Aurelius Capital Master, Ltd. et al v. The Republic of Argentina
| Aurelius Capital Master, Ltd. and ACP Master, Ltd. |
| The Republic of Argentina |
| Citigroup Inc., Banc of America Securities LLC, Merrill, Lynch, Pierce, Fenner & Smith Incorporated, Citicorp North America Inc., Merrill Lynch & Co., Inc., Citicorp USA Inc., Barclays Capital Inc., Bank Of America Corporation, Barclays Bank PLC and Citigroup Global Markets Inc. |
| Bank of America, N.A. |
| Clearstream Banking S.A. |
| Bart M. Schwartz |
| Banco Bilbao Vizcaya Argentaria, S.A., BBVA Securities, Inc. and BBVA Compass Bancshares, Inc. |
| Depository Trust Company, Banco De La Nacion Argentina, J.P. Morgan Securities LLC, Cede & Co., Euro Bondholders, JPMorgan Chase Bank, N.A., Deutsche Bank AG New York Branch, JPMorgan Chase & Co., Banco Central de la Republica Argentina and The Bank of New York Mellon |
| Duane Morris Individual Plaintiffs and The Clearing House Association L.L.C. |
| Daniel A. Pollack |
| BASF CORPORATION and Citibank, N.A. |
| 1:2009cv10620 |
| December 31, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| None |
Docket Report
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu) |
Filing 683
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiffs in the above-captioned actions and Defendant the Republic of Argentina (being all of the parties to these actions), that any and all claims asserted in the above captioned actions shall be and are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and without costs, disbursements or fees to either side. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama)
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Filing 682
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 681
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 680 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)(tro) |
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Filing 679
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 678 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 677 MANDATE of USCA (Certified Copy) as to #673 Notice of Appeal, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. USCA Case Number 16-639. 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 676
ORDER of USCA (Certified Copy) as to #673 Notice of Appeal, filed by ACP Master, Ltd., Aurelius Capital Master, 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 675
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 674
ORDER of USCA (Certified Copy) as to #673 Notice of Appeal, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. USCA Case Number 16-0639. 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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| Filing 673 NOTICE OF APPEAL from #671 Memorandum & Opinion,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. Filing fee $ 505.00, receipt number 0208-12026544. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Friedman, Edward) |
| Filing 672 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 3, 2016 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #673 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #673 Notice of Appeal, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. were transmitted to the U.S. Court of Appeals. (tp) |
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Filing 671
OPINION AND ORDER: 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)
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| Filing 670 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 2, 2016 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| 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 669
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 666 from the case record. The document was stricken from this case pursuant to #669 Endorsed Letter,. (kl) |
| Filing 668 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 667 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #641 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 665 DECLARATION of Robert A. Cohen in Opposition re: #658 Letter,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Friedman, Edward) |
| Filing 664 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #658 Letter, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 663 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 662 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 661
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 660 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 ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 659
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 658 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 657 MANDATE of USCA (Certified Copy) as to #570 Notice of Appeal, filed by The Republic of Argentina. 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) |
| Filing 656 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 655 REPLY MEMORANDUM OF LAW in Support re: #641 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 654 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 ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 653 DECLARATION of Jay Newman in Opposition re: #641 Order to Show Cause,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 652 DECLARATION of Robert A. Cohen in Opposition re: #641 Order to Show Cause,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-17, #3 Exhibit 18, #4 Exhibit 19-22, #5 Exhibit 23-35, #6 Exhibit 36-54)(Friedman, Edward) |
| Filing 651 MEMORANDUM OF LAW in Opposition re: #641 Order to Show Cause,,,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 650 DECLARATION of Michael A. Paskin in Support re: #641 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael) |
| Filing 649 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 648 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
| Filing 647 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
| Filing 646 DECLARATION of Santiago Bausili in Support re: #641 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) |
| Filing 645 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel) |
| Filing 644 DECLARATION of Michael A. Paskin in Support re: #641 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael) |
| Filing 643 MEMORANDUM OF LAW in Support re: #641 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
| Filing 642 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
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Filing 641
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 640
ORDER granting #638 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 639 SEALED DOCUMENT placed in vault.(mps) |
| Filing 638 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 637 REPLY MEMORANDUM OF LAW in Support re: #614 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 636 REPLY AFFIRMATION of Philippe Zimmerman in Support re: #614 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 635 REPLY MEMORANDUM OF LAW in Support re: #623 CROSS MOTION to Quash Plaintiffs' 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 634 REPLY MEMORANDUM OF LAW in Support re: #618 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 633 DECLARATION of Marc G.Farris in Support re: #604 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents .. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-18)(Friedman, Edward) |
| Filing 632 REPLY MEMORANDUM OF LAW in Support re: #604 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 631 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 630 REPLY MEMORANDUM OF LAW in Support re: #609 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 629 MEMORANDUM OF LAW in Opposition re: #609 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 628 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #609 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 627 SEALED DOCUMENT placed in vault.(mps) |
| Filing 626 DECLARATION of Andrea Likwornik Weiss in Support re: #623 CROSS MOTION to Quash Plaintiffs' 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 625 DECLARATION of Andrew N. Keen in Support re: #623 CROSS MOTION to Quash Plaintiffs' 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 624 MEMORANDUM OF LAW in Support re: #623 CROSS MOTION to Quash Plaintiffs' May 5, 2015 Subpoena and for Protective Order. and in Opposition to Plaintiffs' Motion to Compel. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) |
| Filing 623 CROSS MOTION to Quash Plaintiffs' 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 622 MEMORANDUM OF LAW in Support re: #618 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order . and in Opposition to Plaintiffs' Motion to Compel #604 . Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) |
| Filing 621 DECLARATION of Bernardo A. Iriberri in Support re: #618 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 620 DECLARATION of Krister Holm in Support re: #618 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 619 DECLARATION of Paul B. Carberry in Support re: #618 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 618 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 617 MEMORANDUM OF LAW in Support re: #614 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 616 DECLARATION of Bernardo A. Iriberri in Support re: #614 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 615 DECLARATION of Philippe Zimmerman in Support re: #614 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 614 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 613 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for J.P. Morgan Securities LLC, 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 612
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 611 DECLARATION of Collin F. Hessney in Support re: #609 MOTION For an Order Deeming That Argentina has Waived its Privileges .. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-M)(Friedman, Edward) |
| Filing 610 MEMORANDUM OF LAW in Support re: #609 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 609 MOTION For an Order Deeming That Argentina has Waived its Privileges . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Friedman, Edward) |
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Filing 608
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 607 LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated October 9, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rapport, Daniel) |
| Filing 606 DECLARATION of Marc G. Farris in Support re: #604 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents .. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Friedman, Edward) |
| Filing 605 MEMORANDUM OF LAW in Support re: #604 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 604 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 603 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 602 ANSWER to #591 Amended Complaint,. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 601 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 600 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 599
ORDER terminating #581 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl)
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| Filing 598 DECLARATION of Marc G. Farris in Support re: #581 MOTION for Sanctions .. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A)(Rapport, Daniel) |
| Filing 597 REPLY MEMORANDUM OF LAW in Support re: #581 MOTION for Sanctions . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 596 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 595
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 594 SEALED DOCUMENT placed in vault.(mps) |
| Filing 593 MEMORANDUM OF LAW in Opposition re: #581 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 592 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #581 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibit G, #4 Exhibits H-M, #5 Exhibits N-O, #6 Exhibits P-R)(Blackman, Jonathan) |
| Filing 591 SECOND AMENDED COMPLAINT amending #181 Amended Complaint against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. Related document: #181 Amended Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 590 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 589
ORDER granting #572 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 588 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 587 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 586 NOTICE OF APPEARANCE by Shari Ann Alexander on behalf of Deutsche Bank AG New York Branch. (Alexander, Shari) |
| Filing 585 NOTICE OF APPEARANCE by Philippe Alain Zimmerman on behalf of Deutsche Bank AG New York Branch. (Zimmerman, Philippe) |
| Filing 584 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 583 DECLARATION of Eric J. Finkelstein in Support re: #581 MOTION for Sanctions .. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Rapport, Daniel) |
| Filing 582 MEMORANDUM OF LAW in Support re: #581 MOTION for Sanctions . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 581 MOTION for Sanctions . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rapport, Daniel) |
| Filing 580 DECLARATION of Marc G. Farris in Support re: #572 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Friedman, Edward) |
| Filing 579 REPLY MEMORANDUM OF LAW in Support re: #572 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 578 MEMORANDUM OF LAW in Opposition re: #572 MOTION to Amend/Correct Plaintiffs 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 577 SEALED DOCUMENT placed in vault.(nm) |
| Filing 576 DECLARATION of Elizabeth M. Hanly in Opposition re: #572 MOTION to Amend/Correct Plaintiffs 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 575 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 574 DECLARATION of Daniel B. Rapport in Support re: #572 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9-14, #10 Exhibit 15-19, #11 Exhibit 20 (part 1), #12 Exhibit 20 (part 2), #13 Exhibit 21-36, #14 Exhibit 37-40, #15 Exhibit 41-43, #16 Exhibit 44-49, #17 Exhibit 50-54)(Friedman, Edward) |
| Filing 573 MEMORANDUM OF LAW in Support re: #572 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 572 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 571 MANDATE of USCA (Certified Copy) as to #517 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) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #570 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #570 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 570 NOTICE OF APPEAL from #558 Memorandum & Opinion,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10784650. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 569 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 25, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 568
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 567
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 566 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 17, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 565 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 564 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 563
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 562 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 16, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 561 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 560 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 13, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 559 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 558
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 557 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 10, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 556 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 555 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 554 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 553 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) |
| Filing 552 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated February 26, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 551
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 550 NOTICE OF APPEARANCE by Denis J. McInerney on behalf of Citibank, N.A.. (McInerney, Denis) |
| Filing 549 DECLARATION of Charles E. Enloe in Opposition re: #484 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Friedman, Edward) |
| Filing 548 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #484 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 547 MEMORANDUM OF LAW in Support re: #484 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 546 DECLARATION of Kristin A. Bresnahan, dated February 17, 2015 re: #484 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 545 DECLARATION of Juan Duggan in Support re: #538 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 544 DECLARATION of Federico Elewaut in Support re: #538 Order,. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 543 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #538 Order, . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 542 NOTICE OF APPEARANCE by Craig Thomas Cagney on behalf of Citibank, N.A.. (Cagney, Craig) |
| Filing 541 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 540
ORDER granting #537 Motion to File Amicus Brief. 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 539 NOTICE OF APPEARANCE by Michael S. Flynn on behalf of Citibank, N.A.. (Flynn, Michael) |
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Filing 538
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 537 MOTION to File Amicus Brief in Support of Non-Party Citibank, N.A.. Document filed by The Clearing House Association L.L.C.. (Attachments: #1 Exhibit Brief of Amicus Curiae The Clearing House Association L.L.C. In Support of Non-Party Citibank, N.A.)(Neuhaus, Joseph) |
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Filing 536
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 1/28/2015 re: Request to withdraw as counsel. ENDORSEMENT: SO ORDERED. Attorney Emily Anne Stubbs terminated. (Signed by Judge Thomas P. Griesa on 1/29/2015) (ajs)
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Filing 535
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 534 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated January 20, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
| Filing 533 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 532 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 531
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 530 MANDATE of USCA (Certified Copy) as to #380 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-4059(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 529 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 8, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit)(Friedman, Edward) |
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Filing 528
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 527 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) |
| Filing 526 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 525
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 524 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 ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
| Filing 523 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 522 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 521 MANDATE of USCA (Certified Copy) as to #480 Notice of Appeal filed by The Republic of Argentina, #472 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 520
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 519 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 518 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 #517 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 517 NOTICE OF APPEAL from #508 Order,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10273500. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 516
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 515 MANDATE of USCA (Certified Copy) as to #445 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2643. 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) |
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Filing 514
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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| Transmission of USCA Mandate/Order to the District Judge re: #513 USCA Mandate. (tp) |
| Filing 513 MANDATE of USCA (Certified Copy) as to #478 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3269. 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. (tp) |
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Filing 512
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 511 MANDATE of USCA (Certified Copy) as to #479 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3498. 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. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #511 USCA Mandate. (tp) |
| Filing 510 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) |
| Filing 509 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 20, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 508
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 507 NOTICE of Withdrawal of Appearance of Kimberly Hamm. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Hamm, Kimberly) |
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Filing 506
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 505 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 2, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Friedman, Edward) |
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Filing 504
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 503 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) |
| Filing 502 REPLY MEMORANDUM OF LAW in Support re: #491 Order to Show Cause,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
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Filing 501
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 500 MEMORANDUM OF LAW in Opposition re: #491 Order to Show Cause,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 499 DECLARATION of Carmine D. Boccuzzi, dated September 29, 2014 in Opposition re: #491 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 498
