, ISINs ARARGE03E113 and ARARGE03G688, and will further allow Citibank's downstream recipients to receive and process their respective portions of such payment. In the interim, it is the Court's direction that the parties and non-parties served with discovery related to the Motion cooperate in the production of relevant documents and information, so that the Court will have the benefit of a complete and accurate record in resolving the Motion. (Signed by Judge Thomas P. Griesa on 11/10/2014) (tn)
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| Filing 449 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 7, 2014 re: notification pursuant to November 6, 2014 order in Knighthead Master Fund LP v. The Bank of New York Mellon (2014). Document filed by Euro Bondholders.(Clark, Christopher) |
| Filing 448 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated November 6, 2014 re: response to Robert Cohen's October 8th letter, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (706 in 1:08-cv-06978-TPG) Notice of Appeal, (377 in 1:10-cv-08339-TPG) Notice of Appeal, (523 in 1:09-cv-08757-TPG) Notice of Appeal, (378 in 1:10-cv-03507-TPG) Notice of Appeal, (449 in 1:09-cv-01708-TPG) Notice of Appeal, (400 in 1:10-cv-01602-TPG) Notice of Appeal, (517 in 1:09-cv-10620-TPG) Notice of Appeal, (447 in 1:09-cv-01707-TPG) Notice of Appeal, (375 in 1:10-cv-03970-TPG) Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #447 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 447 NOTICE OF APPEAL from #438 Order,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10273457. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 446
AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: To further facilitate settlement of litigation in re: Argentina Debt Litigation, the court hereby grants the Special Master, Daniel A. Pollack, previously appointed to conduct and preside over settlement negotiations in the above-captioned cases, with authority, in his sole discretion and at a time or times to be determined by him, to add to those cases some or all of such additional cases as are pending before this court in this matter. In recognition of the complexities created by adding such additional cases, the court hereby confirms that the Special Master shall have broad authority to structure the arrangements for such negotiations, as between and among the plaintiffs, as he shall determine in his sole discretion best suited to effect settlement of litigation with the defendant, the Republic of Argentina. In all other respects the Order of Appointment of June 23, 2014 is hereby reaffirmed and re-issued. Daniel A. Pollack appointed Special Master. (Signed by Judge Thomas P. Griesa on 11/3/2014) (tro) Modified on 11/3/2014 (tro).
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| Filing 445 MANDATE of USCA (Certified Copy) as to #376 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2648. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/31/2014. (nd) |
| Filing 444 MANDATE of USCA (Certified Copy) as to #404 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3406. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2014. (nd) |
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Filing 443
ORDER: The hearing on the order to show cause listed as document number 669 in civil case number 08-CV -6978 is hereby adjourned until December 9, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/24/2014) (ajs)
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Filing 442
STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/24/2014) (ajs)
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| Transmission of USCA Mandate/Order to the District Judge re: #441 USCA Mandate. (tp) |
| Filing 441 MANDATE of USCA (Certified Copy) as to #403 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3395. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/23/2014. (tp) |
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Filing 440
ORDER: The court directs that: (1) the parties and non-party Citibank, N.A. file supplemental briefs, if any, on the order to show cause listed as document number 669 in this case by November 21, 2014; and (2) that a hearing be held on the matter on December 2, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/22/2014) (ajs)
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| Filing 439 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated 10/17/2014 re: Requesting that the Court Establish a Schedule for a Hearing. Document filed by Citibank, N.A..(Wagner, Karen) |
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Filing 438
AMENDED AND SUPPLEMENTAL ORDER: On September 29, 2014, pursuant to an order to show cause, the court held a hearing, at the conclusion of which it found that the Republic of Argentina was in civil contempt of court. The reasons for this finding were stated on the record. The court now reaffirms this finding, and incorporates it by reference in this order. Pursuant to Local Civil Rule 83.6(c), a finding of contempt should include a statement of conditions the performance of which will operate to purge the contempt. The court believes that it is clear what such conditions are. The Republic of Argentina will need to reverse entirely the steps which it has taken constituting the contempt, including, but not limited to, re-affirming the role of The Bank of New York Mellon as the indenture trustee and withdrawing any purported authorization of Nacion Fideicomisos, S.A. to act as the indenture trustee, and complying completely with the February 23, 2012 injunction. The current order amends and supplements the order of September 29, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/3/2014) (ajs)
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Filing 437
MEMO ENDORSEMENT on PROPOSED ORDER HOLDING DEFENDANT THE REPUBLIC OF ARGENTINA IN CIVIL CONTEMPT. ENDORSEMENT: Not signed. (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs)
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Filing 436
ORDER RE: JPMCB (US DOLLAR DENOMINATED ARGENTINE LAW BOND): As set forth within it is hereby ORDERED that: 1. JPMCB is allowed to effectuate the September 30, 2014 Interest Payment in respect of the U.S. Dollar-denominated Bonds by transferring the funds received in respect of that payment whether or not received from Citibank or a Downstream Recipient. 2. Any other person or entity in the payment chain of the September 30, 2014 Interest Payment on the U.S. Dollar-denominated Bonds, to and including the holders of beneficial interests, that receives a portion of the funds constituting the September 30, 2014 Interest Payment is permitted to transfer such funds. This permission applies only to payments due September 30, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E097 and ARARGE03G704. (See Order.) (Signed by Judge Thomas P. Griesa on 10/1/2014) (ajs)
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| Filing 435 LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 09/30/2014 re: Proposed Order. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Weiss, Andrea) |
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Filing 434
ORDER: On September 24, 2014, plaintiffs moved by order to show cause to hold the Republic of Argentina in civil contempt of court for violating the Amended February 23, 2012 order. For the reasons given at the hearing today, the court holds that Argentina is in civil contempt of court. The court will reserve decision on the issue of sanctions for further briefing. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/29/2014) (ajs)
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| Filing 433 REPLY MEMORANDUM OF LAW in Support re: #423 Order to Show Cause,, . Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 432 MEMORANDUM OF LAW in Opposition re: #423 Order to Show Cause,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 431 DECLARATION of Carmine D. Boccuzzi, dated September 29, 2014 in Opposition re: #423 Order to Show Cause,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A - K, #2 Exhibits L - O)(Boccuzzi, Carmine) |
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Filing 430
ORDER: At the request of Plaintiffs, in order to allow the parties and non-party Citibank, N.A. the time necessary to present a sufficient record and legal argument to resolve the issues presented by Citibank, N.A.'s September 23, 2014 motion by order to show cause to vacate the Court's July 28, 2014 order, or to modify the injunction contained in that Order, or for a stay of that order ("the Motion"), the Court will defer the hearing on the Motion scheduled for September 26, 2014, and enlarge the briefing schedule, to dates to be set, and will allow Citibank to process the September 30, 2014 interest payment (approximately $5 million) that it receives on the U.S. Dollar- denominated, Argentine law bonds, ISIN ARARGE03E097 and ARARGE03G704, and will further allow Citibank's downstream recipients to receive and process their respective portions of such payment. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/26/2014) (ja)
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| Filing 429 DECLARATION of Christopher B. Leach in Opposition re: #416 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(McGill, Matthew) |
| Filing 428 DECLARATION of Ronald Mann in Opposition re: #416 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by NML Capital, Ltd.. (McGill, Matthew) |
| Filing 427 MEMORANDUM OF LAW in Opposition re: #416 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by NML Capital, Ltd.. (McGill, Matthew) |
| Filing 426 LETTER addressed to Judge Thomas P. Griesa from John M. Vassos dated September 25, 2014 re: requesting clarification of Clearstream Banking S.A.'s duties under the Court's orders. Document filed by Clearstream Banking S.A..(Vassos, John) |
| Filing 425 DECLARATION of Robert A. Cohen in Support re: #423 Order to Show Cause,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47)(Cohen, Robert) |
| Filing 424 MEMORANDUM OF LAW in Support re: #423 Order to Show Cause,, . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 423
ORDER TO SHOW CAUSE: ORDERED, that the Defendant show cause, before the Honorable Thomas P. Griesa, at the United States Courthouse located at 500 Pearl Street, New York, New York, Room 26B, on September 26, 2014 at 2:00p.m., or as soon thereafter as counsel may be heard, why an order should not be entered, And as set forth herein. Show Cause Hearing set for 9/26/2014 at 02:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 9/24/2014) (ama)
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| Filing 422 NOTICE OF APPEARANCE by Howard B. Levi on behalf of JPMorgan Chase Bank, N.A.. (Levi, Howard) |
| Filing 421 MEMORANDUM OF LAW in Support re: #416 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 420 DECLARATION of Carmine D. Boccuzzi, dated September 23, 2014 in Support re: #416 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibits B-I, #3 Exhibits J-P)(Boccuzzi, Carmine) |
| Filing 419 LETTER addressed to Judge Thomas P. Griesa from Alan H. Scheiner dated September 23, 2014 re: Request for Clarification. Document filed by JPMorgan Chase Bank, N.A..(Scheiner, Alan) |
| Filing 418 MEMORANDUM OF LAW in Support re: #416 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 417 DECLARATION of Karen E. Wagner in Support re: #416 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen) |
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Filing 416
ORDER TO SHOW CAUSE REGARDING CITIBANK, N.A.'S MOTION TO VACATE THE CITIBANK INJUNCTION, TO CLARIFY OR MODIFY THE INJUNCTION, AND FOR A STAY: Plaintiffs shall show cause as to why an order should not be entered: (a) vacating this Court's order entered on July 28, 2014 (Dkt. No. #613 ) and reinstating this Court's order entered on June 27, 2014 (Dkt. No. #547 ) and (b) if the Citibank Injunction is not vacated prior to September 30, 2014 staying the application of the Citibank Injunction and this Court's order entered on November 21, 2012 (Dkt. No. #425 ) to the payments that are due to be made on September 30, 2014 by Citibank, N.A.'s Argentine branch to customers for whom it acts as custodian in Argentina with respect to U.S. Dollar-denominated bonds - governed by Argentine law and payable in Argentina - that were issued by the Republic of Argentina. (See Order.) (Show Cause Hearing set for 9/26/2014 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa.) (Replies due by 9/26/2014.) Show Cause Response due by 9/25/2014. (Signed by Judge Thomas P. Griesa on 9/22/2014) (ajs)
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| Filing 415 MANDATE of USCA (Certified Copy) as to #385 Notice of Appeal, filed by Citibank, N.A., #384 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 14-2691; 14-2693. The Republic of Argentina and Citibank, N.A. appeal from the July 28, 2014 order (the "Order") of the United States District Court for the Southern District of New York (Griesa, J.) clarifying that certain bonds issued by the Republic of Argentina are Exchange Bonds subject to the district court's Amended February 23, 2012 Order. We decline to find jurisdiction because the Order appealed from is a clarification, not a modification, of the Amended February 23, 2012 Order. See Weight Watchers Int'l, Inc. v. Luigino's, 423 F.3d 137 (2d Cir. 2005). However, nothing in this Court's order is intended to preclude Citibank from seeking further relief from the district court. It is hereby ORDERED that the above appeals are DISMISSED for lack of jurisdiction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/19/2014. (nd) |
| Filing 414 REPLY MEMORANDUM OF LAW in Support re: #410 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 413 DECLARATION of Jay Newman in Support re: #402 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 412 REPLY MEMORANDUM OF LAW in Support re: #402 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 411 MEMORANDUM OF LAW in Support re: #410 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. and in Opposition to NML's Motion to Compel Discovery #402 . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 410 MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. Document filed by Citibank, N.A..(Wagner, Karen) |
| Filing 409 NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A.. (Rowland, Matthew) |
| Filing 408 DECLARATION of Kevin S. Reed in Support re: #402 Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Kevin) |
| Filing 407 MEMORANDUM OF LAW in Support re: #402 Order to Show Cause,,,,,,, . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 406 MOTION for Jason J. Mendro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10053490. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Mendro, Jason) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #403 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (ajs) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #403 Notice of Appeal. (ajs) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #404 Notice of Appeal. (ajs) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #404 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (ajs) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #406 MOTION for Jason J. Mendro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10053490. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #405 Notice of Appeal. (ajs) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #405 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (ajs) |
| Filing 405 NOTICE OF APPEAL from #392 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051748. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 404 NOTICE OF APPEAL from #387 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051652. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) |
| Filing 403 NOTICE OF APPEAL from #389 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051595. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 402
ORDER TO SHOW CAUSE: LET CITIBANK, N.A. ("CITIBANK") SHOW CAUSE, before Judge Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, 10007, on the 10th day of Sept. 2014 at 2:30 pm, why an Order should not be entered: a) Ordering Citibank to comply fully with the Subpoena Duces Tecum and Ad Testificandum dated August 15, 2014, that was served by Plaintiff NML Capital, Ltd. ("NML") on Citibank, by producing documents three days before argument on Citibank's appeal will be heard and a witness for deposition by September 15, 2014. b) Granting such other and further relief as this Court may deem just, proper and necessary under the circumstances. IT IS HEREBY: ORDERED THAT e-mail service of this Order to Show Cause, and the papers upon which it is based, upon counsel for Citibank, Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York, 10017, attention Lindsey Knapp, Esq., at lindsey.knapp@davispolk.com, and upon counsel for Defendant The Republic of Argentina, Cleary, Gottlieb, Steen & Hamilton, One Liberty Plaza, New York, New York, 10006, attention Carmine Boccuzzi, Esq., at cboccuzzi@cgsh.com, shall be deemed good and sufficient service; IT IS FURTHER ORDERED THAT opposing papers, if any, are to be served on counsel for the Plaintiff, Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York, 10010, attention Kevin S. Reed, so as to be received on the 5th day of Sept. 2014; AND IT IS FURTHER ORDERED THAT reply papers, if any, shall be served upon counsel for Citibank and Defendant, so as to be received no later than 5 p.m. on 8 day of Sept. 2014. Show Cause Hearing set for 9/10/2014 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 8/29/2014) (lmb)
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Filing 401
ORDER: In response to plaintiffs' August 20, 2014 letter requesting an emergency hearing, the court will hold a hearing on August 21, 2014 at 3:00pm. ( Status Conference set for 8/21/2014 at 03:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 8/21/2014) (mro)
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| Filing 400 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 20, 2014 Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Robert) |
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Filing 399
ORDER: The court directs the Clerk's Office to designate all of the above-captioned actions as ECF cases. Barring issues related to confidential, privileged, or otherwise sensitive information, parties are directed to file all documents electronically and send a courtesy copy to the court. (Signed by Judge Thomas P. Griesa on 8/19/2014) (kgo)
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| Case Designated ECF. (kgo) |
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Filing 398
ORDER. IT IS HEREBY: ORDERED, that the letters attached here as Exhibits A-G be added to the docket in each of the above-captioned cases; and ORDERED, that the documents attached here as Exhibits H-Q be added to the dockets in cases 08 Civ. 6978 (TPG), 09 Civ. 1707 (TPG), 09 Civ. 1708 (TPG), 10 Civ. 9587 (TPG), and 10 Civ. 5338 (TPG). (Signed by Judge Thomas P. Griesa on 8/15/2014) (Attachments: #1 List, #2 A-C, #3 D-F, #4 G) (rjm) (Additional attachment(s) added on 8/15/2014: #5 H-I, #6 J-L, #7 M-O, #8 P i, #9 P ii, #10 P iii-Q) (rjm).
