Guibelalde et al v. The Republic of Argentina
| Horacio Guibelalde and Marta Mabel Folgado |
| The Republic of Argentina |
| The Bank of New York Mellon |
| 1:2011cv04908 |
| July 18, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| None |
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Filing 70
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO STATUS OF CLAIMS: IT IS HEREBY ORDERED THAT: 1. Counsel for all plaintiffs in the above-captioned actions must inform counsel for the Republic as to (a) whether, as of the date of their submission to the Republic, any of the plaintiffs in their cases have settled, transferred, and/or otherwise disposed of all or any portion of the bond interests that are the subjects of plaintiffs' claims and/or judgments against the Republic, and, if so, confirm the amounts and bond identification numbers (ISINs) for any interests no longer held, and (b) the amounts and ISINs for any bond interests still held by plaintiffs in the above-captioned actions and still subject to litigation as of the date of their submission to the Republic. 2. The information described in Schedule A must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Jr., Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than August 30, 2019; and 3. The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Loretta A. Preska on 7/17/2019) (jwh)
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Filing 69
PROPOSED ORDER. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 68
LETTER addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated July 16, 2019 re: status of claims in non-dismissed actions with enclosed proposed order. Document filed by The Republic of Argentina. (Attachments: #1 Text of Proposed Order)(Boccuzzi, Carmine)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #69 Proposed Order was reviewed and approved as to form. (dt)
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NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (ma)
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Filing 67
SECOND AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: The Order for Appointment of Special Master, June 23, 2014, as amended and supplemented by the Amended and Supplemental Order of Appointment of Special Master, November 3, 2014, is further amended and supplemented as follows: 1. From and after April 22, 2016, Elliot Capital Management and Aurelius Capital Management, who have settled their claims with the Republic of Argentina, shall have no further responsibility for the fees and expenses of the Special Master. 2. From and after April 22, 2016, those parties who avail themselves of the services of the Special Master in negotiations with the Republic of Argentina shall have responsibility for their share of the fees and expenses of the Special Master. 3. The Special Master shall have the right to invoice the clients of Morgan Lewis & Bockius and Duane Morris for his services from April 22, 2016 through June 22, 2016 (and for services thereafter as the Special Master may determine appropriate) by invoicing the law firms as the representatives of their clients. These clients shall include Attestor Master Value Fund LP; Bybrook Capital Master Fund LP; Hazelton Master Fund LP; Trinity Investments Limited; White Hawthorne, LLC; and White Hawthorne II, LLC. Unless otherwise agreed between and among these clients, each shall be responsible for an equal share of one-half of the Special Master's fees and expenses. The Republic of Argentina shall remain responsible for its one-half of the Special Master's fees and expenses. 4. This Order shall apply to the above-captioned cases, all of which remain open, as well as any other cases against the Republic of Argentina in which the parties avail themselves of the services of the Special Master. 5. In all other respects the Order of Appointment of Special Master, June 23, 2014, as amended and supplemented by Order of November 3, 2014, shall remain in full force and effect. SO ORDERED. (Signed by Judge Thomas P. Griesa on 6/20/2016) (kl)
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Filing 66
ORDER: On March 2, 2016, the court granted the Republic of Argentina's motion to vacate the pari passu injunctions upon the occurrence of two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. Some plaintiffs appealed that March 2 vacatur order. On April 13, 2016, the Court of Appeals heard oral argument on the appeal and affirmed the vacatur order from the bench. The Court of Appeals then issued a written order, holding that this court did not abuse its discretion in ordering that the injunctions would be vacated upon satisfaction of the two conditions precedent. Aurelius Capital Master, Ltd. v. Republic of Argentina, No. 16-628, sum. order at 21 (2d Cir. Apr. 15, 2016). The Court of Appeals also noted that, at the time the Republic certifies it has satisfied the conditions precedent, this court should "take steps... to determine whether the conditions have indeed been met." Id. The Republic now certifies that it has satisfied the conditions precedent. In support of certification, the Republic submits two sworn declarations. The first is the declaration of Undersecretary of Finance Santiago Bausili, which shows that the Republic has repealed all legislative obstacles to settlement, including the Lock Law and the Sovereign Payment Law. The second is the declaration of Matthew Dukes, Director of Deutsche Bank Securities, which lists the settlement payments made to every plaintiff that entered into an agreement in principle by February 29, 2016. For each payment, the Dukes declaration confirms the plaintiffs name, settlement amount, and Fedwire reference number. Having carefully reviewed the Republic's submissions, the court now finds that the conditions precedent have been met. Accordingly, the injunctions are vacated in all cases. All stipulations of dismissal are to be filed with the court no later than 2:00 p.m. on April 25, 2016. (Signed by Judge Thomas P. Griesa on 4/22/2016) (tro)
