Aurelius Capital Master, Ltd. et al v. The Republic of Argentina
Plaintiff: Aurelius Capital Master, Ltd. and Aurelius Opportunities Fund II, LLC
Defendant: The Republic of Argentina
Petitioner: Citigroup Inc., Banc of America Securities LLC, Merrill, Lynch, Pierce, Fenner & Smith Incorporated, Citicorp North America Inc., Merrill Lynch & Co., Inc., Citicorp USA Inc., Bank Of America Corporation, Barclays Capital Inc., Citibank, N.A., Barclays Bank PLC and Citigroup Global Markets Inc.
Respondent: Bank of America, N.A.
Receiver: Bart M. Schwartz
3Rd Party Defendant: Banco Bilbao Vizcaya Argentaria, S.A., BBVA Compass Bancshares, Inc. and BBVA Securities, Inc.
Interested Party: Depository Trust Company, Banco De La Nacion Argentina, Cede & Co., J.P. Morgan Securities LLC, Euro Bondholders, Banco Central de la Republica Argentina, Clearstream Banking, S.A., JPMorgan Chase Bank, N.A., Deutsche Bank AG New York Branch, JPMorgan Chase & Co. and The Bank of New York Mellon
Amicus Curiae: Duane Morris Individual Plaintiffs and The Clearing House Association L.L.C.
Special Master: Daniel A. Pollack
Garnishee: BASF Corporation
Case Number: 1:2010cv03970
Filed: May 13, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 bc
Jury Demanded By: None
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Docket Report

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Date Filed Document Text
June 27, 2017 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (ma)
April 25, 2016 Opinion or Order Filing 543 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)
April 22, 2016 Opinion or Order Filing 542 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)
April 22, 2016 Opinion or Order Filing 541 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)
April 22, 2016 Filing 540 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)
April 19, 2016 Opinion or Order Filing 539 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)
April 19, 2016 Filing 538 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)
April 15, 2016 Filing 537 MANDATE of USCA (Certified Copy) as to #533 Notice of Appeal, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd.. USCA Case Number 16-0628(L). Ordered, Adjudged and Decreed that the opinion and Order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/15/2016(nd)
April 14, 2016 Opinion or Order Filing 536 ORDER of USCA (Certified Copy) as to #533 Notice of Appeal, filed by Aurelius Opportunities Fund II, LLC, 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)
March 15, 2016 Opinion or Order Filing 535 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)
March 11, 2016 Opinion or Order Filing 534 ORDER of USCA (Certified Copy) as to #533 Notice of Appeal, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. USCA Case Number 16-653. 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)
March 3, 2016 Filing 533 NOTICE OF APPEAL from #531 Memorandum & Opinion,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. Filing fee $ 505.00, receipt number 0208-12026616. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Friedman, Edward)
March 3, 2016 Filing 532 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 3, 2016 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 3, 2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #533 Notice of Appeal, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. were transmitted to the U.S. Court of Appeals. (nd)
March 3, 2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #533 Notice of Appeal,. (nd)
March 2, 2016 Opinion or Order Filing 531 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)
March 2, 2016 Filing 530 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 2, 2016 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 1, 2016 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)
March 1, 2016 Opinion or Order Filing 529 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)
March 1, 2016 ***STRICKEN DOCUMENT. Deleted document number 525 from the case record. The document was stricken from this case pursuant to #529 Endorsed Letter,. (kl)
February 29, 2016 Filing 528 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)
February 29, 2016 Filing 527 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 29, 2016 re: enclosing Memorandum of Law in Support of Defendant the Republic of Argentina's Motion for the Entry of Final Orders Conditionally Lifting the Pari Passu Injunctions. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1)(Paskin, Michael)
February 29, 2016 Filing 526 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #500 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)
February 29, 2016 Filing 524 DECLARATION of Robert A. Cohen in Opposition re: #517 Letter,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Friedman, Edward)
February 29, 2016 Filing 523 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #517 Letter, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
February 29, 2016 Filing 522 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)
February 29, 2016 Filing 521 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)
February 26, 2016 Opinion or Order Filing 520 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)
February 26, 2016 Filing 519 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
February 25, 2016 Opinion or Order Filing 518 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)
February 25, 2016 Filing 517 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)
February 24, 2016 Filing 516 MANDATE of USCA (Certified Copy) as to #427 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-1060-cv(L). The Republic of Argentina has moved to dismiss with prejudice all of the appeals consolidated respectively under 15-1060(L) and 15-3675(L) in order to allow the district court, upon motion, to enter the order indicated in its indicative ruling of February 19, 2016. Plaintiffs-appellees in 15-3675(L) have moved to refer certain motions on that docket to this panel. Following review of the parties submissions in support of and opposition to dismissal and referral, as well as oral argument, the motion to refer appellants motion for remand is GRANTED, but that motion for remand is now reviewed as a motion to dismiss with prejudice consistent with Argentinas amendment at argument. The two pending motions to dismiss with prejudice are GRANTED pursuant to the parties agreement, confirmed in open court, as follows: 1. Before the indicative ruling is formally entered as an order, Argentina will file a motion in the district court seeking such relief, giving notice of the motion to all parties, and affording them an opportunity to be heard in the district court. 2. Argentina agrees to a stay of up to two weeks of any district court order formalizing the indicative ruling so that parties opposing the order can file a notice of appeal within two business days and seek a further stay of the order from a motions panel of this court pending appeal. Any such appeals will be consolidated for review by this court, and any party seeking a stay is hereby excused from further requirements of Fed. R. App. P. 8. Jurisdiction over these cases is hereby returned to the district court with the parties agreement to the aforestated conditions, which contemplate that the district court will enter no order formalizing its indicative ruling except on a motion from Argentina, with notice to all parties and an opportunity to be heard, and that any order will be stayed for up to two weeks. All other pending motions on both dockets are hereby DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/24/2016. (nd)
February 19, 2016 Filing 515 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)
February 19, 2016 Filing 514 REPLY MEMORANDUM OF LAW in Support re: #500 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)
February 18, 2016 Filing 513 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
February 18, 2016 Filing 512 DECLARATION of Jay Newman in Opposition re: #500 Order to Show Cause,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
February 18, 2016 Filing 511 DECLARATION of Robert A. Cohen in Opposition re: #500 Order to Show Cause,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
February 18, 2016 Filing 510 MEMORANDUM OF LAW in Opposition re: #500 Order to Show Cause,,,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
February 17, 2016 Filing 509 DECLARATION of Michael A. Paskin in Support re: #500 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael)
February 12, 2016 Filing 508 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)
February 11, 2016 Filing 507 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David)
February 11, 2016 Filing 506 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris)
February 11, 2016 Filing 505 DECLARATION of Santiago Bausili in Support re: #500 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Paskin, Michael)
February 11, 2016 Filing 504 DECLARATION of Michael A. Paskin in Support re: #500 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael)
February 11, 2016 Filing 503 MEMORANDUM OF LAW in Support re: #500 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Paskin, Michael)
February 11, 2016 Filing 502 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael)
February 11, 2016 Filing 501 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel)
February 11, 2016 Opinion or Order Filing 500 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).
November 24, 2015 Opinion or Order Filing 499 ORDER granting #497 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)
November 24, 2015 Set/Reset Hearings: Oral Argument set for 12/17/2015 at 01:30 PM before Judge Thomas P. Griesa. (kl)
November 18, 2015 Filing 498 SEALED DOCUMENT placed in vault.(rz)
November 18, 2015 Filing 497 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)
November 18, 2015 Filing 496 REPLY MEMORANDUM OF LAW in Support re: #473 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)
November 18, 2015 Filing 495 REPLY AFFIRMATION of Philippe Zimmerman in Support re: #473 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)
November 18, 2015 Filing 494 REPLY MEMORANDUM OF LAW in Support re: #482 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)
November 18, 2015 Filing 493 REPLY MEMORANDUM OF LAW in Support re: #477 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)
November 9, 2015 Filing 492 DECLARATION of Marc G.Farris in Support re: #463 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-18)(Friedman, Edward)
November 9, 2015 Filing 491 REPLY MEMORANDUM OF LAW in Support re: #463 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
November 4, 2015 Filing 490 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)
November 3, 2015 Filing 489 REPLY MEMORANDUM OF LAW in Support re: #468 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
October 30, 2015 Filing 488 MEMORANDUM OF LAW in Opposition re: #468 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
October 30, 2015 Filing 487 DECLARATION of Kristin A. Bresnahan, dated October 30, 2015 in Opposition re: #468 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)
October 23, 2015 Filing 486 SEALED DOCUMENT placed in vault.(rz)
October 23, 2015 Filing 485 DECLARATION of Andrea Likwornik Weiss in Support re: #482 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)
October 23, 2015 Filing 484 DECLARATION of Andrew N. Keen in Support re: #482 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)
October 23, 2015 Filing 483 MEMORANDUM OF LAW in Support re: #482 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)
October 23, 2015 Filing 482 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)
October 23, 2015 Filing 481 MEMORANDUM OF LAW in Support re: #477 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order . and in Opposition to Plaintiffs' Motion to Compel #463 . Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
October 23, 2015 Filing 480 DECLARATION of Bernardo A. Iriberri in Support re: #477 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)
October 23, 2015 Filing 479 DECLARATION of Krister Holm in Support re: #477 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)
October 23, 2015 Filing 478 DECLARATION of Paul B. Carberry in Support re: #477 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)
October 23, 2015 Filing 477 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)
October 23, 2015 Filing 476 MEMORANDUM OF LAW in Support re: #473 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)
October 23, 2015 Filing 475 DECLARATION of Bernardo A. Iriberri in Support re: #473 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)