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| Filing 397 NOTICE OF APPEAL from #392 Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003373. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Clark, Christopher) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #397 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #397 Notice of Appeal filed by Euro Bondholders were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 396 LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated August 13, 2014 (with Exhibit A: Proposed Order and Exhibit B: Order dated November 20, 2013) re: Proposed Order adding documents to the record. Document filed by The Republic of Argentina. (Attachments: #1 Index of Exhibits to Proposed Order, #2 Exhibits A-C to Proposed Order, #3 Exhibits D-F to Proposed Order, #4 Exhibits G-I to Proposed Order, #5 Exhibits J-L to Proposed Order, #6 Exhibits M-O to Proposed Order, #7 Exhibit P(part i) to Proposed Order, #8 Exhibit P(part ii) to Proposed Order, #9 Exhibits P(part iii)-Q to Proposed Order)(Blackman, Jonathan) |
| Filing 394 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 8, 2014 re: August 8, 2014 Hearing. Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 393
ORDER: The court will hold a hearing regarding recent statements made by the Republic of Argentina on Friday, August 8, 2014 at 3:00 p.m. (Status Conference set for 8/8/2014 at 03:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 8/7/2014) (ja)
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| Filing 395 MANDATE of USCA (Certified Copy) as to #303 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4349. The parties have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/06/2014. (nd) |
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Filing 392
ORDER: For the reasons stated on the record at the June 27, 2014 and July 22, 2014 hearings, the payment by Argentina to BNY described above was illegal and a violation of the Amended February 23 Orders. BNY shall retain the Funds in its accounts at the BCRA pending further Order of this Court, and shall not make or allow any transfer of the Funds unless ordered by the Court. Argentina will take no steps to interfere with BNY's retention of the Funds in accordance with the terms of this Order, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 8/6/2014) (cd)
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| Filing 391 LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated August 6, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) |
| Filing 390 LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated August 4, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) |
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Filing 389
ORDER RE: JPMCB (US DOLLAR DENOMINATED, ARGENTINE LAW BONDS): IT IS HEREBY CLARIFIED that: 1. JPMCB is allowed to effectuate the One-Time Payment in respect of the U.S. Dollar-denominated Bonds by transferring the Funds. 2. Any other person or entity in the payment chain of the One-Time Payment to and including the holders of beneficial interests that receives a portion of the funds constituting the One-Time Payment is permitted to transfer such funds. This permission applies only to payments due June 30, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E113 and ARARGE03G688. 3. Any payments in respect of the U.S. Dollar-denominated Bonds, other than any transfers as set forth in paragraphs 1 and 2 above, remain subject to the Amended February 23, 2012 Orders and the July 28th Order. (Signed by Judge Thomas P. Griesa on 8/4/2014) (ajs)
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Filing 388
ORDER: The purpose of this ruling is to confirm that Daniel Pollack, the Special Master appointed by the court to preside over settlement negotiations, will remain in office. This confirmation is needed because of certain discussion which occurred at a hearing held by the court on Friday, August 1, 2014. (See Order). (Signed by Judge Thomas P. Griesa on 8/4/2014) (ajs)
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Filing 387
ORDER: IT IS HEREBY CLARIFIED that: 1. The Amended February 23, 2012 Orders do not as a matter of law prohibit payments on the Peso-denominated bonds that were issued by the Republic of Argentina pursuant to the 2005 or 2010 Exchange Offers, and governed by Argentine law when issued, and which remain denominated in Pesos; 2. Euroclear and Clearstream, like Citibank, are allowed to make a one-time payment in respect of the U.S. Dollar-denominated Bonds by transferring the Funds; and 3. Any payments in respect of the U.S. Dollar-denominated Bonds, other than the transfers of Funds as set forth in paragraph 2 above, remain subject to the Amended February 23, 2012 Orders and the July 28th Order. (Signed by Judge Thomas P. Griesa on 8/01/2014) (ama)
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Filing 386
ORDER: The court will hold a hearing regarding the recent default by the Republic of Argentina on August 1, 2014 at 11:00am. SO ORDERED. ( Status Conference set for 8/1/2014 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/31/2014) (ama)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #385 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #385 Notice of Appeal, filed by Citibank, N.A. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 385 NOTICE OF APPEAL from #383 Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942242. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen) |
| Filing 384 NOTICE OF APPEAL from #383 Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941810. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #384 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #384 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (nd) Modified on 7/30/2014 (tp). |
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Filing 383
ORDER denying #363 Motion for Reconsideration: the court denies plaintiffs' motion for partial reconsideration at this time. Citibank may make payment on the interest due on the Repsol bonds and on both the peso- and dollar-denominated exchange bonds described in the Citibank order. However, the court will only allow this one-time payment on the dollar-denominated exchange bonds. After July 30, 2014, the court will rescind the Citibank order with regard to the dollar-denominated exchange bonds. To avoid future confusion, the parties are directed to devise a way to distinguish between the Repsol bonds and the exchange bonds before the next interest payment is due. (Signed by Judge Thomas P. Griesa on 7/28/2014) (tn)
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| Filing 382 DECLARATION of Federico Elewaut in Opposition re: #363 MOTION for Reconsideration .. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 381 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated July 28, 2014 re: the letters recently sent to the Court regarding Plaintiffs' request that this Court's June 27, 2014 Order be reconsidered, and the scope of its Amended February 23, 2012 Orders be expanded. Document filed by Citibank, N.A..(Wagner, Karen) |
| Filing 380 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated 07/27/2014 Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 379 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 27, 2014 re: plaintiffs' July 23, 2014 letter. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 378 LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated July 24, 2014 re: Clarification of Orders. Document filed by JPMorgan Chase Bank, N.A..(Weiss, Andrea) |
| Filing 377 LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated July 23, 2014 re: additional details regarding the Argentine Law Bonds that were the subject of Citibank's motion for clarification and this Court's June 27, 2014 Order, and the June 30, 2014 payment on those bonds. Document filed by Citibank, N.A..(Wagner, Karen) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #376 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #376 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 376 NOTICE OF APPEAL from #334 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910035. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 375 DECLARATION of Carmine D. Boccuzzi Concerning Resolution of Outstanding Defaulted Indebtedness and in Support of Motions for Clarification of the Euro Bondholders, Euroclear Bank SA/NV and Clearstream Banking S.A., and Citibank N.A.s Opposition to Plaintiffs Motion for Partial Reconsideration, dated July 21, 2014, Re #374 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 374 MEMORANDUM OF LAW of the Republic of Argentina Concerning Resolution of Outstanding Defaulted Indebtedness and in Support of Motions for Clarification of the Euro Bondholders, Euroclear Bank SA/NV and Clearstream Banking S.A., and Citibank N.A.s Opposition to Plaintiffs Motion for Partial Reconsideration, dated July 21, 2014. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 373 CERTIFICATE OF SERVICE. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 372 DECLARATION of Evan K. Farber in Support re: #358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A - D)(Schaffer, Eric) |
| Filing 371 REPLY MEMORANDUM OF LAW in Support re: #358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 370 REPLY MEMORANDUM OF LAW in Support re: #349 MOTION to Amend/Correct . . Document filed by Clearstream Banking S.A.. (Vassos, John) |
| Filing 369 DECLARATION of Robert A. Cohen re: #368 Memorandum of Law . Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A)(Cohen, Robert) |
| Filing 368 MEMORANDUM OF LAW . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 367 MEMORANDUM OF LAW in Opposition re: #363 MOTION for Reconsideration . . Document filed by Citibank, N.A.. (Wagner, Karen) |
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Filing 366
ORDER. The court will hold a hearing on July 22, 2014 at 10:30 a.m. to consider the following motions, as docketed in No. 08 Civ. 6978: Motion for clarification filed by Euro Bondholders (Doc. No. 543). Motion for clarification filed by Euroclear Bank SA/NV (Doc. No. 553). Motion for clarification filed by Clearstream Banking S.A. (Doc. No. 564). Motion for clarification filed by Bank of New York Mellon (Doc. No. 577). Motion for partial reconsideration filed by NML Capital, Ltd., et al. (Doc. No. 585). Letter motion for clarification filed by JPMorgan Chase Bank, N.A. (not docketed). The court will consider any briefing on these motions submitted by July 21, 2014 at 2:00 p.m. (Hearing set for 7/22/2014 at 10:30 AM before Judge Thomas P. Griesa.), (Responses due by 7/21/2014. Replies due by 7/21/2014.) (Signed by Judge Thomas P. Griesa on 7/16/2014) (rjm)
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| Filing 365 LETTER addressed to Judge Thomas P. Griesa from Matthew D. McGill dated July 15, 2014 re: Briefing Schedule on Euro Bondholders' Emergency Motion for Clarification. Document filed by NML Capital, Ltd..(McGill, Matthew) |
| Filing 364 MEMORANDUM OF LAW in Support re: #363 MOTION for Reconsideration . . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 363 MOTION for Reconsideration . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Reed, Kevin) |
| Filing 362 MEMORANDUM OF LAW in Opposition re: #349 MOTION to Amend/Correct . . Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 361 AFFIDAVIT OF SERVICE. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 360 DECLARATION of Evan K. Farber in Support re: #358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A through E, #2 Exhibit F through N)(Schaffer, Eric) |
| Filing 359 MEMORANDUM OF LAW in Support re: #358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. Document filed by The Bank of New York Mellon.(Schaffer, Eric) |
| Filing 357 NOTICE OF APPEARANCE by Alan Howard Scheiner on behalf of JPMorgan Chase Bank, N.A.. (Scheiner, Alan) |
| Filing 356 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A..(Weiss, Andrea) |
| Filing 355 NOTICE OF APPEARANCE by Andrea Likwornik Weiss on behalf of JPMorgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 354 LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 7/9/2014 re: Clarification of Orders. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit A)(Weiss, Andrea) |
| Filing 353 LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated 7/9/14 re: Expedited Briefing Schedule. Document filed by The Bank of New York Mellon.(Schaffer, Eric) |
| Filing 352 NOTICE OF APPEARANCE by Mary Christina Pennisi on behalf of Clearstream Banking S.A.. (Pennisi, Mary) |
| Filing 351 MEMORANDUM OF LAW in Support re: #349 MOTION to Amend/Correct . . Document filed by Clearstream Banking S.A.. (Vassos, John) |
| Filing 350 DECLARATION of John M. Vassos in Support re: #349 MOTION to Amend/Correct .. Document filed by Clearstream Banking S.A.. (Vassos, John) |
| Filing 349 MOTION to Amend/Correct . Document filed by Clearstream Banking S.A.. (Attachments: #1 Text of Proposed Order)(Vassos, John) |
| Filing 348 NOTICE OF APPEARANCE by John Michael Vassos on behalf of Clearstream Banking S.A.. (Vassos, John) |
| Filing 347 LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated July 1, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) |
| Filing 346 DECLARATION of Karen E. Wagner in Support. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 345 MEMORANDUM OF LAW in Support of Citibank N.A.'s Renewed Motion by Order to Show Cause for Clarification or Modification #344 . Document filed by Citibank, N.A.. (Wagner, Karen) |
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Filing 344
ORDER CLARIFYING AMENDED FEBRUARY 23, 2012 ORDERS. UPON consideration of Citibank, N.A.'s motion for clarification or modification, plaintiffs' opposition thereto, and all other arguments submitted to the Court in the parties' papers and at oral argument, it is hereby: 1. CLARIFIED that this Court's Amended February 23, 2012 Orders do not as a matter of law prohibit payments by Citibank, N.A.'s Argentine branch on Peso - and U.S. Dollar-denominated bonds - governed by Argentine law and payable in Argentina - that were issued by the Republic of Argentina in 2005 and 2010 to customers for whom it acts as custodian in Argentina. Granting #272 Motion. (Signed by Judge Thomas P. Griesa on 6/27/2014) (rjm) Modified on 6/30/2014 (rjm).
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| Filing 343 DECLARATION of Robert A. Cohen in Support. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 342 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 re: Argentina's Request for a Stay. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 341 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 re: Argentina taking steps to make payments on the Exchange Bonds, without making ratable payments to Plaintiffs. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1)(Cohen, Robert) |
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Filing 340
ORDER. In a letter dated June 23, 2014, and in a letter dated today, counsel for the Republic requests that the court stay certain injunctive relief. Such a request is not appropriate. The injunctive relief ordered by the court (dealing with the pari passu issue) does not even come into play unless the Republic makes payments to the exchange bondholders. The court has no control over whether or not the Republic makes such payments. A Special Master has been appointed to assist settlement negotiations. It is the understanding of the court that such negotiations will include the handling of any further payments due to exchange bondholders. The stay that is requested is denied. So ordered. (Signed by Judge Thomas P. Griesa on 6/26/2014) (rjm).