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 497 MEMORANDUM OF LAW in Opposition re: #484 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 496 DECLARATION of Christopher B. Leach in Opposition re: #484 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Friedman, Edward) |
| Filing 495 DECLARATION of Ronald Mann in Opposition re: #484 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 494 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 493 DECLARATION of Robert A. Cohen in Support re: #491 Order to Show Cause,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-10, #3 Exhibit 11-15, #4 Exhibit 16-20, #5 Exhibit 21-25, #6 Exhibit 26-30, #7 Exhibit 31-35, #8 Exhibit 36-40, #9 Exhibit 41-47)(Friedman, Edward) |
| Filing 492 MEMORANDUM OF LAW in Support re: #491 Order to Show Cause,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
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Filing 491
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 490 NOTICE OF APPEARANCE by Howard B. Levi on behalf of JPMorgan Chase Bank, N.A.. (Levi, Howard) |
| Filing 489 MEMORANDUM OF LAW in Support re: #484 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 488 DECLARATION of Carmine D. Boccuzzi, dated September 23, 2014 in Support re: #484 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 487 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 486 MEMORANDUM OF LAW in Support re: #484 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 485 DECLARATION of Karen E. Wagner in Support re: #484 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen) |
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Filing 484
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 482
UNDERTAKING REGARDING CONFIDENTIALITY STIPULATION AND ORDER: I, Lawrence S. Robbins, have read and understand the Stipulation and Order Governing Confidential Material dated as of June 30, 2010, in the above-captioned litigation, and I agree to be bound by and comply with its terms. I further agree to be subject to the jurisdiction of the United States District Court for the Southern District of New York in connection with any dispute thereunder. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/21/2014) (ajs)
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| Filing 483 MANDATE of USCA (Certified Copy) as to #456 Notice of Appeal, filed by Citibank, N.A., #455 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 14-2722; 14-2723.. 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 481 NOTICE OF APPEARANCE by Lawrence Saul Robbins on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Robbins, Lawrence) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #479 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #478 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #480 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: #480 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #479 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #478 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 480 NOTICE OF APPEAL from #466 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051757. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 479 NOTICE OF APPEAL from #460 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051675. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) |
| Filing 478 NOTICE OF APPEAL from #463 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051633. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 477 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 21, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Friedman, Edward) |
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Filing 476
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 475 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 20, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Edward) |
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Filing 474
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 473
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)
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| Filing 472 NOTICE OF APPEAL from #466 Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003520. 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: #472 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #472 Notice of Appeal filed by Euro Bondholders were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 471 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 470 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 13, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit)(Friedman, Edward) |
| Filing 468 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 8, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 467
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 469 MANDATE of USCA (Certified Copy) as to #381 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4227. 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 466
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 465 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 464 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 463
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 462
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 461 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 4, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Friedman, Edward) |
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Filing 460
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 459 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 1, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
| Filing 458 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 31, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
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Filing 457
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: #455 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #455 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #456 Notice of Appeal, filed by Citibank, N.A. 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: #456 Notice of Appeal. (tp) |
| Filing 456 NOTICE OF APPEAL from #454 Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942300. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen) |
| Filing 455 NOTICE OF APPEAL from #454 Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941845. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 454
ORDER denying #425 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 453 DECLARATION of Federico Elewaut in Opposition re: #425 MOTION for Reconsideration .. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 452 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 451 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 28, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 450 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 27, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 449 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 448 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 447 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) |
| Filing 446 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 23, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #445 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: #445 Notice of Appeal. (tp) |
| Filing 445 NOTICE OF APPEAL from #399 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910075. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
| Filing 444 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 #443 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 443 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 442 CERTIFICATE OF SERVICE. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 441 DECLARATION of Evan K. Farber in Support re: #428 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 440 REPLY MEMORANDUM OF LAW in Support re: #428 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 439 REPLY MEMORANDUM OF LAW in Support re: #425 MOTION for Reconsideration . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 438 REPLY MEMORANDUM OF LAW in Support re: #416 MOTION to Amend/Correct . . Document filed by Clearstream Banking S.A.. (Vassos, John) |
| Filing 437 DECLARATION of Charles E. Enloe in Opposition re: #428 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Friedman, Edward) |
| Filing 436 MEMORANDUM OF LAW in Opposition re: #428 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 435 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated 7/18/14 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 434 MEMORANDUM OF LAW in Opposition re: #425 MOTION for Reconsideration . . Document filed by Citibank, N.A.. (Wagner, Karen) |
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Filing 433
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 432 MOTION to Amend/Correct Motion to Appear Pro Hac Vice. Document filed by Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Certs. of Good Standing)(Stancil, Mark) |
| Filing 431 AFFIDAVIT OF SERVICE. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 430 DECLARATION of Evan K. Farber in Support re: #428 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 429 MEMORANDUM OF LAW in Support re: #428 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 428 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 427 MEMORANDUM OF LAW in Opposition re: #416 MOTION to Amend/Correct . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 426 MEMORANDUM OF LAW in Support re: #425 MOTION for Reconsideration . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 425 MOTION for Reconsideration . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
| Filing 424 NOTICE OF APPEARANCE by Alan Howard Scheiner on behalf of JPMorgan Chase Bank, N.A.. (Scheiner, Alan) |
| Filing 423 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 422 NOTICE OF APPEARANCE by Andrea Likwornik Weiss on behalf of JPMorgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 421 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 420 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 419 NOTICE OF APPEARANCE by Mary Christina Pennisi on behalf of Clearstream Banking S.A.. (Pennisi, Mary) |
| Filing 418 MEMORANDUM OF LAW in Support re: #416 MOTION to Amend/Correct . . Document filed by Clearstream Banking S.A.. (Vassos, John) |
| Filing 417 DECLARATION of John M. Vassos in Support re: #416 MOTION to Amend/Correct .. Document filed by Clearstream Banking S.A.. (Vassos, John) |
| Filing 416 MOTION to Amend/Correct . Document filed by Clearstream Banking S.A.. (Attachments: #1 Text of Proposed Order)(Vassos, John) |
| Filing 415 NOTICE OF APPEARANCE by John Michael Vassos on behalf of Clearstream Banking S.A.. (Vassos, John) |
| Filing 414 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 413 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 412 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 411 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 2, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 410 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 1, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
| Filing 409 DECLARATION of Charles E. Enloe in Opposition re: #405 Order on Motion for Miscellaneous Relief,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Friedman, Edward) |
| Filing 408 MEMORANDUM OF LAW in Opposition re: #405 Order on Motion for Miscellaneous Relief,,, Plaintiffs Opposition to Citibank, N.A.s Motion for Clarification or Modification. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 407 DECLARATION of Karen E. Wagner in Support. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 406 MEMORANDUM OF LAW in Support of Citibank N.A.'s Renewed Motion by Order to Show Cause for Clarification or Modification #405 .. Document filed by Citibank, N.A.. (Wagner, Karen) |
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Filing 405
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 #355 Motion. (Signed by Judge Thomas P. Griesa on 6/27/2014) (rjm) Modified on 6/30/2014 (rjm).
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| Filing 404 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rapport, Daniel) |
| Filing 403 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1)(Rapport, Daniel) |
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Filing 402
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 401 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 400
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 399
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 398
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 397 NOTICE OF CHANGE OF ADDRESS by Eric Justin Finkelstein on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, 28th Floor, New York, New York, 10036-6516, 212-833-1100. (Finkelstein, Eric) |
| Filing 396 OPINION denying #335 Motion to Compel; denying #338 Motion to Compel; granting #384 Motion to Stay ; granting #389 Motion for Joinder; granting #390 Motion for Joinder; denying #298 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). |
| Filing 395 REPLY MEMORANDUM OF LAW in Support re: #384 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen) |
| Filing 394 MEMORANDUM OF LAW in Opposition re: #390 MOTION for Joinder to the Citi Entities' motion for a stay., #389 MOTION for Joinder to the Citi Entities' Motion for a Stay., #384 MOTION to Stay.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 393 MEMORANDUM OF LAW in Opposition re: #384 MOTION to Stay. (corrected). Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 392 DECLARATION of Eric J. Finkelstein in Opposition re: #384 MOTION to Stay.. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Rapport, Daniel) |
| Filing 391 MEMORANDUM OF LAW in Opposition re: #384 MOTION to Stay.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 390 MOTION for Joinder to the Citi Entities' motion for a stay. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated.(Glickman, Barry) |
| Filing 389 MOTION for Joinder to the Citi Entities' Motion for a Stay. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance) |
| Filing 388 NOTICE OF APPEARANCE by Eric Justin Finkelstein on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Finkelstein, Eric) |
| Filing 387 DECLARATION of Lindsey T. Knapp in Support re: #384 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 00, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Knapp, Lindsey) |
| Filing 386 DECLARATION of Rebecca J. Nelson in Support re: #384 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen) |
| Filing 385 MEMORANDUM OF LAW in Support re: #384 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen) |
| Filing 384 MOTION to Stay. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Wagner, Karen) |
| Filing 383 MANDATE of USCA (Certified Copy) as to #200 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-951. 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) |
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Filing 382
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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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #381 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #167 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #98 Memorandum of Law filed by The Republic of Argentina, #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, #59 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #124 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #182 Answer to Amended Complaint filed by The Republic of Argentina, #187 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #85 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #87 Stipulation and Order, #110 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #114 MOTION to Vacate #70 Order, #71 Order, filed by BASF CORPORATION, #171 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #186 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #105 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #144 Endorsed Letter, #137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina, #183 Order on Motion for Partial Summary Judgment, #162 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #100 Certificate of Service Other filed by The Republic of Argentina, #76 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #126 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #99 Memorandum of Law filed by The Republic of Argentina, #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #153 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #121 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #170 MOTION to Amend/Correct the Complaints filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #131 Declaration in Support of Motion filed by Citibank, N.A., #67 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #134 Declaration filed by The Republic of Argentina, #64 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #142 Certificate of Service Other filed by The Republic of Argentina, #69 Order to Show Cause, #66 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #108 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #62 Protective Order, #146 Notice of Appearance filed by Citibank, N.A., #96 Declaration filed by The Republic of Argentina, #77 Memorandum of Law in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #151 Declaration in Support of Motion, filed by The Republic of Argentina, #178 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #133 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, #78 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #52 Response filed by Banco Central de la Republica Argentina, #88 Endorsed Letter, #80 Declaration in Opposition filed by The Republic of Argentina, #128 MOTION to Vacate Order of Attachment filed by Citibank, N.A., #97 Declaration filed by The Republic of Argentina, #125 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #136 Declaration filed by The Republic of Argentina, #188 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #84 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #161 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #145 Notice of Appearance filed by Citibank, N.A., #104 MOTION to Expedite Discovery from the Republic and BCRA filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #61 Memorandum & Opinion, #190 Notice of Appeal, filed by The Republic of Argentina, #139 Memorandum of Law filed by The Republic of Argentina, #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #138 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #179 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #68 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #106 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #94 Declaration filed by The Republic of Argentina, #156 Affidavit of Service Other, filed by Citibank, N.A., #169 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #83 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #163 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #103 Stipulation and Order, #129 Memorandum of Law in Support of Motion filed by Citibank, N.A., #95 Declaration filed by The Republic of Argentina, #91 Declaration filed by The Republic of Argentina, #107 MOTION to Confirm Order of Attachment filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #112 Endorsed Letter, Add and Terminate Attorneys, #111 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #113 Certificate of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #86 Order, #63 Order, #149 Reply Memorandum of Law in Support of Motion filed by BASF CORPORATION, #65 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #130 Declaration in Support of Motion filed by Citibank, N.A., #122 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #56 Order, #173 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #166 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #93 Declaration filed by The Republic of Argentina, #168 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #148 Declaration in Support of Motion filed by BASF CORPORATION, #174 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #79 Affidavit of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #158 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #123 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #152 Declaration in Support of Motion, filed by The Republic of Argentina, #154 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #51 Joinder, filed by The Republic of Argentina, #117 Declaration in Support of Motion filed by BASF CORPORATION, #181 Amended Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #177 Memorandum of Law filed by The Republic of Argentina, #115 Declaration in Support of Motion, filed by BASF CORPORATION, #155 Certificate of Service Other filed by The Republic of Argentina, #60 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #109 Brief filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #73 Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #81 Memorandum of Law in Opposition filed by The Republic of Argentina, #150 Certificate of Service Other, filed by BASF CORPORATION, #118 Memorandum of Law in Support of Motion filed by BASF CORPORATION, #57 USCA Mandate Withdrawing Appeal, #92 Declaration filed by The Republic of Argentina, #157 Reply Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #185 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #160 Certificate of Service Other, filed by Citibank, N.A., #175 Response, filed by The Republic of Argentina, #89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, #116 Declaration in Support of Motion filed by BASF CORPORATION, #53 MOTION to Vacate and Quash Ex Parte Orders filed by Banco Central de la Republica Argentina, #70 Order, #172 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #176 Declaration, filed by The Republic of Argentina, #147 Notice of Appearance filed by Citibank, N.A., #135 Declaration filed by The Republic of Argentina, #180 Order, #119 Certificate of Service Other, filed by BASF CORPORATION, #132 Declaration in Support of Motion filed by Citibank, N.A., #71 Order, #101 Declaration filed by The Republic of Argentina, #196 Memorandum of Law in Opposition to Motion filed |