October 23, 2015 Filing 474 DECLARATION of Philippe Zimmerman in Support re: #473 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)
October 23, 2015 Filing 473 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)
October 23, 2015 Filing 472 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)
October 20, 2015 Opinion or Order Filing 471 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)
October 16, 2015 Filing 470 DECLARATION of Collin F. Hessney in Support re: #468 MOTION For an Order Deeming That Argentina has Waived its Privileges .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A-M)(Friedman, Edward)
October 16, 2015 Filing 469 MEMORANDUM OF LAW in Support re: #468 MOTION For an Order Deeming That Argentina has Waived its Privileges . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
October 16, 2015 Filing 468 MOTION For an Order Deeming That Argentina has Waived its Privileges . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Friedman, Edward)
October 13, 2015 Opinion or Order Filing 467 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)
October 9, 2015 Filing 466 LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated October 9, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rapport, Daniel)
October 5, 2015 Filing 465 DECLARATION of Marc G. Farris in Support re: #463 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
October 5, 2015 Filing 464 MEMORANDUM OF LAW in Support re: #463 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
October 5, 2015 Filing 463 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
September 10, 2015 Filing 462 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)
August 27, 2015 Filing 461 ANSWER to #450 Amended Complaint,. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
August 24, 2015 Filing 460 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)
August 18, 2015 Filing 459 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)
August 13, 2015 Opinion or Order Filing 458 ORDER terminating #439 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)
July 31, 2015 Filing 457 DECLARATION of Marc G. Farris in Support re: #439 MOTION for Sanctions .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A)(Rapport, Daniel)
July 31, 2015 Filing 456 REPLY MEMORANDUM OF LAW in Support re: #439 MOTION for Sanctions . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
July 31, 2015 Filing 455 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)
July 30, 2015 Opinion or Order Filing 454 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)
July 30, 2015 ***DELETED DOCUMENT. Deleted document number #455 order. The document was incorrectly filed in this case. (spo)
July 17, 2015 Filing 453 SEALED DOCUMENT placed in vault.(mps)
July 17, 2015 Filing 452 MEMORANDUM OF LAW in Opposition re: #439 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan)
July 17, 2015 Filing 451 DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: #439 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)
July 17, 2015 Filing 450 THIRD AMENDED COMPLAINT amending #122 Amended Complaint against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. Related document: #122 Amended Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd..(Friedman, Edward)
July 17, 2015 Filing 449 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)
July 16, 2015 Opinion or Order Filing 448 ORDER granting #429 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)
July 14, 2015 Opinion or Order Filing 447 ORDER: On July 6, 2015 and July 8, 2015, non-parties Deutsche Bank, Fintech Advisory, Inc., and others wrote letters to the court requesting a pre-motion discovery conference pursuant to Rule 2(A) of the undersigned's individual rules of practice and Local Civil Rule 37.2. The court hereby waives the requirement for a pre-motion discovery conference. The non-parties may file their discovery motions, and the court will consider the matters raised in due course. (Signed by Judge Thomas P. Griesa on 7/14/2015) (kl)
July 8, 2015 Filing 446 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)
July 6, 2015 Filing 445 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)
June 26, 2015 Filing 444 NOTICE OF APPEARANCE by Shari Ann Alexander on behalf of Deutsche Bank AG New York Branch. (Alexander, Shari)
June 26, 2015 Filing 443 NOTICE OF APPEARANCE by Philippe Alain Zimmerman on behalf of Deutsche Bank AG New York Branch. (Zimmerman, Philippe)
June 24, 2015 Filing 442 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)
June 17, 2015 Filing 441 DECLARATION of Eric J. Finkelstein in Support re: #439 MOTION for Sanctions .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
June 17, 2015 Filing 440 MEMORANDUM OF LAW in Support re: #439 MOTION for Sanctions . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
June 17, 2015 Filing 439 MOTION for Sanctions . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rapport, Daniel)
June 8, 2015 Filing 438 DECLARATION of Marc G. Farris in Support re: #429 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Friedman, Edward)
June 8, 2015 Filing 437 REPLY MEMORANDUM OF LAW in Support re: #429 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
June 1, 2015 Filing 436 MEMORANDUM OF LAW in Opposition re: #429 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)
May 29, 2015 Filing 435 SEALED DOCUMENT placed in vault.(nm)
May 29, 2015 Filing 434 DECLARATION of Elizabeth M. Hanly in Opposition re: #429 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)
May 28, 2015 Filing 433 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)
May 11, 2015 Filing 432 MEMORANDUM OF LAW in Support re: #429 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
May 11, 2015 Filing 431 DECLARATION of Daniel B. Rapport in Support re: #429 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
May 11, 2015 Filing 430 MEMORANDUM OF LAW in Opposition re: #429 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
May 11, 2015 Filing 429 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
April 28, 2015 Filing 428 MANDATE of USCA (Certified Copy) as to #375 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)
April 7, 2015 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #427 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp)
April 7, 2015 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #427 Notice of Appeal. (tp)
April 6, 2015 Filing 427 NOTICE OF APPEAL from #415 Memorandum & Opinion,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10784703. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
March 26, 2015 Filing 426 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 25, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 25, 2015 Opinion or Order Filing 425 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)
March 20, 2015 Opinion or Order Filing 424 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)
March 17, 2015 Filing 423 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 17, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 17, 2015 Filing 422 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)
March 17, 2015 Filing 421 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)
March 16, 2015 Opinion or Order Filing 420 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)
March 16, 2015 Filing 419 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 16, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 13, 2015 Filing 418 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)
March 13, 2015 Filing 417 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 13, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 12, 2015 Filing 416 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)
March 12, 2015 Opinion or Order Filing 415 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).
March 10, 2015 Filing 414 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 10, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
March 6, 2015 Filing 413 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)
March 3, 2015 Filing 412 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)
March 3, 2015 Filing 411 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)
March 2, 2015 Filing 410 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)
February 26, 2015 Filing 409 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated February 26, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
February 24, 2015 Opinion or Order Filing 408 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)
February 17, 2015 Filing 407 DECLARATION of Charles E. Enloe in Opposition re: #342 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
February 17, 2015 Filing 406 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #342 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
February 17, 2015 Filing 405 NOTICE OF APPEARANCE by Denis J. McInerney on behalf of Citibank, N.A.. (McInerney, Denis)
February 17, 2015 Filing 404 MEMORANDUM OF LAW in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
February 17, 2015 Filing 403 DECLARATION of Kristin A. Bresnahan, dated February 17, 2015 re: #342 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)
February 17, 2015 Filing 402 DECLARATION of Juan Duggan in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,,. 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)
February 17, 2015 Filing 401 DECLARATION of Federico Elewaut in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen)
February 17, 2015 Filing 400 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Citibank, N.A.. (Wagner, Karen)
February 17, 2015 Filing 399 NOTICE OF APPEARANCE by Craig Thomas Cagney on behalf of Citibank, N.A.. (Cagney, Craig)
February 11, 2015 Filing 398 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)
February 11, 2015 Opinion or Order Filing 397 ORDER granting #394 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)
February 10, 2015 Filing 396 NOTICE OF APPEARANCE by Michael S. Flynn on behalf of Citibank, N.A.. (Flynn, Michael)
February 9, 2015 Opinion or Order Filing 395 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)
February 9, 2015 Filing 394 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)
January 29, 2015 Opinion or Order Filing 393 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)
January 20, 2015 Opinion or Order Filing 392 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)
January 20, 2015 Filing 391 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated January 20, 2015 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
January 16, 2015 Filing 390 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)
January 15, 2015 Filing 389 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)
January 6, 2015 Opinion or Order Filing 388 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)
December 23, 2014 Filing 387 MANDATE of USCA (Certified Copy) as to #239 Notice of Appeal filed by The Republic of Argentina USCA Case Number 13-4088(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)
December 8, 2014 Filing 386 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 8, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit)(Friedman, Edward)
November 25, 2014 Opinion or Order Filing 385 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)
November 25, 2014 Filing 384 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)
November 24, 2014 Opinion or Order Filing 383 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)
November 24, 2014 Filing 382 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
November 19, 2014 Filing 381 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)
November 19, 2014 Filing 380 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)
November 17, 2014 Filing 379 MANDATE of USCA (Certified Copy) as to #330 Notice of Appeal filed by Euro Bondholders, #338 Notice of Appeal filed by The Republic of Argentina.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)
November 10, 2014 Opinion or Order Filing 378 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)
November 7, 2014 Filing 377 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)
November 6, 2014 Filing 376 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)
November 4, 2014 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)
November 4, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #375 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp)
November 3, 2014 Filing 375 NOTICE OF APPEAL from #366 Order,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10273535. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
November 3, 2014 Opinion or Order Filing 374 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).