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| Filing 339 RESPONSE re: #338 Letter . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 338 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 23, 2014 re: following up on report to the Court, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 337
ORDER FOR APPOINTMENT OF SPECIAL MASTER: 1. The Court hereby appoints Daniel A. Pollack, 245 Park Avenue, New York City, as Special Master to conduct and preside over settlement negotiations between and among the parties to this litigation. 2. The Special Master may conduct and preside over such negotiations publicly or in camera, in whole or in part, and shall also be empowered to confer with the parties ex parte in his sole discretion. 3. The Special Master is not expected to file a report of the negotiations, but shall have the right to confer with the Court at such times and in such manner as he deems necessary and appropriate in his sole discretion. The Special Master shall not displace the Court in any respect and shall have no responsibility for or power to make any rulings of any kind in this litigation. 4. The Special Master shall have the right to use such other support persons (both lawyer and non-lawyer) to assist him in the carrying out of his responsibilities as he deems necessary and appropriate in his sole discretion. 5. The compensation of the Special Master, including fees and expenses incurred by him and others who assist him, shall be the responsibility of (a) the Republic of Argentina and (b) Elliot Capital Management and Aurelius Capital Management, and shall be borne equally between these two sides. All invoices of the Special Master shall be due and payable when rendered and the parties are instructed by the Court to pay all such invoices promptly. 6. The parties are instructed to give full co-operation to the Special Master in all respects in the negotiations and to provide the Special Master promptly with any and all information he may appropriately request and any and all logistical assistance which he may request. 7. The Court expressly finds that, in view of the limited scope of this appointment, except as expressly set forth in this Order the provisions of Rule 53 of the Federal Rules of Civil Procedure shall be of no applicability to this appointment and compliance therewith shall not be required of the Special Master. (Signed by Judge Thomas P. Griesa on 6/23/2014) (kgo)
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| Filing 336 DECLARATION of Dennis H. Hranitzky in Support re: #335 MOTION for Disclosure / Supplementing the Amended February 23, 2012 Order and Directing Expedited Disclosure.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hranitzky, Dennis) |
| Filing 335 MOTION for Disclosure / Supplementing the Amended February 23, 2012 Order and Directing Expedited Disclosure. Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
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Filing 334
ORDER. 1. In his June 17, 2014 speech, Argentina's Economy Minister Axel Kicillof proposed that Argentina initiate steps to carry out a debt exchange to pay the exchange bondholders in Argentina under Argentine law. 2. This court rules that the above proposal of the Economy Minister is in violation of the rulings and procedures now in place in the Southern District of New York, and the Republic of Argentina is prohibited from carrying out the proposal of the Economy Minister. (Signed by Judge Thomas P. Griesa on 6/20/2014) (rjm)
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Filing 333
ORDER of USCA (Certified Copy) USCA Case Number 12-105(L). By Opinion dated August 23, 2013, the Court affirmed the district court's orders, as amended and stayed enforcement of the amended injunctions pending the resolution by the Supreme Court of a timely petition for a writ of certiorari. The mandate issued on December 11, 2013, following denial of the petitions for panel and en banc rehearing. The Supreme Court denied the petition for writ of certiorari on June 16, 2014. IT IS HEREBY ORDERED that the August 23, 2013 stay of enforcement of the amended injunctions is lifted.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/18/2014. (nd)
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| Filing 332 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated May 30, 2014 re: In Support of Motion for Declaratory And Supplemental Injunctive Relief. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 331 DECLARATION of Robert A. Cohen in Support re: #329 MOTION for Declaratory And Supplemental Injunctive Relief .. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 330 MEMORANDUM OF LAW in Support re: #329 MOTION for Declaratory And Supplemental Injunctive Relief . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 329 MOTION for Declaratory And Supplemental Injunctive Relief . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Cohen, Robert) |
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Filing 328
ORDER AUTHORIZING FILING CERTAIN DOCUMENTS UNDER SEAL. It is hereby ORDERED as follows: 1. Document nos. 512, 513, 514 and 515 filed in Case No. 08 Civ. 6978 (TPG) shall be removed from the ECF system and filed under seal, and may be replaced by the redacted versions of those documents agreed by the parties; 2. Document nos. 323, 324, 325 and 326 filed in Case No. 09 Civ. 1707 (TPG) shall be removed from the ECF system and filed under seal, and may be replaced by the redacted versions of those documents agreed by the parties; and 3. Document nos. 326, 327, 328 and 329 filed in Case No. 09 Civ. 1708 (TPG) shall be removed from the ECF system and filed under seal, and may be replaced by the redacted versions of those documents agreed by the parties. (Signed by Judge Thomas P. Griesa on 6/5/2014) (rjm)
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| Transmission to Sealed Records Clerk. Transmitted re: #328 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) |
| Filing 327 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 4, 2014 re: Motion papers filed May 30, 2014. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 326 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated May 30, 2014 re: In Support of Motion for Declaratory and Supplemental Injunctive Relief. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 325 DECLARATION of Robert A. Cohen in Support re: #323 MOTION for Declaratory and Supplemental Injunctive Relief .. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 324 MEMORANDUM OF LAW in Support re: #323 MOTION for Declaratory and Supplemental Injunctive Relief . . Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 323 MOTION for Declaratory and Supplemental Injunctive Relief . Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Cohen, Robert) |
| Filing 322 OPINION #104382 denying #251 Motion to Compel; denying #254 Motion to Compel; denying #286 Motion to Compel; granting #308 Motion to Stay ; denying #316 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 5/30/2014 (ca). |
| Filing 321 REPLY MEMORANDUM OF LAW in Support re: #308 MOTION to Stay. and in Opposition to NML's Cross-Motion to Compel Discovery. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 320 LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 04/17/2014 re: Non-Party Banks' Motions for Joinder. Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 319 DECLARATION of Joseph Sremack in Support re: #316 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Reed, Kevin) |
| Filing 318 DECLARATION of Kevin S. Reed in Support re: #316 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Reed, Kevin) |
| Filing 317 MEMORANDUM OF LAW in Support re: #316 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 316 MOTION to Compel Citi Entities to Comply with Subpoena. Document filed by NML Capital, Ltd..(Reed, Kevin) |
| Filing 315 NOTICE OF APPEARANCE by Kevin Samuel Reed on behalf of NML Capital, Ltd.. (Reed, Kevin) |
| Filing 314 DECLARATION of Joseph Sremack in Opposition re: #308 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit)(Reed, Kevin) |
| Filing 313 DECLARATION of Kevin S. Reed in Opposition re: #308 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Reed, Kevin) |
| Filing 312 MEMORANDUM OF LAW in Opposition re: #308 MOTION to Stay. and Cross-Motion to Compel. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| Filing 311 DECLARATION of Lindsey T. Knapp in Support re: #308 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Knapp, Lindsey) |
| Filing 310 DECLARATION of Rebecca J. Nelson in Support re: #308 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 309 MEMORANDUM OF LAW in Support re: #308 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) |
| Filing 308 MOTION to Stay. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., CitiGroup Inc..(Wagner, Karen) |
| Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files for #212 Endorsed Letter, Set Deadlines, Set Hearings, #220 Notice of Appeal, filed by The Republic of Argentina, #210 Endorsed Letter, Set Deadlines/Hearings, #215 Memorandum of Law in Opposition filed by The Republic of Argentina, #219 Order, #216 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #218 Order on Motion for Miscellaneous Relief, #217 Endorsed Letter, Set Hearings, #214 Declaration in Opposition, filed by The Republic of Argentina, #211 Endorsed Letter, Set Deadlines/Hearings, #213 Declaration in Opposition, filed by The Republic of Argentina, #206 Notice of Appeal filed by The Republic of Argentina, #195 Answer to Amended Complaint filed by The Republic of Argentina, #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. filed by NML Capital, Ltd., #205 Declaration filed by NML Capital, Ltd., #196 MOTION to Vacate #179 Memorandum & Opinion, filed by NML Capital, Ltd., #209 Declaration in Support of Motion, filed by NML Capital, Ltd., #203 Memorandum of Law in Support filed by NML Capital, Ltd., #200 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #201 Order, #204 Declaration in Support filed by NML Capital, Ltd., #202 Order to Show Cause, filed by NML Capital, Ltd., #208 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #199 Response in Opposition to Motion, filed by The Republic of Argentina, #198 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #197 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #194 Amended Complaint filed by NML Capital, Ltd., #192 Order, #193 Notice of Appeal filed by NML Capital, Ltd., #64 Declaration, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines, #11 Order, Set Deadlines/Hearings #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach, #188 Memorandum & Opinion, #130 Endorsed Letter, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010 filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment, filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011 filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion, filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011 Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion, #43 Endorsed Letter, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #13 Order, #38 Order, #156 Declarat |
| Filing 307 MANDATE of USCA (Certified Copy) as to #220 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-923. It is hereby Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this court. It is further ordered that the appeal docket numbers 12-4694 and 12-4865 are dismissed. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/11/2013. (Attachments: #1 Opinion)(nd) |
| Filing 306 MEMO ENDORSEMENT on re: (308 in 1:09-cv-01708-TPG) Letter filed by NML Capital, Ltd., (305 in 1:09-cv-01707-TPG) Letter filed by NML Capital, Ltd. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/25/2013) (ja) |
| Filing 305 LETTER addressed to Judge Thomas P. Griesa from Eric C. Kirsch dated November 22, 2013 re: withdrawal as counsel. Document filed by NML Capital, Ltd..(Kirsch, Eric) |
|
Filing 304
ORDER: On November 1, 2013, the Republic of Argentina filed a notice of appeal regarding an order issued by the court on October 3, 2013. Plaintiffs now ask the court to docket the following letters so that the Second Circuit will have a full record of the communications related to the October 3, 2013 order: a letter dated August 30, 2013, from Robert A. Cohen to the court; a letter dated September 11, 2013, from Robert A. Cohen to the court; a letter dated September 19, 2013, from Carmine D. Boccuzzi, Jr. to the court; a letter dated September 19, 2013, from Robert A. Cohen to the court.The court respectfully orders the clerk of the court to docket the enclosed letters. (Signed by Judge Thomas P. Griesa on 11/20/2013) (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4)(tn)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #212 Endorsed Letter, Set Deadlines, Set Hearings, #220 Notice of Appeal, filed by The Republic of Argentina, #210 Endorsed Letter, Set Deadlines/Hearings, #215 Memorandum of Law in Opposition filed by The Republic of Argentina, #219 Order, #216 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #218 Order on Motion for Miscellaneous Relief, #217 Endorsed Letter, Set Hearings, #214 Declaration in Opposition, filed by The Republic of Argentina, #211 Endorsed Letter, Set Deadlines/Hearings, #213 Declaration in Opposition, filed by The Republic of Argentina, #206 Notice of Appeal filed by The Republic of Argentina, #195 Answer to Amended Complaint filed by The Republic of Argentina, #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. filed by NML Capital, Ltd., #205 Declaration filed by NML Capital, Ltd., #196 MOTION to Vacate #179 Memorandum & Opinion, filed by NML Capital, Ltd., #209 Declaration in Support of Motion, filed by NML Capital, Ltd., #203 Memorandum of Law in Support filed by NML Capital, Ltd., #200 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #201 Order, #204 Declaration in Support filed by NML Capital, Ltd., #202 Order to Show Cause, filed by NML Capital, Ltd., #208 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #199 Response in Opposition to Motion, filed by The Republic of Argentina, #198 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #197 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #194 Amended Complaint filed by NML Capital, Ltd., #192 Order, #193 Notice of Appeal filed by NML Capital, Ltd., #64 Declaration, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines, #11 Order, Set Deadlines/Hearings #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach, #188 Memorandum & Opinion, #130 Endorsed Letter, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010 filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment, filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011 filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion, filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011 Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion, #43 Endorsed Letter, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #13 Order, #38 Order, #156 Declarat |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #303 Notice of Appeal. (tp) |
| Filing 303 NOTICE OF APPEAL from #300 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040797. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #212 Endorsed Letter, Set Deadlines, Set Hearings,,,,,, #220 Notice of Appeal, filed by The Republic of Argentina, #210 Endorsed Letter, Set Deadlines/Hearings,, #215 Memorandum of Law in Opposition filed by The Republic of Argentina, #219 Order,,,,,, #216 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #218 Order on Motion for Miscellaneous Relief,,,,, #217 Endorsed Letter, Set Hearings,,,,,, #214 Declaration in Opposition, filed by The Republic of Argentina, #211 Endorsed Letter, Set Deadlines/Hearings,,,, #213 Declaration in Opposition, filed by The Republic of Argentina, #206 Notice of Appeal filed by The Republic of Argentina, #195 Answer to Amended Complaint filed by The Republic of Argentina, #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. filed by NML Capital, Ltd., #205 Declaration filed by NML Capital, Ltd., #196 MOTION to Vacate #179 Memorandum & Opinion, filed by NML Capital, Ltd., #209 Declaration in Support of Motion, filed by NML Capital, Ltd., #203 Memorandum of Law in Support filed by NML Capital, Ltd., #200 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #201 Order, #204 Declaration in Support filed by NML Capital, Ltd., #202 Order to Show Cause, filed by NML Capital, Ltd., #208 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #199 Response in Opposition to Motion, filed by The Republic of Argentina, #198 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #197 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #194 Amended Complaint filed by NML Capital, Ltd., #192 Order, #193 Notice of Appeal filed by NML Capital, Ltd., #64 Declaration,,,, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines,,,, #11 Order, Set Deadlines/Hearings,,,,,,,, #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint. filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach,,,,,,, #188 Memorandum & Opinion, #130 Endorsed Letter,,, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,. filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings,,,,,, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment,, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings,,,, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order,,,, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,. filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order,,,, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due. filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,. filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause,,,,,,,, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion,, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines,,,,,, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order,, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion,, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion,,,,, #43 Endorsed Letter,, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #302 Notice of Appeal. (nd) |
| Filing 302 NOTICE OF APPEAL from #298 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010352. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) |
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Filing 300
ORDER: IT IS HEREBY: (1.)DECLARED that the Anti-Evasion Injunction of the March 5 Order has been and remains continuously in full force and effect. (2.) ORDERED that the Republic shall not-either directly or through any representative, agent, instrumentality, political subdivision, or other person or entity acting on behalf of the Republic-take any action to attempt to evade the purposes and directives of the Amended February 23 Orders, attempt to render those Orders ineffective, or attempt to diminish the Court's ability to supervise compliance with the Amended February 23 Orders, including without limitation, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without prior approval of the Court. This paragraph shall remain in effect during the pendency of any petition to the United States Supreme Court for a writ of certiorari with respect to the October 26 Opinion or the August 23 Opinion, any proceeding on the merits in the United States Supreme Court, and any proceedings on remand,unless a further order of the Court states otherwise. And as set forth herein. This Court shall retain jurisdiction to monitor and enforce this ORDER, and, on notice to the parties, to modify, amend, or extend it as justice requires to achieve its equitable purposes and to account for materially changed circumstances, including any failure by the Republic to abide by the terms of the ORDER. (Signed by Judge Thomas P. Griesa on 10/03/2013) (ama)
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Filing 299
OPINION: The significant point is that counsel for the Republic does not deny the factual allegations in plaintiffs' September 11, 2013 letter. In fact, there is a new problem that goes beyond the circumstances known as of the time of the March 5, 2012 order. Plaintiffs are surely within their rights to seek a remedy for this new problem. They do so in appropriate provisions in the proposed order. The court will sign the proposed order. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/03/2013) (ama)
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Filing 301
ORDER: For this reason, the court believes that the discovery requests should be set aside. Plaintiffs' motions to compel compliance are denied, and the non-parties' motions to quash the subpoenas are granted, all on the conditions described below. Plaintiffs have a right to make new discovery requests based on current circumstances, if they feel it is appropriate to do so. Cleary and the Euro Bondholders have a right to respond in the manner they deem appropriate. This order resolves the motions located at Doc. Nos. 42, 45, 48, and 51 (in case 10cv 9587). SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/27/2013) (ama)
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Filing 298
ORDER: IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/25/2013) (ama)
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| Filing 297 LETTER addressed to Judge Thomas P. Griesa from James L. Kerr dated September 24, 2013 re: Rulings Made at the September 3, 2013 Hearing. Document filed by Banco De La Nacion Argentina, Citibank, N.A.. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Transcript of September 3, 2013 Proceeding before Judge Griesa), #3 Exhibit C (Opinion dated September 4, 2013))(Kerr, James) |
| Filing 296 LETTER addressed to Judge Thomas P. Griesa from James L. Kerr dated September 24, 2013 re: Rulings Made at the September 3, 2013 Hearing. Document filed by Banco De La Nacion Argentina, Citibank, N.A.. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Transcript of September 3, 2013 Proceeding before Judge Griesa), #3 Exhibit C (Opinion dated September 4, 2013))(Kerr, James) |
| Filing 295 DECLARATION of Eric C. Kirsch in Support re: #286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohen, Robert) |
| Filing 294 REPLY MEMORANDUM OF LAW in Support re: #286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 293 MEMORANDUM OF LAW in Opposition re: #286 MOTION to Compel Compliance with Discovery Requests. dated July 17, 2013. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 292 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Opposition re: #286 MOTION to Compel Compliance with Discovery Requests.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits E-H)(Blackman, Jonathan) |
| Filing 291 REPLY MEMORANDUM OF LAW in Support re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far dated July 17, 2013. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 290 DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Support re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 289 MANDATE of USCA (Certified Copy) as to #206 Notice of Appeal filed by The Republic of Argentina USCA Case Number 12-109. By Opinion dated October 26, 2012, in the above-captioned matter, this Court directed the Clerk's Office to dismiss the following appeals: 12-105, 12-109, 12-111, 12-157, 12-158, 12-163, 12-164, 12-170, 12-176, 12-185, 12-189, and 12-214. IT IS HEREBY ORDERED that 12-105, 12-109, 12-111, 12-157, 12-158, 12-163, 12-164, 12-170, 12-176, 12-185, 12-189, and 12-214 are dismissed nunc pro tunc to October 26, 2012. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/09/2013. (Attachments: #1 October 26, 2012 Opinion)(nd) |
| Filing 288 DECLARATION of Eric C. Kirsch in Support re: #286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Cohen, Robert) |
| Filing 287 MEMORANDUM OF LAW in Support re: #286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 286 MOTION to Compel Compliance with Discovery Requests. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 285 DECLARATION of KEVIN S. REED in Opposition re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Reed, Kevin) |
| Filing 284 MEMORANDUM OF LAW in Opposition re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Reed, Kevin) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kevin Samuel Reed to RE-FILE Document #283 Memorandum of Law in Opposition to Motion. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db) |
| Filing 283 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Attachments: #1 DECLARATION OF KEVIN S. REED IN OPPOSITION TO DEFENDANTS MOTION TO QUASH SUBPOENAS, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Reed, Kevin) Modified on 6/27/2013 (db). |
| Filing 282 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 6/18/2013 re: In my letter to the Court of June 11,2013, I inadvertently misstated the briefing schedule the parties have agreed on for that motion. The parties have agreed that NML shall file its opposition to the motion on or before June 26, 2013 (rather than June 18) and that the Republic of Argentina shall file any reply papers on or before July l7, 2013. The parties respectfully request that argument on the motion occur at the previously set August 5, 2013 hearing in these and related matters. ENDORSEMENT: Approved., ( Responses due by 6/26/2013, Replies due by 7/17/2013.) (Signed by Judge Thomas P. Griesa on 6/18/2013) (ama) |
| Filing 281 MEMORANDUM OF LAW in Support re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far [CORRECTED]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 280 DECLARATION of Carmine D. Boccuzzi in Support re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Attachments: #1 Ex. A - C, #2 Ex. D - F, #3 Ex. G - I, #4 Ex. J - L, #5 Ex. M - N, #6 Ex. O, #7 Ex. P - S, #8 Ex. T - V, #9 Ex. W1, #10 Ex. W2)(Boccuzzi, Carmine) |
| Filing 279 MEMORANDUM OF LAW in Support re: #278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated May 28, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Fargo & Co. and Wells Fargo Bank, N.A. , dated May 28, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 277
ORDER: A non-party Citibank N.A. ("Citibank") filed a motion, and summarized the substance of that motion in a letter of May 23,2013. Plaintiffs sent a letter to the court on the same day opposing the application of Citibank. Citibank replied with a further letter on that date. Citibank asserts that it needs clarification as to its obligations in the event that the Court of Appeals affirms the District Court's November 21, 2012 rulings. The District Court declines to make any further comment on matters now before the Court of Appeals. What further ruling or action is required from the District Court will obviously depend on the holding from the Court of Appeals. No more can be said at this time. (Signed by Judge Thomas P. Griesa on 5/24/2013) (js) Modified on 5/24/2013 (js).
