MCHA Holdings, LLC v. The Republic of Argentina
MCHA Holdings, LLC |
The Republic of Argentina |
The Bank of New York Mellon |
Euro Bondholders |
1:2014cv07637 |
September 19, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Loretta A Preska |
Contract: Other |
28 U.S.C. § 1330 |
None |
Docket Report
This docket was last retrieved on June 12, 2017. A more recent docket listing may be available from PACER.
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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 57 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 55 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 19, 2016 re: requesting that the Court issue the Proposed Order attached hereto as Exhibit A. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A--Proposed Order)(Paskin, Michael) |
Filing 54 MANDATE of USCA (Certified Copy) as to #51 Notice of Interlocutory Appeal, filed by MCHA Holdings, LLC. 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 51 NOTICE OF INTERLOCUTORY APPEAL from #38 Memorandum & Opinion,,,. Document filed by MCHA Holdings, LLC. Filing fee $ 505.00, receipt number 0208-12031560. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Costantini, Anthony) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #51 Notice of Interlocutory Appeal,. (nd) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #51 Notice of Interlocutory Appeal, filed by MCHA Holdings, LLC were transmitted to the U.S. Court of Appeals. (nd) |
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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) |
Filing 49 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 29, 2016 re: enclosing Memorandum of Law in Support of Defendant the Republic of Argentina's Motion for the Entry of Final Orders Conditionally Lifting the Pari Passu Injunctions. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1)(Paskin, Michael) |
Filing 48 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #26 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) |
Filing 47 RESPONSE of The Bank of New York Mellon to Motion of The Republic of Argentina Seeking to Vacate Injunctions. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
Filing 46 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) |
Filing 45 NOTICE OF APPEARANCE by Richard L. Levine on behalf of MCHA Holdings, LLC. (Levine, Richard) |
Filing 44 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of MCHA Holdings, LLC. (Yolkut, David) |
Filing 43 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of MCHA Holdings, LLC. (Rosen, Brian) |
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Filing 39 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) |
Filing 40 MANDATE of USCA (Certified Copy) as to #25 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-3629. The Republic of Argentina has moved to dismiss with prejudice all of the appeals consolidated respectively under 15-1060(L) and 15-3675(L) in order to allow the district court, upon motion, to enter the order indicated in its indicative ruling of February 19, 2016. Plaintiffs-appellees in 15-3675(L) have moved to refer certain motions on that docket to this panel. Following review of the parties submissions in support of and opposition to dismissal and referral, as well as oral argument, the motion to refer appellants motion for remand is GRANTED, but that motion for remand is now reviewed as a motion to dismiss with prejudice consistent with Argentinas amendment at argument. The two pending motions to dismiss with prejudice are GRANTED pursuant to the parties agreement, confirmed in open court, as follows: 1. Before the indicative ruling is formally entered as an order, Argentina will file a motion in the district court seeking such relief, giving notice of the motion to all parties, and affording them an opportunity to be heard in the district court. 2. Argentina agrees to a stay of up to two weeks of any district court order formalizing the indicative ruling so that parties opposing the order can file a notice of appeal within two business days and seek a further stay of the order from a motions panel of this court pending appeal. Any such appeals will be consolidated for review by this court, and any party seeking a stay is hereby excused from further requirements of Fed. R. App. P. 8. Jurisdiction over these cases is hereby returned to the district court with the parties agreement to the aforestated conditions, which contemplate that the district court will enter no order formalizing its indicative ruling except on a motion from Argentina, with notice to all parties and an opportunity to be heard, and that any order will be stayed for up to two weeks. All other pending motions on both dockets are hereby DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/24/2016. (nd) |
Filing 38 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) |
Filing 37 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) |
Filing 36 REPLY MEMORANDUM OF LAW in Support re: #26 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) |
Filing 35 DECLARATION of Michael A. Paskin in Support re: #26 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael) |
Filing 34 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 12, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Paskin, Michael) |
Filing 33 DECLARATION of Santiago Bausili in Support re: #26 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 32 DECLARATION of Michael A. Paskin in Support re: #26 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael) |
Filing 31 MEMORANDUM OF LAW in Support re: #26 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 30 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
Filing 29 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
Filing 28 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
Filing 27 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel) |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #25 Notice of Appeal. (tp) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #25 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (tp) |
Filing 25 NOTICE OF APPEAL from #24 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11612875. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 22 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION Specific Performance . . Document filed by MCHA Holdings, LLC. (Costantini, Anthony) |
Filing 21 MEMORANDUM OF LAW in Opposition re: #17 MOTION Specific Performance . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 20 DECLARATION of Elizabeth M. Hanly, dated September 25, 2015 in Opposition re: #17 MOTION 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) |
Filing 19 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) |
Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION Specific Performance . . Document filed by MCHA Holdings, LLC. (Costantini, Anthony) |
Filing 17 MOTION Specific Performance . Document filed by MCHA Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Costantini, Anthony) |
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Filing 15 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by MCHA Holdings, LLC. (Costantini, Anthony) |
Filing 14 DECLARATION of Elizabeth M. Hanly, dated March 17, 2015 in Opposition re: #8 MOTION for Partial Summary Judgment .. 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) |
Filing 13 COUNTER STATEMENT TO #10 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 12 MEMORANDUM OF LAW in Opposition re: #8 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 11 MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by MCHA Holdings, LLC. (Costantini, Anthony) |
Filing 10 RULE 56.1 STATEMENT. Document filed by MCHA Holdings, LLC. (Costantini, Anthony) |
Filing 9 DECLARATION of Anthony J. Costantini, Esq. in Support re: #8 MOTION for Partial Summary Judgment .. Document filed by MCHA Holdings, LLC. (Attachments: #1 Exhibit Declaration of Robert A. Cohen)(Costantini, Anthony) |
Filing 8 MOTION for Partial Summary Judgment . Document filed by MCHA Holdings, LLC.(Costantini, Anthony) |
Filing 7 ANSWER to #1 Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MCHA Holdings, LLC.(Costantini, Anthony) |
Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 9/22/2014, answer due 11/21/2014. Service was accepted by Arlene M. Flores, Assistant Vice President Compliance. Document filed by MCHA Holdings, LLC. (Costantini, Anthony) |
Filing 4 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) |
NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) |
CASE ACCEPTED AS RELATED. Create association to 1:08-cv-06978-TPG. Notice of Assignment to follow. (pgu) |
Magistrate Judge Gabriel W. Gorenstein is so designated. (pgu) |
Filing 3 CIVIL COVER SHEET filed. (moh) (moh). |
Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 08cv6978. Document filed by MCHA Holdings, LLC.(moh) (moh). |
Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 465401105521)Document filed by MCHA Holdings, LLC.(moh) (Additional attachment(s) added on 11/18/2014: #1 Exhibit A Part 1, #2 Exhibit A Part 2) (moh). |
SUMMONS ISSUED as to The Republic of Argentina. (moh) |
Case Designated ECF. (moh) |
CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 08cv6978. (moh) |
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