October 31, 2014 Filing 373 MANDATE of USCA (Certified Copy) as to #303 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2591. 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)
October 24, 2014 Opinion or Order Filing 372 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)
October 23, 2014 Transmission of USCA Mandate/Order to the District Judge re: #371 USCA Mandate. (tp)
October 23, 2014 Transmission of USCA Mandate/Order to the District Judge re: #370 USCA Mandate. (tp)
October 22, 2014 Filing 371 MANDATE of USCA (Certified Copy) as to #337 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3300. 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)
October 22, 2014 Filing 370 MANDATE of USCA (Certified Copy) as to #336 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3457. 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)
October 22, 2014 Opinion or Order Filing 369 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)
October 21, 2014 Filing 368 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)
October 20, 2014 Filing 367 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 20, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
October 3, 2014 Opinion or Order Filing 366 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)
October 3, 2014 Filing 365 NOTICE of Withdrawal of Appearance of Kimberly Hamm. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Hamm, Kimberly)
October 2, 2014 Opinion or Order Filing 364 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)
October 2, 2014 Filing 363 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 2, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Friedman, Edward)
October 1, 2014 Opinion or Order Filing 362 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)
September 30, 2014 Filing 361 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)
September 30, 2014 Filing 360 REPLY MEMORANDUM OF LAW in Support re: #349 Order to Show Cause,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
September 29, 2014 Opinion or Order Filing 359 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)
September 29, 2014 Filing 358 MEMORANDUM OF LAW in Opposition re: #349 Order to Show Cause,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 29, 2014 Filing 357 DECLARATION of Carmine D. Boccuzzi, dated September 29, 2014 in Opposition re: #349 Order to Show Cause,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A - K, #2 Exhibits L - O)(Boccuzzi, Carmine)
September 26, 2014 Opinion or Order Filing 356 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)
September 26, 2014 Filing 355 DECLARATION of Christopher B. Leach in Opposition re: #342 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
September 26, 2014 Filing 354 DECLARATION of Ronald Mann in Opposition re: #342 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
September 26, 2014 Filing 353 MEMORANDUM OF LAW in Opposition re: #342 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
September 25, 2014 Filing 352 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)
September 24, 2014 Filing 351 DECLARATION of Robert A. Cohen in Support re: #349 Order to Show Cause,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
September 24, 2014 Filing 350 MEMORANDUM OF LAW in Support re: #349 Order to Show Cause,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
September 24, 2014 Opinion or Order Filing 349 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)
September 24, 2014 Filing 348 NOTICE OF APPEARANCE by Howard B. Levi on behalf of JPMorgan Chase Bank, N.A.. (Levi, Howard)
September 23, 2014 Filing 347 MEMORANDUM OF LAW in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 23, 2014 Filing 346 DECLARATION of Carmine D. Boccuzzi, dated September 23, 2014 in Support re: #342 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)
September 23, 2014 Filing 345 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)
September 22, 2014 Filing 344 DECLARATION of Karen E. Wagner in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen)
September 22, 2014 Filing 343 MEMORANDUM OF LAW in Support re: #342 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Citibank, N.A.. (Wagner, Karen)
September 22, 2014 Opinion or Order Filing 342 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)
September 21, 2014 Opinion or Order Filing 340 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)
September 19, 2014 Filing 341 MANDATE of USCA (Certified Copy) as to #313 Notice of Appeal, filed by The Republic of Argentina, #314 Notice of Appeal, filed by Citibank, N.A. USCA Case Number 14-2689; 14-2692. 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)
September 11, 2014 Filing 339 NOTICE OF APPEARANCE by Lawrence Saul Robbins on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Robbins, Lawrence)
September 2, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #337 Notice of Appeal. (ajs)
September 2, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #337 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (ajs)
September 2, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #338 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (ajs)
September 2, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #338 Notice of Appeal. (ajs)
August 29, 2014 Filing 338 NOTICE OF APPEAL from #324 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051764. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
August 29, 2014 Filing 337 NOTICE OF APPEAL from #318 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051690. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan)
August 29, 2014 Filing 336 NOTICE OF APPEAL from #321 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051480. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
August 29, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #336 Notice of Appeal. (nd)
August 29, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #336 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (nd)
August 21, 2014 Filing 335 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 21, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Friedman, Edward)
August 21, 2014 Opinion or Order Filing 334 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)
August 20, 2014 Filing 333 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 20, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Edward)
August 19, 2014 Opinion or Order Filing 332 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)
August 19, 2014 Case Designated ECF. (kgo)
August 15, 2014 Opinion or Order Filing 331 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)
August 15, 2014 Filing 330 NOTICE OF APPEAL from #324 Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003617. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Clark, Christopher)
August 15, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #330 Notice of Appeal. (nd)
August 15, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #330 Notice of Appeal filed by Euro Bondholders were transmitted to the U.S. Court of Appeals. (nd)
August 14, 2014 Filing 329 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)
August 13, 2014 Filing 328 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 13, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit)(Friedman, Edward)
August 8, 2014 Filing 326 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 8, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
August 7, 2014 Opinion or Order Filing 325 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)
August 6, 2014 Filing 327 MANDATE of USCA (Certified Copy) as to #240 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4213(L). 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)
August 6, 2014 Opinion or Order Filing 324 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)
August 6, 2014 Filing 323 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)
August 5, 2014 Filing 322 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)
August 4, 2014 Opinion or Order Filing 321 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)
August 4, 2014 Opinion or Order Filing 320 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)
August 4, 2014 Filing 319 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 4, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Friedman, Edward)
August 1, 2014 Opinion or Order Filing 318 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)
August 1, 2014 Filing 317 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 1, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
July 31, 2014 Filing 316 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 31, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
July 31, 2014 Opinion or Order Filing 315 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)
July 30, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #314 Notice of Appeal. (tp)
July 30, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #314 Notice of Appeal, filed by Citibank, N.A. were transmitted to the U.S. Court of Appeals. (tp)
July 29, 2014 Filing 314 NOTICE OF APPEAL from #312 Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942331. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen)
July 29, 2014 Filing 313 NOTICE OF APPEAL from #312 Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941755. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan)
July 29, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #313 Notice of Appeal,. (nd)
July 29, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #313 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (nd)
July 28, 2014 Opinion or Order Filing 312 ORDER denying #284 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)
July 28, 2014 Filing 311 DECLARATION of Federico Elewaut in Opposition re: #284 MOTION for Reconsideration .. Document filed by Citibank, N.A.. (Wagner, Karen)
July 28, 2014 Filing 310 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)
July 28, 2014 Filing 309 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 28, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 27, 2014 Filing 308 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 27, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 27, 2014 Filing 307 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)
July 24, 2014 Filing 306 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)
July 23, 2014 Filing 305 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)
July 23, 2014 Filing 304 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 23, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 22, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #303 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp)
July 22, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #303 Notice of Appeal. (tp)
July 21, 2014 Filing 303 NOTICE OF APPEAL from #259 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910106. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
July 21, 2014 Filing 302 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 #301 . Document filed by The Republic of Argentina. (Blackman, Jonathan)
July 21, 2014 Filing 301 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. (Blackman, Jonathan)
July 21, 2014 Filing 300 CERTIFICATE OF SERVICE. Document filed by The Bank of New York Mellon. (Schaffer, Eric)
July 21, 2014 Filing 299 DECLARATION of Evan K. Farber in Support re: #287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. MOTION to Modify Arbitration .. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A - D)(Schaffer, Eric)
July 21, 2014 Filing 298 REPLY MEMORANDUM OF LAW in Support re: #287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. MOTION to Modify Arbitration . . Document filed by The Bank of New York Mellon. (Schaffer, Eric)
July 21, 2014 Filing 297 REPLY MEMORANDUM OF LAW in Support re: #284 MOTION for Reconsideration . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
July 21, 2014 Filing 296 REPLY MEMORANDUM OF LAW in Support re: #276 MOTION to Amend/Correct . . Document filed by Clearstream Banking, S.A.. (Vassos, John)
July 18, 2014 Filing 295 DECLARATION of Charles E. Enloe in Opposition re: #287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. MOTION to Modify Arbitration .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Friedman, Edward)
July 18, 2014 Filing 294 MEMORANDUM OF LAW in Opposition re: #287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. MOTION to Modify Arbitration . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
July 18, 2014 Filing 293 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated 7/18/14 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 17, 2014 Filing 292 MEMORANDUM OF LAW in Opposition re: #284 MOTION for Reconsideration . . Document filed by Citibank, N.A.. (Wagner, Karen)
July 16, 2014 Opinion or Order Filing 291 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)
July 10, 2014 Filing 290 AFFIDAVIT OF SERVICE. Document filed by The Bank of New York Mellon. (Schaffer, Eric)
July 10, 2014 Filing 289 DECLARATION of Evan K. Farber in Support re: #287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. MOTION to Modify Arbitration .. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A through E, #2 Exhibit F through N)(Schaffer, Eric)
July 10, 2014 Filing 288 MEMORANDUM OF LAW in Support re: #287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. MOTION to Modify Arbitration . . Document filed by The Bank of New York Mellon. (Schaffer, Eric)
July 10, 2014 Filing 287 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders., MOTION to Modify Arbitration . Document filed by The Bank of New York Mellon.(Schaffer, Eric)
July 10, 2014 Filing 286 MEMORANDUM OF LAW in Opposition re: #276 MOTION to Amend/Correct . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
July 10, 2014 Filing 285 MEMORANDUM OF LAW in Support re: #284 MOTION for Reconsideration . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
July 10, 2014 Filing 284 MOTION for Reconsideration . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
July 10, 2014 Filing 283 NOTICE OF APPEARANCE by Alan Howard Scheiner on behalf of JPMorgan Chase Bank, N.A.. (Scheiner, Alan)
July 9, 2014 Filing 282 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)
July 9, 2014 Filing 281 NOTICE OF APPEARANCE by Andrea Likwornik Weiss on behalf of JPMorgan Chase Bank, N.A.. (Weiss, Andrea)
July 9, 2014 Filing 280 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)
July 9, 2014 Filing 279 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)
July 7, 2014 Filing 278 MEMORANDUM OF LAW in Support re: #276 MOTION to Amend/Correct . . Document filed by Clearstream Banking, S.A.. (Vassos, John)
July 7, 2014 Filing 277 DECLARATION of John M. Vassos in Support re: #276 MOTION to Amend/Correct .. Document filed by Clearstream Banking, S.A.. (Vassos, John)
July 7, 2014 Filing 276 MOTION to Amend/Correct . Document filed by Clearstream Banking, S.A.. (Attachments: #1 Text of Proposed Order)(Vassos, John)
July 7, 2014 Filing 275 NOTICE OF APPEARANCE by John Michael Vassos on behalf of Clearstream Banking, S.A.. (Vassos, John)
July 2, 2014 Filing 274 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)
July 2, 2014 Filing 273 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 2, 2014 Filing 272 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 2, 2014 Filing 271 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 2, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 2, 2014 Filing 270 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 1, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
July 2, 2014 Filing 269 DECLARATION of Charles E. Enloe in Opposition re: #265 Order on Motion for Miscellaneous Relief,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
July 2, 2014 Filing 268 MEMORANDUM OF LAW in Opposition re: #265 Order on Motion for Miscellaneous Relief,, Plaintiffs Opposition to Citibank, N.A.s Motion for Clarification or Modification. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
July 1, 2014 Filing 267 DECLARATION of Karen E. Wagner in Support. Document filed by Citibank, N.A.. (Wagner, Karen)
July 1, 2014 Filing 266 MEMORANDUM OF LAW in Support of Citibank N.A.'s Renewed Motion by Order to Show Cause for Clarification or Modification #265 . Document filed by Citibank, N.A.. (Wagner, Karen)
June 27, 2014 Opinion or Order Filing 265 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 #214 Motion. (Signed by Judge Thomas P. Griesa on 6/27/2014) (rjm)
June 26, 2014 Filing 264 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rapport, Daniel)
June 26, 2014 Filing 263 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit 1)(Rapport, Daniel)
June 26, 2014 Opinion or Order Filing 262 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)
June 23, 2014 Filing 261 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)
June 23, 2014 Opinion or Order Filing 260 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)
June 20, 2014 Opinion or Order Filing 259 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)
June 18, 2014 Opinion or Order Filing 258 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)
April 25, 2014 Filing 257 NOTICE OF CHANGE OF ADDRESS by Eric Justin Finkelstein on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, 28th Floor, New York, New York, 10036-6516, 212-833-1100. (Finkelstein, Eric)
April 18, 2014 Filing 256 OPINION #104382 granting #244 Motion to Stay ; granting #249 Motion for Joinder; granting #250 Motion for Joinder; denying #157 Motion to Compel; denying #194 Motion to Compel; denying #197 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 6/2/2014 (ca).
