Bybrook Capital Master Fund LP et al v. The Republic of Argentina
Bybrook Capital Master Fund LP and Bybrook Capital Hazelton Master Fund LP |
The Republic of Argentina |
The Bank of New York Mellon |
1:2015cv02369 |
March 30, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of U.S. |
Thomas P Griesa |
Loretta A Preska |
Contract: Other |
28 U.S.C. § 1332 oc Diversity-Other Contract |
None |
Docket Report
This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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USCA Appeal Fees received $ 505.00 receipt number 6190 on 9/21/2022 re: #65 Notice of Appeal filed by The Republic of Argentina..(nd) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #65 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals..(nd) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #65 Notice of Appeal..(nd) |
Filing 65 NOTICE OF APPEAL. Document filed by The Republic of Argentina. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Boccuzzi, Carmine) |
Filing 64 SEALED DOCUMENT placed in vault..(jus) |
Filing 63 NOTICE OF APPEARANCE by Dennis H. Hranitzky on behalf of Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP..(Hranitzky, Dennis) |
NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (jc) |
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Filing 60 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 58 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 57 MANDATE of USCA (Certified Copy) as to #54 Notice of Interlocutory Appeal, filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP. 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 54 NOTICE OF INTERLOCUTORY APPEAL from #38 Memorandum & Opinion,,,. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. Filing fee $ 505.00, receipt number 0208-12032087. 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: #54 Notice of Interlocutory Appeal,. (nd) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #54 Notice of Interlocutory Appeal, filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP 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 52 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/29/2016 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)(Hernandez, Damaris) |
Filing 51 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #25 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 Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #4 Exhibit 2 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #5 Exhibit 3 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #6 Exhibit 4 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #7 Exhibit 5 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #8 Exhibit 6 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #9 Exhibit 7 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #10 Exhibit 8 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #11 Exhibit 9 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #12 Text of Proposed Order)(Paskin, Michael) |
Filing 50 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 49 DECLARATION of Anthony J. Costantini in Opposition re: #48 Memorandum of Law in Opposition, #39 Letter,. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Costantini, Anthony) |
Filing 48 MEMORANDUM OF LAW in Opposition re: #40 Order, Set Hearings,,,,,, #39 Letter, Memorandum of Law in Opposition to Argentina's Letter Motion Seeking Formalization of This Court's "Indicative Ruling," or, Alternatively, in Support of an Amended Order. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 47 NOTICE OF APPEARANCE by Richard L. Levine on behalf of Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Levine, Richard) |
Filing 46 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of Bybrook Capital Hazelton Master Fund LP. (Rosen, Brian) |
Filing 45 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Bybrook Capital Hazelton Master Fund LP. (Yolkut, David) |
Filing 44 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Bybrook Capital Master Fund LP. (Yolkut, David) |
Filing 43 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of Bybrook Capital Master Fund LP. (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 41 MANDATE of USCA (Certified Copy) as to #24 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-3672. 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 02/19/2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Slifkin, Daniel) |
Filing 36 REPLY MEMORANDUM OF LAW in Support re: #25 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)(Slifkin, Daniel) |
Filing 35 MEMORANDUM OF LAW in Opposition re: #30 Memorandum of Law in Support, #25 Order to Show Cause, Set Deadlines,,,,,, Plaintiffs' Memorandum of Law and Joinder in Opposition to The Republic of Argentina's Motion to Vacate the Injunctions. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Jo, Suzan) |
Filing 34 DECLARATION of Michael A. Paskin in Support re: #25 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael) |
Filing 33 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 32 DECLARATION of Santiago Bausili in Support re: #25 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 31 DECLARATION of Michael A. Paskin in Support re: #25 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael) |
Filing 30 MEMORANDUM OF LAW in Support re: #25 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 29 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
Filing 28 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
Filing 27 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
Filing 26 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: #24 Notice of Appeal,. (nd) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #24 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (nd) |
Filing 24 NOTICE OF APPEAL from #23 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11613764. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 20 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 19 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION Specific Performance . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 18 MEMORANDUM OF LAW in Opposition re: #12 MOTION Specific Performance . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 17 DECLARATION of Elizabeth C. Block, dated October 13, 2015 in Opposition re: #12 MOTION Specific Performance .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Boccuzzi, Carmine) |
Filing 16 COUNTER STATEMENT TO #11 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 15 MEMORANDUM OF LAW in Opposition re: #8 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 14 DECLARATION of Elizabeth C. Block, dated October 9, 2015 in Opposition re: #8 MOTION for Partial Summary Judgment .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Boccuzzi, Carmine) |
Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION Specific Performance . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 12 MOTION Specific Performance . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Attachments: #1 Text of Proposed Order)(Costantini, Anthony) |
Filing 11 RULE 56.1 STATEMENT. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 10 MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 9 DECLARATION of Anthony J. Costantini, Esq. in Support re: #8 MOTION for Partial Summary Judgment .. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Attachments: #1 Exhibit A- Position and P&L Report)(Costantini, Anthony) |
Filing 8 MOTION for Partial Summary Judgment . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP.(Costantini, Anthony) |
Filing 7 ANSWER to #1 Complaint,,,. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
CASE ACCEPTED AS RELATED. Create association to 1:08-cv-06978-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) |
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Filing 5 NOTICE of of Voluntary Partial Dismissal without Prejudice Under FED. R. CIV. P. 41(a)(1)(A)(i). Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 3/31/2015, answer due 6/1/2015. Service was accepted by Arlene M. Flores, Assistant Vice President. Document filed by Bybrook Capital Master Fund LP; Bybrook Capital Hazelton Master Fund LP. (Costantini, Anthony) |
Filing 3 CIVIL COVER SHEET filed. (moh) (rz). |
Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 08cv6978. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP.(moh) (rz). |
Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 465401121303)Document filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP.(moh) (rz). (Additional attachment(s) added on 4/7/2015: #1 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #2 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #3 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #4 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #5 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #6 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #7 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #8 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #9 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #10 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #11 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #12 cmp) (rz). |
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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