Bainbridge Fund LTD v. The Republic of Argentina
| Bainbridge Fund LTD |
| The Republic of Argentina |
| 1:2016cv08605 |
| November 4, 2016 |
| 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 |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #42 Notice of Appeal,..(nd)
|
|
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #42 Notice of Appeal, filed by Bainbridge Fund LTD were transmitted to the U.S. Court of Appeals..(nd)
|
|
Filing 42
NOTICE OF APPEAL from #40 Memorandum & Opinion,,, #41 Judgment,,,,,,,. Document filed by Bainbridge Fund LTD. Filing fee $ 505.00, receipt number ANYSDC-23290313. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A -- Judgment, #2 Exhibit B -- Opinion and Order).(Costantini, Anthony)
|
|
Filing 41
JUDGMENT: Now, it is hereby, ORDERED, ADJUDGED AND DECREED that Plaintiff shall recover from the Republic of Argentina (the "Republic") as follows: 1. With respect to the bond in the principal amount of $34,000,000 bearing ISIN US040114GG96, with a maturity date of June 19, 2018 and a coupon rate of 12.25%, Plaintiff Bainbridge Fund Ltd. shall recover from the Republic (A) $95,424,899.38, which figure is comprised of (i) $34,000,000 (representing the unpaid value of the principal on the bond); plus (ii)$41,650,000 (representing the unpaid 12.25% interest on the principal on the bond from November 4, 2010 through November 30, 2020) and (iii) $19,774,899.38 (representing interest on the unpaid interest, calculated at the statutory rate of 9% from December 19, 2010 through November 30, 2020); plus (B) all interest that has accrued since November 30, 2020 until the date of entry of this Judgment, in the per diem amount of $21,981.94, which figure is comprised of (i) $11,569.44 in per diem interest on the unpaid principal; and (ii) $10,412.50 in per diem pre-judgment interest on the unpaid interest. 2. It is further ORDERED that, until further notice from the Court, Plaintiff must refrain from selling or otherwise transferring its interest in the bonds involved in this action without advising the Court in advance and obtaining the permission of the Court. 3. It is further ORDERED that, consistent with the terms of the Court's Opinion and Order dated Dec. 1, 2020, all of Plaintiff's other claims in these cases are hereby dismissed. The Clerk of the Court shall mark both actions closed and all pending motions denied as moot. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/1/2020) (va) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing 40
OPINION AND ORDER re: (28 in 1:16-cv-08605-LAP) MOTION for Partial Summary Judgment . filed by Bainbridge Fund LTD, (27 in 1:16-cv-08665-LAP) MOTION for Partial Summary Judgment . filed by Bainbridge Fund LTD. The motion for partial summary judgment is granted. Judgment will be entered on the First Claim for Relief in Bainbridge I, for the principal amount of the FAA Bond issued by the Republic, plus interest. All of the remaining claims in Bainbridge I are dismissed. Bainbridge II is dismissed in its entirety. The Clerk of the Court shall terminate the motion reflected in dkt. no. 28 in 16-cv-8605 and dkt. no. 27 in 16-cv-8665. Settle judgment. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/1/2020) (va) Transmission to Orders and Judgments Clerk for processing.
|
|
Case Stay Lifted. (va)
|
|
Filing 39
PROPOSED JUDGMENT. Document filed by Bainbridge Fund LTD..(Costantini, Anthony) Proposed Judgment to be reviewed by Clerk's Office staff.
|
|
Filing 38
PROPOSED ORDER. Document filed by Bainbridge Fund LTD. Related Document Number: #28 ..(Costantini, Anthony) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Filing 37
CONSENT LETTER addressed to Judge Loretta A. Preska from Anthony J. Costantini dated November 30, 2020 re: Proposed Order and Judgment. Document filed by Bainbridge Fund LTD..(Costantini, Anthony)
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #38 Proposed Order was reviewed and approved as to form. (dt)
|
|
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #39 Proposed Judgment was reviewed and approved as to form. (dt)
|
|
Filing 36
NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina..(Mukhi, Rahul)
|
|
Filing 35
ORDER: The Court is in receipt of counsel's letter dated June 9, 2020 [dkt. no. 34 in 16 Civ. 8605]. Counsel shall confer and propose an order resolving the summary judgment motions. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/10/2020) (va)
|
|
Filing 34
LETTER addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated June 9, 2020 re: the Motions for Summary Judgment filed on 5/19/20 by plaintiff Bainbridge Fund Ltd.. Document filed by The Republic of Argentina..(Boccuzzi, Carmine)
|
|
Filing 33
MEMO ENDORSEMENT on re: (32 in 1:16-cv-08605-LAP) Letter filed by The Republic of Argentina. ENDORSEMENT: The proposed response date is approved. SO ORDERED. ( Responses due by 6/9/2020.) (Signed by Judge Loretta A. Preska on 6/2/2020) (va)
|
|
Filing 32
LETTER addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi dated June 1, 2020 re: Republic's response to Plaintiff's summary judgment motion. Document filed by The Republic of Argentina..(Boccuzzi, Carmine)
|
|
Filing 31
DECLARATION of Igor Cornelsen in Support re: #28 MOTION for Partial Summary Judgment .. Document filed by Bainbridge Fund LTD. (Attachments: #1 Exhibit A - FAA Bonds, #2 Exhibit B - Evidence of Ownership of Bond US040114GG96, #3 Exhibit C - Damages Calculations through May 31, 2020).(Costantini, Anthony)
