EM Ltd. v. The Republic of Argentina
EM Ltd. |
The Republic of Argentina |
The Bank of New York Mellon |
Euro Bondholders |
1:2014cv08303 |
October 16, 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 8, 2017. A more recent docket listing may be available from PACER.
Document Text |
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NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (jc) |
Filing 65 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff EM Ltd. 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, with each party bearing its own costs and attorneys' fees. (Signed by Judge Thomas P. Griesa on 4/25/2016) (lmb) |
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Filing 63 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 61 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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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 59 NOTICE OF APPEARANCE by Michael B. Mukasey on behalf of EM Ltd.. (Mukasey, Michael) |
Filing 58 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) |
Filing 57 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 56 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 55 MEMORANDUM OF LAW in Support re: #50 Letter, 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 EM Ltd.. (Mukasey, Michael) |
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Filing 53 LETTER addressed to Judge Thomas P. Griesa from Michael B. Mukasey dated 2/26/2016 re: Argentina's pending motion for relief from the Pari Passu Injunction and the Court's decision to schedule a hearing. Document filed by EM Ltd..(Mukasey, Michael) |
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Filing 50 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 25, 2016 re: entry of the Republic's motions and requesting that this Court hold a hearing on the Republic's Motions to Vacate the Injunctions Entered by this Court on November 21, 2012, and October 30, 2015. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Paskin, Michael) |
Filing 51 MANDATE of USCA (Certified Copy) as to #33 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 15-3625. 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 49 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 48 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 19, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Paskin, Michael) |
Filing 47 REPLY MEMORANDUM OF LAW in Support re: #34 Order to Show Cause, Set Deadlines,,,,,, / Reply Memorandum of Law In Further Support of Defendant the Republic of Argentina's Motion for an Indicative Ruling that the Court Would Grant Relief from the Pari Passu Injunction. Document filed by EM Ltd.. (Rivkin, David) |
Filing 46 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)(Paskin, Michael) |
Filing 45 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) |
Filing 44 DECLARATION of MICHAEL STRAUS in Support re: #43 Declaration in Support, #34 Order to Show Cause, Set Deadlines,,,,,, #42 Response to Order to Show Cause. Document filed by EM Ltd.. (Rivkin, David) |
Filing 43 DECLARATION of KENNETH E. JOHNS, JR. in Support re: #34 Order to Show Cause, Set Deadlines,,,,,, #42 Response to Order to Show Cause. Document filed by EM Ltd.. (Attachments: #1 Exhibit (A) (Proposal))(Rivkin, David) |
Filing 42 RESPONSE TO ORDER TO SHOW CAUSE re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by EM Ltd.. (Rivkin, David) |
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) |
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) |
Filing 39 MEMORANDUM OF LAW re: #34 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 38 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
Filing 37 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
Filing 36 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
Filing 35 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: #33 Notice of Appeal. (tp) |
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) |
Filing 33 NOTICE OF APPEAL from #32 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11612968. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 30 REPLY MEMORANDUM OF LAW in Support re: #22 MOTION for Specific Performance / Plaintiff's Notice of Motion for Specific Performance. . Document filed by EM Ltd.. (Attachments: #1 Appendix (A) Reply Memorandum Filed in 14 Civ 8601)(Taft, William) |
Filing 29 REPLY AFFIDAVIT of /Reply Declaration Of William H. Taft V in Support re: #22 MOTION for Specific Performance / Plaintiff's Notice of Motion for Specific Performance.. Document filed by EM Ltd.. (Attachments: #1 Exhibit (A) Part 1 of Cohen Declaration filed in 14 Civ 8601, #2 Exhibit (A) Part 2 of Cohen Declaration Filed in 14 Civ 8601)(Taft, William) |
Filing 28 NOTICE OF APPEARANCE by William Howard Taft on behalf of EM Ltd.. (Taft, William) |
Filing 27 MEMORANDUM OF LAW in Opposition re: #22 MOTION for Specific Performance / Plaintiff's Notice of Motion for Specific Performance. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 26 DECLARATION of Elizabeth M. Hanly, dated September 25, 2015 in Opposition re: #22 MOTION for Specific Performance / Plaintiff's Notice of 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) |