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| Filing 276 DECLARATION of Maximiliano D'Auro in Support re: #272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E Part 1, #6 Exhibit E Part 2, #7 Exhibit E Part 3, #8 Exhibit E Part 4, #9 Exhibit F Part 1, #10 Exhibit F Part 2, #11 Exhibit F Part 3, #12 Exhibit F Part 4)(Wagner, Karen) |
| Filing 275 DECLARATION of Manuel Beccar Varela in Support re: #272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 274 DECLARATION of Federico Elewaut in Support re: #272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 273 MEMORANDUM OF LAW in Support re: #272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 272 MOTION Clarification of November 21, 2012 Orders. Document filed by Citibank, N.A..(Wagner, Karen) |
| Filing 271 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citibank, N.A. (Knapp, Lindsey) |
| Filing 270 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Citibank, N.A. (Kerr, James) |
| Filing 269 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank, N.A. (Wagner, Karen) |
| Filing 268 NOTICE OF APPEARANCE by David Scott Hoffner on behalf of NML Capital, Ltd. (Hoffner, David) |
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Filing 267
CONSENT ORDER: ORDERED that on or before April 29, 2013, BNA must comply in full with the Subpoena by producing to NML the documents responsive to the Subpoena (subject to the modifications described above) held at each of BNA's worldwide branches. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/19/2013) (ama)
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Filing 266
ORDER FOR ADMISSION OF JENNINGS F. DURAND PRO HAC VICE: granting #260 Motion for Jennings F. Durand to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 2/21/2013) (js)
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Filing 265
ORDER FOR ADMISSION PRO HAC VICE: granting #245 Motion for Theodore B. Olson to Appear Pro Hac Vice. The motion of Theodore B. Olson, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Thomas P. Griesa on 2/21/2013) (ama)
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| Filing 264 OPINION: Overall, upon complete consideration of all of the above factors, the court concludes that compliance with the subpoena is warranted in this case even if it is in violation of foreign countries' laws. This opinion resolves the legal questions briefed following the hearing on March 26, 2012. The court will hold an additional hearing to determine the further steps that need to be taken. (Signed by Judge Thomas P. Griesa on 2/8/2013) (mro) Modified on 2/11/2013 (mro). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #260 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8119184. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 263 DECLARATION of Jeff G. Hammel in Support re: #261 MOTION to Quash Subpoenas, dated December 10, 2012., #254 MOTION to Compel.. Document filed by Euro Bondholders. (Attachments: #1 Exhibit --Exhibits A-J)(Hammel, Jeff) |
| Filing 262 MEMORANDUM OF LAW in Support re: #261 MOTION to Quash Subpoenas, dated December 10, 2012., #254 MOTION to Compel.. Document filed by Euro Bondholders. (Hammel, Jeff) |
| Filing 261 MOTION to Quash Subpoenas, dated December 10, 2012. Document filed by Euro Bondholders.(Hammel, Jeff) |
| Filing 260 MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8119184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Certificate of good standing, #2 Text of Proposed Order)(Durand, Jennings) |
| Filing 259 MEMORANDUM OF LAW re: #251 MOTION to Compel., #257 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 258 DECLARATION of Carmine D. Boccuzzi, dated January 2, 2013 re: #251 MOTION to Compel., #257 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-L, #2 Exhibits M-W)(Boccuzzi, Carmine) |
| Filing 257 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 256 MEMORANDUM OF LAW in Support re: #254 MOTION to Compel.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 255 DECLARATION of Daniel B. Rapport in Support re: #254 MOTION to Compel.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-40, #5 Exhibit 41-45)(Cohen, Robert) |
| Filing 254 MOTION to Compel. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 253 MEMORANDUM OF LAW in Support re: #251 MOTION to Compel.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 252 DECLARATION of Robert A. Cohen in Support re: #251 MOTION to Compel.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Robert) |
| Filing 251 MOTION to Compel. Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 250
ORDER CONCERNING THE MARCH 5, 2012 ORDER re: (199 in 1:09-cv-10620-TPG). For the reasons stated in the Court's two opinions dated November 21, 2012, in the NML Capital, Ltd. v. The Republic of Argentina cases, Nos. 08 Civ. 6978, 09 Civ. 1707, and 09 Civ. 1708, which are incorporated herein, it is HEREBY ORDERED that: The provision in the March 5, 2012 Order staying the carrying out of the February 23, 2012 Orders is vacated and it is directed that the February 23, 2012 Orders, as now somewhat modified, are to be carried out forthwith. This means that the February 23, 2012 Orders will be applicable to the interest payments made to exchange bondholders in December 2012. In order to avoid confusion and to give some reasonable time to arrange mechanics, the Court specifies that the precise interest payment involved will be that of December 15, 2012. Counsel for Argentina is directed to consult with counsel for plaintiffs in order to arrive at the exact amount to be paid to plaintiffs and other mechanics. Since the Court of Appeals has not finally spoken on the subject of the calculation of the payment to plaintiffs, such payment is to be made into an escrow account, so that any adjustments required by the final Court of Appeals' ruling can be made. The Court will consult with counsel about the proper party or institution to hold the escrow account. Copies of this Order, together with copies of the Amended February 23, 2012 Orders, such amendments to be dated as of this date, will be promptly provided to the parties involved in payments to exchange bondholders, who will be on notice that the December 15, 2012 interest payments due to exchange bondholders cannot be made unless Argentina certifies that it is making the appropriate payment for the benefit of plaintiffs to the escrow account, either in advance of or concurrent with any payment to exchange bondholders. (Signed by Judge Thomas P. Griesa on 11/21/2012) (djc) Modified on 11/28/2012 (djc).
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Filing 249
ORDER: The motion listed as document number 402 for case 08-CV -6978 -Motion to Appear as Interested Non-Parties -is denied. (Signed by Judge Thomas P. Griesa on 11/26/2012) (djc)
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Filing 248
AMENDED FEBRUARY 23, 2012 ORDER: It is DECLARED ADJUDGED, and DECREED that NML is irreparably harmed by and has no adequate remedy at law for the Republics ongoing violations of Paragraph 1(c) of the FAA, and that the equities and public interest strongly support issuance of equitable relief to prevent the Republic from further violating Paragraph 1(c) of the FAA, as further set forth in this Order. The Republic is permanently ORDERED to specifically perform its obligations to NML under Paragraph 1(c) of the FAA as further set forth in this Order. NML shall be entitled to discovery to confirm the timing and amounts of the Republics payments under the terms of the Exchange Bonds; the amounts the Republic owes on these and other obligations; and such other information as appropriate to confirm compliance with this ORDER. The Republic is permanently PROHIBITED from taking action to evade the directives of this ORDER, render it ineffective, or to take any steps to diminish the Courts ability to supervise compliance with the ORDER, including, but not limited to, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without obtaining prior approval by the Court. This Court shall retain jurisdiction to monitor and enforce this ORDER, and to modify and amend it as justice requires to achieve its equitable purposes and to account for changing circumstances. (Signed by Judge Thomas P. Griesa on 11/21/2012) (tro)
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Filing 247
OPINION: Since the Court of Appeals has essentially affirmed the February 23, 2012 Order containing the Injunctions, that Order will remain in effect, subject to the following qualifications. In paragraph 2a, there will be an appropriate reference to the definitions contained in the current opinion, which does not change the relevant wording but further defines it. The court believes that plaintiffs properly recommend specific wording listing the parties bound by the Order under Rule 65(d). Accordingly, that listing will be included. (Signed by Judge Thomas P. Griesa on 11/21/2012) (tro)
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Filing 246
OPINION: The 2/23/2012 Order was affirmed by the Court of Appeals on 10/26/2012, subject to a remand to the District Court for clarification on two specified questions. The District Court is this day filing an opinion responding to the questions raised by the Court of Appeals. The matter will now return to the Court of Appeals to deal with the District Court's responses to the questions posed. The Amended 2/23/2012 Order is being issued today. It will be call "Amended February 23, 2012 Order," and will be dated today, November 21, 2012. (Signed by Judge Thomas P. Griesa on 11/21/2012) (tro)
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| Filing 245 MOTION for Theodore B. Olson to Appear Pro Hac Vice on behalf of NML Capital, Ltd. Filing fee $ 200.00, receipt number 0208-7993018. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Olson, Theodore) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #245 MOTION for Theodore B. Olson to Appear Pro Hac Vice on behalf of NML Capital, Ltd. Filing fee $ 200.00, receipt number 0208-7993018. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 244 REPLY MEMORANDUM OF LAW. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 243 DECLARATION of Kevin S. Reed. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Cohen, Robert) |
| Filing 242 NOTICE OF APPEARANCE by Matthew Dempsey McGill on behalf of NML Capital, Ltd. (McGill, Matthew) |
| Filing 241 MEMORANDUM OF LAW in Opposition re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 240 DECLARATION of Francisco Guillermo Eggers in Opposition re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 239 DECLARATION of Carmine D. Boccuzzi in Opposition re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P, #4 Exhibit Q-T, #5 Exhibit U Part 1, #6 Exhibit U Part 2, #7 Exhibit U Part 3, #8 Exhibit V-W, #9 Exhibit X-CC)(Blackman, Jonathan) |
| Filing 238 BRIEF AMICUS BRIEF OF DUANE MORRIS INDIVIDUAL PLAINTIFFS. Document filed by Duane Morris Individual Plaintiffs.(Costantini, Anthony) |
| Filing 237 NOTICE OF APPEARANCE by Eric P Heichel on behalf of Depository Trust Company, Cede & Co. (Heichel, Eric) |
| Filing 236 DECLARATION of Robert A. Cohen re: #235 Memorandum of Law. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT)(Cohen, Robert) |
| Filing 235 SUPPLEMENTAL MEMORANDUM OF LAW re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #234 HAS BEEN REJECTED. Note to Attorney Carmine D. Boccuzzi : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) |
| Filing 234 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. dated November 5, 2012 Document filed by The Republic of Argentina.(Boccuzzi, Carmine) Modified on 11/8/2012 (ka). |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #233 HAS BEEN REJECTED. Note to Attorney Robert A. Cohen : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) |
| Filing 233 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for expedited orders resolving that remand and confirming that this Courts injunction is now effective. Document filed by NML Capital, Ltd. (Attachments: #1 Exhibit A-J)(Cohen, Robert) Modified on 11/7/2012 (db). |
| Filing 231 MANDATE of USCA (Certified Copy) as to #191 Notice of Appeal filed by The Republic of Argentina USCA Case Number 11-4100-con. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/17/2012. (nd) |
| Filing 230 MANDATE of USCA (Certified Copy) as to #193 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 11-4248-cv(L). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED as MOOT and the judgment of the United States District Court for the Southern District of New York is VACATED . The case is REMANDED to the District Court with directions to DISMISS NML's motion to confirm and the Republic's and AR-SAT's cross-motion to vacate the judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/12/2012. (nd) |
| Filing 232 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. The Republic of Argentina served on 6/11/2010, answer due 7/2/2010. Service was accepted by Ms. Andriano - Legal. Document filed by NML Capital, Ltd. (ft) |
| Filing 229 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 NML Capital, Ltd. (cd) |
| Filing 228 OPINION re: (448 in 1:05-cv-02434-TPG) MOTION to Vacate (433) Memorandum & Opinion, filed by NML Capital, Ltd., (196 in 1:09-cv-01707-TPG) MOTION to Vacate (179) Memorandum & Opinion, filed by NML Capital, Ltd., (329 in 1:08-cv-02541-TPG) MOTION to Vacate (316) Memorandum & Opinion, filed by NML Capital, Ltd., (447 in 1:03-cv-08845-TPG) MOTION to Vacate (434) Memorandum & Opinion,, filed by NML Capital, Ltd., (327 in 1:08-cv-03302-TPG) MOTION to Vacate (313) Memorandum & Opinion, filed by NML Capital, Ltd., (305 in 1:07-cv-06563-TPG) MOTION to Vacate (292) Memorandum & Opinion, filed by NML Capital, Ltd., (346 in 1:08-cv-06978-TPG) MOTION to Vacate (327) Memorandum & Opinion, filed by NML Capital, Ltd., (369 in 1:06-cv-06466-TPG) MOTION to Vacate (354) Memorandum & Opinion, filed by NML Capital, Ltd., (197 in 1:09-cv-01708-TPG) MOTION to Vacate (180) Memorandum & Opinion, filed by NML Capital, Ltd., (317 in 1:07-cv-01910-TPG) MOTION to Vacate (304) Memorandum & Opinion, filed by NML Capital, Ltd., (320 in 1:07-cv-02690-TPG) MOTION to Vacate (306) Memorandum & Opinion, filed by NML Capital, Ltd. For essentially the same reasons stated at the hearing held on August 30, 2011, the court denies plaintiff's current motion. This opinion resolves the motion listed as document number 447 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 8/14/2012) (lmb) |
| Filing 227 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 225 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 7/18/2012 re: Counsel for plaintiffs write to propose that NML file and serve its reply in support of its Supplemental Memorandum of Law in Support of Motions to Compel and for Sanctions [against Banco de la Nacion Argentina ("BNA")], on July 31, 2012. ENDORSEMENT: Approved., ( Replies due by 7/31/2012.) (Signed by Judge Thomas P. Griesa on 7/23/2012) (pl) |
| Filing 226 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. R.H. Barrientos - V.P.. Document filed by NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm) |
| Filing 224 DECLARATION of Mark S. Sullivan in Opposition re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Sullivan, Mark) |
| Filing 223 MEMORANDUM OF LAW in Opposition re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 222 DECLARATION of Eric C. Kirsch in Support re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Cohen, Robert) |
| Filing 221 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #212 Endorsed Letter, Set Deadlines, Set Hearings,,,,,, #220 Notice of Appeal, filed by The Republic of Argentina, #210 Endorsed Letter, Set Deadlines/Hearings,, #215 Memorandum of Law in Opposition filed by The Republic of Argentina, #219 Order,,,,,, #216 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #218 Order on Motion for Miscellaneous Relief,,,,, #217 Endorsed Letter, Set Hearings,,,,,, #214 Declaration in Opposition, filed by The Republic of Argentina, #211 Endorsed Letter, Set Deadlines/Hearings,,,, #213 Declaration in Opposition, filed by The Republic of Argentina, #206 Notice of Appeal filed by The Republic of Argentina, #195 Answer to Amended Complaint filed by The Republic of Argentina, #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. filed by NML Capital, Ltd., #205 Declaration filed by NML Capital, Ltd., #196 MOTION to Vacate #179 Memorandum & Opinion, filed by NML Capital, Ltd., #209 Declaration in Support of Motion, filed by NML Capital, Ltd., #203 Memorandum of Law in Support filed by NML Capital, Ltd., #200 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #201 Order, #204 Declaration in Support filed by NML Capital, Ltd., #202 Order to Show Cause, filed by NML Capital, Ltd., #208 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #199 Response in Opposition to Motion, filed by The Republic of Argentina, #198 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #197 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #194 Amended Complaint filed by NML Capital, Ltd., #192 Order, #193 Notice of Appeal filed by NML Capital, Ltd., #64 Declaration,,,, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines,,,, #11 Order, Set Deadlines/Hearings,,,,,,,, #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint. filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach,,,,,,, #188 Memorandum & Opinion, #130 Endorsed Letter,,, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,. filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings,,,,,, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment,, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings,,,, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order,,,, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,. filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order,,,, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due. filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,. filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause,,,,,,,, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion,, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines,,,,,, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order,, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion,, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion,,,,, #43 Endorsed Letter,, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #220 Notice of Appeal,. (nd) |