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Filing 65
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 22, 2016 re: notifying the Court that the Republic has satisfied the two conditions precedent to vacatur of the injunctions pursuant to this Court's March 2, 2016 Opinion and Order. Document filed by The Republic of Argentina. (Attachments: #1 Declaration of Santiago Bausili with Exhibits, #2 Declaration of Matthew Dukes, #3 Exhibit to Dukes Declaration)(tro)
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Filing 64
ORDER: IT IS HEREBY ORDERED that: Argentina shall identify promptly all series of Exchange Bonds to be paid by BNY Mellon under the Indenture (the "Exchange Bonds Payments"), listing for each series the interest to be paid and the interest per $1000 or euro 1000 (as applicable) principal amount of each series of Exchange Bonds. Upon the fulfillment of the two conditions precedent referenced in the March 2 Order vacating the Injunctions, Argentina is authorized and directed to perform all of its obligations under the Indenture including, without limitation, payment of all fees, expenses and other amounts owed or payable to BNY Mellon thereunder. Upon determination by this Court that the two conditions precedent referenced in the March 2 Order have been met and receipt of the information set forth in the preceding paragraph, BNY Mellon is authorized and directed to distribute amounts received from Argentina, including, without limitation, the funds which Argentina transferred into BNY Mellon's accounts at Banco Central de la Republica Argentina on June 26, 2014, in accordance with the Indenture. The record date for purposes of such payments shall be the fifth Business Day (as defined in the Indenture) after this Court determines that the two conditions precedent referenced in the March 2 Order have been met and the payment date of such amounts shall be no later than 15 days following such record date, as Argentina shall instruct BNY Mellon with no less than three Business Days written notice, and payments shall be made to Holders (as defined in the Indenture) of record as of the close of business on the record date. In accordance with the Indenture, such payments shall be prefunded by 1:00 p.m. local time on the Business Day (as defined in the Indenture) prior to the Payment Date. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 4/19/2016) (kl)
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Filing 63
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)
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Filing 62
MANDATE of USCA (Certified Copy) as to #59 Notice of Appeal, filed by Horacio Guibelalde, Marta Mabel Folgado. USCA Case Number 16-0628(L). Ordered, Adjudged and Decreed that the opinion and Order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/15/2016. (nd)
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Filing 61
ORDER of USCA (Certified Copy) as to #59 Notice of Appeal, filed by Horacio Guibelalde, Marta Mabel Folgado. USCA Case Number 16-0628(L). On April 13, 2016, the Court heard oral argument in this consolidated expedited appeal taken from an order of the district court entered March 2, 2016. IT IS HEREBY ORDERED that the order of the district court is affirmed. A further order will follow in due course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/14/2016. (nd)
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Filing 60
ORDER of USCA (Certified Copy) as to #59 Notice of Appeal, filed by Horacio Guibelalde, Marta Mabel Folgado. USCA Case Number 16-0673. 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. Certified: 03/11/2016. (nd)
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Filing 59
NOTICE OF APPEAL from #58 Memorandum & Opinion,,,,. Document filed by Marta Mabel Folgado, Horacio Guibelalde. Filing fee $ 505.00, receipt number 0208-12030432. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Spencer, Michael)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #59 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #59 Notice of Appeal, filed by Horacio Guibelalde, Marta Mabel Folgado were transmitted to the U.S. Court of Appeals. (tp)
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Filing 58
OPINION AND ORDER: The court appreciates the arguments presented by all parties who spoke at yesterday's hearing. And the court does not take lightly the decision to lift the injunctions. But, ultimately, circumstances have changed so significantly as to render the injunctions inequitable and detrimental to the public interest. For the reasons outlined in the Indicative Ruling and this order, the court grants the Republic's motions to vacate the injunctions in all actions upon the occurrence of the two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 3/2/2016) (Attachments: #1 RULE 62.1 INDICATIVE RULING)(kl)
