Trinity Investments Limited v. The Republic of Argentina
| Trinity Investments Limited |
| The Republic of Argentina |
| The Bank of New York Mellon |
| 1:2015cv02611 |
| April 3, 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. § 1330 |
| None |
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Filing 89
STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 2/2/2021) (va)
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| Filing 88 PROPOSED STIPULATION AND ORDER. Document filed by Trinity Investments Limited..(O'Gorman, Debra) |
| Filing 87 NOTICE OF APPEARANCE by Debra Dubritz O'Gorman on behalf of Trinity Investments Limited..(O'Gorman, Debra) |
| Filing 86 NOTICE OF APPEARANCE by Dennis H. Hranitzky on behalf of Trinity Investments Limited..(Hranitzky, Dennis) |
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Filing 85
JUDGMENT: NOW, it is hereby, ORDERED, ADJUDGED, AND DECREED that plaintiff shall recover from Defendant the Republic of Argentina (the "Republic") as follows, With respect to plaintiff Trinity Investments Designated Activity Company ("Trinity")'s bond in the principal amount of $8,000,000 (11.375% Global Bond due January 30, 2017, ISIN US040114AR16), Trinity shall recover from the Republic $23,528,131.96. With respect to plaintiff Trinity's bond in the principal amount of $20,000 (11.750% Global Bond due April 7, 2009, ISIN US040114BE93), Trinity shall recover from the Republic $61,587.13. With respect to plaintiff Trinity's bond in the principal amount of $155,000 (11.375% Global Bond due March 15, 2010, ISIN US040114FC91), Trinity shall recover from the Republic $451,422.26. It is further ORDERED that, until further notice from the Court, plaintiff must refrain from selling or otherwise transferring its beneficial interests in the bonds involved in this action without advising the Court in advance and obtaining permission of the Court. (And as further set forth herein.) (Signed by Judge Loretta A. Preska on 7/7/2020) (jca)
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Filing 84
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT granting #70 Motion for Summary Judgment. It is HEREBY ORDERED that:1. Plaintiff's Motion for Partial Summary Judgment is GRANTED. 2. On Counts I, II, and III of the Complaint, the Clerk of the Court is directed to enter JUDGMENT for Plaintiff, Trinity Investments Designated Activity Company, against Defendant Republic of Argentina in the form annexed hereto. The following tables contain the necessary identifying information regarding Plaintiff's beneficial interests in these bonds as further set forth in this Order. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 7/7/20) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing 83
ORDER: The Court has reviewed the parties' joint letter dated July 2, 2020 [dkt. no. 82 in 14 Civ. 5489]. The Court finds that Plaintiff's proposed language allowing the assignment of pari passu rights without leave of the Court would (1) exacerbate the risk of double recovery on the bonds at issue and (2) run counter to the plain terms of Judge Griesa's Procedures Memorandum and to the historical practice of the Court in these cases. The Court will accordingly enter judgment without Plaintiff's proposed language. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/7/2020) (jca) Modified on 7/9/2020 (jca).
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| Transmission to Finance Unit (Cashiers). Transmitted re: #85 Judgment to the Finance Unit (Cashiers) for case processing..(jca) |
| Filing 82 PROPOSED JUDGMENT. Document filed by Trinity Investments Limited..(Willett, Peter) |
| Filing 81 PROPOSED ORDER. Document filed by Trinity Investments Limited. Related Document Number: #79 ..(Willett, Peter) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 80 LETTER addressed to Judge Loretta A. Preska from P. Sabin Willett dated July 2, 2020 re: the parties' positions with respect to one unresolved issue related to the proposed judgments and orders. Document filed by Trinity Investments Limited..(Willett, Peter) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #81 Proposed Order was reviewed and approved as to form. (km) |
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Filing 79
ORDER re: (84 in 1:14-cv-05849-LAP) Letter filed by The Republic of Argentina, The Court is in receipt of counsel's letter dated May 26, 2020 [dkt. no. 84 in 14 Civ. 5849]. Counsel shall confer with respect to the correct calculation of interest and the exclusion of time-barred claims and propose an order resolving the summary judgment motions. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/28/2020) (va)
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| Filing 78 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina..(Mukhi, Rahul) |
| Filing 77 LETTER addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated May 26, 2020 re: Motions for Summary Judgment filed on May 5, 2020. Document filed by The Republic of Argentina..(Boccuzzi, Carmine) |
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Filing 76
MEMO ENDORSEMENT on re: (82 in 1:14-cv-05849-LAP) Letter, filed by The Republic of Argentina. ENDORSEMENT: The proposed response date of May 26, 2020, is approved. SO ORDERED. ( Responses due by 5/26/2020.) (Signed by Judge Loretta A. Preska on 5/18/2020) (va)
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| Filing 75 LETTER addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated May 15, 2020 re: Republic's response to Summary Judgement Motion. Document filed by The Republic of Argentina. (Attachments: #1 Enclosure - SJ Procedures).(Boccuzzi, Carmine) |