| Filing 381 NOTICE OF APPEAL from #379 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040832. 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 #167 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #98 Memorandum of Law filed by The Republic of Argentina, #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011. filed by The Republic of Argentina, #59 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #124 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #182 Answer to Amended Complaint filed by The Republic of Argentina, #187 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #85 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #87 Stipulation and Order,,,, #110 Declaration in Support,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,. filed by BASF CORPORATION, #171 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #186 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #105 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #144 Endorsed Letter,, #137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. filed by Banco Central de la Republica Argentina, #183 Order on Motion for Partial Summary Judgment,, #162 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #100 Certificate of Service Other filed by The Republic of Argentina, #76 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #126 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,, #99 Memorandum of Law filed by The Republic of Argentina, #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #153 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #121 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,,,,,,,,,,,, #170 MOTION to Amend/Correct the Complaints. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #131 Declaration in Support of Motion filed by Citibank, N.A., #67 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #134 Declaration filed by The Republic of Argentina, #64 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #142 Certificate of Service Other filed by The Republic of Argentina, #69 Order to Show Cause,,,,, #66 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #108 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #62 Protective Order, #146 Notice of Appearance filed by Citibank, N.A., #96 Declaration filed by The Republic of Argentina, #77 Memorandum of Law in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #151 Declaration in Support of Motion, filed by The Republic of Argentina, #178 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #133 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, #78 Declaration in Support,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #52 Response filed by Banco Central de la Republica Argentina, #88 Endorsed Letter, #80 Declaration in Opposition filed by The Republic of Argentina, #128 MOTION to Vacate Order of Attachment. filed by Citibank, N.A., #97 Declaration filed by The Republic of Argentina, #125 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #136 Declaration filed by The Republic of Argentina, #188 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #84 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #161 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #145 Notice of Appearance filed by Citibank, N.A., #104 MOTION to Expedite Discovery from the Republic and BCRA. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #61 Memorandum & Opinion, #190 Notice of Appeal, filed by The Republic of Argentina, #139 Memorandum of Law filed by The Republic of Argentina, #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #138 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #179 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #68 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #106 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #94 Declaration filed by The Republic of Argentina, #156 Affidavit of Service Other,,, filed by Citibank, N.A., #169 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #83 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #163 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #103 Stipulation and Order,,,,,, #129 Memorandum of Law in Support of Motion filed by Citibank, N.A., #95 Declaration filed by The Republic of Argentina, #91 Declaration filed by The Republic of Argentina, #107 MOTION to Confirm Order of Attachment. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #112 Endorsed Letter, Add and Terminate Attorneys,, #111 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #113 Certificate of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #86 Order,,, #63 Order,,,, #149 Reply Memorandum of Law in Support of Motion filed by BASF CORPORATION, #65 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #130 Declaration in Support of Motion filed by Citibank, N.A., #122 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #56 Order,,,, #173 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #166 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #93 Declaration filed by The Republic of Argentina, #168 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #148 Declaration in Support of Motion filed by BASF CORPORATION, #174 Declaration in Support of Motion,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #79 Affidavit of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #158 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #123 Reply Memorandum of Law in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #152 Declaration in Support of Motion, filed by The Republic of Argentina, #154 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #51 Joinder, filed by The Republic of Argentina, #117 Declaration in Support of Motion filed by BASF CORPORATION, #181 Amended Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #177 Memorandum of Law filed by The Republic of Argentina, #115 Declaration in Support of Motion, filed by BASF CORPORATION, #155 Certificate of Service Other filed by The Republic of Argentina, #60 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #109 Brief filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #73 Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #81 Memorandum of Law in Opposition filed by The Republic of Argentina, #150 Certificate of Service Other, filed by BASF CORPORATION, #118 Memorandum of Law in Support of Motion filed by BASF CORPORATION, #57 USCA Mandate Withdrawing Appeal, #92 Declaration filed by The Republic of Argentina, #157 Reply Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #185 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #160 Certificate of Service Other,,, filed by Citibank, N.A., #175 Response, filed by The Republic of Argentina, #89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, #116 Declaration in Support of Motion filed by BASF CORPORATION, #53 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #70 Order,,,, #172 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #176 Declaration, filed by The Republic of Argentina, #147 Notice of Appearance filed by Citibank, N.A., #135 Declaration filed by The Republic of Argentina, #180 Order,, #119 Certificate of Service Other, filed by BASF CORPORATION, #132 Declaration in Support of Motion filed by Citibank, N.A., #71 Order,,,, #101 Declaration filed by |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #380 Notice of Appeal. (nd) |
| Filing 380 NOTICE OF APPEAL from #376 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010364. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) |
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Filing 379
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 378
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 377
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 10cv9587). SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/27/2013) (ama)
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Filing 376
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 375 LETTER addressed to Judge Thomas P. Griesa from James L. Kerr dated September 24, 2013 re: Rulings Made at the September 3, 2013 Hearing. Document filed by Banc of America Securities LLC, Banco De La Nacion Argentina, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Transcript of September 3, 2013 Proceeding before Judge Griesa), #3 Exhibit C (Opinion dated September 4, 2013))(Kerr, James) |
| Filing 374 LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated September 24, 2013 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rapport, Daniel) |
| Filing 373 NOTICE OF CHANGE OF ADDRESS by Barry Jay Glickman on behalf of Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. New Address: Zeichner Ellman & Krause LLP, 1211 Avenue of the Americas, New York, New York, U.S.A. 10036, 212-223-0400. (Glickman, Barry) |
| Filing 372 DECLARATION of Emily A. Stubbs in Support re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rapport, Daniel) |
| Filing 371 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 370 MANDATE of USCA (Certified Copy) as to #190 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-164. 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 369 DECLARATION of Lance Croffoot-Suede in Support re: #313 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Croffoot-Suede, Lance) |
| Filing 368 REPLY MEMORANDUM OF LAW in Support re: #313 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance) |
| Filing 367 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 366 DECLARATION of Carmine D. Boccuzzi, with Exhibits A through E, dated June 21, 2013 in Opposition re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit B, #2 Exhibit C-D, #3 Exhibit E)(Boccuzzi, Carmine) |
| Filing 365 REPLY MEMORANDUM OF LAW in Support re: #309 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James) |
| Filing 364 DECLARATION of Barry J. Glickman in Support re: #331 CROSS MOTION to Quash Plaintiffs' Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry) |
| Filing 363 REPLY MEMORANDUM OF LAW in Support re: #331 CROSS MOTION to Quash Plaintiffs' Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry) |
| Filing 362 DECLARATION of Daniel B. Rapport in Support re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K)(Rapport, Daniel) |
| Filing 361 REPLY MEMORANDUM OF LAW in Support re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
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Filing 360
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 359 DECLARATION of Maximiliano D'Auro in Support re: #355 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 358 DECLARATION of Manuel Beccar Varela in Support re: #355 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 357 DECLARATION of Federico Elewaut in Support re: #355 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 356 MEMORANDUM OF LAW in Support re: #355 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) |
| Filing 355 MOTION Clarification of November 21, 2012 Orders. Document filed by Citibank, N.A..(Wagner, Karen) |
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Filing 354
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 4/22/2013 re: As set forth below, the schedule for these motions has been the subject of various orders by the Court; Plaintiffs and the Banks are now requesting a further adjournment of the schedule. May 27, 2013: Plaintiffs shall serve their reply and their opposition to the cross-motions; June 21, 2013: The Banks that have filed cross-motions shall serve their replies. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/03/2013) (ama)
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Filing 353
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jessica A. Murzyn dated 3/15/2013 re: Accordingly, pursuant to Local Civil Rule 1.4, I respectfully request that my name be removed from the docket sheets and all service lists and that I no longer receive electronic notifications in the above actions. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/01/2013) (ama)
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Filing 352
ENDORSED LETTER addressed to Judge Thomas P. Grisea from Emily A. Stubbs dated 3/8/2013 re: Plaintiff's counsel writes Plaintiffs and the Banks are again requesting a 45-day adjournment in accordance with the following schedule: May 6, 2013: Plaintiffs shall serve their reply and their opposition to the cross motions. May 31, 2013: The Banks that have filed cross-motions shall their replies. We are available to discuss the modofied schedule at the Courts convenience. If Your Honor has no objection, we respectfully request that Your Honor so order the modified schedule by endorsement of this letter. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 3/15/2013) (ago)
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Filing 351
OPINION: For the reasons stated herein, the Republic's motion for a protective order and motion to quash are denied. The court will hold a hearing at a later date to discuss whether and how the subpoenas will need to be more narrowly tailored. (Signed by Judge Thomas P. Griesa on 3/7/2013) (ago)
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| Filing 350 NOTICE of Withdrawal of Appearance of Susan M. Cordaro. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Hamm, Kimberly) |
| Filing 349 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 1/23/2013 re: In light of the continued activity on other Argentina-related matters, Plaintiffs, the Republic, and the Banks have agreed to adjourn the submission dates for the remaining briefs by an additional 45 days. ENDORSEMENT: Approved., ( Responses due by 3/21/2013, Replies due by 4/11/2013.) (Signed by Judge Thomas P. Griesa on 1/25/2013) (ama) |
| Filing 348 DECLARATION of Jeff G. Hammel in Support re: #346 MOTION to Quash Subpoenas, dated December 10, 2012., #338 MOTION to Compel.. Document filed by Euro Bondholders. (Attachments: #1 Exhibit --Exhibits A-J)(Hammel, Jeff) |
| Filing 347 MEMORANDUM OF LAW in Support re: #346 MOTION to Quash Subpoenas, dated December 10, 2012., #338 MOTION to Compel.. Document filed by Euro Bondholders. (Hammel, Jeff) |
| Filing 346 MOTION to Quash Subpoenas, dated December 10, 2012. Document filed by Euro Bondholders.(Hammel, Jeff) |
| Filing 345 MEMORANDUM OF LAW re: #343 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., #335 MOTION to Compel.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 344 DECLARATION of Carmine D. Boccuzzi, dated January 2, 2013 re: #343 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., #335 MOTION to Compel.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-L, #2 Exhibits M-W)(Boccuzzi, Carmine) |
| Filing 343 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 342 CERTIFICATE OF SERVICE. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 341 CERTIFICATE OF SERVICE. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 340 DECLARATION of Daniel B. Rapport in Support re: #338 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-40, #5 Exhibit 41-45)(Friedman, Edward) |
| Filing 339 MEMORANDUM OF LAW in Support re: #338 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 338 MOTION to Compel. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 337 DECLARATION of Robert A. Cohen in Support re: #335 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Edward) |
| Filing 336 MEMORANDUM OF LAW in Support re: #335 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 335 MOTION to Compel. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 334
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 12/13/2012 re: In light of the current activity on other Argentina related matters, Plaintiffs, the Republic, and the Banks have agreed to adjourn the submission dates for the remaining briefs by 45 days, in accordance with the following briefing schedule: February 4, 2013: Plaintiffs shall serve their reply in support of their motion to compel February 25, 2013: The Banks that have filed cross-motions to quash, modify, or for a protective order, shall serve their replies. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/14/2012) (lmb)
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| Filing 333 DECLARATION of Barry J. Glickman in Support re: #331 CROSS MOTION to Quash Plaintiffs' Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exh. A, #2 Exh. B, #3 Exh. C)(Glickman, Barry) |
| Filing 332 MEMORANDUM OF LAW in Support re: #331 CROSS MOTION to Quash Plaintiffs' Subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry) |
| Filing 331 CROSS MOTION to Quash Plaintiffs' Subpoenas. Document filed by Bank of America, N.A., Bank Of America Corporation, Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated.(Glickman, Barry) |
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Filing 330
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 11/21/2012 re: We are available to discuss the modified scheduled at the Court's convenience. If Your Honor has no objections, we respectfully request that Your Honor "so order" the modified schedule by endorsement of this letter. Bank of America shall serve its opposition to Plaintiffs' motion to compel December 3, 2012; Plaintiff shall serve their reply in support of their motion to compel December 21, 2012; The Banks that have or will have filed cross-motions to quash, modify, or for a protective order, shall serve their replies January 11,2012.ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/26/2012) (ama)
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Filing 329
AMENDED FEBRUARY 23, 2012 ORDER: It is DECLARED, ADJUDGED, and DECREED that Plaintiffs are irreparably harmed by and have no adequate remedy at law for the Republic's 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 set forth herein. 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 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 11/21/20112) (djc)
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Filing 328
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 327 REPLY MEMORANDUM OF LAW in Support re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 326 DECLARATION of Kevin S. Reed in Support re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Rapport, Daniel) |
| Filing 325 MEMORANDUM OF LAW in Opposition re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 324 DECLARATION of Francisco Guillermo Eggers in Opposition re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 323 DECLARATION of Carmine D. Boccuzzi in Opposition re: #191 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 322 BRIEF AMICUS BRIEF OF DUANE MORRIS INDIVIDUAL PLAINTIFFS. Document filed by Duane Morris Individual Plaintiffs.(Costantini, Anthony) |
| Filing 321 NOTICE OF APPEARANCE by Eric P Heichel on behalf of Depository Trust Company, Cede & Co. (Heichel, Eric) |
| Filing 319 SUPPLEMENTAL MEMORANDUM OF LAW re: #318 Declaration,,, #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 318 DECLARATION of Robert A. Cohen. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Rapport, Daniel) |
| Filing 320 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 11/5/2012 re: Plaintiffs time to reply to their motion to compel will be discussed with the Republic and the Banks following receipt of the papers filed by the Republic and the Banks (excepting Bank of America). ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/13/2012) (cd) |
| Filing 317 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC for Barclays Bank PLC, Barclays Capital Inc.. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance) |
| Filing 316 MEMORANDUM OF LAW in Support re: #313 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc.. and in Opposition to Plaintiffs' Motion to Compel. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance) |
| Filing 315 DECLARATION of Lance Croffoot-Suede in Support re: #313 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Croffoot-Suede, Lance) |
| Filing 314 DECLARATION of Solomon Kibriye in Support re: #313 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance) |
| Filing 313 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc.. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance) |
| Filing 312 DECLARATION of Rebecca J. Nelson in Support re: #309 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James) |
| Filing 311 DECLARATION of James L. Kerr in Support re: #309 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kerr, James) |
| Filing 310 MEMORANDUM OF LAW in Support re: #309 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011. / and in Opposition to Plaintiffs' Motion to Compel Production. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James) |
| Filing 309 CROSS MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Kerr, James) |
| Filing 308 REPLY MEMORANDUM OF LAW in Support re: #217 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012. and in Opposition re: #298 Plaintiffs' Motion to Compel Production. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 307 DECLARATION of Mark S. Sullivan in Opposition re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Sullivan, Mark) |
| Filing 306 MEMORANDUM OF LAW in Opposition re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) |
| Filing 305 NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Rowland, Matthew) |
| Filing 304 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Knapp, Lindsey) |
| Filing 303 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Kerr, James) |
| Filing 302 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Wagner, Karen) |
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Filing 301
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 10/19/2012 re: Counsel for one of the banks -Bank of America - has requested an extension of the schedule due to a personal medical situation. Accordingly, Plaintiffs and Bank of America have agreed to adjust the briefing schedule as follows: November 21, 2012: Bank of America shall serve its opposition to Plaintiffs' motion to compel. December 12, 2012: Plaintiffs shall serve their reply in support of their motion to compel as it pertains to Bank of America. This change applies only to Bank of America; the rest of the submissions with respect to Plaintiffs' motion to compel shall be served in accordance with the schedule previously set by Your Honor. ENDORSEMENT: So ordered. (Signed by Judge Thomas P. Griesa on 10/24/2012) (djc) Modified on 10/25/2012 (djc). Modified on 10/26/2012 (djc).