| Filing 220 NOTICE OF APPEAL from #201 Order, #218 Order on Motion for Miscellaneous Relief,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-7259121. (Boccuzzi, Carmine) |
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Filing 219
ORDER PURSUANT TO FRCP 62(C). It is HEREBY ORDERED that: 1. Pursuant to Rule 62(c) of the Federal Rules of Civil Procedure, the effect of the February 23, 2012 Orders is stayed until the U.S. Court of Appeals for the Second Circuit has issued its mandate disposing of the Republic's appeal of the February 23, 2012 Orders. 2. To secure Plaintiffs' rights during the pendency of the Republic's appeals of the February 23, 2012 Orders to the Second Circuit, it is ordered that the Republic shall not during the pendency of the appeal to the Second Circuit take any action to evade the directives of the February 23, 2012 Orders in the event they are affirmed, render them ineffective in the event they are affirmed, or diminish the Court's ability to supervise compliance with the February 23, 2012 Orders in the event they are affirmed, including without limitation, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without prior approval of the Court. 3. With consent of the Plaintiffs and on terms agreeable to the parties, the Republic shall file a motion in the Second Circuit requesting that the court of appeals accord the Republic's forthcoming appeal of the February 23, 2012 Orders expedited treatment in accordance with a schedule agreed upon by the parties. 4. This Court shall retain jurisdiction to monitor and enforce this ORDER, and, on notice to the parties, to modify, amend, or extend it as justice requires to achieve its equitable purposes and to account for materially changed circumstances, including any failure by the Republic to abide by Paragraph (2) herein. (Signed by Judge Thomas P. Griesa on 3/5/2012) (rjm)
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Filing 218
Vacated as per Judge's Order dated 4/22/2016, Doc. # 611. ORDER granting #207 Motion. It is DECLARED, ADJUDGED, and DECREED that NML is irreparably harmed by and has no adequate remedy at law for the Republic's ongoing violations of Paragraph I (c) of the FAA, and that the equities and public interest strongly support issuance of equitable relief to prevent the Republic from further violating Paragraph 1 (c) of the FAA in the manner that is set forth in paragraphs 1(a-d) of this Order. The Republic accordingly is permanently ORDERED to specifically perform its obligations to NML under Paragraph I (c) of the FAA in the manner that is set forth in 2(a-f) of this Order. NML shall be entitled to discovery to confirm the timing and amounts of the Republic's payments under the terms of the Exchange Bonds; the amounts the Republic owes on these and other obligations; and such other information as appropriate to confirm compliance with this ORDER. 4. The Republic is permanently PROHIBITED from taking action to evade the directives of this ORDER, render it ineffective, or to take any steps to diminish the Court's ability to supervise compliance with the ORDER, including, but not limited to, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without obtaining prior approval of the Court. (Signed by Judge Thomas P. Griesa on 2/23/2012) (pl) Modified on 4/22/2016 (tro).
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Filing 217
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 2/15/2012 re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write to confirm that the consolidated hearing on NML's motion for a preliminary injunction, which was made by ex parte "Order to Show Cause Why a Preliminary Injunction Should Not Issue, with Temporary Restraining Order" on January 3, 2012, and on the permanent injunction sought in NML's "Renewed Motion for Specific Performance of the Equal Treatment Provision" dated January 6, 2012, which was previously scheduled to be held on February 15, 2012, has been rescheduled for 11:00 a.m. on February 23, 2012. ENDORSEMENT: Approved. ( Show Cause Hearing set for 2/23/2012 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/17/2012) (djc)
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| Filing 216 REPLY MEMORANDUM OF LAW in Support re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 215 MEMORANDUM OF LAW in Opposition re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision., #202 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 214 DECLARATION of Matias Isasa, Dated February 1, 2012 in Opposition re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision., #202 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 213 DECLARATION of Carmine D. Boccuzzi, Dated February 1, 2012 in Opposition re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision., #202 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-F, #2 Exhibit G)(Boccuzzi, Carmine) |
| Filing 212 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 1/13/2012 re: We request that, on February 15, 2012, at 10:30 a.m. (a date and time John Beale has said are available) the Court hold a consolidated hearing on both NML's motion for a preliminary injunction, and on the permanent injunction sought in NML's "Renewed Motion for Specific Performance of the Equal Treatment Provision," dated January 6, 2012, a hearing date for which has not yet been set. ENDORSEMENT: Approved. (Responses due by 2/1/2012. Replies due by 2/13/2012.), (Show Cause Hearing set for 2/15/2012 at 10:30 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/19/2012) (rjm) |
| Filing 211 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 1/9/2012 re: Counsels jointly request to adjourn the hearing on the preliminary injunction to 2:30 p.m. on January 2012 (a date and time that Mr. Beale has said are convenient for the Court), and to modify the briefing schedule so that the Republic's responsive papers are due on 1/17/2012, and NML's reply papers are due on 1/23/2012. ENDORSEMENT: Approved. (Responses due by 1/17/2012, Replies due by 1/23/2012, Show Cause Hearing set for 1/25/2012 at 02:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/10/2012) (ft) |
| Filing 210 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 1/6/2011 re: I have agreed to adjourn the hearing on the preliminary injunction to 2:30 p.m. on January 25, 2012. ENDORSEMENT: Approved. (Show Cause Hearing set for 1/25/2012 at 02:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/9/2012) (jar) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #206 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #206 Notice of Appeal filed by The Republic of Argentina, #195 Answer to Amended Complaint filed by The Republic of Argentina, #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. filed by NML Capital, Ltd., #205 Declaration filed by NML Capital, Ltd., #196 MOTION to Vacate #179 Memorandum & Opinion, filed by NML Capital, Ltd., #209 Declaration in Support of Motion, filed by NML Capital, Ltd., #203 Memorandum of Law in Support filed by NML Capital, Ltd., #200 Reply Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #201 Order, #204 Declaration in Support filed by NML Capital, Ltd., #202 Order to Show Cause, filed by NML Capital, Ltd., #208 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #199 Response in Opposition to Motion, filed by The Republic of Argentina, #198 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #197 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #194 Amended Complaint filed by NML Capital, Ltd., #192 Order, #193 Notice of Appeal filed by NML Capital, Ltd., #64 Declaration,,,, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines,,,, #11 Order, Set Deadlines/Hearings,,,,,,,, #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint. filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach,,,,,,, #188 Memorandum & Opinion, #130 Endorsed Letter,,, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,. filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings,,,,,, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment,, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings,,,, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order,,,, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,. filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order,,,, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due. filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,. filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause,,,,,,,, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion,, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines,,,,,, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order,, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion,, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion,,,,, #43 Endorsed Letter,, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #13 Order,,,,,, #38 Order,,,,,,,, #156 Declaration in Support of Motion,, filed by NML Capital, Ltd., #86 Rule 56.1 Statement filed by NML Capital, Ltd., #167 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #51 Joinder, filed by The Republic of Argentina, #65 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #84 Declaration in Support of Motion, filed by NML Capital, Ltd., #28 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #97 Notice of Appearance fil |
| Filing 209 DECLARATION of Robert A. Cohen in Support re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Cohen, Robert) |
| Filing 208 MEMORANDUM OF LAW in Support re: #207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Cohen, Robert) |
| Filing 206 NOTICE OF APPEAL from #201 Order,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-7084019. (Boccuzzi, Carmine) |
| Filing 205 DECLARATION of Eric C. Kirsch re: #202 Order to Show Cause,,,,. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 204 DECLARATION of Robert A. Cohen in Support re: #202 Order to Show Cause,,,,. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cohen, Robert) |
| Filing 203 MEMORANDUM OF LAW in Support re: #202 Order to Show Cause,,,,. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 202
ORDER TO SHOW CAUSE filed by NML Capital, Ltd.. Defendant shall show cause as to why an order should not be entered, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining the defendant during the pendency of this action from altering or amending the processes or specific transfer mechanisms (including the use of specific firms) by which it makes payments due to holders of bonds or other securities issued pursuant to its 2005 and 2010 exchange offers, including without limitation by using agents, financial intermediaries and financial vehicles other than those used at the time of this Order. Answering papers, if any, shall be served by hand delivery or electronic mail upon counsel for NML, Dechert LLP, 1095 Avenue of the Americas, New York, NY 10036, attention Robert A. Cohen, Esq. (robert.cohen@dechert.com), on or before January 10, 2012 at 6:00 p.m. Reply papers, if any shall be served by hand delivery or electronic mail on council for Argentina on or before January 13, 2012 at 6:00 p.m. Show Cause Hearing set for 1/17/2012 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 1/3/2012) (rdz)
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Filing 201
ORDER: IT IS HEREBY Ordered that the motion for partial summary judgment pursuant to Rule 56(a) is GRANTED. It is DECLARED, ADJUDGED, and DECREED that the Republic is required under Paragraph 1(c) of the FAA at all times to rank its payment obligations pursuant to NMLs Bonds at least equally with all the Republics other present and future unsecured and unsubordinated External Indebtedness, as further set forth within this Order. (Signed by Judge Thomas P. Griesa on 12/7/2011) (jfe)
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| Filing 200 REPLY MEMORANDUM OF LAW in Support re: #196 MOTION to Vacate #179 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Sher, Jeremy) |
| Filing 199 RESPONSE in Opposition re: #196 MOTION to Vacate #179 Memorandum & Opinion,. / The Republic of Argentina's Opposition to NML Capital LTD.'s Motion Under Rule 60(B)(6)to Vacate the April 22, 2011 Opinion, dated November 4, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 198 MEMORANDUM OF LAW in Opposition re: #196 MOTION to Vacate #179 Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 197 MEMORANDUM OF LAW in Support re: #196 MOTION to Vacate #179 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 196 MOTION to Vacate #179 Memorandum & Opinion,. Document filed by NML Capital, Ltd..(Sher, Jeremy) |
| Filing 195 ANSWER to #194 Amended Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 194 AMENDED COMPLAINT against The Republic of Argentina. Document filed by NML Capital, Ltd.(ft) (ama). |
| Transmission of Notice of Appeal to the District Judge re: #193 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #193 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #192 Order, #193 Notice of Appeal filed by NML Capital, Ltd., #64 Declaration,,,, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines,,,, #11 Order, Set Deadlines/Hearings,,,,,,,, #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint. filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach,,,,,,, #188 Memorandum & Opinion, #130 Endorsed Letter,,, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,. filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings,,,,,, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment,, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings,,,, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order,,,, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,. filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order,,,, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due. filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,. filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause,,,,,,,, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion,, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines,,,,,, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order,, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion,, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion,,,,, #43 Endorsed Letter,, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #13 Order,,,,,, #38 Order,,,,,,,, #156 Declaration in Support of Motion,, filed by NML Capital, Ltd., #86 Rule 56.1 Statement filed by NML Capital, Ltd., #167 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #51 Joinder, filed by The Republic of Argentina, #65 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #84 Declaration in Support of Motion, filed by NML Capital, Ltd., #28 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #97 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #132 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #120 Endorsed Letter,,, #118 Declaration in Support of Motion, filed by NML Capital, Ltd., #152 Certificate of Service Other, filed by NML Capital, Ltd., #140 Memorandum of Law in Opposition to Motion filed by Banco De La Nacion Argentina, #88 Declaration in Support of Motion,,, filed by NML Capital, Ltd., #12 Joinder,, filed by NML Capital, Ltd., #126 Declaration in Opposition to Motion filed by The Republic of Argentina, #34 Memorandum of Law in Opposition filed by The Republic of Argentina, #177 Declaration in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #144 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #187 Memorandum & Opinion,, #101 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #70 Declaration in Support of Motion, filed by The Republic of Argentina, #67 Notice of Appeal filed by NML |
| USCA Appeal Fees received $ 455.00 receipt number 12465400014 on 10/3/2011 re: #191 Notice of Appeal filed by The Republic of Argentina. (tp) |
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Filing 192
