Lucesco Inc. v. The Republic of Argentina
| Lucesco, Inc. and Lucesco Inc. |
| The Republic of Argentina |
| 1:2016cv07638 |
| September 29, 2016 |
| 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. § 1332 oc |
| None |
Docket Report
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| Filing 39 MANDATE of USCA (Certified Copy) as to #38 Notice of Appeal filed by Lucesco Inc. USCA Case Number 18-2812-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/12/2019. (nd) |
| Transmission of USCA Mandate to the District Judge re: #39 USCA Mandate,. (nd) |
| Filing 38 NOTICE OF APPEAL from #35 Order on Motion to Dismiss, #36 Clerk's Judgment,,. Document filed by Lucesco Inc.. Filing fee $ 505.00, receipt number 0208-15601545. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Skolnik, Miriam) |
| Filing 37 NOTICE OF APPEARANCE by Miriam Skolnik on behalf of Lucesco Inc.. (Skolnik, Miriam) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #38 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #38 Notice of Appeal, filed by Lucesco Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 36 CLERK'S JUDGMENT re: #35 Order on Motion to Dismiss in favor of The Republic of Argentina against Lucesco Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 10, 2018, Plaintiff's claims are time-barred, and Defendant's motion to dismiss the Amended Complaint is granted. The Amended Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/10/2018) (Attachments: #1 Right to Appeal)(km) |
Filing 35
ORDER granting #27 Motion to Dismiss: For the reasons stated above, Plaintiff's claims are time-barred, and Defendant's motion to dismiss the Amended Complaint, (ECF No. 27), is granted. The Amended Complaint (ECF No. 26) is dismissed with prejudice. The Clerk of Court is hereby directed to close the case. (Signed by Judge Loretta A. Preska on 9/10/2018) (jwh) Transmission to Orders and Judgments Clerk for processing.
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| Filing 34 NOTICE OF CHANGE OF ADDRESS by Rahul Mukhi on behalf of The Republic of Argentina. New Address: Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY, United States 10006, 2122252000. (Mukhi, Rahul) |
| Filing 33 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina. (Mukhi, Rahul) |
| Filing 32 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6), dated November 3, 2017. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 31 DECLARATION of LYDIA FERRARESE in Opposition re: #27 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6), dated November 3, 2017.. Document filed by Lucesco Inc.. (Attachments: #1 Exhibit Official Website of the Republic of Argentina's Ministry of Finance, #2 Exhibit Excerpt of Offering Circular Bond DE1340909, #3 Exhibit Excerpt of Offering Circular Bond DE1300200, #4 Exhibit Excerpt of Offering Circular Bond DE2466208, #5 Exhibit Excerpt of Offering Circular Bond DE3527966)(Ferrarese, Lydia) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6), dated November 3, 2017. . Document filed by Lucesco Inc.. (Ferrarese, Lydia) |
| Filing 29 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6), dated November 3, 2017. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 28 DECLARATION of Richard Freeman, dated November 3, 2017 in Support re: #27 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6), dated November 3, 2017.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A (German Invitation Letter), #2 Exhibit B (Quarterly Report), #3 Exhibit C Part 1 (FRB Agreement), #4 Exhibit C Part 2 (FRB Agreement), #5 Exhibit C Part 3 (FRB Agreement), #6 Exhibit C Part 4 (FRB Agreement))(Boccuzzi, Carmine) |
| Filing 27 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6), dated November 3, 2017. Document filed by The Republic of Argentina. Responses due by 12/8/2017(Boccuzzi, Carmine) |
| Filing 26 AMENDED COMPLAINT amending #1 Complaint against The Republic of Argentina.Document filed by Lucesco Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit A)(Ferrarese, Lydia) |
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Filing 25
STIPULATION AND ORDER: Defendant the Republic of Argentina (the "Republic"), by its attorneys, Cleary Gottlieb Steen & Hamilton LLP, and plaintiff Lucesco, Inc. ("Lucesco"), by their attorneys, Herzfeld & Rubin, P.C., hereby stipulate and agree as follows: 1. Reserving all rights and defenses, the Republic consents to Lucesco's filing of its Proposed Amended Complaint, which is attached as Exhibit 1 to Lucesco's Motion for Leave to File Amended Complaint dated September 26, 2017 (the "Amended Complaint"). 2. Following the filing of the Amended Complaint, the Republic shall have until November 3, 2017, to move, answer or otherwise respond to the Amended Complaint. Lucesco will have until December 8, 2017, to respond to a motion to dismiss. The Republic will have until December 22, 2017 to reply. (Motions due by 11/3/2017. Responses due by 12/8/2017. Replies due by 12/22/2017.) (Signed by Judge Loretta A. Preska on 10/31/2017) (jwh)
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| Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct . Document filed by Lucesco Inc.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2)(Ferrarese, Lydia) Modified on 11/29/2017 (ldi). |
| Filing 23 MOTION to Amend/Correct . Document filed by Lucesco Inc..(Ferrarese, Lydia) |
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Filing 22