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| Filing 300 DECLARATION of Eric J. Finkelstein in Support re: #298 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-9, #3 Exhibit 10-12, #4 Exhibit 13-15, #5 Exhibit 16-18, #6 Exhibit 19-21, #7 Exhibit 22-24, #8 Exhibit 25-27, #9 Exhibit 28-30, #10 Exhibit 31-33, #11 Exhibit 34-36, #12 Exhibit 37-39, #13 Exhibit 40-54, #14 Exhibit 55-57, #15 Exhibit 58-78, #16 Exhibit 79-81, #17 Exhibit 82-87, #18 Exhibit 88-94)(Stubbs, Emily) |
| Filing 299 MEMORANDUM OF LAW in Support re: #298 MOTION to Compel Production from Defendant and Non-Party Banks. Memorandum of Law in Support of Plaintiffs' Motion to Compel Production from Defendant and Non-Party Banks and in Opposition to Defendant's Motion for a Protective Order and to Quash. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Stubbs, Emily) |
| Filing 298 MOTION to Compel Production from Defendant and Non-Party Banks. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Certificate of Service)(Stubbs, Emily) |
| Filing 297 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 10/5/2012 re: Counsel for plaintiffs respectfully request permission to file a memorandum on law of up to 35 pages, so as not to burden the Court with multiple briefs. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/9/2012) (pl) |
| Filing 296 MEMORANDUM OF LAW in Support re: #217 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
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Filing 295
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 9/12/2012 re: Counsel for the plaintiffs request that the Court "So Order" the proposed briefing schedule set forth herein. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/18/2012) (ft)
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Filing 283
STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows: 1. Plaintiffs' time to respond to the Motion shall be extended through and including October 11, 2012, unless further extended by the parties; and 2. This stipulation relates to scheduling only and is without prejudice to the rights of all parties, which are expressly reserved; and 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the third request for an extension of the briefing schedule for the Motion., ( Responses due by 10/11/2012.) (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb)
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Filing 282
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Benedict J. Schweigert dated 8/10/2012 re: Davis Polk & Wardwell LLP, a firm with which I was formerly associated, represents nonparty Citibank, N.A. in the above-referenced cases. I left Davis Polk & Wardwell LLP on April 20, 2012, and thus no longer serve as counsel to Citibank, N.A. Accordingly, I respectfully request that the Court instruct the docket clerk to remove my registration as counsel of record. ENDORSEMENT: So ordered., Attorney Benedict John Schweigert terminated. (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb)
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| Filing 275 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A..(Glickman, Barry) |
| Filing 274 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Bank of America, N.A. (Glickman, Barry) |
| Filing 279 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Standard New York Securities, Inc. on 4/13/2010. Service was accepted by Ms. A. Flores, Clerk.. (pl) |
| Filing 280 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Fiat Credit U.S.A. Inc. Service was attempted on 5/10/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (pl) |
| Filing 269 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED for Attachment as to The Republic of Argentina - Banco de la Provincia De Buenos Aires - NY Branch. Service was attempted on 4/30/2010. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 26, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm) |
| Filing 258 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Manfra Tordella & Brookes, Inc. on 5/5/2010. Service was accepted by Mr. Hamilton - Accounting. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 294 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Attachment served on J.P. Morgan Securities Inc. on 4/15/2010. Service was accepted by Ms. Alvarez - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 293 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Attachment served on General Electric Capital Corporation on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 292 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Standard on 5/10/2010. Service was accepted by Roberta Rosenblatt. Document filed by Aurelius Capital Master, Ltd. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor) (js) |
| Filing 291 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Banco Santander on 5/10/2010. Service was accepted by Mr. Fried (Legal). Document filed by Aurelius Capital Master, Ltd. ( I hereby certify and return that i have received no funds or property belonging to the judgment debtor (js) |
| Filing 290 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Cantor Fitzgerald & Co. on 5/10/2010. Service was accepted by Ms. Pennay (Legal). Document filed by Aurelius Capital Master, Ltd. (js) |
| Filing 289 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on 5/10/2010 on 5/10/2010. Service was accepted by Mr. J. Jerez (Customer Services. Document filed by Aurelius Capital Master, Ltd. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (js) |
| Filing 288 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Banc of America Securities LLC. on 5/7/2010. Service was accepted by Ms. Andrews. Document filed by Aurelius Capital Master, Ltd. (js) |
| Filing 287 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Morgan Stanley & Co. Incorporated on 5/7/2010. Service was accepted by Ms. Mitta (Legal. Document filed by Aurelius Capital Master, Ltd. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor by Amaury Pena) (js) |
| Filing 286 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on GMAC Financial Services on 5/7/2010. Service was accepted by Mr. Herbert (Legal). Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor (js) |
| Filing 281 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Mr. Banco De La Nacion Argentina - NY Branch on 4/19/2012. Service was accepted by R.H. Barrientos - Legal. Document filed by Aurelius Capital Master, Ltd. (djc) |
| Filing 278 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Toyato Motor Credit Corporation on 4/13/2010. Service was accepted by Ms. A. Flores, Clerk. (pl) |
| Filing 277 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Standard New York Securities, Inc. on 4/13/2010. Service was accepted by Mr. S. Floser, Clerk. (pl) |
| Filing 276 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Fiat Finance North Amer., Inc. on 1/21/10. Service was accepted by Edward A. Frudman.. (pl) |
| Filing 273 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on RBC Capital Markets Corporation on 4/15/2010. Service was accepted by Ms. L. Sobel - Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) |
| Filing 272 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on RBS Securities Inc. on 4/19/2010. Service was accepted by Ms. P. Sumaiah - Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) |
| Filing 271 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Safra National Bank of New York on 4/30/2010. Service was accepted by Ms. J. Valaquez. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) Modified on 8/10/2012 (lmb). |
| Filing 270 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on ABN Amro Bank N.V. on 4/19/2010. Service was accepted by Ms. P. Sumaiah - Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) |
| Filing 268 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Banco do Brasil SA on 4/30/2010. Service was accepted by Ms. Marquez - Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) |
| Filing 267 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Barclays Capital Inc. on 5/3/2010. Service was accepted by Daniel Hartman, Analyst. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) Modified on 8/9/2012 (lmb). |
| Filing 266 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Nomura Securities International, Inc. on 5/4/2010. Service was accepted by Ms. Byrnes - Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Aurelius Capital Master, Ltd. (lmb) |
| Filing 265 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on CLS Bank International on 5/5/2010. Service was accepted by Mr. D. Skoblow - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 264 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Standard New York, Inc. on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 263 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Ford Motor Credit Company LLC on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 262 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Jefferies & Co., Inc. on 5/11/2010. Service was accepted by Ms. Kane. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 261 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Bank of Tokyo - Mitsubishi UFJ, Ltd. on 5/7/2010. Service was accepted by Ms. Calderaro. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 260 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on VW Credit, Inc. on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 259 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on ScotiaMocatta Depository, A Division of the Bank of Nova Scotia on 4/13/2010. Service was accepted by Mr. Lennox - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 257 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Doral Bank FSB on 4/30/2010. Service was accepted by Ms. Rivera - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 256 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Citigroup Global Markets Inc. on 4/30/2010. Service was accepted by Ms. Ng (Legal). Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 255 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Credit Suisse Securities (USA) LLC on 5/11/2010. Service was accepted by Mr. Zuelch - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 284 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Brink's Inc. on 5/4/2010. Service was accepted by Ms. Ambrose - Clerk. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pena, Co-op (djc) |
| Filing 254 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Goldman Sachs on 5/4/2010. Service was accepted by Ms. J.M. Lane. Document filed by Aurelius Capital Master, Ltd. (cd) |
| ***DELETED ENTRY. Deleted Minute Entry for proceedings held before Judge John G. Koeltl: Interim Pretrial Conference held on 7/26/2012. The document was incorrectly filed in this case. (tro) |
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Filing 253
STIPULATION AND CONSENT ORDER: 1. Plaintiffs' time to respond to the Motion shall be extended through and including August 27, 2012, unless further extended by the parties; and 2. This stipulation relates to scheduling only and is without prejudice to the rights of all parties. which are expressly reserved; and 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the second request for an extension of the briefing schedule for the Motion. (Signed by Judge Thomas P. Griesa on 7/11/2012) (ft)
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| Set/Reset Deadlines: Responses due by 8/27/2012 (ft) |
| Filing 248 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Paes - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 247 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Lazar - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 246 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by John Bardajki. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 245 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Service was accepted by Ms. Akintomide - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 244 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Mr. H. Oshima - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 242 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED re Attachment as to Dresdener Bank AG. Document filed by Aurelius Capital Master, Ltd.. (cd) |
| Filing 240 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Bank of America NA on 3/17/2010. Service was accepted by Mr. A. Paliwal - Sales. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) |
| Filing 236 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Emigrant Bank on 4/7/2010. Service was accepted by Ms. Wolfel - Manager. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24,2012; Joseph R. Guccione, United States Marshal, SDNY By: Amaury Pena, Co-op (djc) |
| Filing 235 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Fiduciary Trust Company International on 3/29/2010. Service was accepted by Ms. Garcia. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012 by Amaury Pena, Co-op for Joseph R. Guccione United States Marshal, SDNY (djc) |
| Filing 234 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on First American International Bank on 3/29/2010. Service was accepted by Ms. Wan - Clerk. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012 by Amaury Pena, Co-op for Joseph R. Guccione United States Marshal, SDNY (djc) |
| Filing 233 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on First Commercial Bank on 3/30/2012. Service was accepted by Mr. Fu. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012 by Amaury Pena, Co-op for Joseph R. Guccione United States Marshal, SDNY Document filed by Aurelius Capital Master, Ltd. (djc) Modified on 6/6/2012 (djc). |
| Filing 232 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Fortis Bank SA/NV on 3/30/2010. Service was accepted by Ms. Terrero - Legal. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012 by Amaury Pena, Co-op for Joseph R. Guccione United States Marshal, SDNY (djc) |
| Filing 231 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on The Goldman Sachs Trust Company on 3/15/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro) |
| Filing 230 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on JPMorgan Chase Bank NA on 3/15/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro) |
| Filing 229 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Lloyds TSB Bank plc on 3/29/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro) |
| Filing 228 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Merrill Lynch Bank & Trust Company FSB on 3/17/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro) |
| Filing 227 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Merrill Lynch Bank USA on 3/17/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (mro) |
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Filing 226
STIPULATION AND CONSENT ORDER: WHEREAS on May 22, 2012, the Republic of Argentina filed a Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks (the "Motion"), together with the supporting papers identified in the Motion; and WHEREAS plaintiffs intend to file papers in opposition to the Motion; It is hereby stipulated and Agreed by and between the undersigned counsel as follows: 1. Plaintiffs' time to respond to the Motion shall be extended through and including July 13, 2012 unless further extended by the parties; and 2. This Stipulation relates to scheduling only and is without prejudice to the rights of all parties, which are expressly reserved. 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the first request for an extension of the briefing schedule for the Motion (Signed by Judge Thomas P. Griesa on 5/30/2012) (js)
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| Filing 219 MEMORANDUM OF LAW in Support re: #217 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 218 DECLARATION of Sara A. Sanchez, dated May 22, 2012 in Support re: #217 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-N, #2 Exhibits O-T, #3 Exhibits U-Z)(Blackman, Jonathan) |
| Filing 217 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012. Document filed by The Republic of Argentina.(Blackman, Jonathan) |
| Filing 222 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on The Sumitomo Trust and Banking Company Ltd on 3/30/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) |
| Filing 221 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on TD Bank NA on 3/29/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) |
| Filing 220 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Daiwa Securities America Inc on 4/8/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) |
| Filing 250 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE of "ATTACHMENT" UNEXECUTED as to The Republic of Argentina (Banco Latinoamericano de Exportaciones SA). Service was attempted on 3/30/2010. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied Dated: New York, NY April 24,2012; Joseph R. Guccione USM, SDNY By: Amaury Pena, Co-op. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. (djc) Modified on 6/21/2012 (djc). |
| Filing 239 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was made by Mail. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 252 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on HSBC Bank N.a. on 4/6/2010. Service was accepted by Ms. Muzaffar. Document filed by Aurelius Capital Master, Ltd. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor.)(js) |
| Filing 251 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Bank of New York Mellon on 3/15/2010. Service was accepted by Ms. Muckalli. Document filed by Aurelius Capital Master, Ltd. (I hereby certify and return that I have received no funds or property belonging to the judgment debtor (js) |
| Filing 249 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Cooperative Centrale Raiffeisen-Boeren Leenbank BA Rabobank Nederland on 3/16/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. ***Received for docketing on 6/18/12. (mro) |
| Filing 243 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Deutsche Bank Securities, Inc. on 4/6/10. Service was accepted by Mr. Fransisco. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (ft) |
| Filing 241 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on HSBC Securities (USA) Inc. on 4/6/2010. Service was accepted by Ms. Muzaffar. Document filed by Aurelius Capital Master, Ltd. (ft) |
| Filing 238 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. A. Grigarakes - Clerk. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 237 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. M. Hernandez - Clerk. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify and return that i have received no funds or property belonging to the judgment debtor. (jfe) |
| Filing 225 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Credit Suisse on 3/30/2012. Service was accepted by Mr. Zuelch-Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (pl) |
| Filing 224 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Lazard Ltd on 1/15/2010. Service was accepted by Mr. Rosenberg-Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (pl) |
| Filing 223 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Banco Bilao Vizcaya Argentaria SA on 3/18/2010. Service was accepted by Ms. Otero - Legal. Document filed by Aurelius Capital Master, Ltd.. (pl) |
| Filing 216 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Deutsche Bank AG on 4/6/10. Service was accepted by Mr. Fransisco. Document filed by Aurelius Capital Master, Ltd. ***Judgment unsatisfied pursuant to Amaury Pena as of 4/24/12. (mro) |
| Filing 215 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on BNP Paribas on 3/18/10. Service was accepted by Mr. Fallon. Document filed by Aurelius Capital Master, Ltd. ***Judgment unsatisfied pursuant to Amaury Pena as of 4/24/12. (mro) |
| Filing 214 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Commerzbank AG on 3/22/10. Service was accepted by Ms. Johnson. Document filed by Aurelius Capital Master, Ltd. ***Judgment unsatisfied pursuant to Amaury Pena as of 4/24/12. (mro) |
| Filing 213 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attempted service on Banco Latinoamericano on 3/9/2012. Document filed by Aurelius Capital Master, Ltd. (cd) |
| Filing 212 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on HSBC Bank on 4/6/2012. Document filed by Aurelius Capital Master, Ltd. (cd) |
| Filing 211 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachement served on Federal Reserve Bank of NY on 3/15/2012. Document filed by Aurelius Capital Master, Ltd. (cd) |
| Filing 210 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Capital One on 3/29/2010. Document filed by Aurelius Capital Master, Ltd. (cd) |
| Filing 209 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Mr. Fransisco of Deutsche Bank Trusl Company on 4/6/10. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied Dated: New York, NY April 24, 2012 by Joseph R. Guccione, United States Marshal, SDNY BY: Amaury Pena (Co-Op) (djc) |
| Filing 208 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Ms. Adkins of Credit Industriel et Commercial on 3/30/2012. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied Dated: New York, NY April 24, 2012 by Joseph R. Guccione, United States Marshal, SDNY BY: Amaury Pena (Co-Op) (djc) |
| Filing 207 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on John Erban - Legal of Barclays Bank PLC on 3/18/2010. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied Dated: New York, NY April 24, 2012 by Joseph R. Guccione, United STates Marshal, SDNY BY: Amaury Pena (Co-Op) (djc) |
