FFI Fund, Ltd. et al v. The Republic of Argentina
| FFI Fund, Ltd. and FYI Ltd. |
| The Republic of Argentina |
| The Bank of New York Mellon |
| 1:2014cv08630 |
| October 29, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Loretta A Preska |
| Negotiable Instrument |
| 28 U.S.C. § 1332 ac |
| None |
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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 76
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. The Republic of Argentina, The Republic of Argentina and The Republic of Argentina terminated. (Signed by Judge Thomas P. Griesa on 4/25/2016) (kl) Modified on 4/25/2016 (kl).
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| Filing 75 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Republic of Argentina and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by FYI Ltd., FFI Fund, Ltd..(Carroll, Robert) |
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Filing 74
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 73 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 72
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 71 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 70 MANDATE of USCA (Certified Copy) as to #66 Notice of Appeal, filed by FFI Fund, Ltd., FYI 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. |
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Filing 69
ORDER of USCA (Certified Copy) as to #66 Notice of Appeal, filed by FFI Fund, Ltd., FYI 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)
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Filing 68
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)
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Filing 67
ORDER of USCA (Certified Copy) as to #66 Notice of Appeal, filed by FFI Fund, Ltd., FYI Ltd. USCA Case Number 16-0643. 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)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #66 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #66 Notice of Appeal, filed by FFI Fund, Ltd., FYI Ltd. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 66 NOTICE OF APPEAL from #64 Memorandum & Opinion,,,,. Document filed by FFI Fund, Ltd., FYI Ltd.. Filing fee $ 505.00, receipt number 0208-12027329. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Carroll, Robert) |
| Filing 65 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 3, 2016 re: follow up and supplement to Mr. Friedman's letter dated March 2, 2016. Document filed by FFI Fund, Ltd., FYI Ltd..(Carroll, Robert) |
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Filing 64
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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| Filing 63 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 2, 2016 re: Further Response to the Letter from the Republic of Argentina dated February 25, 2016. Document filed by FFI Fund, Ltd., FYI Ltd..(Carroll, Robert) |
| 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 62
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)
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| ***STRICKEN DOCUMENT. Deleted document number 58 from the case record. The document was stricken from this case pursuant to #62 Endorsed Letter. (kl) |
| Filing 61 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 60 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 59 DECLARATION of Robert A. Cohen in Opposition re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by FFI Fund, Ltd., FYI Ltd.. (Attachments: #1 Proposed Order)(Carroll, Robert) |
| Filing 57 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 56 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #34 Order to Show Cause, Set Deadlines,,,,,, . Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
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Filing 55
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 54 LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated February 25, 2016 re: Scheduling Order entered February 25, 2016. Document filed by FFI Fund, Ltd., FYI Ltd..(Carroll, Robert) |
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Filing 53
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 51 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 52 MANDATE of USCA (Certified Copy) as to #33 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 14-8630. 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 50 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 49 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 48 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 47 DECLARATION of Robert A. Cohen in Opposition re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by FFI Fund, Ltd., FYI Ltd.. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-17, #3 Exhibit 18, #4 Exhibit 19-22, #5 Exhibit 23-35, #6 Exhibit 36-54)(Carroll, Robert) |
| Filing 46 DECLARATION of Jay Newman in Opposition re: #34 Order to Show Cause, Set Deadlines,,,,,,. Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 45 MEMORANDUM OF LAW in Opposition re: #34 Order to Show Cause, Set Deadlines,,,,,, . Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 44 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 43 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 42 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
| 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 in Support 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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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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| 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) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Notice of Appeal. (tp) |
| Filing 33 NOTICE OF APPEAL from #32 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11613073. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 32
