Blue Ridge Investments, L.L.C. v. The Republic of Argentina
Petitioner: Blue Ridge Investments, L.L.C.
Respondent: The Republic of Argentina
Case Number: 1:2010cv00153
Filed: January 8, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul G Gardephe
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on October 24, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2013 Filing 51 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties that this lawsuit is dismissed with prejudice, with each party to bear its own costs, expenses, and attorney's fees. The Clerk of the Court is directed to close this case. (Signed by Judge Paul G. Gardephe on 10/24/2013) (rsh).
October 24, 2013 Filing 50 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Republic of Argentina and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Republic of Argentina.(Scarvalone, Edward)
October 18, 2013 Opinion or Order Filing 49 ORDER granting #48 Letter Motion for Extension of Time. The Application is granted. The Clerk of Court will terminate Dkt. No. 48. (Signed by Judge Paul G. Gardephe on 10/18/2013) (rsh)
October 17, 2013 Filing 48 JOINT LETTER MOTION for Extension of Time to File Objections to Proposed Judgment addressed to Judge Paul G. Gardephe from Edward Scarvalone dated 10/17/2013. Document filed by The Republic of Argentina.(Scarvalone, Edward)
October 10, 2013 Opinion or Order Filing 47 ORDER granting #46 Letter Motion for Extension of Time. The Republic respectfully requests a one-week extension of time to submit objections, through and including October 17, 2013. The application is granted. (Signed by Judge Paul G. Gardephe on 10/10/2013) (rsh)
October 10, 2013 Set/Reset Deadlines: Responses due by 10/17/2013 (rsh)
October 9, 2013 Filing 46 JOINT LETTER MOTION for Extension of Time to File Objections to Proposed Judgment addressed to Judge Paul G. Gardephe from Edward Scarvalone dated 10/9/2013. Document filed by The Republic of Argentina.(Scarvalone, Edward)
October 3, 2013 Filing 45 AMENDED LETTER addressed to Judge Paul G. Gardephe from Jack Thomas, Esq. dated 10/3/2013 re: submission of a [corrected] proposed Judgment pursuant to Order entered 9/26/2013. Document filed by Blue Ridge Investments, L.L.C.. (Attachments: #1 corrected proposed Judgment)(Thomas, John)
October 3, 2013 Filing 44 LETTER addressed to Judge Paul G. Gardephe from Jack Thomas, Esq. dated 10/3/2013 re: submission of proposed Judgment pursuant to Order entered 9/26/2013. Document filed by Blue Ridge Investments, L.L.C.. (Attachments: #1 proposed Judgment)(Thomas, John)
September 26, 2013 Opinion or Order Filing 43 ORDER re #34 Motion for Certificate of Appealability; re #37 Motion to Confirm Arbitration. For the reasons stated above, Blue Ridge's motion to confirm the Award in the Proceeding Between CMS Gas Transmission Company and The Argentine Republic, ICSID Case No. ARB/01/8, dated May 12, 2005 is GRANTED. (Dkt. No. 37) Argentina's motion for certification of an interlocutory appeal is DENIED. (Dkt. No. 34) The Clerk of Court is respectfully directed to terminate these motions. Blue Ridge is hereby ORDERED to submit a proposed judgment, including a calculation of interest as provided under the Award, by October 3, 2013. Argentina will file any objections to the proposed judgment by October 10, 2013. (Signed by Judge Paul G. Gardephe on 9/26/2013) (cd)
September 11, 2013 Filing 42 MANDATE of USCA (Certified Copy) as to #30 Notice of Interlocutory Appeal filed by The Republic of Argentina USCA Case Number 12-4139. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED insofar as it concluded that Argentina waived its foreign sovereign immunity, and the case is REMANDED accordance with the #41 opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/11/2013. (nd)
August 19, 2013 Opinion or Order Filing 41 ORDER and OPINION of USCA as to #30 Notice of Interlocutory Appeal filed by The Republic of Argentina USCA Case Number 12-4139. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED insofar as it concluded that Argentina waived its foreign sovereign immunity, and the case is REMANDED accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 8/19/2013. (nd)
February 20, 2013 Filing 40 REPLY MEMORANDUM OF LAW in Support re: #37 CROSS MOTION to Confirm Arbitration Award and enter Judgment thereon, certify appeal as frivolous, etc... Document filed by Blue Ridge Investments, L.L.C.. (Thomas, John)
February 20, 2013 Filing 39 MEMORANDUM OF LAW in Support re: #37 CROSS MOTION to Confirm Arbitration Award and enter Judgment thereon, certify appeal as frivolous, etc.. and in opposition to Respondent's motion to certify appealability. Document filed by Blue Ridge Investments, L.L.C.. (Thomas, John)
February 20, 2013 Filing 38 DECLARATION of Birgit Kurtz, Esq. in Support re: #37 CROSS MOTION to Confirm Arbitration Award and enter Judgment thereon, certify appeal as frivolous, etc... Document filed by Blue Ridge Investments, L.L.C.. (Attachments: #1 Exhibit A to Declaration of Birgit Kurtz.)(Thomas, John)