| Filing 206 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Lazard on 4/7/2012. Service was accepted by Mr. Rosenberg. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. dated 4/24/2012. Joseph R. Guccione US Marshal SDNY. By: Amaury Pena. (rjm) |
| Filing 205 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on American Express Bank on 3/30/2012. Service was accepted by Ms. Akintomide. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. dated 4/24/2012. Joseph R. Guccione US Marshal SDNY. By: Amaury Pena. (rjm) |
| Filing 204 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Depository Trust Co. on 3/15/2010. Service was accepted by Ms. Patterson - legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. dated 4/24/2012. Joseph R. Guccione US Marshal SDNY. By: Amaury Pena. (rjm) |
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Filing 203
OPINION. The Court grants the motions of BCRA, Citibank, and the Republic to vacate the attachment orders. The Court denies plaintiffs' motion to confirm the attachment orders. The Court denies plaintiffs' motion for expedited discovery. This opinion addresses the motions listed as document numbers 308, 311, 326, 331, and 335 in case 07 Civ. 2693, as well as the same motions in the related cases. Re: (96 in 1:09-cv-08757-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (107 in 1:09-cv-10620-TPG) MOTION to Confirm Order of Attachment filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (137 in 1:09-cv-10620-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina, (112 in 1:09-cv-08757-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (121 in 1:09-cv-08757-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina, (133 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (128 in 1:09-cv-10620-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (99 in 1:09-cv-08757-TPG) MOTION to Confirm Order of Attachment filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (117 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (104 in 1:09-cv-10620-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (Signed by Judge Thomas P. Griesa on 3/28/2012) (rjm)
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Filing 202
OPINION re: (377 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (90 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (73 in 1:09-cv-08757-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (35 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (350 in 1:07-cv-11327-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., (358 in 1:07-cv-02715-TPG) MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., (15 in 1:10-cv-03970-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (114 in 1:09-cv-10620-TPG) MOTION to Vacate (70) Order, (71) Order filed by BASF CORPORATION, (27 in 1:10-cv-03507-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (356 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (27 in 1:10-cv-01602-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (340 in 1:07-cv-11327-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., (81 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (31 in 1:10-cv-04782-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (33 in 1:10-cv-03507-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (32 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (26 in 1:10-cv-04101-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Blue Angel Capital I LLC, (29 in 1:10-cv-08339-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (33 in 1:10-cv-04101-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (31 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (65 in 1:09-cv-08757-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (34 in 1:10-cv-03507-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (25 in 1:10-cv-03970-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (17 in 1:10-cv-01602-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (30 in 1:10-cv-08339-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (293 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, (82 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (55 in 1:10-cv-04782-TPG) MOTION to Vacate (13) Order, (14) Order, filed by BASF Corporation, (72 in 1:09-cv-10620-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (17 in 1:10-cv-03507-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (82 in 1:09-cv-10620-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (32 in 1:10-cv-04782-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (59 in 1:10-cv-01602-TPG) MOTION to Vacate (16) Order, (15) Order, filed by BASF Corporation, (34 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (53 in 1:10-cv-08339-TPG) MOTION to Vacate (11) Order, (10) Order, filed by BASF Corporation, (55 in 1:10-cv-03970-TPG) MOTION to Vacate (14) Order, (13) Order, filed by BASF Corporation, (378 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (276 in 1:07-cv-02693-TPG) MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base filed by Blue Angel Capital I LLC, (15 in 1:10-cv-04782-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Blue Angel Capital I LLC, (57 in 1:10-cv-03507-TPG) MOTION to Vacate (15) Order, (16) Order, filed by BASF Corporation, (56 in 1:10-cv-04101-TPG) MOTION to Vacate (14) Order, (15) Order, filed by BASF Corporation, (25 in 1:10-cv-04782-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. filed by Blue Angel Capital I LLC, (22 in 1:10-cv-08339-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (12 in 1:10-cv-08339-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (16 in 1:10-cv-04101-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Blue Angel Capital I LLC, (32 in 1:10-cv-04101-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (89 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (357 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (294 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications
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Filing 201
ORDER GRANTING SUMMARY JUDGMENT AS TO THE AURELIUS PLAINTIFFS' FIRST CAUSE OF ACTION ONLY: granting in part and denying in part #184 Motion for Summary Judgment, granted only as to their first cause of action. Aurelius Capital Master, Ltd. is awarded damages in the amount of$35,951,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and ACP Master, Ltd. is awarded damages in the amount of $18,139,614, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law. Until further notice from the Court, Aurelius Capital Master, Ltd. and ACP Master, Ltd. must refrain from selling or otherwise transferring their beneficial interest in the bonds involved in this action without advising the Court in advance and obtaining permission of the Court. (Signed by Judge Thomas P. Griesa on 3/13/2012) (cd)
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| Filing 200 NOTICE OF APPEAL from #183 Order on Motion for Partial Summary Judgment,, #198 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 0208-7259163. (Boccuzzi, Carmine) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #200 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #167 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #98 Memorandum of Law filed by The Republic of Argentina, #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011. filed by The Republic of Argentina, #59 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #124 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #182 Answer to Amended Complaint filed by The Republic of Argentina, #187 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #85 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #87 Stipulation and Order,,,, #110 Declaration in Support,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,. filed by BASF CORPORATION, #171 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #186 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #105 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #144 Endorsed Letter,, #137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. filed by Banco Central de la Republica Argentina, #183 Order on Motion for Partial Summary Judgment,, #162 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #100 Certificate of Service Other filed by The Republic of Argentina, #76 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #126 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,, #99 Memorandum of Law filed by The Republic of Argentina, #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #153 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #121 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,,,,,,,,,,,, #170 MOTION to Amend/Correct the Complaints. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #131 Declaration in Support of Motion filed by Citibank, N.A., #67 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #134 Declaration filed by The Republic of Argentina, #64 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #142 Certificate of Service Other filed by The Republic of Argentina, #69 Order to Show Cause,,,,, #66 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #108 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #62 Protective Order, #146 Notice of Appearance filed by Citibank, N.A., #96 Declaration filed by The Republic of Argentina, #77 Memorandum of Law in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #151 Declaration in Support of Motion, filed by The Republic of Argentina, #178 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #133 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, #78 Declaration in Support,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #52 Response filed by Banco Central de la Republica Argentina, #88 Endorsed Letter, #80 Declaration in Opposition filed by The Republic of Argentina, #128 MOTION to Vacate Order of Attachment. filed by Citibank, N.A., #97 Declaration filed by The Republic of Argentina, #125 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #136 Declaration filed by The Republic of Argentina, #188 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #84 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #161 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #145 Notice of Appearance filed by Citibank, N.A., #104 MOTION to Expedite Discovery from the Republic and BCRA. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #61 Memorandum & Opinion, #190 Notice of Appeal, filed by The Republic of Argentina, #139 Memorandum of Law filed by The Republic of Argentina, #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #138 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #179 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #68 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #106 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #94 Declaration filed by The Republic of Argentina, #156 Affidavit of Service Other,,, filed by Citibank, N.A., #169 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #83 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #163 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #103 Stipulation and Order,,,,,, #129 Memorandum of Law in Support of Motion filed by Citibank, N.A., #95 Declaration filed by The Republic of Argentina, #91 Declaration filed by The Republic of Argentina, #107 MOTION to Confirm Order of Attachment. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #112 Endorsed Letter, Add and Terminate Attorneys,, #111 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #113 Certificate of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #86 Order,,, #63 Order,,,, #149 Reply Memorandum of Law in Support of Motion filed by BASF CORPORATION, #65 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #130 Declaration in Support of Motion filed by Citibank, N.A., #122 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #56 Order,,,, #173 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #166 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #93 Declaration filed by The Republic of Argentina, #168 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #148 Declaration in Support of Motion filed by BASF CORPORATION, #174 Declaration in Support of Motion,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #79 Affidavit of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #158 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #123 Reply Memorandum of Law in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #152 Declaration in Support of Motion, filed by The Republic of Argentina, #154 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #51 Joinder, filed by The Republic of Argentina, #117 Declaration in Support of Motion filed by BASF CORPORATION, #181 Amended Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #177 Memorandum of Law filed by The Republic of Argentina, #115 Declaration in Support of Motion, filed by BASF CORPORATION, #155 Certificate of Service Other filed by The Republic of Argentina, #60 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #109 Brief filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #73 Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #81 Memorandum of Law in Opposition filed by The Republic of Argentina, #150 Certificate of Service Other, filed by BASF CORPORATION, #118 Memorandum of Law in Support of Motion filed by BASF CORPORATION, #57 USCA Mandate Withdrawing Appeal, #92 Declaration filed by The Republic of Argentina, #157 Reply Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #185 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #160 Certificate of Service Other,,, filed by Citibank, N.A., #175 Response, filed by The Republic of Argentina, #89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, #116 Declaration in Support of Motion filed by BASF CORPORATION, #53 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #70 Order,,,, #172 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #176 Declaration, filed by The Republic of Argentina, #147 Notice of Appearance filed by Citibank, N.A., #135 Declaration filed by The Republic of Argentina, #180 Order,, #119 Certificate of Service Other, filed by BASF CORPORATION, #132 Declaration in Support of Motion filed by Citibank, N.A., #71 Order,,,, #101 Declaration filed by |
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Filing 199
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 198
Vacated as per Judge's Order dated 4/22/2016, Doc. # 681.ORDER: that upon consideration of Plaintiffs' motion, the response of the Republic of Argentina (the "Republic") thereto, Plaintiffs' reply, and all other arguments submitted to the Court in the parties' papers and at oral argument, it is HEREBY ORDERED that: It is DECLARED, ADJUDGED, and DECREED that Plaintiffs are irreparably harmed by and have 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 I (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 Plaintiffs under Paragraph l(c) of the FAA as set forth in Paragraphs 2 (a-F) of this Order. Plaintiffs 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. 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 this ORDER, including, without limitation, by altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without 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 197 REPLY to Response to Motion re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 196 MEMORANDUM OF LAW in Opposition re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 195 DECLARATION of Matias Isasa, Dated February 1, 2012 in Opposition re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 194 DECLARATION of Carmine D. Boccuzzi, Dated February 1, 2012 in Opposition re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-F, #2 Exhibit G)(Boccuzzi, Carmine) |
| Filing 193 DECLARATION of Daniel B. Rapport in Support re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rapport, Daniel) |
| Filing 192 MEMORANDUM OF LAW in Support re: #191 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 191 MOTION for Specific Performance of the Equal Treatment Provision. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Text of Proposed Order)(Friedman, Edward) |
| Filing 190 NOTICE OF APPEAL from #183 Order on Motion for Partial Summary Judgment,,. 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 0208-7099877. (Boccuzzi, Carmine) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #190 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #167 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #98 Memorandum of Law filed by The Republic of Argentina, #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011. filed by The Republic of Argentina, #59 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #124 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #182 Answer to Amended Complaint filed by The Republic of Argentina, #187 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #85 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #87 Stipulation and Order,,,, #110 Declaration in Support,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,. filed by BASF CORPORATION, #171 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #186 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #105 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #144 Endorsed Letter,, #137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. filed by Banco Central de la Republica Argentina, #183 Order on Motion for Partial Summary Judgment,, #162 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #100 Certificate of Service Other filed by The Republic of Argentina, #76 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #126 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,, #99 Memorandum of Law filed by The Republic of Argentina, #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #153 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #121 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,,,,,,,,,,,, #170 MOTION to Amend/Correct the Complaints. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #131 Declaration in Support of Motion filed by Citibank, N.A., #67 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #134 Declaration filed by The Republic of Argentina, #64 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #142 Certificate of Service Other filed by The Republic of Argentina, #69 Order to Show Cause,,,,, #66 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #108 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #62 Protective Order, #146 Notice of Appearance filed by Citibank, N.A., #96 Declaration filed by The Republic of Argentina, #77 Memorandum of Law in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #151 Declaration in Support of Motion, filed by The Republic of Argentina, #178 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #133 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, #78 Declaration in Support,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #52 Response filed by Banco Central de la Republica Argentina, #88 Endorsed Letter, #80 Declaration in Opposition filed by The Republic of Argentina, #128 MOTION to Vacate Order of Attachment. filed by Citibank, N.A., #97 Declaration filed by The Republic of Argentina, #125 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #136 Declaration filed by The Republic of Argentina, #188 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #84 Declaration in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #161 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #145 Notice of Appearance filed by Citibank, N.A., #104 MOTION to Expedite Discovery from the Republic and BCRA. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #61 Memorandum & Opinion, #190 Notice of Appeal, filed by The Republic of Argentina, #139 Memorandum of Law filed by The Republic of Argentina, #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #138 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #179 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #68 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #106 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #94 Declaration filed by The Republic of Argentina, #156 Affidavit of Service Other,,, filed by Citibank, N.A., #169 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #83 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #163 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #103 Stipulation and Order,,,,,, #129 Memorandum of Law in Support of Motion filed by Citibank, N.A., #95 Declaration filed by The Republic of Argentina, #91 Declaration filed by The Republic of Argentina, #107 MOTION to Confirm Order of Attachment. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #112 Endorsed Letter, Add and Terminate Attorneys,, #111 Declaration in Support, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #113 Certificate of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #86 Order,,, #63 Order,,,, #149 Reply Memorandum of Law in Support of Motion filed by BASF CORPORATION, #65 Notice of Change of Address filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #130 Declaration in Support of Motion filed by Citibank, N.A., #122 Reply Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #56 Order,,,, #173 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #166 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #93 Declaration filed by The Republic of Argentina, #168 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #148 Declaration in Support of Motion filed by BASF CORPORATION, #174 Declaration in Support of Motion,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #79 Affidavit of Service Other filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #158 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #123 Reply Memorandum of Law in Support of Motion,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #152 Declaration in Support of Motion, filed by The Republic of Argentina, #154 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #51 Joinder, filed by The Republic of Argentina, #117 Declaration in Support of Motion filed by BASF CORPORATION, #181 Amended Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #177 Memorandum of Law filed by The Republic of Argentina, #115 Declaration in Support of Motion, filed by BASF CORPORATION, #155 Certificate of Service Other filed by The Republic of Argentina, #60 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #109 Brief filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #73 Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #81 Memorandum of Law in Opposition filed by The Republic of Argentina, #150 Certificate of Service Other, filed by BASF CORPORATION, #118 Memorandum of Law in Support of Motion filed by BASF CORPORATION, #57 USCA Mandate Withdrawing Appeal, #92 Declaration filed by The Republic of Argentina, #157 Reply Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #185 Rule 56.1 Statement filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #160 Certificate of Service Other,,, filed by Citibank, N.A., #175 Response, filed by The Republic of Argentina, #89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, #116 Declaration in Support of Motion filed by BASF CORPORATION, #53 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #70 Order,,,, #172 Memorandum of Law in Support of Motion filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #176 Declaration, filed by The Republic of Argentina, #147 Notice of Appearance filed by Citibank, N.A., #135 Declaration filed by The Republic of Argentina, #180 Order,, #119 Certificate of Service Other, filed by BASF CORPORATION, #132 Declaration in Support of Motion filed by Citibank, N.A., #71 Order,,,, #101 Declaration filed by |