April 17, 2014 Filing 255 REPLY MEMORANDUM OF LAW in Support re: #244 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen)
April 17, 2014 Filing 254 MEMORANDUM OF LAW in Opposition re: #244 MOTION to Stay., #249 MOTION for Joinder to the Citi Entities' Motion for a Stay., #250 MOTION for Joinder to the Citi Entities' motion for a stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
April 10, 2014 Filing 253 MEMORANDUM OF LAW in Opposition re: #244 MOTION to Stay. (corrected). Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
April 7, 2014 Filing 252 DECLARATION of Eric J. Finkelstein in Opposition re: #244 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)(Finkelstein, Eric)
April 7, 2014 Filing 251 MEMORANDUM OF LAW in Opposition re: #244 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Finkelstein, Eric)
April 7, 2014 Filing 250 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)
April 4, 2014 Filing 249 MOTION for Joinder to the Citi Entities' Motion for a Stay. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance)
April 4, 2014 Filing 248 NOTICE OF APPEARANCE by Eric Justin Finkelstein on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Finkelstein, Eric)
March 20, 2014 Filing 247 DECLARATION of Lindsey T. Knapp in Support re: #244 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 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Knapp, Lindsey)
March 20, 2014 Filing 246 DECLARATION of Rebecca J. Nelson in Support re: #244 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen)
March 20, 2014 Filing 245 MEMORANDUM OF LAW in Support re: #244 MOTION to Stay.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Wagner, Karen)
March 20, 2014 Filing 244 MOTION to Stay. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Wagner, Karen)
February 11, 2014 Opinion or Order Filing 243 ORDER of USCA (Certified Copy) as to #239 Notice of Appeal filed by The Republic of Argentina, #240 Notice of Appeal filed by The Republic of Argentina USCA Case Number 13-4213(L). The parties have filed a stipulation withdrawing these appeals pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/11/2014. (nd)
December 11, 2013 Filing 242 MANDATE of USCA (Certified Copy) as to #141 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-0909.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 appeal docketed 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)
November 20, 2013 Opinion or Order Filing 241 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)
November 4, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #240 Notice of Appeal. (tp)
November 4, 2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #140 Order, #133 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #137 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #138 Reply to Response to Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #141 Notice of Appeal, filed by The Republic of Argentina, #136 Declaration in Opposition to Motion filed by The Republic of Argentina, #135 Declaration in Opposition to Motion filed by The Republic of Argentina, #132 MOTION for Specific Performance of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #139 Order, #134 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #33 Declaration filed by The Republic of Argentina, #66 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #23 Declaration in Opposition filed by The Republic of Argentina, #12 Order to Show Cause, #91 Certificate of Service Other, filed by BASF Corporation, #43 Declaration filed by The Republic of Argentina, #96 Certificate of Service Other filed by The Republic of Argentina, #104 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #73 Declaration in Support of Motion filed by Citibank, N.A., #8 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #50 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #27 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #53 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #121 Order, #28 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #15 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 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #62 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #14 Order, #115 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #58 Declaration in Support of Motion filed by BASF Corporation, #101 Certificate of Service Other, filed by Citibank, N.A., #7 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #26 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #119 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #102 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #63 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #17 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #56 Declaration in Support of Motion, filed by BASF Corporation, #32 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, #71 Declaration in Support of Motion filed by Citibank, N.A., #38 Declaration filed by The Republic of Argentina, #24 Memorandum of Law in Opposition filed by The Republic of Argentina, #31 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, #111 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #107 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #79 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, #19 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #89 Declaration in Support of Motion filed by BASF Corporation, #2 Rule 7.1 Corporate Disclosure Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #90 Reply Memorandum of Law in Support of Motion filed by BASF Corporation, #18 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #99 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #113 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #93 Declaration in Support of Motion, filed by The Republic of Argentina, #25 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., #10 Answer to Amended Complaint filed by The Republic of Argentina, #116 Response, filed by The Republic of Argentina, #64 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #4 Summons Returned Executed, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #124 Order on Motion for Partial Summary Judgment, #60 Certificate of Service Other, filed by BASF Corporation, #46 MOTION to Expedite Discovery from the Republic and BCRA. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #129 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #118 Memorandum of Law filed by The Republic of Argentina, #87 Notice of Appearance filed by Citibank, N.A., #65 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #92 Declaration in Support of Motion, filed by The Republic of Argentina, #88 Notice of Appearance filed by Citibank, N.A., #80 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #5 Amended Complaint, #41 Memorandum of Law filed by The Republic of Argentina, #29 Order, #30 Stipulation and Order, #85 Endorsed Letter, #36 Declaration filed by The Republic of Argentina, #123 Answer to Amended Complaint filed by The Republic of Argentina, #103 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #52 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #78 Memorandum of Law filed by The Republic of Argentina, #48 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #126 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #131 Notice of Appeal, filed by The Republic of Argentina, #95 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #117 Declaration, filed by The Republic of Argentina, #37 Declaration filed by The Republic of Argentina, #45 Stipulation and Order, #40 Memorandum of Law filed by The Republic of Argentina, #67 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #42 Certificate of Service Other filed by The Republic of Argentina, #22 Affidavit of Service Other filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #55 MOTION to Vacate #14 Order, #13 Order, filed by BASF Corporation, #47 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #120 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #20 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #86 Notice of Appearance filed by Citibank, N.A., #108 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #83 Certificate of Service Other filed by The Republic of Argentina, #11 Certificate of Service Other filed by The Republic of Argentina, #49 MOTION to Confirm Order of Attachment. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #128 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #35 Declaration filed by The Republic of Argentina, #34 Declaration filed by The Republic of Argentina, #75 Declaration filed by The Republic of Argentina, #51 Brief filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #110 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #59 Memorandum of Law in Support of Motion filed by BASF Corporation, #6 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #109 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #122 Amended Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #9 Protective Order, #39 Declaration filed by The Republic of Argentina, #13 Order, #68 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #74 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Or
November 1, 2013 Filing 240 NOTICE OF APPEAL from #238 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040809. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan)
October 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #239 Notice of Appeal. (tp)
October 25, 2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #140 Order,,,,,, #133 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #137 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #138 Reply to Response to Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #141 Notice of Appeal, filed by The Republic of Argentina, #136 Declaration in Opposition to Motion filed by The Republic of Argentina, #135 Declaration in Opposition to Motion filed by The Republic of Argentina, #132 MOTION for Specific Performance of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #139 Order,,,,,, #134 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #33 Declaration filed by The Republic of Argentina, #66 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #23 Declaration in Opposition filed by The Republic of Argentina, #12 Order to Show Cause, #91 Certificate of Service Other, filed by BASF Corporation, #43 Declaration filed by The Republic of Argentina, #96 Certificate of Service Other filed by The Republic of Argentina, #104 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #73 Declaration in Support of Motion filed by Citibank, N.A., #8 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #50 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #27 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #53 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #121 Order, #28 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #15 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 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #62 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #14 Order, #115 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #58 Declaration in Support of Motion filed by BASF Corporation, #101 Certificate of Service Other, filed by Citibank, N.A., #7 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #26 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #119 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #102 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #63 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #17 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #56 Declaration in Support of Motion, filed by BASF Corporation, #32 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, #71 Declaration in Support of Motion filed by Citibank, N.A., #38 Declaration filed by The Republic of Argentina, #24 Memorandum of Law in Opposition filed by The Republic of Argentina, #31 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, #111 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #107 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #79 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, #19 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #89 Declaration in Support of Motion filed by BASF Corporation, #2 Rule 7.1 Corporate Disclosure Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #90 Reply Memorandum of Law in Support of Motion filed by BASF Corporation, #18 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #99 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #113 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #93 Declaration in Support of Motion, filed by The Republic of Argentina, #25 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., #10 Answer to Amended Complaint filed by The Republic of Argentina, #116 Response, filed by The Republic of Argentina, #64 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #4 Summons Returned Executed, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #124 Order on Motion for Partial Summary Judgment, #60 Certificate of Service Other, filed by BASF Corporation, #46 MOTION to Expedite Discovery from the Republic and BCRA. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #129 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #118 Memorandum of Law filed by The Republic of Argentina, #87 Notice of Appearance filed by Citibank, N.A., #65 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #92 Declaration in Support of Motion, filed by The Republic of Argentina, #88 Notice of Appearance filed by Citibank, N.A., #80 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #5 Amended Complaint, #41 Memorandum of Law filed by The Republic of Argentina, #29 Order, #30 Stipulation and Order, #85 Endorsed Letter, #36 Declaration filed by The Republic of Argentina, #123 Answer to Amended Complaint filed by The Republic of Argentina, #103 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #52 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #78 Memorandum of Law filed by The Republic of Argentina, #48 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #126 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #131 Notice of Appeal, filed by The Republic of Argentina, #95 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #117 Declaration, filed by The Republic of Argentina, #37 Declaration filed by The Republic of Argentina, #45 Stipulation and Order, #40 Memorandum of Law filed by The Republic of Argentina, #67 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #42 Certificate of Service Other filed by The Republic of Argentina, #22 Affidavit of Service Other filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #55 MOTION to Vacate #14 Order, #13 Order, filed by BASF Corporation, #47 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #120 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #20 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #86 Notice of Appearance filed by Citibank, N.A., #108 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #83 Certificate of Service Other filed by The Republic of Argentina, #11 Certificate of Service Other filed by The Republic of Argentina, #49 MOTION to Confirm Order of Attachment. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #128 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #35 Declaration filed by The Republic of Argentina, #34 Declaration filed by The Republic of Argentina, #75 Declaration filed by The Republic of Argentina, #51 Brief filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #110 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #59 Memorandum of Law in Support of Motion filed by BASF Corporation, #6 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #109 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #122 Amended Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #9 Protective Order, #39 Declaration filed by The Republic of Argentina, #13 Order, #68 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #74 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011
October 24, 2013 Filing 239 NOTICE OF APPEAL from #235 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010374. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan)
October 3, 2013 Opinion or Order Filing 238 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)
October 3, 2013 Opinion or Order Filing 237 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)
September 27, 2013 Opinion or Order Filing 236 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)
September 25, 2013 Opinion or Order Filing 235 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)
September 24, 2013 Filing 234 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, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup 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)
September 24, 2013 Filing 233 LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated September 24, 2013 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rapport, Daniel)
August 20, 2013 Filing 232 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)
July 17, 2013 Filing 231 DECLARATION of Emily A. Stubbs in Support re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rapport, Daniel)
July 17, 2013 Filing 230 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
July 9, 2013 Filing 229 MANDATE of USCA (Certified Copy) as to #131 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-214. 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)
June 24, 2013 Filing 228 DECLARATION of Lance Croffoot-Suede in Support re: #172 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)
June 24, 2013 Filing 227 REPLY MEMORANDUM OF LAW in Support re: #172 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)
June 21, 2013 Filing 226 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 21, 2013 Filing 225 DECLARATION of Carmine D. Boccuzzi, with Exhibits A through E, dated June 21, 2013 in Opposition re: #157 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)
June 21, 2013 Filing 224 REPLY MEMORANDUM OF LAW in Support re: #168 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)
June 21, 2013 Filing 223 DECLARATION of Barry J. Glickman in Support re: #190 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)
June 21, 2013 Filing 222 REPLY MEMORANDUM OF LAW in Support re: #190 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)
May 27, 2013 Filing 221 DECLARATION of Daniel B. Rapport in Support re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K)(Rapport, Daniel)
May 27, 2013 Filing 220 REPLY MEMORANDUM OF LAW in Support re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
May 24, 2013 Opinion or Order Filing 219 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).