February 20, 2013 Filing 37 CROSS MOTION to Confirm Arbitration Award and enter Judgment thereon, certify appeal as frivolous, etc.. Document filed by Blue Ridge Investments, L.L.C..(Thomas, John)
February 20, 2013 Filing 36 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b). and in Opposition to Petitioner's Cross-Motion for Entry of Judgment. Document filed by The Republic of Argentina. (Scarvalone, Edward)
February 20, 2013 Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b).. Document filed by The Republic of Argentina. (Scarvalone, Edward)
February 20, 2013 Filing 34 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b). Document filed by The Republic of Argentina.(Scarvalone, Edward)
February 1, 2013 Opinion or Order Filing 33 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Edward Scarvalone dated 1/25/2013 re: I write on behalf of both parties to request approval of the following agreed-upon briefing schedule on the Republic's motion for 1292(b) certification and Blue Ridge's cross-motion for entry of judgment: the Republic's reply brief in support of its motion and opposition to Blue Ridge's motion would be due February 11, 2013, and Blue Ridge's reply brief in support of its motion would be due February 20, 2013. ENDORSEMENT: The application is granted. So ordered. (Responses due by 2/11/2013. Replies due by 2/20/2013.) (Signed by Judge Paul G. Gardephe on 2/1/2013) (rjm)
October 25, 2012 Appeal Fee Payment: for #30 Notice of Interlocutory Appeal. Filing fee $ 455.00, receipt number 0208-7937309. (Scarvalone, Edward)
October 15, 2012 Filing 32 INTERNET CITATION NOTE: Material from decision with Internet citation re: #29 Memorandum & Opinion. (Attachments: #1 Internet Citation) (sj)
October 15, 2012 Filing 31 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Edward Scarvalone dated 10/12/2012 re: I write on behalf of the Republic of Argentina to request a brief extension of the period for filing the answer to Blue Ridge's petition. Argentina requests an extension through and including October 30, 2012, so that it may continue to evaluate its options in light of the Decision. ENDORSEMENT: The Application is granted., The Republic of Argentina answer due 10/30/2012. (Signed by Judge Paul G. Gardephe on 10/12/2012) (lmb)
October 15, 2012 Filing 30 NOTICE OF INTERLOCUTORY APPEAL from #29 Memorandum & Opinion,. Document filed by The Republic of Argentina. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Scarvalone, Edward)
October 15, 2012 Appeal Fee Due: for #30 Notice of Interlocutory Appeal. $455.00 Appeal fee due by 10/29/2012. (nd)
October 15, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #15 Endorsed Letter, #11 Order, Set Deadlines/Hearings,, #28 Endorsed Letter, Add and Terminate Attorneys,, #6 Notice of Appearance filed by Blue Ridge Investments, L.L.C., #2 Rule 7.1 Corporate Disclosure Statement filed by Blue Ridge Investments, L.L.C., #9 Notice of Appearance filed by Blue Ridge Investments, L.L.C., #23 Declaration in Opposition to Motion filed by Blue Ridge Investments, L.L.C., #13 Order, #4 Notice of Appearance filed by The Republic of Argentina, #7 Notice of Appearance filed by Blue Ridge Investments, L.L.C., #26 Notice of Case Assignment/Reassignment, #12 Declaration, filed by Blue Ridge Investments, L.L.C., #25 Notice of Case Assignment/Reassignment, #18 MOTION to Dismiss Petition. filed by The Republic of Argentina, #30 Notice of Interlocutory Appeal filed by The Republic of Argentina, #5 Endorsed Letter, Set Deadlines/Hearings,, #16 MOTION to Dismiss Petition. filed by The Republic of Argentina, #14 Endorsed Letter, Set Deadlines,, #22 Memorandum of Law in Opposition to Motion filed by Blue Ridge Investments, L.L.C., #21 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #24 Declaration in Opposition to Motion, filed by Blue Ridge Investments, L.L.C., #20 Memorandum of Law in Support of Motion filed by The Republic of Argentina, #10 Notice of Change of Address filed by Blue Ridge Investments, L.L.C., #8 Notice of Change of Address filed by Blue Ridge Investments, L.L.C., #27 Endorsed Letter, #19 Declaration in Support of Motion filed by The Republic of Argentina, #3 Notice of Case Assignment/Reassignment, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration filed by Blue Ridge Investments, L.L.C., #29 Memorandum & Opinion, #17 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (nd)
October 15, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #30 Notice of Interlocutory Appeal. (nd)
September 30, 2012 Opinion or Order Filing 29 MEMORANDUM OPINION AND ORDER # 102445: For the reasons stated above, Respondent's motion to dismiss is denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 18). (Signed by Judge Paul G. Gardephe on 9/30/2012) (js) Modified on 10/5/2012 (ft).