| Filing 189 SEALED DOCUMENT placed in vault.(mps) |
| Filing 188 MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rieman, Walter) |
| Filing 187 DECLARATION of Luc M. Dowling in Support re: #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Rieman, Walter) |
| Filing 186 DECLARATION of Walter Rieman in Support re: #184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rieman, Walter) |
| Filing 185 RULE 56.1 STATEMENT. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rieman, Walter) |
| Filing 184 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rieman, Walter) |
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Filing 183
ORDER granting #165 Motion for Partial Summary Judgment filed by ACP Master, Ltd. and Aurelius Capital Master, Ltd.: The motion for partial summary judgment pursuant to Rule 56(a) is GRANTED. The Republic is required under Paragraph 1(c) of the FAA at all times to rank its payment obligations pursuant to Plaintiffs' Bonds at least equally with all the Republic's other present and future unsecured and unsubordinated External Indebtedness, as further set forth on this Order. (Signed by Judge Thomas P. Griesa on 12/13/2011) (ab)
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| Filing 182 ANSWER to #181 Amended Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 181 AMENDED COMPLAINT amending #1 Complaint against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Related document: #1 Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) |
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Filing 180
ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINTS: IT IS HEREBY ORDERED that the Republic's Opposition to the NML Motion and all objections and defenses raised therein shall be deemed part of the record in the above-captioned cases for all purposes, including any appeal; IT IS HEREBY FURTHER ORDERED that the NML Reply and all arguments raised therein shall be deemed part of the record in the above-captioned cases for all purposes, including appeal; and IT IS HEREBY FURTHER ORDERED that plaintiffs' Motion for Leave to Amend Complaints is granted. (Signed by Judge Thomas P. Griesa on 11/18/2011) (lmb)
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| Filing 179 DECLARATION of Daniel B. Rapport in Support re: #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rapport, Daniel) |
| Filing 178 REPLY MEMORANDUM OF LAW in Support re: #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 177 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pursuant to the Pari Passu Clause, dated November 9, 2011 re: #165 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 176 DECLARATION of Carmine D. Boccuzzi in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pursuant to the Pari Passu Clause, dated November 9, 2011 #165 . Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-D, #2 Exhibits E-K, #3 Exhibits L-M, #4 Exhibits N-O, #5 Exhibits P-BB)(Boccuzzi, Carmine) |
| Filing 175 RESPONSE re: #167 Rule 56.1 Statement / Response of the Republic of Argentina to Plaintiffs' Statement of Material Facts Pursuant to Local Rule 56.1 in Support of Plaintiffs' Motion for Partial Summary Judgment with Respect to their Claims for Breach of the Pari Passu Clause, dated November 9, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 174 DECLARATION of Daniel B. Rapport in Support re: #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 (part 1 of 3), #13 Exhibit L (part 2 of 3), #14 Exhibit L (part 3 of 3), #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X)(Rapport, Daniel) |
| Filing 173 DECLARATION of Daniel B. Rapport in Support re: #170 MOTION to Amend/Correct the Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Rapport, Daniel) |
| Filing 172 MEMORANDUM OF LAW in Support re: #170 MOTION to Amend/Correct the Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 171 DECLARATION of Avram Friedman in Support re: #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1)(Friedman, Edward) |
| Filing 170 MOTION to Amend/Correct the Complaints. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rapport, Daniel) |
| Filing 169 DECLARATION of Luc M. Dowling in Support re: #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1)(Friedman, Edward) |
| Filing 168 NOTICE OF APPEARANCE by Daniel Benjamin Rapport on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd. (Rapport, Daniel) |
| Filing 167 RULE 56.1 STATEMENT. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 166 MEMORANDUM OF LAW in Support re: #165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 165 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 164 SEALED DOCUMENT placed in vault.(nm) |
| Filing 163 REPLY MEMORANDUM OF LAW in Support re: #137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Ushkow, Michael) |
| Filing 162 REPLY MEMORANDUM OF LAW in Support re: #128 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James) |
| Filing 161 REPLY MEMORANDUM OF LAW in Support re: #133 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Moore, Christopher) |
| Filing 160 CERTIFICATE OF SERVICE of Notice of Citibank's Motion to Vacate Attachment Order, Citibank's Memorandum of Law in Support of Its Motion to Vacate and in Opposition to Plaintiffs' Motion to Confirm the Order of Attachment, Declaration of James L. Kerr in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment with Exhibit A, Declaration of Hugo N. L. Bruzone in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment, and Declaration of Frederico Elewaut in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment with Attached Exhibits Al -F served on Edward A. Friedman on September 8, 2011. Document filed by Citibank, N.A.. (Schweigert, Benedict) |
| Filing 159 SEALED DOCUMENT placed in vault.(nm) |
| Filing 158 DECLARATION of Daniel B. Rapport in Support re: #104 MOTION to Expedite Discovery from the Republic and BCRA., #107 MOTION to Confirm Order of Attachment.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rapport, Daniel) |
| Filing 157 REPLY MEMORANDUM OF LAW in Support re: #107 MOTION to Confirm Order of Attachment., #104 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) |
| Filing 156 AFFIDAVIT OF SERVICE of Notice of Citibank's Motion to Vacate Attachment Order, Citibank's Memorandum of Law in Support of its Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, Declaration of James L. Kerr in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, Declaration of Hugo N.L. Bruzone in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, and Declaration of Frederico Elewaut in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment with Exhibits A-F served on Edward A. Friedman and Charles Platto on September 8, 2011. Document filed by Citibank, N.A.. (Kerr, James) |
| Filing 155 CERTIFICATE OF SERVICE of Richard V. Conza on September 16, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 154 REPLY MEMORANDUM OF LAW in Support re: #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 153 REPLY MEMORANDUM OF LAW in Support re: #89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 152 DECLARATION of /Second Declaration of Claudio Solari, dated July 21, 2011 in Support re: #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 151 DECLARATION of Carmine D. Boccuzzi, dated September 16, 2011 in Support re: #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 150 CERTIFICATE OF SERVICE of Reply Declarartion of Mark S. Scott and BASF's Reply Memorandum of Law in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders and in Further Support of Motion to Vacate. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 149 REPLY MEMORANDUM OF LAW in Support re: #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,. and in Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 148 DECLARATION of Mark S. Scott in Support re: #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,.. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 147 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citibank, N.A. (Knapp, Lindsey) |
| Filing 146 NOTICE OF APPEARANCE by Benedict John Schweigert on behalf of Citibank, N.A. (Schweigert, Benedict) |
| Filing 145 NOTICE OF APPEARANCE by Edmund Polubinski, III on behalf of Citibank, N.A. (Polubinski, Edmund) |
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Filing 144
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 9/13/2011 re: The parties have agreed to extend the deadline for the Republic and BASF Corp to reply papers in further support of their respective Motions to Vacate the two ex parte Attachment Orders obtained by plaintiffs on May 16, 2011 from September 14, 2011 to September 16, 2011. We respectfully request that the Court so Order this letter and enter it on the dockets fo the cases listed in Addendum A. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/13/2011) (rdz)
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| Filing 142 CERTIFICATE OF SERVICE of Brendan Cyr on September 8, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 143 SEALED DOCUMENT placed in vault.(nm) |
| Filing 141 SEALED DOCUMENT placed in vault.(nm) |
| Filing 140 SEALED DOCUMENT placed in vault.(mps) |
| Filing 139 MEMORANDUM OF LAW Dated September 8, 2011 in Opposition re #104 and #107 and in Support re #133 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 138 MEMORANDUM OF LAW in Support re: #137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 137 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) |
| Filing 136 DECLARATION of Carmine D. Boccuzzi, dated September 8, 2011 in Opposition re #104 and #107 and in Support re #133 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 135 DECLARATION of Francisco Eggers, dated September 8, 2011 in Opposition re #104 and #107 and in Support re #133 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 134 DECLARATION of Adrian E. Cosentino, dated August 3, 2011 in Opposition re #104 and #107 and in Support re #133 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 133 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Citibank at the Federal Reserve Bank of New York, Dated September 8, 2011.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 132 DECLARATION of Federico Elewaut in Support re: #128 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James) |
| Filing 131 DECLARATION of Hugo N. L. Bruzone in Support re: #128 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James) |
| Filing 130 DECLARATION of James L. Kerr in Support re: #128 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James) |
| Filing 129 MEMORANDUM OF LAW in Support re: #128 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James) |
| Filing 128 MOTION to Vacate Order of Attachment. Document filed by Citibank, N.A..(Kerr, James) |
| Filing 127 DECLARATION of Kimberly Hamm - REDACTED in Support of #82 and in Opposition to #90 . in Support re: #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P, #4 Exhibit Q-V, #5 Exhibit W-AA)(Hamm, Kimberly) |
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Filing 126
STIPULATION AND CONSENT ORDER: Any memoranda of law and other papers in opposition to the Discovery Motion and Motion to Confirm shall be filed and served on or before September 8, 2011; any reply thereto shall be filed and served on or before September 28, 2011; and oral argument with respect to the Discovery Motion and Motion to Confirm shall be heard on a date to be set by the Court that is on or after October 3, 2011. (Responses due by 9/8/2011. Replies due by 9/28/2011.) (Signed by Judge Thomas P. Griesa on 9/1/2011) (ab)
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| Filing 125 DECLARATION of Kimberly Hamm in Support of #82 and in Opposition to #90 in Support re: #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P, #4 Exhibit Q-V, #5 Exhibit W, #6 Exhibit X- PART 1, #7 Exhibit X- PART 2, #8 Exhibit Y, #9 Exhibit Z-PART 1, #10 Exhibit Z-PART 2, #11 Exhibit AA)(Hamm, Kimberly) |
| Filing 124 DECLARATION of Kimberly Hamm in Support of #82 and in Opposition to #89 in Support re: #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-C)(Hamm, Kimberly) |
| Filing 123 REPLY MEMORANDUM OF LAW in Support re: #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF., #89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. Memorandum of Law in Opposition to #89 . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
| Filing 122 REPLY MEMORANDUM OF LAW in Support re: #90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Memorandum of Law In Opposition to #90 . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
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Filing 121
STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows: With respect to the FRBNY Subpoena, the date to respond or object to the request for documents is adjourned from August 15 to August 29, 2011, and the date for testimony is adjourned sine die. With respect to the Citibank Subpoena, the date to respond or object to the request for documents is adjourned from August 15 to August 29, 2011, and the date for testimony is adjourned sine die. Any memoranda of law and other papers in opposition to the Discovery Motion and Motion to Confirm shall be filed and served on or before September 1, 2011; any reply thereto shall be filed and served on or before September 21, 2011; and oral argument with respect to the Discovery Motion and Motion to Confirm shall be heard on a date to be set by the Court that is on or after September 22, 2011. Nothing herein shall constitute a waiver of sovereign immunity nor consent to personal or subject matter jurisdiction. Set Deadlines/Hearing as to (392 in 1:07-cv-02715-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (395 in 1:07-cv-02715-TPG) MOTION to Confirm Order of Attachment, (374 in 1:07-cv-11327-TPG) MOTION to Confirm Order of Attachment, (371 in 1:07-cv-11327-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (308 in 1:07-cv-02693-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (311 in 1:07-cv-02693-TPG) MOTION to Confirm Order of Attachment, (96 in 1:09-cv-08757-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (99 in 1:09-cv-08757-TPG) MOTION to Confirm Order of Attachment, (107 in 1:09-cv-10620-TPG) MOTION to Confirm Order of Attachment, (104 in 1:09-cv-10620-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (53 in 1:10-cv-01602-TPG) MOTION to Confirm Order of Attachment, (50 in 1:10-cv-01602-TPG) MOTION to Expedite Discovery from the Republic and BCRA:( Responses due by 9/1/2011, Replies due by 9/21/2011.) (Signed by Judge Thomas P. Griesa on 8/19/2011) (mro)
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| Filing 120 SEALED DOCUMENT placed in vault.(nm) |
| Filing 119 CERTIFICATE OF SERVICE of BASF's Motion to Vacate Ex-Parte Attachment Orders; Declaration of S. Alyssa Young in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders and in Support of Motion to Vacate; Declaration of Mark S. Scott; Declaration of Alyson Emanuel; and BASF's Memorandum of Law in Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders and in Support of Motion to Vacate. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 118 MEMORANDUM OF LAW in Support re: #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,. and in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 117 DECLARATION of Alyson Emanuel in Support re: #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,.. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 116 DECLARATION of Mark S. Scott in Support re: #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,.. Document filed by BASF CORPORATION. (Young, S. Alyssa) |
| Filing 115 DECLARATION of S. Alyssa Young in Support re: #114 MOTION to Vacate #70 Order,,,, #71 Order,,,,.. Document filed by BASF CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal), #6 Exhibit F (Filed Under Seal), #7 Exhibit G (Filed Under Seal), #8 Exhibit H (Filed Under Seal))(Young, S. Alyssa) |
| Filing 114 MOTION to Vacate #70 Order,,,, #71 Order,,,,. Document filed by BASF CORPORATION.(Young, S. Alyssa) |
| Filing 113 CERTIFICATE OF SERVICE of Notice of Motion to Confirm Order of Attachment and supporting papers served on Federal Reserve Bank of New York on 8/9/11. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Stubbs, Emily) |
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Filing 112
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Chad Leicht dated 7/29/2011 re: Counsel writes to request that his name be removed from the docket and that he no longer receive electronic notifications in this action as counsel for Aurelius Capital Master, Ltd. and ACP Master, Ltd. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/9/2011) (ab)
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| Filing 111 DECLARATION of Kenneth N. Kuttner in Support re: #109 Brief. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Stubbs, Emily) |
| Filing 110 DECLARATION of Emily A. Stubbs in Support re: #109 Brief. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36)(Stubbs, Emily) |
| Filing 109 BRIEF in Support of Plaintiffs' Application for Order of Attachment. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 108 MEMORANDUM OF LAW in Support re: #107 MOTION to Confirm Order of Attachment.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 107 MOTION to Confirm Order of Attachment. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
| Filing 106 DECLARATION of Daniel B. Rapport in Support re: #104 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rapport, Daniel) |
| Filing 105 MEMORANDUM OF LAW in Support re: #104 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) |
| Filing 104 MOTION to Expedite Discovery from the Republic and BCRA. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) |
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Filing 103
STIPULATION AND ORDER: 1. BASF shall have until August 17, 2011 to (a) serve papers in response to plaintiffs' "Motion to Confirm the Pre-Judgment And Post-Judgment Attachment Orders Dated May 16, 2011 and Directed at Royalty/Licensing Fees The Republic is Entitled to Receive from BASF," dated May 17, 2011, and plaintiffs' "Motion to Confirm the Attachment Orders Against the Republic's Property Interests in United States Patents," dated May 23, 2011 (together, the "Motions to Confirm"); and/or (b) move to vacate the Attachment Orders obtained by plaintiffs on May 16,2011; 2. Plaintiffs shall have until August 31, 2011 to serve reply papers in further support of their Motions to Confirm, and to serve papers in response to the Republic's Motions to Vacate filed on June 30, 2011 and any papers filed by BASF on August 17, 2011; The Republic and BASF shall have until September 14, 2011 to serve reply papers in further support of their respective Motions to Vacate, if any. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel for plaintiffs and the Republic represent that this is the second request for an extension of the briefing schedule for these Motions and that such request is being made in order to allowBASF to be heard in connection with these Motions. The first request for an extension of the briefing schedule was granted. (Signed by Judge Thomas P. Griesa on 7/22/2011) (mbe) Modified on 8/24/2011 (ae).