ORDER: On September 20, 2011, the Republic requested via letter that the court stay its ruling pending appeal and issue a certification pursuant to 28 U.S.C. 1292(b). The Republic's requests are denied. (Signed by Judge Thomas P. Griesa on 10/4/2011) (jfe)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #191 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #191 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #64 Declaration,,,, filed by NML Capital, Ltd., #81 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #78 Stipulation and Order, Set Scheduling Order Deadlines,,,, #11 Order, Set Deadlines/Hearings,,,,,,,, #139 Declaration in Opposition to Motion, filed by Banco De La Nacion Argentina, #142 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #136 Memorandum of Law filed by NML Capital, Ltd., #94 MOTION to Amend/Correct the Complaint. filed by NML Capital, Ltd., #175 Reply Memorandum of Law in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #155 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #158 Order, #153 Order on Motion to Attach,,,,,,, #188 Memorandum & Opinion, #130 Endorsed Letter,,, #42 Declaration filed by NML Capital, Ltd., #124 Declaration in Opposition to Motion, filed by The Republic of Argentina, #111 Declaration filed by The Republic of Argentina, #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,. filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #14 Notice of Appeal filed by The Republic of Argentina, #189 Order on Motion to Amend/Correct, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. filed by NML Capital, Ltd., #164 Memorandum of Law, filed by The Republic of Argentina, #49 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #22 Order, #128 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #60 Stipulation and Order, Set Deadlines/Hearings,,,,,, #17 Declaration filed by NML Capital, Ltd., #145 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #127 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #109 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #96 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #8 Answer to Complaint filed by The Republic of Argentina, #138 Declaration, filed by NML Capital, Ltd., #137 Declaration filed by NML Capital, Ltd., #62 Memorandum of Law in Support filed by NML Capital, Ltd., #57 Order of Attachment,, #183 Joinder filed by The Republic of Argentina, #133 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #36 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #73 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #30 Memorandum of Law in Support filed by NML Capital, Ltd., #98 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #185 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #166 Memorandum of Law in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #122 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #85 Declaration in Support of Motion, filed by NML Capital, Ltd., #90 Declaration in Support of Motion, filed by NML Capital, Ltd., #161 Reply Memorandum of Law filed by NML Capital, Ltd., #143 Memorandum of Law in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #40 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #106 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #184 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #74 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #15 Endorsed Letter, Set Deadlines/Hearings,,,, #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. filed by NML Capital, Ltd., #95 Declaration in Support of Motion, filed by NML Capital, Ltd., #100 Order,,,, #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,. filed by NML Capital, Ltd., #174 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #68 USCA Mandate, #52 Order,,,, #171 Memorandum of Law in Opposition to Motion filed by NML Capital, Ltd., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. filed by NML Capital, Ltd., #89 MOTION for Summary Judgment for Principal and Interest Due. filed by NML Capital, Ltd., #33 Declaration in Opposition filed by The Republic of Argentina, #141 Declaration in Opposition to Motion filed by Banco De La Nacion Argentina, #31 Declaration, filed by NML Capital, Ltd., #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. filed by NML Capital, Ltd., #24 Declaration filed by The Republic of Argentina, #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,. filed by NML Capital, Ltd., #129 Certificate of Service Other filed by The Republic of Argentina, #80 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #151 Affidavit of Service Other, filed by NML Capital, Ltd., #19 Order to Show Cause,,,,,,,, #105 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. filed by The Republic of Argentina, #149 Declaration in Support of Motion,, filed by NML Capital, Ltd., #29 Affidavit of Service Other, filed by NML Capital, Ltd., #159 Notice of Appearance filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #125 Declaration in Opposition to Motion, filed by The Republic of Argentina, #54 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #16 Declaration filed by NML Capital, Ltd., #59 Endorsed Letter, #61 Memorandum & Opinion, #71 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #77 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #150 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #135 Endorsed Letter, #7 Declaration, filed by NML Capital, Ltd., #114 Endorsed Letter, Set Deadlines,,,,,, #93 Declaration in Support of Motion filed by NML Capital, Ltd., #168 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #48 Response filed by Banco Central de la Republica Argentina, #119 Declaration in Support of Motion,, filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #82 Stipulation and Order, Consent Order,, #47 Joinder, filed by The Republic of Argentina, #108 Declaration in Support of Motion,, filed by NML Capital, Ltd., #116 Memorandum of Law in Support of Motion, filed by NML Capital, Ltd., #172 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #112 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #123 Counter Statement to Rule 56.1 filed by The Republic of Argentina, #32 Certificate of Service Other filed by NML Capital, Ltd., #26 Certificate of Service Other filed by The Republic of Argentina, #173 Reply Affirmation in Support of Motion, filed by NML Capital, Ltd., #190 Memorandum & Opinion,,,,, #43 Endorsed Letter,, #179 Memorandum & Opinion, #9 Certificate of Service Other filed by The Republic of Argentina, #191 Notice of Appeal filed by The Republic of Argentina, #20 Affidavit of Service Other filed by NML Capital, Ltd., #182 Memorandum of Law in Opposition to Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #56 Order to Show Cause, #170 Certificate of Service Other filed by The Republic of Argentina, #110 Joinder filed by The Republic of Argentina, #87 Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #13 Order,,,,,, #38 Order,,,,,,,, #156 Declaration in Support of Motion,, filed by NML Capital, Ltd., #86 Rule 56.1 Statement filed by NML Capital, Ltd., #167 Declaration in Support of Motion, filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #51 Joinder, filed by The Republic of Argentina, #65 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #84 Declaration in Support of Motion, filed by NML Capital, Ltd., #28 Reply Memorandum of Law in Support filed by NML Capital, Ltd., #97 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #132 Reply Memorandum of Law in Support of Motion filed by NML Capital, Ltd., #120 Endorsed Letter,,, #118 Declaration in Support of Motion, filed by NML Capital, Ltd., #152 Certificate of Service Other, filed by NML Capital, Ltd., #140 Memorandum of Law in Opposition to Motion filed by Banco De La Nacion Argentina, #88 Declaration in Support of Motion,,, filed by NML Capital, Ltd., #12 Joinder,, filed by NML Capital, Ltd., #126 Declaration in Opposition to Motion filed by The Republic of Argentina, #34 Memorandum of Law in Opposition filed by The Republic of Argentina, #177 Declaration in Support of Motion filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"), #144 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #187 Memorandum & Opinion,, #101 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #70 Declaration in Support of Motion, filed by The Republic of Argentina, #67 Notice of Appeal filed by NML Capital, Ltd., #147 Declaration filed by The Republic of Arge |
| Filing 193 NOTICE OF APPEAL [ Filed in Night Deposit box ] from #179 Opinion, #186 Opinion,. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number 465401018218. (nd) |
| Filing 191 NOTICE OF APPEAL from #187 Opinion,,. Document filed by The Republic of Argentina. (nd) |
| Appeal Remark as to #191 Notice of Appeal filed by The Republic of Argentina. $455.00 APPEAL FILING FEE DUE. (nd) |
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Filing 190
OPINION re: #89 MOTION for Summary Judgment for Principal and Interest Due filed by NML Capital, Ltd. The motion for partial summary judgment is granted. Judgment will be entered for the principal amounts of the bonds plus accrued interest in each of the three above-captioned cases. The parties shall consult with one another concerning the form of the judgments and the amounts of interest that should be awarded in the judgments. If the parties are able to reach agreement on those subjects, they shall jointly submit agreed proposed judgments to the Court. If the parties are unable to reach agreement on those subjects, plaintiff shall submit proposed judgments to the Court, and the Republic shall submit any objections to the proposed judgments 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." This opinion resolves the motion listed as document number 232 in case 08 Civ. 6978, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/28/2011) (lmb) Modified on 9/28/2011 (lmb). Modified on 9/28/2011 (lmb).
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Filing 189
ORDER granting #94 Motion to Amend/Correct #1 Complaint. On October 20, 2010, NML Capital, Ltd. moved for leave to amend its complaint. For the reasons stated on the record at the hearing held on September 28, 2011, the court grants plaintiffs motion. This opinion resolves the motion listed as document number 237 in case 08 Civ. 6978, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/28/2011) (lmb)
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| Filing 188 OPINION: The Court grants the motion to quash the subpoena and denies the motion to compel compliance therewith. The Court will discuss with the parties other means of discovery to obtain the information which plaintiffs are now legitimately seeking. This opinion resolves the motions listed as documents numbers 358 and 375 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 187 OPINION: For the reasons stated on the record at the hearing on August 30, 2011, the court grants Plaintiffs motion to compel Bank of America and BNA to comply with the subpoenas, subject to modifications of details. The Court denies the Republic's motion to quash the subpoena served on Bank of America. The opinion resolves the motions listed as document numbers 306 and 365 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 186 OPINION: On May 6. 2011 NML Capital, Ltd. Moved for reconsideration of the Court's April 22, 2011 opinion. For the reasons stated on the record at the hearing held on August 30, 2011, the court denies plaintiff's motion. This opinion resolves the motion listed as document number 435 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz) |
| Filing 185 NOTICE OF APPEARANCE by Edward David Sherwin on behalf of Bank for International Settlements, Jaime Caruana (Sherwin, Edward) |
| Filing 184 REPLY MEMORANDUM OF LAW in Support re: #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 183 JOINDER to join re: #182 Memorandum of Law in Opposition to Motion ,with Certificate of Service of Richard V. Conza, dated May 20, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 182 MEMORANDUM OF LAW in Opposition re: #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 181 MEMORANDUM OF LAW in Support re: #180 MOTION for Reconsideration re; #179 Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 180 MOTION for Reconsideration re; #179 Memorandum & Opinion,. Document filed by NML Capital, Ltd..(Jacob, Charles) |
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Filing 179
OPINION: NML's motion to confirm the order of attachment is denied. The cross-motion of AR-SAT and the Republic is granted, and the February 7, 2011 order of attachment is vacated. The court denies AR-SAT's cross motion for damages. This opinion resolves the motions listed as document numbers 406, 417, and 422 in case 03 Civ. 8845, as well as the same motions in the related cases. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/21/2011) (lnl)
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| Filing 178 CERTIFICATE OF SERVICE of Brendan Cyr re #174 on April 14, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 177 DECLARATION of Federico Dosztal in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 176 DECLARATION of Steven M. Hecht in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 175 REPLY MEMORANDUM OF LAW in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 174 REPLY MEMORANDUM OF LAW in Support re: #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 173 REPLY AFFIRMATION of Charles R. Jacob III in Support re: #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Jacob, Charles) |
| Filing 172 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 171 MEMORANDUM OF LAW in Opposition re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 170 CERTIFICATE OF SERVICE of Richard V. Conza on March 22, 2011, re: #162 , #163 , #164 . Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 169 DECLARATION of Mariano Goldschmidt in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 168 DECLARATION of Joaquina Maria Berraondo in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hecht, Steven) |
| Filing 167 DECLARATION of Steven M. Hecht in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hecht, Steven) |
| Filing 166 MEMORANDUM OF LAW in Support re: #165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,., #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. AND IN OPPOSITION TO MOTION TO CONFIRM THE ORDER OF ATTACHMENT. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven) |
| Filing 165 MOTION to Vacate #153 Order on Motion to Attach,,,,,,,. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). Return Date set for 4/14/2011 at 09:00 AM. (Attachments: #1 Text of Proposed Order)(Hecht, Steven) |
| Filing 164 MEMORANDUM OF LAW of the Republic of Argentina in Opposition to Plaintiff's Motion to Confirm Ex Parte Attachment Order and in Support of Motion to Vacate Order, dated March 22, 2011, re: #154 , #162 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 163 DECLARATION of Sara A. Sanchez re: #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011., #162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Declaration dated March 22, 2011, with exhibits A-D. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 162 MOTION to Vacate #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 161 REPLY MEMORANDUM OF LAW regarding Motions to Quash and to Compel. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 160 NOTICE OF APPEARANCE by Kevin Michael Brennan on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Brennan, Kevin) |
| Filing 159 NOTICE OF APPEARANCE by Steven Michael Hecht on behalf of Empresa Argentina de Soluciones Satelitales ("AR-SAT") (Hecht, Steven) |
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Filing 158
ORDER the Court inadvertently left off cases 09-1707 and 09 cv 1708 from the 9/30/10 opinion and that opinion applies equally to these cases re: #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010, filed by The Republic of Argentina, #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders, filed by Banco De La Nacion Argentina (Signed by Judge Thomas P. Griesa on 3/1/11) (cd)
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| Filing 157 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 2/25/2011, re: We represent plaintiff NML Capital, Ltd. in the above-captioned actions and write on behalf of NML and plaintiff EM Ltd. (together "Plaintiffs"), to request a brief extension of the due date for Plaintiffs' reply submission in further support of its motions to compel compliance with certain subpoenas, and in opposition to the motions to quash those subpoenas. That submission is currently due on March 1, 2011; Plaintiffs request an extension until March 4. Neither defendant the Republic of Argentina, nor nonparties the Bank for International Settlements, Jaime Caruana, Banco de la Nacion Argentina or Bank of America objects to this request. In compliance with the Court's Individual Practice I.E, Plaintiffs disclose that several requests for extensions of time have been made in connection with the affected motions-all of which were by consent, and none of which was denied. ENDORSEMENT: Approved. Set Deadline as to #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents: Replies due by 3/4/2011. (Signed by Judge Thomas P. Griesa on 2/28/2011) (lnl) |
| Filing 156 DECLARATION of Charles R. Jacob III in Support re: #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Sher, Jeremy) |
| Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 154 MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Document filed by NML Capital, Ltd.. Return Date set for 3/14/2011 at 09:30 AM.(Sher, Jeremy) |
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Filing 153
ORDER OF ATTACHMENT granting #148 Motion to Attach in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for NML in all of the Pending NML Actions, and that the amount to be secured by this Order is $2,521,083,692.38 and as further set forth herein; FURTHER ORDERED that the attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that NML pay Argentina' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment Order if it is decided that NML is not entitled to an attachment of the Properly described above and is ordered to compensate Argentina; and it is FURTHER ORDERED that the garnishee statement required by CPLR 6219 shall be served via email and first class email, within 5 days of service on you with this Attachment Order, upon Charles R. Jacob III, Esq., Miller & Wrubel P.C., 570 Lexington Avenue, New York, NY 10022, cjacob@mw-law.com; and it is FURTHER ORDERED that you, your agents, subdivisions, officers, employees, and attorneys, and all persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Attachment Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt; (Signed by Judge Thomas P. Griesa on 2/7/11) (djc). Modified on 2/18/2011 (djc).