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Filing 74
ORDER TO ADMIT PRO HAC VICE granting #69 Motion for Amanda Ford to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/6/2020) (jwh)
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| Filing 73 RULE 56.1 STATEMENT. Document filed by Trinity Investments Limited..(Willett, Peter) |
| Filing 72 DECLARATION of Matteo Zingaretti in Support re: #70 MOTION for Summary Judgment .. Document filed by Trinity Investments Limited. (Attachments: #1 Exhibit A - Fiscal Agency Agreement, #2 Exhibit B - Record of Attestor's holdings of the FAA Bonds, #3 Exhibit C - Record of Trinity's holdings of the FAA Bonds, #4 Exhibit D - Summary Chart Showing Damage Calculations for the FAA Bonds).(Willett, Peter) |
| Filing 71 MEMORANDUM OF LAW in Support re: #70 MOTION for Summary Judgment . . Document filed by Trinity Investments Limited..(Willett, Peter) |
| Filing 70 MOTION for Summary Judgment . Document filed by Trinity Investments Limited..(Willett, Peter) |
| Filing 69 MOTION for Amanda Ford to Appear Pro Hac Vice for plaintiff. Filing fee $ 200.00, receipt number ANYSDC-19713529. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trinity Investments Limited. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Declaration in Support of Motion for Admission Pro Hac Vice, #3 Proposed Order).(Ford, Amanda) |
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Filing 68
ORDER TO ADMIT PRO HAC VICE granting #65 Motion for Christopher Carter to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/5/2020) (rj)
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Filing 67
ORDER TO ADMIT PRO HAC VICE granting #66 Motion for Sabin Willett to Appear Pro Hac Vice. The motion of Sabin Willett, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Loretta A. Preska on 5/5/20) (yv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #69 MOTION for Amanda Ford to Appear Pro Hac Vice for plaintiff. Filing fee $ 200.00, receipt number ANYSDC-19713529. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) |
| Filing 66 MOTION for Sabin Willett to Appear Pro Hac Vice for plaintiff. Filing fee $ 200.00, receipt number ANYSDC-19703475. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trinity Investments Limited. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Declaration in Support of Motion for Admission Pro Hac Vice, #3 Proposed Order).(Willett, Peter) |
| Filing 65 MOTION for Christopher Carter to Appear Pro Hac Vice for plaintiff. Filing fee $ 200.00, receipt number ANYSDC-19702948. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trinity Investments Limited. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Declaration in Support of Motion for Admission Pro Hac Vice, #3 Proposed Order).(Carter, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Sabin Willett to Appear Pro Hac Vice for plaintiff. Filing fee $ 200.00, receipt number ANYSDC-19703475. Motion and supporting papers to be reviewed by Clerk's Office staff., #65 MOTION for Christopher Carter to Appear Pro Hac Vice for plaintiff. Filing fee $ 200.00, receipt number ANYSDC-19702948. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 64 NOTICE OF APPEARANCE by David Thomas McTaggart on behalf of Trinity Investments Limited..(McTaggart, David) |
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Filing 63
ORDER granting #62 Letter Motion for Conference. Counsel may proceed with the proposed motions. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/30/2020) (va)
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| Filing 62 LETTER MOTION for Conference addressed to Judge Loretta A. Preska from Kenneth I. Schacter dated April 29, 2020. Document filed by Trinity Investments Limited..(Schacter, Kenneth) |
| Filing 61 NOTICE OF APPEARANCE by Kenneth Ian Schacter on behalf of Trinity Investments Limited..(Schacter, Kenneth) |
| 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
SECOND AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: The Order for Appointment of Special Master, June 23, 2014, as amended and supplemented by the Amended and Supplemental Order of Appointment of Special Master, November 3, 2014, is further amended and supplemented as follows: 1. From and after April 22, 2016, Elliot Capital Management and Aurelius Capital Management, who have settled their claims with the Republic of Argentina, shall have no further responsibility for the fees and expenses of the Special Master. 2. From and after April 22, 2016, those parties who avail themselves of the services of the Special Master in negotiations with the Republic of Argentina shall have responsibility for their share of the fees and expenses of the Special Master. 3. The Special Master shall have the right to invoice the clients of Morgan Lewis & Bockius and Duane Morris for his services from April 22, 2016 through June 22, 2016 (and for services thereafter as the Special Master may determine appropriate) by invoicing the law firms as the representatives of their clients. These clients shall include Attestor Master Value Fund LP; Bybrook Capital Master Fund LP; Hazelton Master Fund LP; Trinity Investments Limited; White Hawthorne, LLC; and White Hawthorne II, LLC. Unless otherwise agreed between and among these clients, each shall be responsible for an equal share of one-half of the Special Master's fees and expenses. The Republic of Argentina shall remain responsible for its one-half of the Special Master's fees and expenses. 4. This Order shall apply to the above-captioned cases, all of which remain open, as well as any other cases against the Republic of Argentina in which the parties avail themselves of the services of the Special Master. 5. In all other respects the Order of Appointment of Special Master, June 23, 2014, as amended and supplemented by Order of November 3, 2014, shall remain in full force and effect. SO ORDERED. (Signed by Judge Thomas P. Griesa on 6/20/2016) (kl)