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| Filing 102 SEALED DOCUMENT placed in vault.(nm) |
| Filing 101 DECLARATION of Carmine D. Boccuzzi [REDACTED] in Opposition re #72 and in Support re #89 . Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A through E, #2 Exhibits F through J)(Boccuzzi, Carmine) |
| Filing 100 CERTIFICATE OF SERVICE of Brendan Cyr on June 30, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 99 MEMORANDUM OF LAW in Opposition re #82 and in Support re #90 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 98 MEMORANDUM OF LAW in Opposition re #72 and in Support re #89 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 97 DECLARATION of Carmine D. Boccuzzi in Opposition re #82 and in Support re #90 . Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 96 DECLARATION of Carmine D. Boccuzzi in Opposition re #72 and in Support re #89 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 95 DECLARATION of Enrique Mario Martinez in Opposition re #82 and in Support re #90 . Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 94 DECLARATION of Faustino Sineriz in Opposition re #82 and in Support re #90 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 93 DECLARATION of Rodolfo Ariel Blasco in Opposition re #82 and in Support re #90 . Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 92 DECLARATION of Claudio Solari in Opposition re #82 and in Support re #90 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 91 DECLARATION of Adolfo Luis Cerioni in Opposition re #72 and #82 and in Support re #89 and #90 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 90 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 89 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 88 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 6/24/2011 re: Counsel for the Republic requests that Your Honor instruct the Clerk of the Court to designate the following four non-ECF cases as ECF cases: 07cv2715, 07cv2693, 09cv10620, 10cv1602. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/28/2011) (tro) |
| Case Designated ECF. (tro) |
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Filing 87
STIPULATION AND ORDER. The Republic shall have until June 30, 2011 to (a) serve papers in response to plaintiffs' "Motion to Confirm the Pre-Judgment And Post-Judgment Attachment Orders Dated May 16, 2011 and Directed at Royalty/Licensing Fees The Republic is Entitled to Receive from BASF," dated May 17, 2011, and plaintiffs' "Motion to Confirm the Attachment Orders Against the Republic's Property Interests in United States Patents," dated May 23, 2011 (together, the "Motions to Confirm"); and (b) move to vacate the Attachment Orders obtained by plaintiffs on May 16, 2011 (the "Motion to Vacate"); Plaintiffs shall have until July 29, 2011 to serve reply papers, if any, in further support of their Motions to Confirm, and to serve papers in response to the Republic's Motion to Vacate; The Republic shall have until August 12, 2011 to serve reply papers, if any, in further support of its Motion to Vacate, and as further set forth. (Signed by Judge Thomas P. Griesa on 6/7/11) (rjm)
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| Set/Reset Deadlines: Motions due by 6/30/2011. (rjm) |
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Filing 86
ORDER MODIFYING AUTHORITY OF RECEIVER APPOINTED MAY 16, 2011. IT IS HEREBY ORDERED that this Order modifying the scope of the Receiver's authority provided in the May 16 Order shall apply nunc pro tunc and operate as an extension of the May 16 Order, so that the priority of the plaintiffs in the above-captioned actions (the "Aurelius Plaintiffs" or "Plaintiffs") will be protected under the provisions of the N.Y. C.P.L.R. FURTHER ORDERED that the powers and authority of Bart M. Schwartz, as Receiver provided in the May 16 Order while the merits of this action concerning certain US Patent Interests are pending, are hereby revised and replaced in their entirety with the following as further specified in this order. (Signed by Judge Thomas P. Griesa on 5/31/11) (rjm)
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| Filing 85 NOTICE OF APPEARANCE by Kimberly Ann Hamm on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd. (Hamm, Kimberly) |
| Filing 84 DECLARATION of Barry R. Ostrager in Support re: #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A (Part 1 of 3), #2 Exhibit A (Part 2 of 3), #3 Exhibit A (Part 3 of 3), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P)(Ostrager, Barry) |
| Filing 83 MEMORANDUM OF LAW in Support re: #82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
| Filing 82 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Ostrager, Barry) |
| Filing 81 MEMORANDUM OF LAW in Opposition to the Aurelius Plaintiffs' Order to Show Cause to Appoint a Receiver and for Expedited Discovery, dated May 19, 2011 re #69 . Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 80 DECLARATION of Sara A. Sanchez, dated May 19, 2011 (with Exhibits A through M) re #69 in Opposition. Document filed by The Republic of Argentina. (Moore, Christopher) |
| Filing 79 AFFIDAVIT OF SERVICE of Multiple Documents served on Multiple Parties on 5/16/2011. Service was accepted by Multiple People. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
| Filing 78 DECLARATION of Barry R. Ostrager in Support re: #69 Order to Show Cause,,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A - Part 1 of 3, #2 Exhibit A - Part 2 of 3, #3 Exhibit A - Part 3 of 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q)(Ostrager, Barry) |
| Filing 77 MEMORANDUM OF LAW in Support re: #69 Order to Show Cause,,,,, - Memorandum of Law in Support of the Aurelius Plaintiffs' Motion by Order to Show Cause for Attachment Orders and the Appointment of a Receiver to Seize and Liquidate the Republic's Property Interests in United States Patents. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
| Filing 76 DECLARATION of Barry R. Ostrager in Support re: #71 Order,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A-B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E-F, #5 Exhibit G-I, #6 Exhibit J, #7 Exhibit K-L, #8 Exhibit M-R)(Ostrager, Barry) |
| Filing 75 MEMORANDUM OF LAW in Support re: #71 Order,,,, - Memorandum of Law in Support of the Aurelius Plaintiffs' Motion by Order to Show Cause for an Attachment Order Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
| Filing 74 DECLARATION of Barry R. Ostrager in Support re: #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-F, #6 Exhibit G-I, #7 Exhibit J, #8 Exhibit K-L, #9 Exhibit M-R)(Ostrager, Barry) |
| Filing 73 MEMORANDUM OF LAW in Support re: #72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Ostrager, Barry) |
| Filing 72 MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Ostrager, Barry) |
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Filing 71
ATTACHMENT ORDER. IT IS HEREBY ORDERED that the Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or post-judgment attachment or order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for the Plaintiffs in the Pending Aurelius and/or Blue Angel Actions; and IT IS FURTHER ORDERED that the amount to be secured by this Order is $1,168,014,352, the sum of (a) the original principal amounts claimed in the Pending Aurelius and Blue Angel Actions, (b) the amount of prejudgment interest that Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC calculate they are owed as of May 13, 2011 in those Actions, and (c) the Final Judgment amount in favor of the Post-Judgment Plaintiffs in the Post-Judgment Actions, plus post-judgment interest on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961; IT IS FURTHER ORDERED that opposing papers if any are to be served upon counsel for Plaintiffs, Susan M. Cordaro, Esq., Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm)
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Filing 70
ATTACHMENT ORDER. IT IS HEREBY ORDERED that the Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or post-judgment attachment or order pursuant to 28 U.S.C. 1610(c) following entry of a judgment for the Plaintiffs in the Pending Aurelius and/or Blue Angel Actions; and IT IS FURTHER ORDERED that the amount to be secured by this Order is $1,168,014,352, the sum of (a) the original principal amounts claimed in the Pending Aurelius and Blue Angel Actions, (b) the amount of prejudgment interest that Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC calculate they are owed as of May 13, 2011 in those Actions, and (c) the Final Judgment amount in favor of the Post-Judgment Plaintiffs in the Post-Judgment Actions, plus post-judgment interest on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961; IT IS FURTHER ORDERED that opposing papers if any are to be served upon counsel for Plaintiffs, Susan M. Cordaro, Esq., Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm)
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Filing 69
ORDER TO SHOW CAUSE AND APPOINTING RECEIVER. LET THE DEFENDANT HEREIN SHOW CAUSE, before Judge Thomas P. Griesa, Room 268, at the United States Courthouse located at 500 Pearl Street, New York, on the 20th day of May, 2011 at noon, or as soon thereafter as counsel may be heard, why plaintiffs in the above-captioned actions (the "Aurelius Plaintiffs" or "Plaintiffs") should not be granted for the following relief: (a) An order appointing Bart M. Schwartz as Receiver, pursuant to N.Y. C.P.L.R. Section 5228, (b) Limited expedited discovery, pursuant to Fed. R. Civ. P. 26 and 69 and N.Y. C.P.L.R. 5223 and 5224, and such other and further relief as this Court may deem necessary and appropriate under the circumstances. Order Appointing A Receiver Pending the hearing referred to above. It is ordered that pursuant to 28 U.S.C. 1610, Fed. R. Civ. P. 64 and 69, and N.Y. C.P.L.R. 5228(a), 5234(c) and 5240, Bart M. Schwartz is hereby appointed as Receiver with respect to the US Patent Interests and to effectuate the Attachment Order entered by the Court contemporaneously herewith, and as further set forth. Show Cause Hearing set for 5/20/2011 at 12:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm) Modified on 5/17/2011 (rjm).
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| Filing 68 NOTICE OF CHANGE OF ADDRESS by Edward A. Friedman on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Friedman, Edward) |
| Filing 67 NOTICE OF CHANGE OF ADDRESS by Andrew W. Goldwater on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Goldwater, Andrew) |
| Filing 66 NOTICE OF CHANGE OF ADDRESS by Jessica Axelandra Murzyn on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Murzyn, Jessica) |
| Filing 65 NOTICE OF CHANGE OF ADDRESS by Chad Michael Leicht on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Leicht, Chad) |
| Filing 64 NOTICE OF CHANGE OF ADDRESS by Emily Anne Stubbs on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: 7 Times Square, New York, New York, 10036, 212-833-1100. (Stubbs, Emily) |
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Filing 63
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 62
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Thomas P. Griesa on 7/1/10) (pl)
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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 REPLY MEMORANDUM OF LAW in Support re: #53 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Blackman, Jonathan) |
| Filing 59 REPLY MEMORANDUM OF LAW in Support re: #53 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 58 SEALED DOCUMENT placed in vault.(cb) |
| Filing 57 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to #41 Notice of Appeal filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. USCA Case Number 10-0841-cv(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 04/09/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #57 USCA Mandate Withdrawing Appeal,. (nd) |
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Filing 56
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 55 SEALED DOCUMENT placed in vault.(nm) |
| Filing 54 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 53 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 52 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph) |
| Filing 51 JOINDER to join The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 Submissions and Memorandum of Law in Further Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 50 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for #41 Notice of Appeal filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. USCA Case Number 10-0841-cv(con), 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (nd). |
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Filing 49
ORDER of USCA (Certified Copy) as to #41 Notice of Appeal filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. USCA Case Number 10-0837-cv(L). Upon due consideration, it is hereby ORDERED that the emergency motions of the Republic and Citibank are GRANTED and the district court's March 10, 2010 stay is VACATED because, whether our review is de novo or limited to abuse of discretion, the four factors relevant to imposition of stay cannot support the challenged order. It is further ORDERED that Citibank's motion is DENIED to the extent it seeks vacatur of the district court's March 5, 2010 order. The order is properly reviewed in the pending expedited appeal. It is further ORDERED that the petition for permission to appeal under 28 U.S.C. 1292(b) filed by Aurelius on March 22, 2010, is referred to the merits panel. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 03/24/2010. (nd)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #30 Memorandum & Opinion,, #44 Certificate of Service Other filed by The Republic of Argentina, #31 Order,,, #42 Notice (Other) filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #35 Declaration in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #33 CROSS MOTION to Confirm the Attachment Order. filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #39 Notice (Other) filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #7 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #10 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #5 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #37 Declaration filed by The Republic of Argentina, #9 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #15 Order,,,,,, #27 Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #13 Order,,,,,,, #47 Order, Set Deadlines/Hearings,, #36 Notice (Other), Notice (Other) filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #14 Order,,,, #45 Order,,, #22 Answer to Complaint filed by The Republic of Argentina, #48 Order, #6 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #49 USCA Order Non-Dismissal,,, #34 Memorandum of Law in Support of Motion, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #17 Stipulation and Order,,,,,,, #18 Joinder filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #4 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #12 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #28 Declaration in Support of Motion,,,, filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #29 Notice (Other) filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #11 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #43 Certificate of Service Other filed by The Republic of Argentina, #41 Notice of Appeal filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #26 EX PARTE MOTION for Writ of Attachment (REDACTED). filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #3 Notice of Case Assignment/Reassignment, #32 Order,,,, #25 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED). filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #20 Notice (Other), Notice (Other), Notice (Other), Notice (Other) filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #8 Notice of Appearance filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #38 Memorandum of Law filed by The Republic of Argentina, #40 Order,,,,,,,,,,,,,,, #23 Certificate of Service Other filed by The Republic of Argentina, #19 Bond filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., #24 Notice of Appearance filed by Citibank, N.A. USCA Case Number 10-0841-cv(con), were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 46 SEALED DOCUMENT placed in vault.(nm) |
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Filing 45
ORDER CERTIFYING RULING FOR IMMEDIATE APPEAL UNDER 28 U.S.C. 1292(b): On March 5, 2010 the District Court made a ruling that plaintiffs are not entitled to attachments and restraints with respect to a securities custodial account. The District Court grants plaintiffs' motion to certify the ruling of March 5, 2010 for appeal pursuant to 28 U.S.C. 1292(b). In the event that the Court of Appeals concludes that this ruling is not otherwise appealable under 28 U.S.C. 1292(a), the District Court finds that the criteria for appeal pursuant to 28 U.S.C. 1292(b) are met. The District Court believes that a review of the March 5 ruling will show that there are questions of law which should be answered with finality by the Court of Appeals, and cannot be so resolved by the District Court, and that it would be deprivation of justice to deny plaintiffs the opportunity for appeal. (Signed by Judge Thomas P. Griesa on 3/11/2010) (jfe)
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| Filing 44 CERTIFICATE OF SERVICE of Richard V. Conza, dated March 10, 2010 re #38 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 43 CERTIFICATE OF SERVICE of Richard V. Conza, dated March 10, 2010 re #37 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 42 NOTICE of Filing (REDACTED). Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (REDACTED))(Friedman, Edward) |
| Transmission of Notice of Appeal to the District Judge re: #41 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #41 Notice of Appeal. (nd) |
| Filing 41 NOTICE OF APPEAL (Filed in the Night Deposit Box at 6:33PM) from #30 Memorandum & Opinion,,. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. Filing fee $ 455.00, receipt number E 896796. (nd) |
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Filing 40
