White Hawthorne, LLC v. The Republic of Argentina
White Hawthorne, LLC |
The Republic of Argentina |
The Bank of New York Mellon |
1:2015cv04767 |
June 18, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Loretta A Preska |
Contract: Other |
28 U.S.C. § 1330 |
None |
Docket Report
This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 66 NOTICE OF APPEARANCE by Dennis H. Hranitzky on behalf of White Hawthorne, LLC..(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 63 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 22, 2016 re: notifying the Court that the Republic has satisfied the two conditions precedent to vacatur of the injunctions pursuant to this Court's March 2, 2016 Opinion and Order. Document filed by The Republic of Argentina. (Attachments: #1 Declaration of Santiago Bausili with Exhibits, #2 Declaration of Matthew Dukes, #3 Exhibit to Dukes Declaration)(tro) |
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Filing 61 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 19, 2016 re: requesting that the Court issue the Proposed Order attached hereto as Exhibit A. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A--Proposed Order)(Paskin, Michael) |
Filing 60 MANDATE of USCA (Certified Copy) as to #57 Notice of Interlocutory Appeal, filed by White Hawthorne, LLC. USCA Case Number 16-0628(L). Ordered, Adjudged and Decreed that the opinion and Order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/15/2016. (nd) |
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Filing 57 NOTICE OF INTERLOCUTORY APPEAL from #43 Memorandum & Opinion,,,. Document filed by White Hawthorne, LLC. Filing fee $ 505.00, receipt number 0208-12032003. 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: #57 Notice of Interlocutory Appeal,. (nd) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #57 Notice of Interlocutory Appeal, filed by White Hawthorne, LLC were transmitted to the U.S. Court of Appeals. (nd) |
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Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 3/1/2016 re: (888 in 1:08-cv-06978-TPG) Letter, filed by The Republic of Argentina, (887 in 1:08-cv-06978-TPG) USCA Mandate Attorney Michael B. Mukasey, representing plaintiff EM Limited. Attorney Michael Shuster, representing plaintiffs Montreux and others. Attorney Michael A. Paskin, representing defendant, the Republic of Argentina.Attorney Christopher Clark, representing certain exchange bondholders. Attorneys Robert A. Cohen and Theodore B. Olson, representing plaintiff NML Capital, Ltd. Attorney Edward A. Friedman, representing plaintiffs Aurelius and Blue Angel. Attorney Michael C. Spencer, representing the Varela and other plaintiffs.Attorneys Anthony J. Costantini, Richard L. Levine, Anu Bhargava, Jennifer R. Scullion, P. Sabin Willett, and Jessica J. Sleater, representing certain other plaintiffs. Attorney Eric A. Schaffer, representing Bank of New YorkMellon. Hearing held.in re: requesting entry of an order by the court granting the Republic of Argentinas motions to vacate the injunctions. (See also Mandate (doc. no. 887) issued on February 24, 2016, and letterrequest dated February 25, 2016 (doc. no. 888).) The court reserves decision on all motions. See transcript.(Court Reporter Vincent Bologna) (Landers, Rigoberto) |
Filing 55 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 54 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #30 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 53 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 52 NOTICE OF APPEARANCE by Richard L. Levine on behalf of White Hawthorne, LLC. (Levine, Richard) |
Filing 51 DECLARATION of Anthony J. Costantini in Opposition re: #44 Letter, #50 Memorandum of Law in Opposition,. Document filed by White Hawthorne, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Costantini, Anthony) |
Filing 50 MEMORANDUM OF LAW in Opposition re: #44 Letter, #45 Order, Set Hearings,,,,,, 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 White Hawthorne, LLC. (Costantini, Anthony) |
Filing 49 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of White Hawthorne, LLC. (Yolkut, David) |
Filing 48 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of White Hawthorne, LLC. (Rosen, Brian) |
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Filing 44 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 46 MANDATE of USCA (Certified Copy) as to #29 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-3647.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 43 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 42 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 41 REPLY MEMORANDUM OF LAW in Support re: #30 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 40 MEMORANDUM OF LAW in Opposition re: #35 Memorandum of Law in Support, #30 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 White Hawthorne, LLC. (Jo, Suzan) |
Filing 39 DECLARATION of Michael A. Paskin in Support re: #30 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael) |