MEMORANDUM & ORDER granting #14 Motion to Dismiss: Plaintiff brings this action for breach of contract against the Republic of Argentina (the "Republic") based on the Republic's default on its bonds. The Republic moves for dismissal under Rule 12(b) (6) for failure to state a claim. (Mot. to Dismiss, dated Apr. 4, 2017 [dkt. no. 14].) For the foregoing reasons, the Court grants the Republic's motion to dismiss (dkt. no. 14). Plaintiff may renew its motion for leave to amend within sixty (60) days of the date of this order. (Signed by Judge Loretta A. Preska on 8/8/2017) (jwh)
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu) |
| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 20 DECLARATION of Richard Freeman, dated May 18, 2017 in Support re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A (9/30/15 Quarterly Report), #2 Exhibit B (Boletn Oficial No. 28862,dated 3/23/98))(Boccuzzi, Carmine) |
| Filing 19 DECLARATION of Lydia Ferrarese in Opposition re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017.. Document filed by Lucesco Inc.. (Attachments: #1 Exhibit Noerr Export Report, #2 Exhibit Law 27.198, #3 Exhibit Kirchner Speech, #4 Exhibit Kicillof Letter, #5 Exhibit Law 26.547, #6 Exhibit Law 26.017, #7 Exhibit June 23 Letter from Counsel, #8 Exhibit Financial Statement 12.31.15, #9 Exhibit Financial Statement 9.30.16, #10 Exhibit Law Revision Commission)(Ferrarese, Lydia) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017. . Document filed by Lucesco Inc.. (Ferrarese, Lydia) |
| Filing 17 DECLARATION of Richard Freeman, dated April 4, 2017 in Support re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A - Invitation Letter, #2 Exhibit B - Law 27,249, #3 Exhibit C - Law 26,984, #4 Exhibit D - Law, 26,886, #5 Exhibit E (Pt. 1) - Form 18-K, #6 Exhibit E (Pt. 2) - Form 18-K, #7 Exhibit F - B.O. 29,038, #8 Exhibit G - US040114AZ32 Specimen, #9 Exhibit H - US040114AZ32 Prospectus Suppl., #10 Exhibit I (Pt. 1) - B.O. 28,862, #11 Exhibit I (Pt. 2) - B.O. 28,862, #12 Exhibit J - 1994 FAA, #13 Exhibit K - 1993 FAA, #14 Exhibit L - PSA - Mun. Bonds Fundamental (Excerpt), #15 Exhibit M - Mun. Bond HB - Intro, #16 Exhibit N - Mun. Bond HB - Inv. Bk'g & Underwriting, #17 Exhibit O - 1950 NYLS Gov.'s Bill Jacket, #18 Exhibit P (Pt. 1) - Bond Buyer Notice (Excerpt), #19 Exhibit P (Pt. 2) - Bond Buyer Notice (Excerpt), #20 Exhibit Q - NYT Notice (Excerpt), #21 Exhibit R - Decree No. 659-47, #22 Exhibit S - 1848 LRC First Report (Excerpt))(Boccuzzi, Carmine) |
| Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY (see #17 Declaration) - DECLARATION of Richard Freeman, dated April 4, 2017 in Support re: #14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A - Invitation Letter, #2 Exhibit B - Law 27,249, #3 Exhibit C - Law 26,984, #4 Exhibit D - Law 26,886, #5 Exhibit E (pt. 1) - Form 18-K, #6 Exhibit E (pt. 2) - Form 18-K, #7 Exhibit F - B.O. 29,038, #8 Exhibit G - US040114AZ32 Specimen, #9 Exhibit H - US040114AZ32 Prospectus Suppl, #10 Exhibit I (pt.1) - B.O. 28,862, #11 Exhibit I (pt. 2) - B.O. 28,862, #12 Exhibit J - 1994 FAA, #13 Exhibit K - !993 FAA, #14 Exhibit L - PSA - Mun. Bonds Fundamentals (Excerpt), #15 Exhibit M - Mun. Bond HB Intro, #16 Exhibit N - Mun. Bond HB - Inv. Bk'g & Underwriting, #17 Exhibit O - 1950 NYLS Gov.'s Bill Jacket, #18 Exhibit P - Bond Buyer Notice (Excerpt), #19 Exhibit Q - NYT Notice (Excerpt), #20 Exhibit R - Decree No. 659-47, #21 Exhibit S - 1848 LRC First Report (Excerpt))(Boccuzzi, Carmine) Modified on 4/6/2017 (db). |
| Filing 14 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint pursuant to Rule 12(b)(6), dated April 4, 2017. Document filed by The Republic of Argentina. Responses due by 5/4/2017(Boccuzzi, Carmine) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2017) (jwh)
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| Set/Reset Deadlines: The Republic of Argentina answer due 4/4/2017. Responses due by 5/4/2017 Replies due by 5/18/2017. (jwh) |
| Filing 12 CONSENT LETTER MOTION for Extension of Time for response to complaint and related briefing addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated March 13, 2017. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer. SO ORDERED.The Republic of Argentina answer due 3/20/2017. (Signed by Judge Thomas P. Griesa on 1/13/2017) (ama)
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| Filing 10 CONSENT LETTER MOTION for Extension of Time to File Answer , motion or other response to the Complaint, addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated January 12, 2017 addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated January 12, 2017. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 9 AFFIDAVIT OF SERVICE. The Republic of Argentina served on 11/18/2016, answer due 1/17/2017. Service was accepted by Arlene Martinez. Document filed by Lucesco Inc.. (Ferrarese, Lydia) |
| CASE ACCEPTED AS RELATED. Create association to 1:08-cv-06978-TPG. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (wb) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (dgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (dgo) |
| Case Designated ECF. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly similar to 08cv6978. (dgo) |
| Filing 6 RELATED CASE AFFIRMATION of Lydia Ferrarese re: that this action be filed as related to 08-cv-6978 (TPG). Document filed by Lucesco, Inc..(Ferrarese, Lydia) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lucesco, Inc..(Ferrarese, Lydia) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint. Document filed by Lucesco, Inc.. (Ferrarese, Lydia) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint. Document filed by Lucesco, Inc.. (Ferrarese, Lydia) |
| Filing 2 CIVIL COVER SHEET filed. (Ferrarese, Lydia) |
| Filing 1 COMPLAINT against The Republic of Argentina. Document filed by Lucesco, Inc.. (Attachments: #1 Exhibit A)(Ferrarese, Lydia) |
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