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Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 3/1/2016 re: (888 in 1:08-cv-06978-TPG) Letter, filed by The Republic of Argentina, (887 in 1:08-cv-06978-TPG) USCA Mandate Attorney Michael B. Mukasey, representing plaintiff EM Limited. Attorney Michael Shuster, representing plaintiffs Montreux and others. Attorney Michael A. Paskin, representing defendant, the Republic of Argentina.Attorney Christopher Clark, representing certain exchange bondholders. Attorneys Robert A. Cohen and Theodore B. Olson, representing plaintiff NML Capital, Ltd. Attorney Edward A. Friedman, representing plaintiffs Aurelius and Blue Angel. Attorney Michael C. Spencer, representing the Varela and other plaintiffs.Attorneys Anthony J. Costantini, Richard L. Levine, Anu Bhargava, Jennifer R. Scullion, P. Sabin Willett, and Jessica J. Sleater, representing certain other plaintiffs. Attorney Eric A. Schaffer, representing Bank of New YorkMellon. Hearing held.in re: requesting entry of an order by the court granting the Republic of Argentinas motions to vacate the injunctions. (See also Mandate (doc. no. 887) issued on February 24, 2016, and letterrequest dated February 25, 2016 (doc. no. 888).) The court reserves decision on all motions. See transcript.(Court Reporter Vincent Bologna) (Landers, Rigoberto)
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Filing 57
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)
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Filing 56
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #34 Order to Show Cause, Set Deadlines,,,,,, . 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 DECLARATION OF SANTIAGO BAUSILI, #4 Exhibit 2 TO DECLARATION OF SANTIAGO BAUSILI, #5 Exhibit 3 TO DECLARATION OF SANTIAGO BAUSILI, #6 Exhibit 4 TO DECLARATION OF SANTIAGO BAUSILI, #7 Exhibit 5 TO DECLARATION OF SANTIAGO BAUSILI, #8 Exhibit 6 TO DECLARATION OF SANTIAGO BAUSILI, #9 Exhibit 7 TO DECLARATION OF SANTIAGO BAUSILI, #10 Exhibit 8 TO DECLARATION OF SANTIAGO BAUSILI, #11 Exhibit 9 TO DECLARATION OF SANTIAGO BAUSILI, #12 Text of Proposed Order)(Hernandez, Damaris)
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Filing 55
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)
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Filing 54
DECLARATION of Michael C. Spencer in Opposition re: #48 Letter,. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 53
MEMORANDUM OF LAW in Opposition re: #48 Letter, . Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 52
ORDER: Certain plaintiffs have requested an adjournment of the hearing presently scheduled for 1:30 p.m. on March 1, 2016. In light of the circumstances underlying this litigation, it is desirable for all parties to know the court's disposition with respect to the injunctions and to arrive at a prompt resolution so that any order may be reviewed by the Court of Appeals. All plaintiffs have had notice of the Republic of Argentina's motion to vacate the injunctions in all cases since February 11, 2016. Many plaintiffs have already submitted voluminous briefs on this issue, both in this court and in the Court of Appeals. And, as outlined in the court's February 25 scheduling order, the parties may file further briefing, if they wish, by noon on February 29, 2016. Before this court issues any formal order on the Republic's motion to vacate, all parties will have had a meaningful opportunity to be heard both orally and in written briefs. The hearing will take place at 1:30 p.m. on March 1, 2016. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/26/2016) (kl)
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Filing 51
LETTER addressed to Judge Thomas P. Griesa from Michael C. Spencer dated February 26, 2016 re: Request for extension. Document filed by Marta Mabel Folgado, Horacio Guibelalde.(Spencer, Michael)
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Filing 49
ORDER: On February 19, 2016, this court issued a Rule 62.1 Indicative Ruling. The Court of Appeals remanded the above-captioned actions after hearing argument on February 24, 2016. The Court of Appeals also instructed the Republic of Argentina to file a motion requesting that this court formally enter the Indicative Ruling as an order, giving notice of the motion to all parties, and affording those parties an opportunity to be heard in this court. The Republic of Argentina has now filed such a motion. The court will hear argument on the motion in these actions at 1:30 p.m. on March 1, 2016. Any party wishing to submit further papers may do so by noon on February 29, 2016. SO ORDERED. (Oral Argument set for 3/1/2016 at 01:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/25/2016) (kl)
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Filing 48
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/25/2016 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)(Hernandez, Damaris)
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Filing 50
MANDATE of USCA (Certified Copy) as to #33 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-3651. 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)
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Filing 47
RULE 62.1 INDICATIVE RULING: For these reasons, the court now indicates that it would vacate the 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 enter 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. If the Court of Appeals remands to allow this court to grant the Republic's motion to vacate, the injunctions will be lifted automatically upon fulfillment of these two conditions. (As further set forth in this Ruling) (Signed by Judge Thomas P. Griesa on 2/19/2016) (kl)
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Filing 46
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)(Hernandez, Damaris)
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Filing 45
REPLY MEMORANDUM OF LAW in Support re: #34 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Attachments: #1 Second Supplemental Declaration of Michael A. Paskin, #2 Supplemental Declaration of Santiago Bausili)(Hernandez, Damaris)
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Filing 44
NOTICE of PLAINTIFFS MEMORANDUM IN OPPOSITION TO APPLICATION BY DEFENDANT THE REPUBLIC OF ARGENTINA BY ORDER TO SHOW CAUSE TO VACATE THE PARI PASSU INJUNCTIONS. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 43