Filing 25 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 24 DECLARATION of David W. Rivkin in Support re: #22 MOTION for Specific Performance / Plaintiff's Notice of Motion for Specific Performance.. Document filed by EM Ltd.. (Attachments: #1 Exhibit A (Part 1 of 5) to Rivkin Declaration - Declaration of Robert A. Cohen, #2 Exhibit A (Part 2 of 5) to Rivkin Declaration - Declaration of Robert A. Cohen, #3 Exhibit A (Part 3 of 5) to Rivkin Declaration - Declaration of Robert A. Cohen, #4 Exhibit A (Part 4 of 5) to Rivkin Declaration - Declaration of Robert A. Cohen, #5 Exhibit A (Part 5 of 5) to Rivkin Declaration - Declaration of Robert A. Cohen, #6 Exhibit B to Rivkin Declaration - Defaulted Bond in which EM had a beneficial interest, #7 Exhibit C to Rivkin Declaration - Amended Final Judgment entered by this Court in favor of EM on October 27, 2003 in EM Ltd. v. The Republic of Argentina, Case No. 03 Civ 2507)(Rivkin, David) |
Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION for Specific Performance / Plaintiff's Notice of Motion for Specific Performance. / Memorandum of Law in Support of Plaintiff's Motion for Specific Performance. Document filed by EM Ltd.. (Rivkin, David) |
Filing 22 MOTION for Specific Performance / Plaintiff's Notice of Motion for Specific Performance. Document filed by EM Ltd.. (Attachments: #1 Proposed Order)(Rivkin, David) |
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Filing 20 NOTICE OF APPEARANCE by David W. Rivkin on behalf of EM Ltd.. (Rivkin, David) |
Filing 19 REPLY AFFIRMATION of /Reply Declaration Of Charles Platto in Support re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment.. Document filed by EM Ltd.. (Attachments: #1 Exhibit (A) NML Reply Memorandum, #2 Exhibit (B) Part 1 Robert A. Cohen Declaration, #3 Exhibit (B) Part 2 Robert A. Cohen Declaration, #4 Exhibit (B) Part 3 Robert A. Cohen Declaration, #5 Exhibit (B) Part 4 Robert A. Cohen Declaration, #6 Exhibit (B) Part 5 Robert A. Cohen Declaration, #7 Exhibit (C) Deborah Green Declaration)(Platto, Charles) |
Filing 18 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment. . Document filed by EM Ltd.. (Platto, Charles) |
Filing 17 MEMORANDUM OF LAW in Opposition re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 16 DECLARATION of Elizabeth M. Hanly, dated March 17, 2015 in Opposition re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-K, #2 Exhibit L-T, #3 Exhibit U-Z, #4 Exhibit AA-BB, #5 Exhibit CC)(Boccuzzi, Carmine) |
Filing 15 COUNTER STATEMENT TO #10 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 13 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi Jr. dated February 13, 2015 re: motion for summary judgment briefing schedule. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
Filing 12 DECLARATION of Mark Vandevelde in Support re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment.. Document filed by EM Ltd.. (Attachments: #1 Exhibit A)(Platto, Charles) |
Filing 11 DECLARATION of Charles Platto in Support re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment.. Document filed by EM Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5 (Part 1), #7 Exhibit A-5 (Part 2), #8 Exhibit A-5 (Part 3), #9 Exhibit A-6, #10 Exhibit A-7, #11 Exhibit A-8, #12 Exhibit A-9, #13 Exhibit A-10, #14 Exhibit A-11, #15 Exhibit A-12, #16 Exhibit A-13, #17 Exhibit A-14, #18 Exhibit A-15, #19 Exhibit A-16, #20 Exhibit A-17, #21 Exhibit A-18, #22 Exhibit A-19, #23 Exhibit A-20, #24 Exhibit A-21, #25 Exhibit A-22, #26 Exhibit A-23, #27 Exhibit A-24, #28 Exhibit A-25, #29 Exhibit A-26, #30 Exhibit A-27, #31 Exhibit A-28, #32 Exhibit A-29, #33 Exhibit A-30, #34 Exhibit A-31, #35 Exhibit A-32, #36 Exhibit A-33, #37 Exhibit A-34, #38 Exhibit A-35, #39 Exhibit A-36, #40 Exhibit A-37, #41 Exhibit A-38, #42 Exhibit A-39, #43 Exhibit A-40, #44 Exhibit A-41, #45 Exhibit A-42, #46 Exhibit A-43, #47 Exhibit A-44, #48 Exhibit A-45, #49 Exhibit A-46, #50 Exhibit A-47, #51 Exhibit A-48, #52 Exhibit B)(Platto, Charles) |
Filing 10 RULE 56.1 STATEMENT. Document filed by EM Ltd.. (Platto, Charles) |
Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment. / Memorandum of Law in Support of Plaintiff's Motion for Partial Summary Judgment. Document filed by EM Ltd.. (Attachments: #1 Appendix A)(Platto, Charles) |
Filing 8 MOTION for Partial Summary Judgment / Plaintiff's Notice of Motion for Partial Summary Judgment. Document filed by EM Ltd..(Platto, Charles) |
Filing 7 ANSWER to #1 Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
Filing 6 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 7, 2014 re: notification pursuant to November 6, 2014 order in Knighthead Master Fund LP v. The Bank of New York Mellon (2014). Document filed by Euro Bondholders.(Clark, Christopher) |
Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. The Republic of Argentina served on 10/16/2014, answer due 12/15/2014. Service was accepted by Roberto H. Barrientos. Document filed by EM Ltd.. (Platto, Charles) |
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) |
NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) |
Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EM Ltd..(Platto, Charles) |
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 EM Ltd..(moh) (moh). (Main Document 2 replaced on 10/23/2014) (moh). |
Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 465401107273)Document filed by EM Ltd..(moh) (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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