April 30, 2012 Filing 28 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Jack Thomas dated 4/27/2012 re: I am writing to respectfully request the termination of the appearance of Jamie Krapf on behalf of Petitioner. ENDORSEMENT: The Application is granted., Attorney Jamie C. Krapf terminated. (Signed by Judge Paul G. Gardephe on 4/30/2012) (lmb)
March 16, 2012 Opinion or Order Filing 27 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Theodore R. Posner dated 3/12/12 re: Counsel is requesting that the Court authorize his withdrawal as attorney for Blue Ridge Investments, LLC because he is no longer associated with the law firm of Crowell & Moring, LLP as of 2/17/12. ENDORSEMENT: The application is granted. So ordered. (Signed by Judge Paul G. Gardephe on 3/15/2012) (mro) Modified on 3/19/2012 (mro).
October 4, 2011 Filing 26 NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Paul A. Engelmayer is no longer assigned to the case. (pgu)
September 30, 2011 Filing 25 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Paul G. Gardephe is no longer assigned to the case. (sjo)
June 22, 2011 Filing 24 DECLARATION of John N. Thomas, Esq. in Opposition re: #18 MOTION to Dismiss Petition.. Document filed by Blue Ridge Investments, L.L.C.. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, Part 1, #4 Ex. C, Part 2, #5 Ex. C, Part 3, #6 Ex. D, #7 Ex. E, #8 Ex. F, #9 Ex. G, #10 Ex. H, #11 Ex. I, #12 Ex. J, #13 Ex. K, #14 Ex. L)(Thomas, John)
June 22, 2011 Filing 23 DECLARATION of Timothy J. Fierst, Esq. in Opposition re: #18 MOTION to Dismiss Petition.. Document filed by Blue Ridge Investments, L.L.C.. (Thomas, John)
June 22, 2011 Filing 22 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss Petition.. Document filed by Blue Ridge Investments, L.L.C.. (Thomas, John)
June 22, 2011 Filing 21 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Petition.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Scarvalone, Edward)
June 22, 2011 Filing 20 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Petition.. Document filed by The Republic of Argentina. (Scarvalone, Edward)
June 22, 2011 Filing 19 DECLARATION of Edward Scarvalone in Support re: #18 MOTION to Dismiss Petition.. Document filed by The Republic of Argentina. (Scarvalone, Edward)
June 22, 2011 Filing 18 MOTION to Dismiss Petition. Document filed by The Republic of Argentina.(Scarvalone, Edward)
June 22, 2011 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MONTHLY REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss Petition. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Scarvalone, Edward) Modified on 6/22/2011 (db).
June 22, 2011 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Petition. Document filed by The Republic of Argentina. (Attachments: #1 Declaration of Edward Scarvalone, #2 Memorandum of Law in Support of Motion to Dismiss, #3 Certificate of Service)(Scarvalone, Edward) Modified on 6/22/2011 (db).