May 22, 2013 Filing 218 DECLARATION of Maximiliano D'Auro in Support re: #214 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)
May 22, 2013 Filing 217 DECLARATION of Manuel Beccar Varela in Support re: #214 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen)
May 22, 2013 Filing 216 DECLARATION of Federico Elewaut in Support re: #214 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen)
May 22, 2013 Filing 215 MEMORANDUM OF LAW in Support re: #214 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen)
May 22, 2013 Filing 214 MOTION Clarification of November 21, 2012 Orders. Document filed by Citibank, N.A..(Wagner, Karen)
May 22, 2013 Filing 213 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citibank, N.A. (Wagner, Karen)
May 3, 2013 Opinion or Order Filing 212 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)
April 1, 2013 Opinion or Order Filing 211 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)
March 15, 2013 Opinion or Order Filing 210 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)
March 7, 2013 Opinion or Order Filing 209 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)
February 25, 2013 Filing 208 NOTICE of Withdrawal of Appearance of Susan M. Cordaro. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Hamm, Kimberly)
January 25, 2013 Filing 207 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)
January 7, 2013 Filing 206 DECLARATION of Jeff G. Hammel in Support re: #197 MOTION to Compel., #204 MOTION to Quash Subpoenas, dated December 10, 2012.. Document filed by Euro Bondholders. (Attachments: #1 Exhibit --Exhibits A-J)(Hammel, Jeff)
January 7, 2013 Filing 205 MEMORANDUM OF LAW in Support re: #197 MOTION to Compel., #204 MOTION to Quash Subpoenas, dated December 10, 2012.. Document filed by Euro Bondholders. (Hammel, Jeff)
January 7, 2013 Filing 204 MOTION to Quash Subpoenas, dated December 10, 2012. Document filed by Euro Bondholders.(Hammel, Jeff)
January 2, 2013 Filing 203 MEMORANDUM OF LAW re: #201 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., #194 MOTION to Compel.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
January 2, 2013 Filing 202 DECLARATION of Carmine D. Boccuzzi, dated January 2, 2013 re: #201 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., #194 MOTION to Compel.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-L, #2 Exhibits M-W)(Boccuzzi, Carmine)
January 2, 2013 Filing 201 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)
December 21, 2012 Filing 200 CERTIFICATE OF SERVICE. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
December 21, 2012 Filing 199 DECLARATION of Daniel B. Rapport in Support re: #197 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-40, #5 Exhibit 41-45)(Friedman, Edward)
December 21, 2012 Filing 198 MEMORANDUM OF LAW in Support re: #197 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
December 21, 2012 Filing 197 MOTION to Compel. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
December 19, 2012 Filing 196 DECLARATION of Robert A. Cohen in Support re: #194 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Edward)
December 19, 2012 Filing 195 MEMORANDUM OF LAW in Support re: #194 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
December 19, 2012 Filing 194 MOTION to Compel. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
December 14, 2012 Opinion or Order Filing 193 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)
December 3, 2012 Filing 192 DECLARATION of Barry J. Glickman in Support re: #190 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)
December 3, 2012 Filing 191 MEMORANDUM OF LAW in Support re: #190 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)
December 3, 2012 Filing 190 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)
November 27, 2012 Opinion or Order Filing 189 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)
November 26, 2012 Opinion or Order Filing 188 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 11/21/2012) (djc)
November 26, 2012 Opinion or Order Filing 187 ORDER CONCERNING THE MARCH 5, 2012 ORDER re: (140 in 1:10-cv-03970-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)
November 20, 2012 Filing 186 REPLY MEMORANDUM OF LAW in Support re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
November 20, 2012 Filing 185 DECLARATION of Kevin S. Reed in Support re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
November 16, 2012 Filing 184 MEMORANDUM OF LAW in Opposition re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 16, 2012 Filing 183 DECLARATION of Francisco Guillermo Eggers, Dated November 16, 2012 in Opposition re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 16, 2012 Filing 182 DECLARATION of Carmine D. Boccuzzi, dated November 16, 2012 in Opposition re: #132 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)(Boccuzzi, Carmine)
November 16, 2012 Filing 181 BRIEF AMICUS BRIEF OF DUANE MORRIS INDIVIDUAL PLAINTIFFS. Document filed by Duane Morris Individual Plaintiffs.(Costantini, Anthony)
November 16, 2012 Filing 180 NOTICE OF APPEARANCE by Eric P Heichel on behalf of Depository Trust Company, Cede & Co. (Heichel, Eric)
November 14, 2012 Filing 178 SUPPLEMENTAL MEMORANDUM OF LAW re: #177 Declaration,,, #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
November 14, 2012 Filing 177 DECLARATION of Robert A. Cohen. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
November 13, 2012 Filing 179 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)
November 8, 2012 Filing 176 MEMORANDUM OF LAW in Support re: #172 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)
November 8, 2012 Filing 175 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)
November 8, 2012 Filing 174 DECLARATION of Lance Croffoot-Suede in Support re: #172 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)
November 8, 2012 Filing 173 DECLARATION of Solomon Kibriye in Support re: #172 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)
November 8, 2012 Filing 172 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)
November 7, 2012 Filing 171 DECLARATION of James L. Kerr in Support re: #168 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)
November 7, 2012 Filing 170 DECLARATION of Rebecca J. Nelson in Support re: #168 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)
November 7, 2012 Filing 169 MEMORANDUM OF LAW in Support re: #168 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)
November 7, 2012 Filing 168 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)
November 7, 2012 Filing 167 REPLY MEMORANDUM OF LAW in Support re: #145 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: #157 Plaintiffs' Motion to Compel Production. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 7, 2012 Filing 166 DECLARATION of Mark S. Sullivan in Opposition re: #157 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)
November 7, 2012 Filing 165 MEMORANDUM OF LAW in Opposition re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
October 26, 2012 Filing 164 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)
October 26, 2012 Filing 163 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)
October 26, 2012 Filing 162 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)
October 26, 2012 Filing 161 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)
October 24, 2012 Opinion or Order Filing 160 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).