DECLARATION of Michael A. Paskin in Support re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael)
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Filing 42
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)
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Filing 41
DECLARATION of Santiago Bausili in Support re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Paskin, Michael)
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Filing 40
DECLARATION of Michael A. Paskin in Support re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael)
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Filing 39
MEMORANDUM OF LAW in Support re: #34 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Paskin, Michael)
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Filing 38
NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael)
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Filing 37
NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David)
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Filing 36
NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris)
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Filing 35
NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel)
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Filing 34
ORDER TO SHOW CAUSE: It is hereby ORDERED Plaintiffs show cause before this Court on February 18, 2016, why this Court should not issue an indicative ruling pursuant to Federal Rule of Civil Procedure 62.1 indicating that this Court will, upon remand from the Second Circuit, issue an order pursuant to Rules 54(b), 60(b)(5) and/or 60(b)(6) of the Federal Rules of Civil Procedure, vacating the injunction entered in this matter on October 30, 2015, without further action of the Court, upon the occurrence of the following conditions precedent: (As further set forth in this Order.) Show Cause Response due by 2/16/2016, at noon and Replies due by 2/18/2016, at noon. (Signed by Judge Thomas P. Griesa on 2/11/2016) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(kko) Modified on 2/11/2016 (kko).
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Filing 33
NOTICE OF APPEAL from #32 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11611935. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #33 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Notice of Appeal. (tp)
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Filing 32
Vacated as per Judge's Order dated 4/22/2016, Doc. #66. OPINION AND ORDER #105995: For these reasons, the court grants plaintiffs' motions for specific performance. The Republic is ordered to specifically perform its obligations to plaintiffs under the pari passu clause by making ratable payments to plaintiffs any time it makes, or attempts to make, payments on the Exchange Bonds. The Republic is enjoined from violating the pari passu clause and from taking any action to evade the purposes and directives of this order. Within three days, the Republic shall provide copies of this order to all participants in the payment process of the Exchange Bonds. These participants shall be bound by this order, as provided by Rule 65(d)(2), and prohibited from aiding and abetting any violation of this order. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 10/30/2015) (kl) Modified on 11/2/2015 (ca). Modified on 4/22/2016 (tro).
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Filing 31
ORDER: The court will hear argument on the motions for specific performance filed in these cases at 2:00p.m. on October 28, 2015. (Oral Argument set for 10/28/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/15/2015) (kl)
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Filing 30
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION for Specific Performance . . Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 29
MEMORANDUM OF LAW in Opposition re: #25 MOTION for Specific Performance . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
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Filing 28
DECLARATION of Elizabeth M. Hanly, dated September 25, 2015 in Opposition re: #25 MOTION for Specific Performance .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-O, #2 Exhibit P-R, #3 Exhibit S, #4 Exhibit T-U, #5 Exhibit V-W, #6 Exhibit X, #7 Exhibit Y-Z)(Boccuzzi, Carmine)
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Filing 27
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated September 1, 2015 re: requesting court approval of an agreed to briefing schedule for plaintiffs' motion for specific performance. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
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Filing 26
DECLARATION of MICHAEL C. SPENCER in Support re: #25 MOTION for Specific Performance .. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (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 (1 of 3), #9 Exhibit 8 (2 of 3), #10 Exhibit 8 (3 of 3), #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33)(Spencer, Michael)
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Filing 25
MOTION for Specific Performance . Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Attachments: #1 Text of Proposed Order)(Spencer, Michael)
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Filing 24
OPINION AND ORDER #105577: For the reasons given above, the court concludes that plaintiffs in these thirty-six actions have satisfied their burden for obtaining summary judgment. The motions for partial summary judgment are hereby granted. It is hereby declared, adjudged, and decreed that the Republic has violated, and continues to violate, Paragraph (1)(c) of the 1994 Fiscal Agency Agreement. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl) Modified on 6/16/2015 (soh).