Vacated as per Judge's Order dated 4/22/2016, Doc. #74. 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 DECLARATION of Robert D. Carroll re: #29 Reply Memorandum of Law in Support of Motion . Document filed by FFI Fund, Ltd., FYI Ltd.. (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)(Carroll, Robert) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION for Specific Performance (Notice of Motion for Specific Performance). . Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #24 MOTION for Specific Performance (Notice of Motion for Specific Performance). . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 27 DECLARATION of Elizabeth M. Hanly, dated September 25, 2015 in Opposition re: #24 MOTION for Specific Performance (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 26 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 25 DECLARATION of Robert D. Carroll in Support re: #24 MOTION for Specific Performance (Notice of Motion for Specific Performance).. Document filed by FFI Fund, Ltd., FYI Ltd.. (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, #9 Exhibit 8-2, #10 Exhibit 8-3, #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 32-1, #35 Exhibit 32-2, #36 Exhibit 33, #37 Exhibit 34)(Carroll, Robert) |
| Filing 24 MOTION for Specific Performance (Notice of Motion for Specific Performance). Document filed by FFI Fund, Ltd., FYI Ltd.. (Attachments: #1 Text of Proposed Order)(Carroll, Robert) |
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Filing 23
STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material...(As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 8/5/2015) (kl)
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Filing 22
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 21 NOTICE OF APPEARANCE by Valerie Anne Koffman on behalf of FFI Fund, Ltd., FYI Ltd.. (Koffman, Valerie) |
| Filing 20 DECLARATION of Robert D. Carroll re: #19 Reply Memorandum of Law in Support of Motion . Document filed by FFI Fund, Ltd., FYI Ltd.. (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)(Carroll, Robert) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION for Partial Summary Judgment . . Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #10 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 17 DECLARATION of Elizabeth M. Hanly, dated March 17, 2015 in Opposition re: #10 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 16 COUNTER STATEMENT TO #7 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 15
MEMO ENDORSEMENT on re: (12 in 1:14-cv-08946-TPG) Letter filed by The Republic of Argentina, (11 in 1:14-cv-07739-TPG) Letter filed by The Republic of Argentina, (18 in 1:14-cv-04092-TPG) Letter filed by The Republic of Argentina, (6 in 1:14-cv-08739-TPG) Letter filed by The Republic of Argentina, (12 in 1:14-cv-08947-TPG) Letter filed by The Republic of Argentina, (11 in 1:14-cv-08601-TPG) Letter filed by The Republic of Argentina, (9 in 1:14-cv-08242-TPG) Letter filed by The Republic of Argentina, (17 in 1:14-cv-07258-TPG) Letter filed by Republic of Argentina, (18 in 1:14-cv-04091-TPG) Letter filed by The Republic of Argentina, (13 in 1:14-cv-08303-TPG) Letter filed by The Republic of Argentina, (12 in 1:14-cv-08988-TPG) Letter filed by The Republic of Argentina, (14 in 1:14-cv-08630-TPG) Letter filed by The Republic of Argentina, re: Briefing schedule. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/17/2015) (ajs)
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| Filing 14 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 13 DECLARATION of Michael Rashes in Support re: #10 MOTION for Partial Summary Judgment .. Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 12 DECLARATION of Robert D. Carroll in Support re: #10 MOTION for Partial Summary Judgment .. Document filed by FFI Fund, Ltd., FYI Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Part 1 of 3, #6 Exhibit 5 - Part 2 of 3, #7 Exhibit 5 - Part 3 of 3, #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)(Carroll, Robert) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION for Partial Summary Judgment . . Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 10 MOTION for Partial Summary Judgment . Document filed by FFI Fund, Ltd., FYI Ltd..(Carroll, Robert) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Donald Carroll to RE-FILE Document #6 MOTION for Partial Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Donald Carroll to RE-FILE Document #9 Declaration in Support of Motion, #8 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Rashes in Support re: #6 MOTION for Partial Summary Judgment .. Document filed by FFI Fund, Ltd., FYI Ltd. (Carroll, Robert) Modified on 2/4/2015 (db). |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert D. Carroll in Support re: #6 MOTION for Partial Summary Judgment .. Document filed by FFI Fund, Ltd., FYI Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Part 1 of 3, #6 Exhibit 5 - Part 2 of 3, #7 Exhibit 5 - Part 3 of 3, #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)(Carroll, Robert) Modified on 2/4/2015 (db). |
| Filing 7 RULE 56.1 STATEMENT. Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment . Document filed by FFI Fund, Ltd., FYI Ltd. (Attachments: #1 Exhibit A - NML Capital, Ltd.'s Memorandum of Law in Support of the Motion For Partial Summary Judgment)(Carroll, Robert) Modified on 2/4/2015 (db). |
| Filing 5 ANSWER to #1 Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint, Rule 7.1 Disclosure Statement, and Related case Statement served on The Republic of Argentina on 10/29/2014. Service was accepted by Roberto H. Barrientos, Vice President with Banco de la Nacion Argentina. Document filed by FFI Fund, Ltd., FYI Ltd.. (Carroll, Robert) |
| CASE ACCEPTED AS RELATED. Create association to 1:10-cv-09587-TPG. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (pgu) |
| Filing 3 CIVIL COVER SHEET filed. (moh) |
| Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 10cv9587. Document filed by FFI Fund, Ltd., FYI Ltd..(moh) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 465401108506)Document filed by FYI Ltd., FFI Fund, Ltd.. (Attachments: #1 Exhibit A)(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 10cv9587. (moh) |
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