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Filing 59
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 58 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 57
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 56 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 55 MANDATE of USCA (Certified Copy) as to #52 Notice of Interlocutory Appeal, filed by Trinity Investments Limited. 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
ORDER of USCA (Certified Copy) as to #52 Notice of Interlocutory Appeal, filed by Trinity Investments Limited. 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 53
ORDER of USCA (Certified Copy) as to #52 Notice of Interlocutory Appeal, filed by Trinity Investments Limited. USCA Case Number 16-687. Appellants move to stay enforcement of the District Court's March 2, 2016 order pending resolution of the above-captioned appeals. Appellees consent to the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/11/2016. (nd)
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| Filing 52 NOTICE OF INTERLOCUTORY APPEAL from #38 Memorandum & Opinion,,,. Document filed by Trinity Investments Limited. Filing fee $ 505.00, receipt number 0208-12031768. 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: #52 Notice of Interlocutory Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #52 Notice of Interlocutory Appeal, filed by Trinity Investments Limited were transmitted to the U.S. Court of Appeals. (tp) |
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Filing 51
OPINION AND ORDER: The court appreciates the arguments presented by all parties who spoke at yesterday's hearing. And the court does not take lightly the decision to lift the injunctions. But, ultimately, circumstances have changed so significantly as to render the injunctions inequitable and detrimental to the public interest. For the reasons outlined in the Indicative Ruling and this order, the court grants the Republic's motions to vacate the injunctions in all actions upon the occurrence of the two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 3/2/2016) (Attachments: #1 RULE 62.1 INDICATIVE RULING)(kl)
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| Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 3/1/2016 re: (888 in 1:08-cv-06978-TPG) Letter, filed by The Republic of Argentina, (887 in 1:08-cv-06978-TPG) USCA Mandate Attorney Michael B. Mukasey, representing plaintiff EM Limited. Attorney Michael Shuster, representing plaintiffs Montreux and others. Attorney Michael A. Paskin, representing defendant, the Republic of Argentina.Attorney Christopher Clark, representing certain exchange bondholders. Attorneys Robert A. Cohen and Theodore B. Olson, representing plaintiff NML Capital, Ltd. Attorney Edward A. Friedman, representing plaintiffs Aurelius and Blue Angel. Attorney Michael C. Spencer, representing the Varela and other plaintiffs.Attorneys Anthony J. Costantini, Richard L. Levine, Anu Bhargava, Jennifer R. Scullion, P. Sabin Willett, and Jessica J. Sleater, representing certain other plaintiffs. Attorney Eric A. Schaffer, representing Bank of New YorkMellon. Hearing held.in re: requesting entry of an order by the court granting the Republic of Argentinas motions to vacate the injunctions. (See also Mandate (doc. no. 887) issued on February 24, 2016, and letterrequest dated February 25, 2016 (doc. no. 888).) The court reserves decision on all motions. See transcript.(Court Reporter Vincent Bologna) (Landers, Rigoberto) |
| Filing 50 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 49 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 48 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 47 NOTICE OF APPEARANCE by Richard L. Levine on behalf of Trinity Investments Limited. (Levine, Richard) |
| Filing 46 DECLARATION of Anthony J. Costantini in Opposition re: #39 Letter, #45 Memorandum of Law in Opposition,. Document filed by Trinity Investments Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Costantini, Anthony) |
| Filing 45 MEMORANDUM OF LAW in Opposition re: #41 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 Trinity Investments Limited. (Costantini, Anthony) |
| Filing 44 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Trinity Investments Limited. (Yolkut, David) |
| Filing 43 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of Trinity Investments Limited. (Rosen, Brian) |
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Filing 42
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 41
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 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 #24 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-3632. 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: #25 Order to Show Cause, Set Deadlines,,,,,, . Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| 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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Filing 25
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 #24 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: #24 Notice of Appeal. (tp) |