October 10, 2012 Filing 159 DECLARATION of Eric J. Finkelstein in Support re: #157 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)(Rapport, Daniel)
October 10, 2012 Filing 158 MEMORANDUM OF LAW in Support re: #157 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
October 10, 2012 Filing 157 MOTION to Compel Production from Defendant and Non-Party Banks. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Certificate of Service)(Rapport, Daniel)
October 9, 2012 Filing 156 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)
September 19, 2012 Filing 155 MEMORANDUM OF LAW in Support re: #145 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. (Boccuzzi, Carmine)
September 18, 2012 Opinion or Order Filing 154 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)
August 22, 2012 Opinion or Order Filing 153 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)
August 22, 2012 Opinion or Order Filing 152 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)
August 15, 2012 Filing 151 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)
August 15, 2012 Filing 150 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Bank of America, N.A. (Glickman, Barry)
July 11, 2012 Opinion or Order Filing 149 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)
July 11, 2012 Set/Reset Deadlines: Responses due by 8/27/2012 (ft)
May 30, 2012 Opinion or Order Filing 148 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)
May 22, 2012 Filing 147 MEMORANDUM OF LAW in Support re: #145 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. (Boccuzzi, Carmine)
May 22, 2012 Filing 146 DECLARATION of Sara A. Sanchez, dated May 22, 2012 in Support re: #145 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 Exhibit A-N, #2 Exhibit O-T, #3 Exhibit U-Z)(Boccuzzi, Carmine)
May 22, 2012 Filing 145 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.(Boccuzzi, Carmine)
March 28, 2012 Opinion or Order Filing 144 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: (67 in 1:10-cv-08339-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (47 in 1:10-cv-08339-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (50 in 1:10-cv-04101-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (72 in 1:10-cv-08339-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, (79 in 1:10-cv-04782-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, (75 in 1:10-cv-04101-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, (71 in 1:10-cv-03507-TPG) MOTION to Vacate Order of Attachment. filed by Citibank, N.A., (74 in 1:10-cv-04782-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, (80 in 1:10-cv-04101-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, (49 in 1:10-cv-04782-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (73 in 1:10-cv-01602-TPG) MOTION to Vacate Order of Attachment. filed by Citibank, N.A., (48 in 1:10-cv-03507-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (49 in 1:10-cv-03970-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (44 in 1:10-cv-08339-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (51 in 1:10-cv-03507-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (79 in 1:10-cv-03970-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, (47 in 1:10-cv-04101-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (77 in 1:10-cv-08339-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, (81 in 1:10-cv-03507-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, (53 in 1:10-cv-01602-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (70 in 1:10-cv-04101-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (74 in 1:10-cv-03970-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, (69 in 1:10-cv-03970-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (46 in 1:10-cv-03970-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (76 in 1:10-cv-03507-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, (46 in 1:10-cv-04782-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (78 in 1:10-cv-01602-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, (50 in 1:10-cv-01602-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (69 in 1:10-cv-04782-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (83 in 1:10-cv-01602-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. (Signed by Judge Thomas P. Griesa on 3/28/2012) (rjm)
March 22, 2012 Opinion or Order Filing 143 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
March 14, 2012 Opinion or Order Filing 142 ORDER GRANTING SUMMARY JUDGMENT AS TO THE AURELIUS PLAINTIFFS' FIRST CAUSE OF ACTION ONLY granting in part and denying in part #125 Motion for Summary Judgment, as to first cause of action only. Aurelius Capital Master, Ltd. is awarded damages in the amount of $7,181,781, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and Aurelius Opportunities Fund II, LLC is awarded damages in the amount of $14,099,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and as further set forth in this document. Untilfurther notice from the Court, Aurelius Capital Master, Ltd. and Aurelius OpportunitiesFund II, LLC 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)
March 7, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #141 Notice of Appeal,. (nd)
March 7, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #140 Order,,,,,, #133 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #137 Memorandum of Law in Opposition to Motion filed by The Republic of Argentina, #138 Reply to Response to Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #141 Notice of Appeal, filed by The Republic of Argentina, #136 Declaration in Opposition to Motion filed by The Republic of Argentina, #135 Declaration in Opposition to Motion filed by The Republic of Argentina, #132 MOTION for Specific Performance of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #139 Order,,,,,, #134 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #33 Declaration filed by The Republic of Argentina, #66 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #23 Declaration in Opposition filed by The Republic of Argentina, #12 Order to Show Cause, #91 Certificate of Service Other, filed by BASF Corporation, #43 Declaration filed by The Republic of Argentina, #96 Certificate of Service Other filed by The Republic of Argentina, #104 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #73 Declaration in Support of Motion filed by Citibank, N.A., #8 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #50 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #27 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #53 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #121 Order, #28 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #15 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 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #62 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #14 Order, #115 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #58 Declaration in Support of Motion filed by BASF Corporation, #101 Certificate of Service Other, filed by Citibank, N.A., #7 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #26 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #119 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #102 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #63 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #17 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #56 Declaration in Support of Motion, filed by BASF Corporation, #32 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, #71 Declaration in Support of Motion filed by Citibank, N.A., #38 Declaration filed by The Republic of Argentina, #24 Memorandum of Law in Opposition filed by The Republic of Argentina, #31 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, #111 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #107 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #79 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, #19 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #89 Declaration in Support of Motion filed by BASF Corporation, #2 Rule 7.1 Corporate Disclosure Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #90 Reply Memorandum of Law in Support of Motion filed by BASF Corporation, #18 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #99 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #113 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #93 Declaration in Support of Motion, filed by The Republic of Argentina, #25 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., #10 Answer to Amended Complaint filed by The Republic of Argentina, #116 Response, filed by The Republic of Argentina, #64 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #4 Summons Returned Executed, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #124 Order on Motion for Partial Summary Judgment, #60 Certificate of Service Other, filed by BASF Corporation, #46 MOTION to Expedite Discovery from the Republic and BCRA. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #129 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #118 Memorandum of Law filed by The Republic of Argentina, #87 Notice of Appearance filed by Citibank, N.A., #65 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #92 Declaration in Support of Motion, filed by The Republic of Argentina, #88 Notice of Appearance filed by Citibank, N.A., #80 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #5 Amended Complaint, #41 Memorandum of Law filed by The Republic of Argentina, #29 Order, #30 Stipulation and Order, #85 Endorsed Letter, #36 Declaration filed by The Republic of Argentina, #123 Answer to Amended Complaint filed by The Republic of Argentina, #103 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #52 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #78 Memorandum of Law filed by The Republic of Argentina, #48 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #126 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #131 Notice of Appeal, filed by The Republic of Argentina, #95 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #117 Declaration, filed by The Republic of Argentina, #37 Declaration filed by The Republic of Argentina, #45 Stipulation and Order, #40 Memorandum of Law filed by The Republic of Argentina, #67 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #42 Certificate of Service Other filed by The Republic of Argentina, #22 Affidavit of Service Other filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #55 MOTION to Vacate #14 Order, #13 Order, filed by BASF Corporation, #47 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #120 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #20 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #86 Notice of Appearance filed by Citibank, N.A., #108 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #83 Certificate of Service Other filed by The Republic of Argentina, #11 Certificate of Service Other filed by The Republic of Argentina, #49 MOTION to Confirm Order of Attachment. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #128 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #35 Declaration filed by The Republic of Argentina, #34 Declaration filed by The Republic of Argentina, #75 Declaration filed by The Republic of Argentina, #51 Brief filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #110 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #59 Memorandum of Law in Support of Motion filed by BASF Corporation, #6 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #109 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #122 Amended Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #9 Protective Order, #39 Declaration filed by The Republic of Argentina, #13 Order, #68 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #74 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011
March 6, 2012 Filing 141 NOTICE OF APPEAL from #139 Order,,,,,, #124 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 0208-7259088. (Blackman, Jonathan)
March 5, 2012 Opinion or Order Filing 140 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)
February 23, 2012 Opinion or Order Filing 139 Vacated as per Judge's Order dated 4/22/2016, Doc. # 541.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).
February 13, 2012 Filing 138 REPLY to Response to Motion re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
February 1, 2012 Filing 137 MEMORANDUM OF LAW in Opposition re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Moore, Christopher)
February 1, 2012 Filing 136 DECLARATION of Matias Isasa in Opposition re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Moore, Christopher)
February 1, 2012 Filing 135 DECLARATION of Carmine D. Boccuzzi in Opposition re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-F, #2 Exhibit G)(Moore, Christopher)
January 13, 2012 Filing 134 DECLARATION of Daniel B. Rapport in Support re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rapport, Daniel)
January 13, 2012 Filing 133 MEMORANDUM OF LAW in Support re: #132 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
January 13, 2012 Filing 132 MOTION for Specific Performance of the Equal Treatment Provision. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Text of Proposed Order)(Friedman, Edward)
January 12, 2012 Filing 131 NOTICE OF APPEAL from #124 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 0208-7099863. (Boccuzzi, Carmine)
January 12, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #131 Notice of Appeal. (tp)
January 12, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #33 Declaration filed by The Republic of Argentina, #66 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #23 Declaration in Opposition filed by The Republic of Argentina, #12 Order to Show Cause, #91 Certificate of Service Other, filed by BASF Corporation, #43 Declaration filed by The Republic of Argentina, #96 Certificate of Service Other filed by The Republic of Argentina, #104 Reply Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #73 Declaration in Support of Motion filed by Citibank, N.A., #8 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #50 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #27 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #53 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #121 Order, #28 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #15 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 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #62 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #14 Order, #115 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #58 Declaration in Support of Motion filed by BASF Corporation, #101 Certificate of Service Other, filed by Citibank, N.A., #7 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #26 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #119 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #102 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #63 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #17 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #56 Declaration in Support of Motion, filed by BASF Corporation, #32 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, #71 Declaration in Support of Motion filed by Citibank, N.A., #38 Declaration filed by The Republic of Argentina, #24 Memorandum of Law in Opposition filed by The Republic of Argentina, #31 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, #111 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #107 Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #79 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, #19 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #89 Declaration in Support of Motion filed by BASF Corporation, #2 Rule 7.1 Corporate Disclosure Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #90 Reply Memorandum of Law in Support of Motion filed by BASF Corporation, #18 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #99 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #113 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #93 Declaration in Support of Motion, filed by The Republic of Argentina, #25 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., #10 Answer to Amended Complaint filed by The Republic of Argentina, #116 Response, filed by The Republic of Argentina, #64 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #4 Summons Returned Executed, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #124 Order on Motion for Partial Summary Judgment, #60 Certificate of Service Other, filed by BASF Corporation, #46 MOTION to Expedite Discovery from the Republic and BCRA. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #129 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #127 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #118 Memorandum of Law filed by The Republic of Argentina, #87 Notice of Appearance filed by Citibank, N.A., #65 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #92 Declaration in Support of Motion, filed by The Republic of Argentina, #88 Notice of Appearance filed by Citibank, N.A., #80 Memorandum of Law in Support of Motion, filed by Banco Central de la Republica Argentina, #5 Amended Complaint, #41 Memorandum of Law filed by The Republic of Argentina, #29 Order, #30 Stipulation and Order, #85 Endorsed Letter, #36 Declaration filed by The Republic of Argentina, #123 Answer to Amended Complaint filed by The Republic of Argentina, #103 Reply Memorandum of Law in Support of Motion filed by Citibank, N.A., #52 Declaration in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #78 Memorandum of Law filed by The Republic of Argentina, #48 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #126 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #131 Notice of Appeal, filed by The Republic of Argentina, #95 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #117 Declaration, filed by The Republic of Argentina, #37 Declaration filed by The Republic of Argentina, #45 Stipulation and Order, #40 Memorandum of Law filed by The Republic of Argentina, #67 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #42 Certificate of Service Other filed by The Republic of Argentina, #22 Affidavit of Service Other filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #55 MOTION to Vacate #14 Order, #13 Order, filed by BASF Corporation, #47 Memorandum of Law in Support of Motion filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #120 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #20 Memorandum of Law in Support, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #86 Notice of Appearance filed by Citibank, N.A., #108 Rule 56.1 Statement filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #83 Certificate of Service Other filed by The Republic of Argentina, #11 Certificate of Service Other filed by The Republic of Argentina, #49 MOTION to Confirm Order of Attachment. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #128 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #35 Declaration filed by The Republic of Argentina, #34 Declaration filed by The Republic of Argentina, #75 Declaration filed by The Republic of Argentina, #51 Brief filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #110 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #59 Memorandum of Law in Support of Motion filed by BASF Corporation, #6 Notice of Appearance filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #109 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #122 Amended Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #9 Protective Order, #39 Declaration filed by The Republic of Argentina, #13 Order, #68 Declaration in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #74 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, #70 Memorandum of Law in Support of Motion filed by Citibank, N.A., #1 Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #76 Declaration filed by The Republic of Argentina, #125 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #54 Certificate of Service Other, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., #98 Reply Memorandum of Law in Support of Motion, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital M
December 27, 2011 Filing 130 SEALED DOCUMENT placed in vault.(mps)
December 24, 2011 Filing 129 MEMORANDUM OF LAW in Support re: #125 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rieman, Walter)
December 24, 2011 Filing 128 DECLARATION of Luc M. Dowling in Support re: #125 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
December 24, 2011 Filing 127 DECLARATION of Walter Rieman in Support re: #125 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rieman, Walter)
December 24, 2011 Filing 126 RULE 56.1 STATEMENT. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rieman, Walter)
December 23, 2011 Filing 125 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rieman, Walter)
December 13, 2011 Opinion or Order Filing 124 ORDER granting #106 Motion for Partial Summary Judgment filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC: 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)
December 6, 2011 Filing 123 ANSWER to #122 Amended Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
November 22, 2011 Filing 122 SECOND AMENDED COMPLAINT against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(ft)
November 18, 2011 Opinion or Order Filing 121 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)
November 16, 2011 Filing 120 DECLARATION of Daniel B. Rapport in Support re: #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rapport, Daniel)
November 16, 2011 Filing 119 REPLY MEMORANDUM OF LAW in Support re: #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
November 9, 2011 Filing 118 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pursuant to the Pari Passu Clause, dated November 9, 2011 re: #106 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 9, 2011 Filing 117 DECLARATION of Carmine D. Boccuzzi in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pursuant to the Pari Passu Clause, dated November 9, 2011 re: #106 . 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)
November 9, 2011 Filing 116 RESPONSE re: #108 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)
October 26, 2011 Filing 115 DECLARATION of Daniel B. Rapport in Support re: #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
October 26, 2011 Filing 114 DECLARATION of Daniel B. Rapport in Support re: #112 MOTION to Amend/Correct the Complaints.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
October 26, 2011 Filing 113 MEMORANDUM OF LAW in Support re: #112 MOTION to Amend/Correct the Complaints.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
October 26, 2011 Filing 112 MOTION to Amend/Correct the Complaints. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rapport, Daniel)
October 26, 2011 Filing 111 NOTICE OF APPEARANCE by Daniel Benjamin Rapport on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Rapport, Daniel)
October 26, 2011 Filing 110 DECLARATION of Avram Friedman in Support re: #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit 1)(Friedman, Edward)
October 26, 2011 Filing 109 DECLARATION of Luc M. Dowling in Support re: #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit 1)(Friedman, Edward)
October 26, 2011 Filing 108 RULE 56.1 STATEMENT. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
October 26, 2011 Filing 107 MEMORANDUM OF LAW in Support re: #106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
October 26, 2011 Filing 106 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
October 5, 2011 Filing 105 SEALED DOCUMENT placed in vault.(mps)
October 5, 2011 Filing 104 REPLY MEMORANDUM OF LAW in Support re: #79 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)
October 5, 2011 Filing 103 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
October 5, 2011 Filing 102 REPLY MEMORANDUM OF LAW in Support re: #74 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)(Boccuzzi, Carmine)
September 30, 2011 Filing 101 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)
September 29, 2011 Filing 100 SEALED DOCUMENT placed in vault.(nm)
September 28, 2011 Filing 99 DECLARATION of Daniel B. Rapport in Support re: #46 MOTION to Expedite Discovery from the Republic and BCRA., #49 MOTION to Confirm Order of Attachment.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rapport, Daniel)
September 28, 2011 Filing 98 REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Confirm Order of Attachment., #46 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel)
September 23, 2011 Filing 97 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)
September 19, 2011 Filing 96 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)
September 16, 2011 Filing 95 REPLY MEMORANDUM OF LAW in Support re: #32 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)
September 16, 2011 Filing 94 REPLY MEMORANDUM OF LAW in Support re: #31 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)
September 16, 2011 Filing 93 DECLARATION of /Second Declaration of Claudio Solari, dated July 21, 2011 in Support re: #32 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)
September 16, 2011 Filing 92 DECLARATION of Carmine D. Boccuzzi, dated September 16, 2011 in Support re: #32 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)
September 16, 2011 Filing 91 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)
September 16, 2011 Filing 90 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION to Vacate #14 Order,,,, #13 Order,,,,. and in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders. Document filed by BASF Corporation. (Young, S. Alyssa)
September 16, 2011 Filing 89 DECLARATION of Mark S. Scott in Support re: #55 MOTION to Vacate #14 Order,,,, #13 Order,,,,.. Document filed by BASF Corporation. (Young, S. Alyssa)
September 16, 2011 Filing 88 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citibank, N.A. (Knapp, Lindsey)
September 16, 2011 Filing 87 NOTICE OF APPEARANCE by Benedict John Schweigert on behalf of Citibank, N.A. (Schweigert, Benedict)
September 16, 2011 Filing 86 NOTICE OF APPEARANCE by Edmund Polubinski, III on behalf of Citibank, N.A. (Polubinski, Edmund)
September 13, 2011 Opinion or Order Filing 85 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)
September 9, 2011 Filing 83 CERTIFICATE OF SERVICE of Brendan Cyr on September 8, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 84 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Filing 82 SEALED DOCUMENT placed in vault.(nm)
September 8, 2011 Filing 81 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Filing 80 MEMORANDUM OF LAW in Support re: #79 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)
September 8, 2011 Filing 79 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)
September 8, 2011 Filing 78 MEMORANDUM OF LAW Dated September 8, 2011 in Opposition re #46 and #49 and in Support re #74 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 77 DECLARATION of Carmine D. Boccuzzi, dated September 8, 2011 in Opposition re #46 and re #49 and in Support #74 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 76 DECLARATION of Francisco Eggers, dated September 8, 2011 in Opposition re #46 and #49 and in Support re #74 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 75 DECLARATION of Adrian E. Cosentino, dated August 3, 2011 in Opposition re #46 and #49 and in Support re #74 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 74 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.(Moore, Christopher)
September 8, 2011 Filing 73 DECLARATION of Federico Elewaut in Support re: #69 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
September 8, 2011 Filing 72 DECLARATION of Hugo N. L. Bruzone in Support re: #69 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Filing 71 DECLARATION of James L. Kerr in Support re: #69 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
September 8, 2011 Filing 70 MEMORANDUM OF LAW in Support re: #69 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Filing 69 MOTION to Vacate Order of Attachment. Document filed by Citibank, N.A..(Kerr, James)
September 8, 2011 Filing 68 DECLARATION of Kimberly Hamm - REDACTED in Support of #25 and in Opposition to #32 . in Support re: #32 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., #25 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P, #4 Exhibit Q-V, #5 Exhibit W-AA)(Hamm, Kimberly)
September 1, 2011 Opinion or Order Filing 67 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)
August 31, 2011 Filing 66 DECLARATION of Kimberly Hamm in Support of #25 and in Opposition to #32 in Support re: #32 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., #25 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
August 31, 2011 Filing 65 DECLARATION of Kimberly Hamm in Support of #15 and in Opposition to #31 in Support re: #15 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., #31 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A-C)(Hamm, Kimberly)
August 31, 2011 Filing 64 REPLY MEMORANDUM OF LAW in Support re: #15 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., #31 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 #31 . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
August 31, 2011 Filing 63 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., #25 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Memorandum of Law In Opposition to #32 . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
August 19, 2011 Opinion or Order Filing 62 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 (51 in 1:10-cv-03507-TPG) MOTION to Confirm Order of Attachment, (48 in 1:10-cv-03507-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (46 in 1:10-cv-03970-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (49 in 1:10-cv-03970-TPG) MOTION to Confirm Order of Attachment, (47 in 1:10-cv-04101-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (50 in 1:10-cv-04101-TPG) MOTION to Confirm Order of Attachment, (49 in 1:10-cv-04782-TPG) MOTION to Confirm Order of Attachment, (46 in 1:10-cv-04782-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (47 in 1:10-cv-08339-TPG) MOTION to Confirm Order of Attachment, (44 in 1:10-cv-08339-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)
August 18, 2011 Filing 61 SEALED DOCUMENT placed in vault.(nm)
August 17, 2011 Filing 60 CERTIFICATE OF SERVICE of BASF's Motion to Vacate the 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' Motions to Confirm Ex Parte Attachment Orders and in Support of Motion to Vacate. Document filed by BASF Corporation. (Young, S. Alyssa)
August 17, 2011 Filing 59 MEMORANDUM OF LAW in Support re: #55 MOTION to Vacate #14 Order,,,, #13 Order,,,,. and in Opposition to Plaintiffs Motions to Confirm the Ex Parte Attachment Orders. Document filed by BASF Corporation. (Young, S. Alyssa)
August 17, 2011 Filing 58 DECLARATION of Alyson Emanuel in Support re: #55 MOTION to Vacate #14 Order,,,, #13 Order,,,,.. Document filed by BASF Corporation. (Young, S. Alyssa)
August 17, 2011 Filing 57 DECLARATION of Mark S. Scott in Support re: #55 MOTION to Vacate #14 Order,,,, #13 Order,,,,.. Document filed by BASF Corporation. (Young, S. Alyssa)
August 17, 2011 Filing 56 DECLARATION of S. Alyssa Young in Support re: #55 MOTION to Vacate #14 Order,,,, #13 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)
August 17, 2011 Filing 55 MOTION to Vacate #14 Order,,,, #13 Order,,,,. Document filed by BASF Corporation.(Young, S. Alyssa)
August 9, 2011 Filing 54 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Stubbs, Emily)
August 9, 2011 Filing 53 DECLARATION of Kenneth N. Kuttner in Support re: #51 Brief. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
August 9, 2011 Filing 52 DECLARATION of Emily A. Stubbs in Support re: #51 Brief. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
August 8, 2011 Filing 51 BRIEF in Support of Plaintiffs' Application for Order of Attachment. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
August 8, 2011 Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Confirm Order of Attachment.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
August 8, 2011 Filing 49 MOTION to Confirm Order of Attachment. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
August 8, 2011 Filing 48 DECLARATION of Daniel B. Rapport in Support re: #46 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rapport, Daniel)
August 8, 2011 Filing 47 MEMORANDUM OF LAW in Support re: #46 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward)
August 8, 2011 Filing 46 MOTION to Expedite Discovery from the Republic and BCRA. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward)
July 22, 2011 Opinion or Order Filing 45 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).