June 22, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Edward Scarvalone to RE-FILE Document #16 MOTION to Dismiss Petition. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 22, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Edward Scarvalone to RE-FILE Document #17 Reply Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
June 21, 2011 Filing 15 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Edward Scarvalone dated 6/20/2011 re: Counsel for the Republic of Argentina request permission to file a 12-page reply brief on Argentina's motion to dismiss. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 6/20/2011) (tro)
April 20, 2011 Opinion or Order Filing 14 ENDORSED LETTER addressed to Judge Paul G. Gardephe from John N. Thomas dated 4/20/2011 re: Counsel respectfully request that the Court modify the briefing scheduled as follows: Opening brief by 4/26/11, opposition by 5/27/11 and reply by 6/21/11. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 4/20/2011) (jfe)
April 19, 2011 Opinion or Order Filing 13 ORDER, that the following briefing schedule for Defendant's proposed motion to dismiss will apply: 1. Defendant's moving papers will be served by April 25, 2011. 2. Plaintiff's opposition papers will be served by May 23, 2011. 3. Defendant's reply papers, if any, will be served by June 8, 2011. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/18/2011) (lnl)
April 18, 2011 Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 4/18/2011. (Court Reporter Alena Lynch) (mr)
April 12, 2011 Filing 12 DECLARATION of John N. Thomas, Esq. concerning proof of service of process upon the Republic of Argentina (attached hereto) pursuant to the Hague Service Convention. Document filed by Blue Ridge Investments, L.L.C.. (Attachments: #1 Exhibit A to Thomas Declaration, #2 Exhibit B to Thomas Declaration, #3 Exhibit C, Part 1 to Thomas Declaration, #4 Exhibit C, Part 2 to Thomas Declaration)(Thomas, John)
April 6, 2011 Opinion or Order Filing 11 ORDER, that there shall be a telephone conference in the above-captioned action on April 18, 2011 at 5:00 p.m. to discuss Defendant's proposed motion to dismiss. The parties are directed to initiate the call and then call Chambers at 212-805-0224. SO ORDERED. (Telephone Conference set for 4/18/2011 at 05:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/6/2011) (lnl)
February 22, 2011 Filing 10 NOTICE OF CHANGE OF ADDRESS by Birgit Kurtz on behalf of Blue Ridge Investments, L.L.C.. New Address: Crowell & Moring LLP (NYC), 590 Madison Avenue, New York, NY, 10022, (212)223-4000. (Kurtz, Birgit)
February 22, 2011 Filing 9 NOTICE OF APPEARANCE by Birgit Kurtz on behalf of Blue Ridge Investments, L.L.C. (Kurtz, Birgit)
February 22, 2011 Filing 8 NOTICE OF CHANGE OF ADDRESS by John Nelson Thomas on behalf of Blue Ridge Investments, L.L.C.. New Address: Crowell & Moring LLP (NYC), 590 Madison Avenue, New York, NY, 10022, (212)223-4000. (Thomas, John)
February 22, 2011 Filing 7 NOTICE OF APPEARANCE by John Nelson Thomas on behalf of Blue Ridge Investments, L.L.C. (Thomas, John)
February 18, 2011 Filing 6 NOTICE OF APPEARANCE by Theodore R. Posner on behalf of Blue Ridge Investments, L.L.C. (Posner, Theodore)
January 19, 2011 Filing 5 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Edward Scarvalone dated 1/19/11 re: counsel requests an extension of time, through and including February 18, 2011, to answer or otherwise respond to the petition through and including February 18, 2011. ENDORSEMENT: The Application is granted. The Republic of Argentina answer due 2/18/2011. (Signed by Judge Paul G. Gardephe on 1/19/11); (djc)
January 13, 2011 Filing 4 NOTICE OF APPEARANCE by Edward Scarvalone on behalf of The Republic of Argentina (Scarvalone, Edward)
January 19, 2010 Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (ldi)
January 19, 2010 CASE DECLINED AS NOT SIMILAR. Case referred as similar to 1:09-cv-2377 and declined by Judge Gerard E. Lynch and returned to wheel for assignment. (ldi)
January 19, 2010 Magistrate Judge James C. Francis IV is so designated. (ldi)
January 8, 2010 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Bank of America Corporation as Corporate Parent. Document filed by Blue Ridge Investments, L.L.C..(rdz) (rdz).
January 8, 2010 Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 350.00, Receipt Number 890848).Document filed by Blue Ridge Investments, L.L.C..(rdz) (rdz).
January 8, 2010 SUMMONS ISSUED as to The Republic of Argentina. (rdz)
January 8, 2010 CASE REFERRED TO Judge Gerard E. Lynch as possibly similar to 09-cv-2377. (rdz)
January 8, 2010 Case Designated ECF. (rdz)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Blue Ridge Investments, L.L.C. v. The Republic of Argentina
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Blue Ridge Investments, L.L.C.
Represented By: Birgit Kurtz
Represented By: John Nelson Thomas
Represented By: Jamie C. Krapf
Represented By: Theodore Posner
Represented By: Aryeh S. Portnoy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: The Republic of Argentina
Represented By: Edward Scarvalone
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?