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Filing 23
ORDER granting #12 Motion to Amend/Correct #1 Complaint. On February 23, 2015, plaintiffs filed a motion for leave to amend the complaint. The motion is hereby granted in light of the liberal standard for amending the pleadings. See Fed. R. Civ. P. 15(a). The court accepts the Proposed Amended Complaint attached as Exhibit 2 to document number 14 in this case. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl)
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Filing 22
DECLARATION of HORACIO GUIBELALDE in Support re: #8 MOTION for Partial Summary Judgment .. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 21
REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Amend/Correct . . Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 19
MEMORANDUM OF LAW in Opposition re: #12 MOTION to Amend/Correct ., #8 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
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Filing 18
DECLARATION of Elizabeth M. Hanly, dated March 17, 2015 in Opposition re: #8 MOTION for Partial Summary Judgment ., #12 MOTION to Amend/Correct .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K, #2 Exhibits L-T, #3 Exhibits U-Z, #4 Exhibits AA-BB, #5 Exhibit CC)(Boccuzzi, Carmine)
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Filing 17
COUNTER STATEMENT TO #11 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
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Filing 16
MEMO ENDORSEMENT on re: #15 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated March 4, 2015 re: Plaintiffs' motion for leave to amend the complaint. Document filed by The Republic of Argentina. ENDORSEMENT: So ordered. (Responses due by 3/17/2015. Replies due by 4/7/2015.) (Signed by Judge Thomas P. Griesa on 3/4/2015) (rjm)
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Filing 15
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated March 4, 2015 re: Plaintiffs' motion for leave to amend the complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
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Filing 14
DECLARATION of MICHAEL C. SPENCER in Support re: #12 MOTION to Amend/Correct .. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Attachments: #1 Exhibit 1 - 1994 FAA, #2 Exhibit 2 - Proposed Amended Complaint, #3 Exhibit 3 - Argentina Memo of Law re CPLR 5240)(Spencer, Michael)
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Filing 13
MEMORANDUM OF LAW in Support re: #12 MOTION to Amend/Correct . MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THEIR COMPLAINT. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 12
MOTION to Amend/Correct . Document filed by Marta Mabel Folgado, Horacio Guibelalde.(Spencer, Michael)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael Champlin Spencer to RE-FILE Document #6 MOTION to Amend/Correct MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THEIR COMPLAINT. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion WAS NOT FILED, first file Motion, then file and link any supporting documents. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Champlin Spencer to RE-FILE Document #7 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
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Filing 11
RULE 56.1 STATEMENT. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 10
DECLARATION of MICHAEL C. SPENCER in Support re: #8 MOTION for Partial Summary Judgment .. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5a, #6 Exhibit 5b, #7 Exhibit 5c, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48)(Spencer, Michael)
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Filing 9
RULE 56.1 STATEMENT. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Spencer, Michael)
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Filing 8
MOTION for Partial Summary Judgment . Document filed by Marta Mabel Folgado, Horacio Guibelalde.(Spencer, Michael)
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of MICHAEL C. SPENCER in Support re: #6 MOTION to Amend/Correct MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THEIR COMPLAINT.. Document filed by Marta Mabel Folgado, Horacio Guibelalde. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Spencer, Michael) Modified on 2/23/2015 (db).
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Filing 6
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THEIR COMPLAINT. Document filed by Marta Mabel Folgado, Horacio Guibelalde.(Spencer, Michael) Modified on 2/23/2015 (db).
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Filing 5
NOTICE OF CHANGE OF ADDRESS by Gary Steven Snitow on behalf of Marta Mabel Folgado, Horacio Guibelalde. New Address: Snitow, Kanfer & Holtzer, 575 Lexington Avenue, 14th Floor, New York, NY, USA 10022, 212-317-8500. (Snitow, Gary)
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Filing 4
ANSWER to #1 Complaint. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine)
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Filing 3
SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 7/20/2011, answer due 9/19/2011. Service was accepted by Robert H Barrientos, VP, Banco de la Nacion Argentina. Document filed by Horacio Guibelalde; Marta Mabel Folgado. (Spencer, Michael)
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Filing 2
NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu)
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CASE ACCEPTED AS SIMILAR. Create association to 1:09-cv-08299-TPG. Notice of Assignment to follow. (pgu)
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Magistrate Judge Gabriel W. Gorenstein is so designated. (pgu)
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Filing 1
COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 1011818)Document filed by Horacio Guibelalde, Marta Mabel Folgado.(tro)
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SUMMONS ISSUED as to The Republic of Argentina. (tro)
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Case Designated ECF. (tro)
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CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 09cv8299. (tro)
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