July 6, 2011 Filing 44 SEALED DOCUMENT placed in vault.(nm)
July 6, 2011 Filing 43 DECLARATION of Carmine D. Boccuzzi [REDACTED] in Opposition re #15 and in Support re #31 . Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A through E, #2 Exhibits F through J)(Boccuzzi, Carmine)
July 1, 2011 Filing 42 CERTIFICATE OF SERVICE of Brendan Cyr on June 30, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 41 MEMORANDUM OF LAW in Opposition re #25 and in Support re #32 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 40 MEMORANDUM OF LAW in Opposition re #15 and in Support re #31 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 39 DECLARATION of Carmine D. Boccuzzi in Opposition re #25 and in Support re #32 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 38 DECLARATION of Carmine D. Boccuzzi in Opposition re #15 and in Support re #31 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 37 DECLARATION of Enrique Mario Martinez in Opposition re #25 and in Support re #32 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 36 DECLARATION of Faustino Sineriz in Opposition re #25 and in Support re #32 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 35 DECLARATION of Rodolfo Ariel Blasco in Opposition re #25 and in Support re #32 . Document filed by The Republic of Argentina. (Moore, Christopher)
June 30, 2011 Filing 34 DECLARATION of Claudio Solari in Opposition re #25 and in Support re #32 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 33 DECLARATION of Adolfo Luis Cerioni in Opposition re #15 and #25 and in Support re #31 and #32 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
June 30, 2011 Filing 32 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)
June 30, 2011 Filing 31 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)
June 7, 2011 Opinion or Order Filing 30 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)
June 7, 2011 Set/Reset Deadlines: Motions due by 6/30/2011. (rjm)
May 31, 2011 Opinion or Order Filing 29 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)
May 24, 2011 Filing 28 NOTICE OF APPEARANCE by Kimberly Ann Hamm on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Hamm, Kimberly)
May 23, 2011 Filing 27 DECLARATION of Barry R. Ostrager in Support re: #25 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
May 23, 2011 Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
May 23, 2011 Filing 25 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Ostrager, Barry)
May 19, 2011 Filing 24 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 #12 . Document filed by The Republic of Argentina. (Moore, Christopher)
May 19, 2011 Filing 23 DECLARATION of Sara A. Sanchez, dated May 19, 2011 (with Exhibits A through M) re #12 in Opposition. Document filed by The Republic of Argentina. (Moore, Christopher)
May 18, 2011 Filing 22 AFFIDAVIT OF SERVICE of Multiple Documents served on Multiple Parties on 5/16/2011. Service was accepted by Multiple People. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
May 18, 2011 Filing 21 DECLARATION of Barry R. Ostrager in Support re: #12 Order to Show Cause,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
May 18, 2011 Filing 20 MEMORANDUM OF LAW in Support re: #12 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
May 18, 2011 Filing 19 DECLARATION of Barry R. Ostrager in Support re: #14 Order,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
May 18, 2011 Filing 18 MEMORANDUM OF LAW in Support re: #14 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
May 17, 2011 Filing 17 DECLARATION of Barry R. Ostrager in Support re: #15 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
May 17, 2011 Filing 16 MEMORANDUM OF LAW in Support re: #15 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry)
May 17, 2011 Filing 15 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Ostrager, Barry)
May 16, 2011 Opinion or Order Filing 14 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)
May 16, 2011 Opinion or Order Filing 13 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)
May 16, 2011 Opinion or Order Filing 12 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).
July 19, 2010 Filing 11 CERTIFICATE OF SERVICE of Andrew M. Scott, dated July 19, 2010, #10 . Document filed by The Republic of Argentina. (Moore, Christopher)
July 12, 2010 Filing 10 ANSWER to Amended Complaint. Document filed by The Republic of Argentina. Related document: #5 Amended Complaint,.(Moore, Christopher)
July 1, 2010 Opinion or Order Filing 9 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)
June 21, 2010 Filing 8 NOTICE OF APPEARANCE by Susan Marie Cordaro on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Cordaro, Susan)
June 21, 2010 Filing 7 NOTICE OF APPEARANCE by Tyler Brooks Robinson on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Robinson, Tyler)
June 21, 2010 Filing 6 NOTICE OF APPEARANCE by Barry Robert Ostrager on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Ostrager, Barry)
June 17, 2010 Filing 5 AMENDED COMPLAINT amending #1 Complaint against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. Related document: #1 Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd..(rdz) (Additional attachment(s) added on 6/23/2010: #1 Exhibit, #2 Exhibit) (rdz).
May 26, 2010 Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 5/13/2010, answer due 7/12/2010. Service was accepted by Roberto H. Barrientos. Document filed by Aurelius Capital Master, Ltd.; Aurelius Opportunities Fund II, LLC. (Rieman, Walter)
May 24, 2010 Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (ldi)
May 24, 2010 Magistrate Judge Gabriel W. Gorenstein is so designated. (ldi)
May 24, 2010 CASE ACCEPTED AS RELATED. Create association to 1:06-cv-07792-TPG. Notice of Assignment to follow. (ldi)
May 13, 2010 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Aurelius Capital International as Corporate Parent. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(mbe) (ama).
May 13, 2010 Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 904063)Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(mbe) (ama).
May 13, 2010 SUMMONS ISSUED as to The Republic of Argentina. (mbe)
May 13, 2010 Case Designated ECF. (mbe)
May 13, 2010 CASE REFERRED TO Judge Thomas P. Greisa as possibly related to 1:06-cv-7792. (mbe)

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Search for this case: Aurelius Capital Master, Ltd. et al v. The Republic of Argentina
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Petitioner: Citigroup Inc.
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
Represented By: Lindsey Taylor Knapp
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Petitioner: Banc of America Securities LLC
Represented By: Barry Jay Glickman
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Petitioner: Merrill, Lynch, Pierce, Fenner & Smith Incorporated
Represented By: Barry Jay Glickman
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Petitioner: Citicorp North America Inc.
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
Represented By: Lindsey Taylor Knapp
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Petitioner: Merrill Lynch & Co., Inc.
Represented By: Barry Jay Glickman
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Petitioner: Citicorp USA Inc.
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
Represented By: Lindsey Taylor Knapp
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Petitioner: Bank Of America Corporation
Represented By: Barry Jay Glickman
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Petitioner: Barclays Capital Inc.
Represented By: Lance Robert Croffoot-Suede
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Petitioner: Citibank, N.A.
Represented By: Michael S. Flynn
Represented By: James Loran Kerr
Represented By: Denis J. McInerney
Represented By: Benedict John Schweigert
Represented By: Matthew Brennan Rowland
Represented By: Craig Thomas Cagney
Represented By: Karen E Wagner
Represented By: Lindsey Taylor Knapp
Represented By: Edmund Polubinski, III
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Petitioner: Barclays Bank PLC
Represented By: Lance Robert Croffoot-Suede
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Petitioner: Citigroup Global Markets Inc.
Represented By: James Loran Kerr
Represented By: Matthew Brennan Rowland
Represented By: Karen E Wagner
Represented By: Lindsey Taylor Knapp
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Receiver: Bart M. Schwartz
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3rd party defendant: Banco Bilbao Vizcaya Argentaria, S.A.
Represented By: Kenneth Andrew Caruso
Represented By: Paul B Carberry
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3rd party defendant: BBVA Compass Bancshares, Inc.
Represented By: Kenneth Andrew Caruso
Represented By: Paul B Carberry
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3rd party defendant: BBVA Securities, Inc.
Represented By: Kenneth Andrew Caruso
Represented By: Paul B Carberry
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Interested party: Depository Trust Company
Represented By: Eric P Heichel
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Interested party: Banco De La Nacion Argentina
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Interested party: Cede & Co.
Represented By: Eric P Heichel
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Interested party: J.P. Morgan Securities LLC
Represented By: Gregory Phillip Feit
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Interested party: Euro Bondholders
Represented By: Jeff G. Hammel
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Interested party: Banco Central de la Republica Argentina
Represented By: Joseph Emanuel Neuhaus
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Interested party: Clearstream Banking, S.A.
Represented By: John Michael Vassos
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Interested party: JPMorgan Chase Bank, N.A.
Represented By: Alan Howard Scheiner
Represented By: Howard B. Levi
Represented By: Gregory Phillip Feit
Represented By: Andrea Likwornik Weiss
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Interested party: Deutsche Bank AG New York Branch
Represented By: Philippe Alain Zimmerman
Represented By: Shari Ann Alexander
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Interested party: JPMorgan Chase & Co.
Represented By: Gregory Phillip Feit
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Interested party: The Bank of New York Mellon
Represented By: Eric Andrew Schaffer
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Plaintiff: Aurelius Capital Master, Ltd.
Represented By: Tyler Brooks Robinson
Represented By: Eric Justin Finkelstein
Represented By: Emily Anne Stubbs
Represented By: Walter Rieman
Represented By: Susan Marie Cordaro
Represented By: Kimberly Ann Hamm
Represented By: Jessica Axelandra Murzyn
Represented By: Daniel Benjamin Rapport
Represented By: Lawrence Saul Robbins
Represented By: Barry Robert Ostrager
Represented By: Edward A. Friedman
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Plaintiff: Aurelius Opportunities Fund II, LLC
Represented By: Tyler Brooks Robinson
Represented By: Eric Justin Finkelstein
Represented By: Emily Anne Stubbs
Represented By: Walter Rieman
Represented By: Susan Marie Cordaro
Represented By: Kimberly Ann Hamm
Represented By: Jessica Axelandra Murzyn
Represented By: Daniel Benjamin Rapport
Represented By: Lawrence Saul Robbins
Represented By: Barry Robert Ostrager
Represented By: Edward A. Friedman
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Defendant: The Republic of Argentina
Represented By: Michael A Paskin
Represented By: David Aaron Herman
Represented By: Carmine D. Boccuzzi, Jr
Represented By: Daniel Slifkin
Represented By: Damaris Hernandez
Represented By: Christopher P. Moore
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Amicus curiae: Duane Morris Individual Plaintiffs
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Amicus curiae: The Clearing House Association L.L.C.
Represented By: Joseph Emanuel Neuhaus
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Special master: Daniel A. Pollack
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Garnishee: BASF Corporation
Represented By: S. Alyssa Young
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Respondent: Bank of America, N.A.
Represented By: Barry Jay Glickman
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