| Filing 24 NOTICE OF APPEAL from #23 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11613467. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 23
Vacated as per Judge's Order dated 4/22/2016, Doc. #59.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 22
OPINION AND ORDER #105972: In an order issued on June 5, 2015, the court granted partial summary judgment to plaintiffs in thirty-six separate actions. See, e.g., Opinion and Order, NML Capital, Ltd. v. Republic of Argentina, 14-cv-8601 (TPG) (S.D.N.Y.). Plaintiffs in fifteen additional actions, like the plaintiffs just referred to, hold defaulted bonds issued by defendant, the Republic of Argentina, pursuant to a contract known as the 1994 Fiscal Agency Agreement. Plaintiffs in these fifteen actions now move for partial summary judgment, asking the court to rule that the Republic violated, and continues to violate, the pari passu clause of the agreement by issuing and paying on new debts while refusing to pay on plaintiffs' bonds. The court grants plaintiffs' motions for partial summary judgment in these fifteen actions on the same basis as stated in the June 5 order for the other actions. The Republic has raised the same arguments here as it did prior to the June 5 order, and the court rejects them again. Where necessary, plaintiffs in these fifteen actions have submitted adequate proof of ownership of their bonds, and the Republic offers no new arguments to persuade the court that a different outcome is warranted here. Plaintiffs in these fifteen actions have shown there is no genuine issue as to any material fact and are entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). It is hereby declared, adjudged, and decreed in these actions that the Republic violated, and continues to violate, Paragraph (1)(c) of the 1994 Fiscal Agency Agreement. (Signed by Judge Thomas P. Griesa on 10/22/2015) (kl) Modified on 10/23/2015 (ca). (Main Document 22 replaced on 10/26/2015) (kl).
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Filing 21
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 20 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION for Specific Performance . . Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #11 MOTION for Specific Performance . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 18 DECLARATION of Elizabeth M. Hanly, dated September 25, 2015 in Opposition re: #11 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 17 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION for Partial Summary Judgment . . Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| Filing 16 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 15 COUNTER STATEMENT TO #10 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #7 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 13 DECLARATION of Elizabeth C. Block, dated August 31, 2015 in Opposition re: #7 MOTION for Partial Summary Judgment .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Boccuzzi, Carmine) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION for Specific Performance . . Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| Filing 11 MOTION for Specific Performance . Document filed by Trinity Investments Limited. (Attachments: #1 Text of Proposed Order)(Costantini, Anthony) |
| Filing 10 RULE 56.1 STATEMENT. Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| Filing 9 DECLARATION of Anthony Costantini in Support re: #7 MOTION for Partial Summary Judgment .. Document filed by Trinity Investments Limited. (Attachments: #1 Exhibit A - Trinity Holdings of FAA Bonds)(Costantini, Anthony) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION for Partial Summary Judgment . . Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| Filing 7 MOTION for Partial Summary Judgment . Document filed by Trinity Investments Limited.(Costantini, Anthony) |
| Filing 6 ANSWER to #1 Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| 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 5 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 4/3/2015, answer due 6/2/2015. Service was accepted by Arlene M. Flores, Assistant Vice President - Compliance Dept.. Document filed by Trinity Investments Limited. (Costantini, Anthony) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trinity Investments Limited.(Costantini, Anthony) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Anthony J. Costantini for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (moh) |
| ***NOTICE TO ATTORNEY TO SUBMIT RELATED CASE STATEMENT. Notice to Attorney Anthony J. Costantini, for noncompliance with Local Civil Rule 13 of the Rules for the Division of Business Among Judges. Attorney must submit Related Case Statement for filing. Send a hard copy of the Related Case Statement form to: Clerk's Office, Finance Unit, 500 Pearl Street, Room 120, New York, NY 10007 and send a PDF of the Related Case Statement form to caseopenings@nysd.uscourts.gov. (moh) |
| ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Anthony J. Costantini, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 08-cv-6978 (TPG). Document filed by Trinity Investments Limited.(lcu) (rz). |
| Filing 2 CIVIL COVER SHEET filed. (lcu) (moh). |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 465401121771)Document filed by Trinity Investments Limited.(lcu) (rz). |
| SUMMONS ISSUED as to The Republic of Argentina. (lcu) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:08-cv-6978. (lcu) |
| Case Designated ECF. (lcu) |
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