Filing 38 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 37 DECLARATION of Santiago Bausili in Support re: #30 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 36 DECLARATION of Michael A. Paskin in Support re: #30 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael) |
Filing 35 MEMORANDUM OF LAW in Support re: #30 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
Filing 34 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
Filing 33 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
Filing 32 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
Filing 31 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel) |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #29 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: #29 Notice of Appeal. (tp) |
Filing 29 NOTICE OF APPEAL from #28 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11613546. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 25 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION Specific Performance . . Document filed by White Hawthorne, LLC. (Costantini, Anthony) |
Filing 24 MEMORANDUM OF LAW in Opposition re: #21 MOTION Specific Performance . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 23 DECLARATION of Elizabeth M. Hanly, dated September 25, 2015 in Opposition re: #21 MOTION Specific Performance .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A-O, #2 Exhibit P-R, #3 Exhibit S, #4 Exhibit T-U, #5 Exhibit V-W, #6 Exhibit X, #7 Exhibit Y-Z)(Boccuzzi, Carmine) |
Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION Specific Performance . . Document filed by White Hawthorne, LLC. (Attachments: #1 Text of Proposed Order)(Costantini, Anthony) |
Filing 21 MOTION Specific Performance . Document filed by White Hawthorne, LLC.(Costantini, Anthony) |
Filing 20 ANSWER to #1 Complaint,. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
Filing 19 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by White Hawthorne, LLC. (Costantini, Anthony) |
Filing 18 MEMORANDUM OF LAW in Opposition re: #8 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 17 COUNTER STATEMENT TO #11 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 16 DECLARATION of Elizabeth C. Block, dated July 21, 2015 in Opposition re: #8 MOTION for Partial Summary Judgment .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A and B)(Boccuzzi, Carmine) |
Filing 15 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of The Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 13 LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 2, 2015 re: requesting the Court's approval of an agreed to briefing schedule, with respect to plaintiffs' motions for partial summary judgment.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
Filing 12 NOTICE OF APPEARANCE by Kevin Paul Potere on behalf of White Hawthorne, LLC. (Potere, Kevin) |
Filing 11 RULE 56.1 STATEMENT. Document filed by White Hawthorne, LLC. (Jo, Suzan) |
Filing 10 MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by White Hawthorne, LLC. (Jo, Suzan) |
Filing 9 DECLARATION of Suzan Jo, Esq. in Support re: #8 MOTION for Partial Summary Judgment .. Document filed by White Hawthorne, LLC. (Jo, Suzan) |
Filing 8 MOTION for Partial Summary Judgment . Document filed by White Hawthorne, LLC.(Jo, Suzan) |
Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Republic of Argentina served on 6/22/2015, answer due 8/21/2015. Service was accepted by Ray Hernandez, Clerk. Document filed by White Hawthorne, LLC. (Costantini, Anthony) |
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) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (rch) |
Case Designated ECF. (rch) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (rch) |
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anthony J. Costantini. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332bc; Dollar Demand 1006000000; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1330; the Dollar Demand has been modified to none; the County code has been modified to XX Out of State. (rch) |
CASE REFERRED TO Judge Thomas P. Griesa as possibly similar to 1:08-cv-6978. (rch) |
Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by White Hawthorne, LLC.(Costantini, Anthony) |
Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 08-cv-6978 (TPG). Document filed by White Hawthorne, LLC.(Costantini, Anthony) |
Filing 3 CIVIL COVER SHEET filed. (Costantini, Anthony) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint,. Document filed by White Hawthorne, LLC. (Costantini, Anthony) |
Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 400.00, Receipt Number 0208-11052198)Document filed by White Hawthorne, LLC. (Attachments: #1 Exhibit A-Fiscal Agency agreement, #2 Exhibit B- 1993 FAA, #3 Exhibit C- Prospectus 12-09-1993, #4 Exhibit D- Statement, #5 Exhibit E- Law 26017, #6 Exhibit F-Law 26547, #7 Exhibit G- Summary Judgment Order, #8 Exhibit H- 02-23-2012 Order, #9 Exhibit I-11-21-2012 Amended Order)(Costantini, Anthony) |
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