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| Filing 152 CERTIFICATE OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 9, 2011. Service was accepted by Audrey Acchione, person authorized to accept service. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 151 AFFIDAVIT OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 8, 2011. Service was accepted by CSC (Corporate Services Company) as registered agent. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 150 MEMORANDUM OF LAW in Support re: #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Sher, Jeremy) |
| Filing 149 DECLARATION of Charles R. Jacob III in Support re: #148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Sher, Jeremy) |
| Filing 148 EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. Document filed by NML Capital, Ltd..(Sher, Jeremy) |
| Filing 147 DECLARATION of Rachel Goldbrenner , dated Ferbruary 10, 2011. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Blackman, Jonathan) |
| Filing 146 MEMORANDUM OF LAW /Supplemental Memorandum of Law of The Republic of Argentina in Support of Motions to Quash and in Opposition to Motions to Compel Subpoenas, dated February 10, 2011. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 145 DECLARATION of Hermann Greve in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 144 DECLARATION of Prof Dr. Ramon Mabillard LL.M. in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 143 MEMORANDUM OF LAW in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. and in Opposition to the Plaintiffs' Cross-Motion to Compel. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 142 DECLARATION of Miguel Angel Mandrile in Opposition re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 141 DECLARATION of Eduardo Alberto Barreira Delfino in Opposition re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 140 MEMORANDUM OF LAW in Opposition re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 139 DECLARATION of Mark S. Sullivan in Opposition re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Sullivan, Mark) |
| Filing 138 DECLARATION of Eric C. Kirsch. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Cohen, Robert) |
| Filing 137 DECLARATION of ERIC C. KIRSCH. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B PT 1 OF 2, #3 Exhibit B PT 2 OF 2, #4 Exhibit C)(Cohen, Robert) |
| Filing 136 SUPPLEMENTAL MEMORANDUM OF LAW REGARDING MOTIONS TO QUASH AND COMPEL. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
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Filing 135
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Raymond N. Hunnigan dated 1/14/2011 re: Counsel writes to request leave to submit the enclosed memorandum on behalf of the Emerging Markets Creditors Association, as amicus curiae. ENDORSEMENT: Permission granted. So Ordered. (Signed by Judge Thomas P. Griesa on 1/18/2011) (jfe)
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| Filing 134 DECLARATION of Robert A. Cohen in Support re: #94 MOTION to Amend/Correct the Complaint.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Cohen, Robert) |
| Filing 133 REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Amend/Correct the Complaint.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 132 REPLY MEMORANDUM OF LAW in Support re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 131 REPLY MEMORANDUM OF LAW in Support re: #89 MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 130 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 1/11/2011, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and as directed by the Court at the end of the December 17, 2010 motion conference in these actions (the "Motion Conference"), write on behalf of NML and EM Ltd. (together "Plaintiffs"), nonparties the Bank for International Settlements and Jaime Caruana (together, the "BIS Nonparties"), nonparty Banco de la Nacion Argentina ("BNA"), nonparty Bank of America ("BofA") and defendant the Republic of Argentina (the "Republic") to propose a schedule for further briefing in connection with various discovery-related motions now pending in these actions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/13/2011) (lnl) |
| Set Deadline as to #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. BIS Reply Memorandum due by 2/10/2011. (lnl) |
| Set Deadline as to #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Plaintiffs' Reply Memorandum due by 3/1/2011. (lnl) |
| Filing 129 CERTIFICATE OF SERVICE of Richard V. Conza on December 10, 2010, re: #122 , #123 , #124 , #125 , #126 , #127 , #128 . Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 128 MEMORANDUM OF LAW in Opposition re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 127 COUNTER STATEMENT TO #86 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 126 DECLARATION of Stephen Choi, dated December 10, 2010 in Opposition re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 125 DECLARATION of Carmine D. Boccuzzi, dated December 10, 2010 in Opposition re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A through B, #2 Exhibit C through D, #3 Exhibit E through G, #4 Exhibit H through L, #5 Exhibit M through N, #6 Exhibit O through T, #7 Exhibit U through HH)(Boccuzzi, Carmine) |
| Filing 124 DECLARATION of Carmine D. Boccuzzi, dated December 10, 2010 in Opposition re: #94 MOTION to Amend/Correct the Complaint., #89 MOTION for Summary Judgment for Principal and Interest Due.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A through C, #2 Exhibit D through F, #3 Exhibit G through H)(Boccuzzi, Carmine) |
| Filing 123 COUNTER STATEMENT TO #91 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 122 MEMORANDUM OF LAW in Opposition re: #94 MOTION to Amend/Correct the Complaint., #89 MOTION for Summary Judgment for Principal and Interest Due.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 121 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Mark S. Sullivan, dated 11/30/2010, re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the revised briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 10, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; January 13, 2011: Plaintiff's reply memorandum in support of Motion, and any supporting papers. The Court previously endorsed a briefing schedule with the respective papers due on December 1 and December 15. However, logistics issues, including the translation of documents, caused BNA to request the revised schedule, to which all of the parties have consented. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl) |
| Filing 120 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 12/1/2010, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write on behalf of NML and EM Ltd. ("EM", and together with NML "Plaintiffs"), and non parties Jaime Caruana and the Sank for International Settlements ("BIS"), to request an adjournment of the schedule for further briefing on Mr. Caruana and the BIS's pending motion to quash, and Plaintiffs' pending cross motion to compel (collectively, the "BIS Motions"). The parties have agreed to the following proposed schedule for further briefing on the BIS Motions: December 21, 2010 Mr. Caruana and the BIS's reply in support of motion to quash and opposition to motion to compel January 14, 2011 Plaintiffs' reply in support of motion to compel. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl) |
| Filing 119 DECLARATION of Dennis H. Hranitzky in Opposition to Motion to Quash Subpoena and in Support re: #115 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C 1 OF 2, #4 Exhibit C 2 OF 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Hranitzky, Dennis) |
| Filing 118 DECLARATION of Saverio Lembo in Opposition to Motion to Quash Subpoena and in Support re: #115 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 117 DECLARATION of Alex Cukierman Ph.D in Opposition to Motion to Quash Subpoena and in Support re: #115 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 1OF3, #10 Exhibit 9 2OF3, #11 Exhibit 9 3OF3, #12 Exhibit 10 1OF2, #13 Exhibit 10 2OF2, #14 Exhibit 11, #15 Exhibit 12)(Hranitzky, Dennis) |
| Filing 116 MEMORANDUM OF LAW in Support re: #115 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. and in Opposition to Motion to Quash Subpoena. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 115 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
| Filing 114 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated November 4, 2010 re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the following, agreed briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 1, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; December 15, 2010: Plaintiff's reply memorandum in support of Motion, and any supporting papers. ENDORSEMENT: Approved. ( Responses due by 12/1/2010, Replies due by 12/15/2010.) (Signed by Judge Thomas P. Griesa on 11/8/20/10) (jmi) Modified on 11/10/2010 (jmi). |
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Filing 113
STIPULATION AND ORDER The Republic shall have until December 10, 2010 to serve papers in response to the following motions filed by plaintiffs On October 20, 2010: (1) Motion for Partial Summary Judgment And for Injunctive Relief Pursuant to the Equal Treatment Provision; (2) Motion for Leave to Amend; and (3) Motion for Partial Summary Judgment for Principal and Interest Due (the "Motions"). 2. Plaintiffs shall have until January 14, 2011 to serve reply papers, if any, in further support of the Motions 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the first request for an extension of the briefing schedule for the Motions. (Signed by Judge Thomas P. Griesa on 11/4/10) (djc)
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| Filing 111 DECLARATION of Rachel Goldbrenner, dated November 3, 2010, re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana., #110 Joinder. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 110 JOINDER to join re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 109 MEMORANDUM OF LAW in Support re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 108 DECLARATION of Joshua I. Sherman in Support re: #107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Cohen, Robert) |
| Filing 107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents. Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 112
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 10/25/2010 re: Counsel request that the Court endorse the following, agreed briefing schedule for the non-parties' October 21, 2010 Motion to Quash the Subpoena Served on Jaime Caruana (the "Motion"): November 19, 2010: Plaintiffs memorandum in opposition to Motion, and any supporting papers (otherwise due October 28, 2010); December 10, 2010: Non-parties' reply memorandum in support of Motion, and any supporting papers (otherwise due November 1, 2010). ENDORSEMENT: Approved. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/26/2010) (jfe)
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| Set/Reset Deadlines as to #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Responses due by 11/19/2010 Replies due by 12/10/2010. (jfe) |
| Filing 106 DECLARATION of Dr. Ramon Mabillard in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Wagner, Karen) |
| Filing 105 DECLARATION of Hermann Greve in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
| Filing 104 DECLARATION of Jaime Caruana in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen) |
| Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen) |
| Filing 102 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen) |
| Filing 101 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen) |
| Filing 99 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Bank for International Settlements, Jaime Caruana (Kerr, James) |
| Filing 98 NOTICE OF APPEARANCE by Jennifer Gillian Newstead on behalf of Bank for International Settlements, Jaime Caruana (Newstead, Jennifer) |
| Filing 97 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Jaime Caruana, Bank for International Settlements (Wagner, Karen) |
| Filing 96 MEMORANDUM OF LAW in Support re: #94 MOTION to Amend/Correct the Complaint.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 95 DECLARATION of Robert A. Cohen in Support re: #94 MOTION to Amend/Correct the Complaint.. 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)(Cohen, Robert) |
| Filing 94 MOTION to Amend/Correct the Complaint. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 93 DECLARATION of Elliot Greenberg in Support re: #89 MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cohen, Robert) |
| Filing 92 MEMORANDUM OF LAW in Support re: #89 MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 91 RULE 56.1 STATEMENT. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 90 DECLARATION of Robert A. Cohen in Support re: #89 MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Cohen, Robert) |
| Filing 89 MOTION for Summary Judgment for Principal and Interest Due. Document filed by NML Capital, Ltd..(Cohen, Robert) |
| Filing 88 DECLARATION of Robert A. Cohen in Support re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H PT 1 OF 3, #9 Exhibit H PT 2 OF 3, #10 Exhibit H PT 3 OF 3, #11 Exhibit I PT 1 OF 3, #12 Exhibit I PT 2 OF 3, #13 Exhibit I PT 3 OF 3, #14 Exhibit J, #15 Exhibit K PT 1 OF 4, #16 Exhibit K PT 2 OF 4, #17 Exhibit K PT 3 OF 4, #18 Exhibit K PT 4 OF 4, #19 Exhibit L, #20 Exhibit M, #21 Exhibit N, #22 Exhibit O, #23 Exhibit P, #24 Exhibit Q, #25 Exhibit R, #26 Exhibit S, #27 Exhibit T, #28 Exhibit U, #29 Exhibit V, #30 Exhibit W, #31 Exhibit X, #32 Exhibit Z PT 1 OF 2, #33 Exhibit Z PT 2 OF 2)(Cohen, Robert) |
| Filing 87 MEMORANDUM OF LAW in Support re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 86 RULE 56.1 STATEMENT. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 85 DECLARATION of Elliot Greenberg in Support re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cohen, Robert) |
| Filing 84 DECLARATION of Hal S. Scott in Support re: #83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohen, Robert) |
| Filing 83 MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision. Document filed by NML Capital, Ltd..(Cohen, Robert) |
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Filing 100
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 10/19/2010) (jpo)
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Filing 82
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 81 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine) |
| Filing 80 REPLY MEMORANDUM OF LAW in Opposition re: #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
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Filing 79
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 78
STIPULATION AND ORDER, that 1. With respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. 2. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before September 21, 2010. (Signed by Judge Thomas P. Griesa on 8/13/10) (pl)
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| Filing 77 DECLARATION of Geoffrey P. Miller in Support re: #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sullivan, Mark) |
| Filing 76 DECLARATION of Hernan Del Villar in Support re: #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark) |
| Filing 75 DECLARATION of Eduardo Barreira Delfino in Support re: #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 74 DECLARATION of Juan Carlos Fabrega in Support re: #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit D, Part 3, #7 Exhibit D, Part 4, #8 Exhibit D, Part 5, #9 Exhibit D, Part 6, #10 Exhibit D, Part 7, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H)(Sullivan, Mark) |
| Filing 73 MEMORANDUM OF LAW in Support re: #72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Memorandum of Law of Banco De La Nacion Argentina (1) In Further Opposition to Plaintiffs" Motion For Consideration of the Court's September 30, 2009 Opinion; (2) In Opposition to Plaintiffs' Motion to Confirm and in Support of Its Motion to Vacate May 28, 2010 Ex Parte Attachment Orders and (3) In Opposition to Plaintiff's' Motion for Leave to Amend Their Alter Ego Complaint. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 72 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark) |
| Filing 71 MEMORANDUM OF LAW in Support re: #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. / Memorandum of Law of the Republic of Argentina in Support of Motion to Vacate the 2010 Orders and in Opposition to Plaintiffs' Motions (i) to Confirm the 2010 Orders; (ii) for Reconsideration of Alter Ego Decision; and (iii) to Amend Alter Ego Complaint. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 70 DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: #69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit Exhibits A-O)(Moore, Christopher) |
| Filing 69 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Moore, Christopher) |
| Filing 68 MANDATE of USCA (Certified Copy) as to #67 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 10-2849....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2010. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #67 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #67 Notice of Appeal. (nd) |
| Filing 67 NOTICE OF APPEAL from #61 Memorandum & Opinion. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number E 909072. (nd) |
| Filing 66 MANDATE of USCA (Certified Copy) as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (129 in 1:08-cv-03302-TPG) Notice of Appeal filed by The Republic of Argentina, (192 in 1:05-cv-02434-TPG) Notice of Appeal, filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (144 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01707-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (214 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01708-TPG) Notice of Appeal filed by The Republic of Argentina, (113 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (132 in 1:08-cv-02541-TPG) Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). Ordered, Adjudged and Decreed that the order of the District Court holding Defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: (339 in 1:05-cv-02434-TPG, 210 in 1:07-cv-02690-TPG, 209 in 1:08-cv-06978-TPG, 323 in 1:03-cv-08845-TPG, 212 in 1:07-cv-01910-TPG, 224 in 1:08-cv-03302-TPG, 66 in 1:09-cv-01707-TPG, 73 in 1:05-cv-10380-TPG, 70 in 1:05-cv-10382-TPG, 67 in 1:09-cv-01708-TPG, 395 in 1:03-cv-02507-TPG, 255 in 1:07-cv-02693-TPG, 199 in 1:07-cv-06563-TPG, 261 in 1:06-cv-06466-TPG, 328 in 1:07-cv-11327-TPG, 345 in 1:07-cv-02715-TPG, 227 in 1:08-cv-02541-TPG) USCA Mandate,. (nd) |
| Set/Reset Deadlines: Motions due by 7/30/2010. Replies due by 8/30/2010. Responses due by 8/13/2010 (jfe) |
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Filing 65
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 64 DECLARATION of Suzanne M. Grosso in Support of Motion to Confirm Attachment Orders entered on May 28, 2010; in Further Support of Plaintiffs' Motion for Reconsideration and in Support of their Motion for Leave to Amend the Alter-Ego Complaint. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Hranitzky, Dennis) |
| Filing 63 MEMORANDUM OF LAW in Support re: #58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 62 SUPPLEMENTAL MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Reconsideration and in Support of their Motion for Leave to Amend the Alter-Ego Complaint. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
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Filing 61
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 60