ORDER CONCERNING STAY PENDING APPEAL: Pending the final resolution of plaintiffs' appeal from the March 5 Order, the implementation of the March 5 Order is stayed, and the February 23 Orders shall remain in full force and effect in accordance with their terms except as modified herein. Plaintiffs shall on or before March 12, file a Notice of Appeal in respect of the March 5 Order and a Motion to Expedite such appeal. The penultimate decretal paragraph in the Attachment Order which provide as follows: EXCEPT THAT this Attachment Order shall not prevent or restrain the day-to-day ordinary-course trading and investment management with respect to any Security Entitlements, PROVIDED THAT, to the extent any Security Entitlements relate to securities of any issuer that is not the Republic or any agency, instrumentality or affiliate of the Republic, such Security Entitlements shall not be transferred or exchanged for, and any funds derived therefrom shall not be invested in, securities or Security Entitlements of any issuer that is the Republic or any agency, instrumentality or affiliate of the Republic, PROVIDED FURTHER, no Intangible Property shall be transferred or moved from one account to another account, and PROVIDED FURTHER, to the extent that any cash proceeds are received in respect of any Intangible Property, such cash shall be transferred only to a segregated account with Citibank in the United States created for that purpose and identified to plaintiffs and such account shall be subject to all restraints ordered herein, shall be deleted and replaced with the following: EXCEPT THAT IT IS FURTHER PROVIDED THAT nothing herein shall attach or restrain any property above an amount of $801,866,784 or from being used for day-to-day ordinary course trading and investment management with respect to any Security Entitlements. The concluding decretal paragraph in this Restraining Order which provides as follows: EXCEPT THAT this Restraining Order shall not prevent or restrain the day-to-day ordinary-course trading and investment management with respect to any Security Entitlements, PROVIDED THAT, to the extent any Security Entitlements relate to securities of any issuer that is not the Republic or any agency, instrumentality or affiliate of the Republic, such Security Entitlements shall not be transferred or exchanged for, and any funds derived therefrom shall not be invested in, securities or Security Entitlements of any issuer that is the Republic or any agency, instrumentality or affiliate of the Republic, PROVIDED FURTHER, no Intangible Property shall be transferred or moved from one account to another account, and PROVIDED FURTHER, to the extent that any cash proceeds are received in respect of any Intangible Property, such cash shall be transferred only to a segregated account with Citibank in the United States created for that purpose and identified to plaintiffs and such account shall be subject to all restraints ordered herein, should be deleted and replaced with the following: EXCEPT THAT IT IS FURTHER PROVIDED THAT nothing herein shall attach or restrain any property above an amount of $801,866,784 or from being used for day-to-day ordinary course trading and investment management with respect to any Security Entitlements. Absent prior order of the Court, during the stay pending appeal, there shall be no transaction, transfer or withdrawal from the restrained accounts that would reduce the aggregate value of the restrained Security Entitlements in those accounts to an amount less than $801,866,784. The Republic (including ANSES) and Citibank are specifically directed to honor the provisions of this order and the February 23 Orders as modified herein. This order may be modified by the Court upon application of any party for good cause shown. (Signed by Judge Thomas P. Griesa on 3/10/2010) (tro)
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| Filing 39 NOTICE of Filing (REDACTED). Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Exhibit 1 (REDACTED), #2 Exhibit 2 (REDACTED), #3 Exhibit 3 (REDACTED))(Friedman, Edward) |
| Filing 38 MEMORANDUM OF LAW in Support of Motion to Vacate Ex Parte Writs of Execution and Restraining, Attachment and "Omnibus" Orders (REDACTED), dated March 1, 2010. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 37 DECLARATION of Rahul Mukhi, dated March 1, 2010. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Boccuzzi, Carmine) |
| Filing 36 NOTICE of Filing. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (REDACTED), #3 Exhibit 3 (REDACTED), #4 Exhibit 4 (REDACTED), #5 Exhibit 5 (REDACTED), #6 Exhibit 6 (REDACTED), #7 Exhibit 7 (REDACTED))(Friedman, Edward) |
| Filing 35 DECLARATION of Chad M. Leicht (REDACTED) in Support re: #33 CROSS MOTION to Confirm the Attachment Order.. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Exhibit 43, #2 Exhibit 44, #3 Exhibit 45, #4 Exhibit 46 (REDACTED), #5 Exhibit 47, #6 Exhibit 48, #7 Exhibit 49, #8 Exhibit 50 (FILED UNDER SEAL), #9 Exhibit 51)(Friedman, Edward) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 CROSS MOTION to Confirm the Attachment Order. Plaintiffs Memorandum of Law in Opposition to the Motions of the Republic, Citibank and Anses to Vacate the February 23, 2010 Orders and Writs and in Support of Plaintiffs Cross-Motion to Confirm the Attachment Order (REDACTED). Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Friedman, Edward) |
| Filing 33 CROSS MOTION to Confirm the Attachment Order. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd..(Friedman, Edward) |
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Filing 48
ATTACHMENT ORDER: 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. 1610(c) following entry of a judgment for plaintiffs in the Pending Actions; and that the amount to be secured by this Order is $228,445,494, as set forth in this Order. (Signed by Judge Thomas P. Griesa on 2/23/2010) (jpo)
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Filing 47
ORDER: A hearing was held in the above-captioned cases on February 23, 2010, at 5:30 p.m. The transcript of this hearing was previously directed by this court to be placed under seal. The Clerk of the Court is now directed to unseal this transcript, which should be made part of the public record. The dockets of the above-captioned cases should be updated accordingly. (Signed by Judge Thomas P. Griesa on 3/3/2010) (jpo)
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Filing 32
OMNIBUS ORDER: It is hereby ordered that attorneys for plaintiffs Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., ACP Master, Ltd., and Blue Angel Capital I LLC and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 4.1, in addition to the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal"), to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order pursuant to Fed. R. Civ. P. 64 & 69, 6201, 6202 & 6211 of the New York Civil Practice Law and Rules ("CPLR"), and the Foreign Sovereign Immunities Act, 29 U.S.C. 1601 et seq., thereby levying upon each such garnishee pursuant to CPLR 6214(a) so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of the Republic while plaintiffs' application is pending. Pursuant to CPLR 5230(c), the time for the U.S. Marshal to serve the writs of execution and to return said executions to the Clark of the court is extended an additional 60 days. (Signed by Judge Thomas P. Griesa on 2/23/2010) (jpo)
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Filing 31
ORDER: It is hereby stipulated and agreed that the Ex Parte Orders, and any subsequently issued orders seeking substantially identical relief, shall not have the effect of attaching, restraining or otherwise encumbering any Originally Restrained Property; For the avoidance of doubt, pursuant to the issuance of the mandate by the Second Circuit in Aurelius II vacating the December 11, 2008 Order and all associated orders, the Ex Parte Orders shall not restrain the transfer of the Originally Restrained Property outside of the United States; No party may rely upon this Order in support of an argument for or against the existence of any right or any argument about the ownership, use or location of the property to which the Ex Parte Orders are directed. (Signed by Judge Thomas P. Griesa on 3/3/2010) (jpo)
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Filing 30
OPINION: For these reasons, the motion to confirm the process of February 23,2010 is denied, and the motion to vacate such process is granted. In response to the application of plaintiffs, the implementation of the court's ruling is stayed until further order of the court. The purpose is to allow a brief time to consider whether there should be a stay pending appeal, and to consider whether there can be a stay which would allow normal business in the custodial accounts to be carried on. (Signed by Judge Thomas P. Griesa on 3/5/2010) (jpo)
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| Filing 29 NOTICE of Filing. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Attachment Order)(Friedman, Edward) |
| Filing 28 DECLARATION of Chad M. Leicht (REDACTED) in Support re: #25 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED)., #26 EX PARTE MOTION for Writ of Attachment (REDACTED).. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Exhibit 1 (REDACTED), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32 (FILED UNDER SEAL), #33 Exhibit 33 (FILED UNDER SEAL), #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)(Friedman, Edward) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 EX PARTE MOTION for Writ of Attachment (REDACTED)., #25 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED). Memorandum of Law in Support of Plaintiffs' Ex Parte Application For Writs of Execution and Restraining and Attachment Orders (REDACTED). Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Friedman, Edward) |
| Filing 26 EX PARTE MOTION for Writ of Attachment (REDACTED). Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd..(Friedman, Edward) |
| Filing 25 EX PARTE MOTION for Writ of Attachment Plaintiffs' Ex Parte Omnibus Motion (REDACTED). Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd..(Friedman, Edward) |
| Filing 24 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank, N.A. (Wagner, Karen) |
| Filing 23 CERTIFICATE OF SERVICE of Richard V. Conza re #22 on March 1, 2010. Service was made by Federal Express. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Minute Entry for proceedings held before Judge Thomas P. Griesa: Show Cause Hearing held on 3/1/2010. (mro) |
| Filing 22 ANSWER to Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 21 SEALED DOCUMENT placed in vault.(nm) |
| Filing 20 NOTICE of Filing. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Ex Parte Motion for Orders of Attachment and Restraint, and Issuance of Writs of Execution, #2 Declaration of Suzanne M. Grasso in Support of Plaintiffs' Ex Parte Motion for Orders of Attachment and Restraint, and Issuance of Writs of Execution & Exhibits 1-5, #3 Grosso Declaration Exhibits 6-18, #4 Grosso Declaration Exhibits 19-24(Part 1), #5 Grosso Declaration Exhibits 24(Part 2)-30, #6 Grosso Declaration Exhibits 31-37, #7 Grosso Declaration Exhibits 38-45, #8 Grosso Declaration Exhibit 46 (Part 1), #9 Grosso Declaration Exhibit 46 (Part 2), #10 Grosso Declaration Exhibit 47-50)(Ostrager, Barry) |
| Filing 19 ATTACHMENT BOND # CGB 7613138 in the amount of $ 75,000.00 posted by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Original Doc.# 22 Filed in 09 Civ. 8757. (dt) |
| Filing 285 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on UBS Securities LLC. on 5/7/2010. Service was accepted by Ms. Daley. Document filed by Aurelius Capital Master, Ltd. ( I hereby certify and return that (I have received no funds or property belonging to the judgment debtor).(js) |
| Filing 18 JOINDER to join Motion to Confirm Orders of Attachment. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (Attachments: #1 Certificate of Service)(Ostrager, Barry) |
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Filing 17
STIPULATION AND CONSENT ORDER; The December 2005 Orders (as modified by the January 2006 Stipulation), the January 2006 Vacatur Order and the September 2006 Stipulation shall remain in effect in accordance with their terms. The Ex Parte Orders, and any subsequently issued Orders seeking substantially identical relief, are vacated as to the Originally Attached FRBNY Accounts, except as to the Originally Attached Property that is the subject of paragraph 1, but in all other respects remain in effect pending further order of the Court. The entry of the Stipulation and Consent Order will have no effect on thelegal positions of the parties hereto with respect to any right of Plaintiffs or the AureliusMovants to restrain, attach or execute upon any property of BCRA or the Republic, andno party may rely upon this Stipulation and Consent Order in support of an argument foror against the existence of any such right or an argument about the use or ownership ofthe property to which the Ex Parte Orders are directed. Any assets restrained or attached in the Originally Attached FRBNY Accounts as a result of the Ex Parte Order, or any subsequently issued Orders seeking substantially identical relief, shall be released (but no action is to be taken with respect to the Originally Attached Property), but any rights to attach, restrain or execute upon the property of BCRA that the Court may conclude that Plaintiffs properly exercised as of December 30, 2005, January 11, 2010 and/or January 12, 2010 will have priority over any subsequent attachment or execution by any other person. Any rights to attach or execute upon the property of BCRA that the Court may conclude that the Aurelius Movants properly exercised as of January 12, 2010 and/or January 14, 2010 will have priority over any subsequent attachment, restraint or execution by any other person. So Ordered. (Signed by Judge Thomas P. Griesa on 1/15/2010) (tve)
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| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. The Republic of Argentina served on 12/31/2009, answer due 1/21/2010. Service was accepted by Ms. Martha Perez of the Compliance of the Department at Banco de la Nacion Argentina. Document filed by Aurelius Capital Master, Ltd.; ACP Master, Ltd.. (mbe) |
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Filing 15
ATTACHMENT ORDER: That Aurelius 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 USC 1610(c) following entry of a judgment for the EMINML Plaintiffs in the Pending EMINML Alter-Ego Action; and that the amount to be secured by this Order is $225,626,684; FURTHER ORDERED that the U.S, Marshals Service for the Southern District of New York or any person appointed to act in his place and stead, or the Aurelius Plaintiffs' attorneys, and their employees as specially appointed pursuant to FRCP 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 $ 225,626,684: FURTHER ORDERED that the attachment bond of $75,000 previously ordered by this Court to be posted by the Aurelius Parties shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that the Aurelius Parties pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment Order if it is decided that the Aurelius Plaintiffs are not entitled to an attachment of the property described above and are ordered to compensate Defendants. All other details are as further set forth in said Order. (Signed by Judge Thomas P. Griesa on 1/14/10) (db)
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Filing 14
OMNIBUS ORDER. The Aurelius Plaintiffs' attorneys, and their respective employees are hereby specially appointed pursuant to Federal Rule of Civil Procedure 4.1, in addition to the U.S. Marshals Services for the SDNY to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order issues on this date pursuant to Fed. R. Civ P. 64 and 69 sections 6201, 6202 and 6211 of the New York Civil Practice Law and Rules and Foreign Sovereign Immunities Act, 28 U.S.C. sections 1601 et seq., thereby levying upon each such garnishee pursuant to CPLR section 6214(a) so as to maintain priority pursuant to CPLR section 5234 in relation to other creditors of Argentina while Plaintiff's application is pending. No Property shall be taken into actual custody by any7 enforcement officer pursuant to the Attachment order pending further order of this Court. Opposing papers, if any, are to be served upon counsel for the Aurelius Plaintiffs, Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, NY, NY (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
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Filing 13
ATTACHMENT ORDER. To: ABN AMRO Bank NV, et al...; Now, on the motion of Simposon Thacher & Bartlett LLP, attorneys for the Aurelius Plaintiffs and based upon the undertaking to be posted herewith, referred to below, I IS HEREBY ORDERED that Aurelius Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an exeuciton or order pursuant to 28 U.S. C. section 1610(c) following entry of a judgment for the EM/NML Plaintiffs in the Pending EM/NML Alter-Ego Action; and that the amount to be secured by this Order is $225,626,684; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or the Aurelius Plaintiffs' attorneys, and their 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 $225,616,684; The attachment bond of $75,000 to be obtained forthwith shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that the Aurelius Parties pay Defendants' costs and damages, including reasonable attorneys; fees, that may be sustained by reason of this Attachment Order if it is decided that the Aurelius Plaintiffs are 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 Edward A. Friedman, Friedman Kaplan Seiler & Adelman, LLP (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
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| Filing 12 NOTICE OF APPEARANCE by Melissa Kelly Driscoll on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Driscoll, Melissa) |
| Filing 11 NOTICE OF APPEARANCE by Chad Michael Leicht on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Leicht, Chad) |
| Filing 10 NOTICE OF APPEARANCE by Emily Anne Stubbs on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Stubbs, Emily) |
| Filing 9 NOTICE OF APPEARANCE by Andrew W. Goldwater on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Goldwater, Andrew) |
| Filing 8 NOTICE OF APPEARANCE by Edward A. Friedman on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Friedman, Edward) |
| Filing 7 NOTICE OF APPEARANCE by Barry Robert Ostrager on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Ostrager, Barry) |
| Filing 6 NOTICE OF APPEARANCE by Tyler Brooks Robinson on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Robinson, Tyler) |
| Filing 5 NOTICE OF APPEARANCE by Susan Marie Cordaro on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Cordaro, Susan) |
| Filing 4 NOTICE OF APPEARANCE by Laura Denise Murphy on behalf of Aurelius Capital Master, Ltd., ACP Master, Ltd. (Murphy, Laura) |
| Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (ldi) |
| CASE ACCEPTED AS RELATED. Create association to 1:06-cv-07792-TPG. Notice of Assignment to follow. (ldi) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (ldi) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Aurelius Capital International, Ltd as Corporate Parent of ACM; Aurelius Capital Partners, LP and Aurelius Capital GP, LLC as Corporate Parent of ACP Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.(mro) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 890507)Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.(mro) (nd). |
| SUMMONS ISSUED as to The Republic of Argentina. (mro) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 06-cv-7792. (mro) |
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