STIPULATION AND CONSENT ORDER: It is hereby ordered that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their opening brief and any supporting papers on or before June 30, 2010, Defendants shall submit their opposition brief and any supporting papers on or before July 21, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 4, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening brief and any supporting papers on or before July 21, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 4, 2010 and Defendants shall submit their reply brief and any supporting papers on or before August 18, 2010. With respect to the 2010 Order served on HSBC on May 28, 2010, the attachment is vacated, as set forth in this stipulation. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo)
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| Set Deadlines/Hearings: Motions due by 7/21/2010. Replies due by 8/18/2010. Responses due by 8/4/2010 (jpo) |
| Filing 59 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 58 MOTION to confirm Order of Attachment entered on May 28, 2010 re: #57 Order of Attachment,,. Document filed by NML Capital, Ltd..(Kirsch, Eric) |
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Filing 57
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 56
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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| Set Deadlines/Hearings: Show Cause Hearing set for 6/3/2010 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (jpo) |
| Filing 55 REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 54 REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 53 SEALED DOCUMENT placed in vault.(nm) |
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Filing 52
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 51 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 50 SEALED DOCUMENT placed in vault.(nm) |
| Filing 49 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 48 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 47 JOINDER to join The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 Submissions and Memorandum of Law in Further Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 46
ORDER: Plaintiffs in the above-captioned actions, EM Ltd. and NML Capital, Ltd., now move for attachment and restraining orders and writs of execution mirroring the February 23 orders entered in favor of Aurelius Capital Partners et al. In view of the fact that the District Court has determined that there is no right to process with respect to the assets in question, the application of EM and NML is denied. It is appropriate to note that because of the stay order, certain of the assets are tied up pending the appeal. EM and NML are obviously seeking to assert their rights against these tied-up assets and to further assert those rights in the event the District Court is reversed. The court states that in the event of such a reversal, appropriate steps will be taken to recognize the motion which has been made by EM and NML and to further recognize whatever rights they should obtain by virtue of their motion. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
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Filing 45
ORDER: Plaintiffs' motion to confirm this court's November 24, 2008 attachment and restraining orders and writs of execution is denied since they have been vacated by the Court of Appeals ruling properly interpreted. Plaintiffs' motion for new attachment and restraining orders and new writs of execution directed to the same assets is also denied. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
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| Filing 44 SEALED DOCUMENT placed in vault.(jri) |
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Filing 43
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 3/8/2010 re: Counsel for Banco Central de la Republica Argentina request that the Court extend the confidentiality requirements of the 2/11/2010 Ex Parte Order to additional cases as further set forth in this letter. The plaintiffs in each of these cases have been served with the 2/11/2010 Ex Parte Order. The current request is necessary to allow counsel to file under seal the already-served papers in each of those cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/12/2010) (tro)
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| Filing 42 DECLARATION of David M. Bigge Supplemental Declaration Of David M. Bigge In Support Of Plaintiffs' September 28, 2006 Motion For Orders Of Restraint And Pre-Judgment Attachment.. Document filed by NML Capital, Ltd.. (Bigge, David) |
| Filing 41 DECLARATION of Suzanne M. Grosso in Support re: #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010.. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 39 MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. Document filed by NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Cohen, Robert) |
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Filing 38
ATTACHMENT ORDER. To: ABN AMRO Bank NV, et al...; On the motion of Debevoise & Plimpton LLP, attorneys for NML and based upon the undertaking already posted as required by law, referred to below, IT IS HEREBY ORDERED that Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 U.S.C. section 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $3,114,044,402; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or NML's attorneys, EM's attorneys, and their respective employees as specially appointed pursuant to Fed. R. Civ. P. 4.1, levy upon, but refrain from taking into actual custody pending further order of this Court, the following property 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 $3,114,044,402; The attachment bond of $250,000 previously posted by EM and NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that EM and NML pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment order if it is decided that EM and NML is not entitled to an attachment of the property described above and are ordered to compensate Defendants. The garnishee statement required by CPLR section 6219 shall be served via email and first class email, within 10 days of service on you with this Attachment Order, upon Bethany Davis Noll, Esq., Debevoise and Plimpton LLP, 919 Third Avenue, NY, NY. Plaintiffs shall move within 10 days after the levy hereunder or upon such other date as the Court may set, for an order confirming this Attachment order. (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
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Filing 37
ATTACHMENT ORDER. To: Lazard. On the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML and based upon the undertaking already posted as required by law, referred to below, IT IS HEREBY ORDERED that Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 U.S.C. section 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $3,114,044,402; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or NML's attorneys, EM's attorneys, and their respective employees as specially appointed pursuant to Fed. R. Civ. P. 4.1, levy upon, but refrain from taking into actual custody pending further order of this Court, the following property 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 $3,114,044,402; The attachment bond of $250,000 previously posted by EM and NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that EM and NML pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment order if it is decided that EM and NML is not entitled to an attachment of the property described above and are ordered to compensate Defendants. The garnishee statement required by CPLR section 6219 shall be served via email and first class email, within 10 days of service on you with this Attachment Order, upon Bethany Davis Noll, Esq., Debevoise and Plimpton LLP, 919 Third Avenue, NY, NY. Plaintiffs shall move within 10 days after the levy hereunder or upon such other date as the Court may set, for an order confirming this Attachment order. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
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| Filing 36 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 35 CERTIFICATE OF SERVICE of Richard V. Conza, dated December 4, 2009, re: #33 and #34 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #30 Memorandum of Law in Support, #31 Declaration,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 33 DECLARATION of Rahul Mukhi, dated December 3, 2009 in Opposition re: #30 Memorandum of Law in Support, #31 Declaration,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-H)(Boccuzzi, Carmine) |
| Filing 32 CERTIFICATE OF SERVICE. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 31 DECLARATION of Eric C. Kirsch in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hranitzky, Dennis) |
| Filing 30 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 29 AFFIDAVIT OF SERVICE of Plaintiff's Reply to the Memorandum of Law of the Republic of Argentina in Opposition to Plaintiff's Motion for Partial Reconsideration of the August 19, 2009 Order and the [Proposed] Order. Document filed by NML Capital, Ltd.. (Jacob, Charles) |
| Filing 28 REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for Partial Reconsideration of the August 19, 2009 Order. Document filed by NML Capital, Ltd.. (Attachments: #1 Text of Proposed Order)(Jacob, Charles) |
| Filing 27 SEALED DOCUMENT placed in vault.(jri) |
| Filing 26 CERTIFICATE OF SERVICE of Richard V. Conza, Re #24 , dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 25 CERTIFICATE OF SERVICE of Richard V. Conza, Re #23 , dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 24 DECLARATION of Christopher P. Moore dated September 9, 2009, with Exhibits A - C. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 23 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Partial Reconsideration of August 19, 2009 Order, dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher) |
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Filing 22
ORDER: On 8/7/09, plaintiff filed a motion seeking the attachment of certain property of an entity known as Energia Argentina S.A., and for discovery regarding that entity. For the reasons stated at the hearings on 8/7/09 and 8/11/09, plaintiff's application is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro)
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| Filing 21 AFFIDAVIT OF SERVICE of Order to Show Cause, entered 8/7/09, served on Energia Argentina S.A. on 8/7/09. Service was accepted by Jesus Ramos, Banco de la Nacion Argentina. Document filed by NML Capital, Ltd.. (Kang, Haynee) |
| Filing 20 AFFIDAVIT OF SERVICE of Order to Show Cause, entered 8/7/09, served on The Republic of Argentina on 8/7/09. Service was accepted by Richard V. Conza. Document filed by NML Capital, Ltd.. (Kang, Haynee) |
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Filing 19
ORDER TO SHOW CAUSE: UPON THE APPLICATION OF MILLER & WRUBEL P.C., counsel for plaintiff NML Capital, Ltd., LET THE DEFENDANTS HEREIN SHOW CAUSE, before the Honorable Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, on the 7th day of August 2009 at 3:00 p.m., or as soon thereafter as counsel may be heard, why an order of attachment relating to the interests of Energia Argentina S.A. ("ENARSA") in the LNG Sale and Purchase Agreement between ENARSA and Morgan Stanley Capital Group, Inc. ("MSCGI"), dated July 7, 2009, and an order compelling discovery from MSCGI should not be made and entered in favor of NML; SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED THAT Morgan Stanley Capital Group, Inc. shall either send a representative to the aforementioned hearing to accept service of an order of attachment, or inform the Court no later than 5:00 p.m. on August 7, 2009, of a place where an order of attachment can be served at any time on August 7, 2009, such that the intent of the Court in granting an order of attachment will not be frustrated; and IT IS FURTHER ORDER THAT personal service of this Order to Show Cause upon (1) counsel for Argentina, Clearly, Gottlieb, Steen & Hamilton LLP, One Liberty Plaza, New York, New York, 10006, attention Carmine D. Boccuzzi, Jr., Esq., by hand (2) Morgan Stanley Capital Group, Inc., 2000 Westchester Avenue, Purchase, New York 10577, by electronic mail upon David Restaino, Esq. (david.restaino@morganstanley.com) and Michael Hartridge (michael.hartridge@morganstanley.com) and (3) Energia Argentina S.A., by serving Argentina's appointed agent for service of process, Banco de la Naction Argentina, 225 Park Avenue, New York, New York 10167, or such counsel as may appear of behalf of ENARSA, on or before the 7th day of August, 2009, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 8/7/2009 at 12:30 P.M.) (rw)
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| Filing 18 SEALED DOCUMENT placed in vault.(jri) |
| Filing 17 DECLARATION of Julio Cesar Rivera (Second Supplemental). Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 16 DECLARATION of David M. Bigge (Second). Document filed by NML Capital, Ltd.. (Cohen, Robert) |
| Filing 15 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 6/9/09 re: Counsel for Plaintiff NML Capital, Ltd. write to inform Your Honor that the parties have agreed to a two-week extension for the submission of Plaintiffs reply memorandum of law regarding the use of the account at the Federal Reserve Bank of New York held in the name of Banco Central de la Republica Argentina. Plaintiffs' reply memorandum will be filed on 6/19/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/10/09) (tro) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #14 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #11 Order, Set Deadlines/Hearings,,,,,,,, #7 Declaration, filed by NML Capital, Ltd., #4 Affidavit of Service Complaints filed by NML Capital, Ltd., #2 Rule 7.1 Corporate Disclosure Statement filed by NML Capital, Ltd., #14 Notice of Appeal filed by The Republic of Argentina, #10 Rule 26 Disclosure filed by NML Capital, Ltd., #9 Certificate of Service Other filed by The Republic of Argentina, #13 Order,,,,,, #8 Answer to Complaint filed by The Republic of Argentina, #12 Joinder,, filed by NML Capital, Ltd., #5 Notice of Case Assignment/Reassignment, #1 Complaint filed by NML Capital, Ltd. were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #14 Notice of Appeal. (nd) |
| Filing 14 NOTICE OF APPEAL from #11 Order, Set Deadlines/Hearings, #13 Order,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. (nd) |
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Filing 13
ORDER: Therefore, based upon all of the papers, pleadings, oral argument and all prior proceedings in the above-captioned actions and for the reasons explained by the Court on the record at the May 27, 2009 hearing: IT IS HEREBY ORDERED that the motion by Order to Show Cause of the Aurelius Plaintiffs to hold the Republic in civil contempt and to impose sanctions on the Republic is GRANTED. The Republic is held in civil contempt for its failure to comply with the Court's Opinion dated April 3, 2009, and the Court's Orders dated April 17, 2009 and May 6, 2009. IT IS FURTHER ORDERED that as a sanction for the Republic's contempt of Court, the Court will draw adverse inferences from the Republic's failure to comply with the Court's discovery orders that the Republic undertook the following transactions to remove funds improperly from the United States in violation of the orders of the Court: Between on or about April 10 and April 30, 2009, the Republic, through ANSES, arranged through a third party to liquidate $205,968,645 of Certificados de Deposito Argentino ("CEDEARs") that were subject to the Restraining Notice served on the Republic on October 30, 2008 as authorized by the October 29, 2008 Order of the Court in violation of that Restraining Notice. IT IS FURTHER ORDERED that while the Court has not imposed monetary sanctions at the present time, the Court reserves the possibility of imposing such monetary sanctions against the Republic at a later date. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
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| Filing 12 JOINDER to join the motion for an order to show cause for a finding of civil contempt and sanctions against the Republic of Argentina, dated May 19, 2009, brought by the Plaintiffs in Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. v. The Republic of Argentina, 07 Civ. 2715 (TPG); Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. v. The Republic of Argentina, No. 07 Civ. 11327 (TPG); and Blue Angel Capital LLC v. The Republic of Argentina, No. 07 Civ. 2693 (TPG). Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
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Filing 11
ORDER: The Republic of Argentina (which shall for purposes of this Order include, without limitation, ANSES) shall produce on or before 5/15/09 to counsel for the Aurelius Plaintiffs, EM, NML, and GMO/TIAA all documents in its custody, possession, or control that are described in the Order to Show Cause entered on 4/24/09. The documents to be produced shall include documents which were created, updated, or received by the Republic of Argentina at any time on or before 10/29/08 and concerning any of the subjects listed herein. The Republic of Argentina (including, without limitation, ANSES) shall make available for deposition on dates to be agreed but not later than 5/29/09 Sergio Chodos and one or more Rule 30(b)(6) witnesses knowledgeable on the subjects listed herein. Plaintiffs shall be entitled to serve further discovery requests and deposition notices upon the Republic of Argentina (including, without limitation, ANSES) and any third-party subject to discovery in the United States as necessary and appropriate to determine the location of any ANSES CEDARs or other assets avaialable to satisfy the judgments. (Signed by Judge Thomas P. Griesa on 5/7/09) (tro)
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| Set Deadlines/Hearings: Deposition due by 5/29/2009. (tro) |
| Filing 10 RULE 26 DISCLOSURE.Document filed by NML Capital, Ltd..(Hranitzky, Dennis) |
| Filing 9 CERTIFICATE OF SERVICE of Richard V Conza, dated April 27, 2009 #8 . Service was made by By Hand. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 8 ANSWER to Complaint. Document filed by The Republic of Argentina.(Moore, Christopher) |
| Filing 7 DECLARATION of Julio Cesar Rivera (Supplemental). Document filed by NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Cohen, Robert) |
| Filing 6 SEALED DOCUMENT placed in vault.(rt) |
| Filing 5 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. (ama) |
| CASE ACCEPTED AS RELATED. Create association to 1:07-cv-01910-TPG. Notice of Assignment to follow. (ama) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (ama) |
| Filing 4 AFFIDAVIT OF SERVICE. The Republic of Argentina served on 2/24/2009, answer due 3/16/2009. Service was accepted by Mr. Roberto H. Barrientos, Vice President. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 07-cv-1910 (TPG). Document filed by NML Capital, Ltd..(jmi) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NML Capital, Ltd..(jmi) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 678593)Document filed by NML Capital, Ltd..(jmi) |
| SUMMONS ISSUED as to The Republic of Argentina. (jmi) |
| Case Designated ECF. (jmi) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 07-cv-1910. (jmi) |
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