|
|
Filing 30
RULE 56.1 STATEMENT. Document filed by Bainbridge Fund LTD..(Costantini, Anthony)
|
|
Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION for Partial Summary Judgment . Plaintiff Bainbridge Fund Ltd.'s Memorandum of Law in Support of Its Motion for Partial Summary Judgment. Document filed by Bainbridge Fund LTD..(Costantini, Anthony)
|
|
Filing 28
MOTION for Partial Summary Judgment . Document filed by Bainbridge Fund LTD..(Costantini, Anthony)
|
|
Filing 27
ORDER granting #26 Motion for Conference. Counsel may proceed with the proposed motions. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/30/2020) (va)
|
|
Filing 26
LETTER MOTION for Conference addressed to Judge Loretta A. Preska from Anthony J. Costantini, Esq. dated April 29, 2020. Document filed by Bainbridge Fund LTD..(Costantini, Anthony)
|
|
Filing 25
NOTICE OF APPEARANCE by David Thomas McTaggart on behalf of Bainbridge Fund LTD..(McTaggart, David)
|
|
Filing 24
ORDER granting #19 Letter Motion for Conference: Defendant's motion to continue the stay is granted. (Signed by Judge Loretta A. Preska on 3/20/2019) (jwh)
|
|
Filing 23
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Anthony Costantini dated January 10, 2019 re: #19 LETTER MOTION for Conference on the Republic's proposed Motion to Extend the Stay addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated January 2, 2019. . Document filed by Bainbridge Fund LTD. (Costantini, Anthony)
|
|
Filing 22
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated January 8, 2019 re: #19 LETTER MOTION for Conference on the Republic's proposed Motion to Extend the Stay addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated January 2, 2019. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
|
|
Filing 21
LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Anthony J. Costantini, Esq. dated January 7, 2019 re: #19 LETTER MOTION for Conference on the Republic's proposed Motion to Extend the Stay addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated January 2, 2019. . Document filed by Bainbridge Fund LTD. (Costantini, Anthony)
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #20 Proposed Order was reviewed and approved as to form. (km)
|
|
Filing 20
PROPOSED ORDER. Document filed by The Republic of Argentina. Related Document Number: #19 . (Boccuzzi, Carmine) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Filing 19
LETTER MOTION for Conference on the Republic's proposed Motion to Extend the Stay addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated January 2, 2019. Document filed by The Republic of Argentina. (Attachments: #1 Text of Proposed Order)(Boccuzzi, Carmine)
|
|
Filing 18
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: The undersigned parties agree that both Actions should be stayed until December 6, 2018, and as further set forth in this order. If the undersigned parties do not stipulate to ask the Court to extend the stay and if no stay is granted upon the request of fewer than all of the undersigned parties, the Republic will have until January 7, 2019 to answer, move to dismiss or otherwise respond to the Complaints in the Actions. (Signed by Judge Loretta A. Preska on 7/31/2018) (jwh)
|
|
Set/Reset Deadlines: The Republic of Argentina answer due 1/7/2019. (jwh)
|
|
Set/Reset Deadlines: Motions due by 1/7/2019. (jwh)
|
|
Set/Reset Deadlines: Motions due by 9/6/2018. (jwh)
|
|
Filing 17
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: 1. The undersigned parties agree that both Actions should be stayed until August 6, 2018. 2. Either of the undersigned parties may terminate the stay in either or both Actions, at which point the Republic will have 30 days from the date that the stay is terminated to respond to the Complaint, and as further set forth in this stipulation. If the undersigned parties do not stipulate to ask the Court to extend the stay and if no stay is granted upon the request of fewer than all of the undersigned parties, the Republic will have until September 6, 2018 to answer, move to dismiss or otherwise respond to the Complaints in the Actions. (Signed by Judge Loretta A. Preska on 4/2/2018) (jwh) Modified on 5/29/2018 (jwh).
|
|
Set/Reset Deadlines: The Republic of Argentina answer due 9/6/2018. (jwh)
|
|
Set/Reset Deadlines: The Republic of Argentina answer due 5/7/2018. (jwh)
|
|
Filing 16
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: 1. The undersigned parties agree that both Actions should be stayed until April 5, 2018. 2. Either of the undersigned parties may terminate the stay in either or both Actions, at which point the Republic will have 30 days from the date that the stay is terminated to respond to the Complaint, and as further set forth in this order. (Signed by Judge Loretta A. Preska on 1/3/2018) (jwh)
|
|
Filing 15
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: The undersigned parties agree that both Actions should be stayed until January 5, 2018. Either of the undersigned parties may terminate the stay in either or both Actions, at which point the Republic will have 30 days from the date that the stay is terminated to respond to the Complaint, and as further set forth in this order. (Case stayed.) (Signed by Judge Loretta A. Preska on 10/2/2017) (jwh) Modified on 11/14/2017 (jwh).
|
|
Filing 14
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: 1. The undersigned parties agree that both Actions should be stayed until October 2, 2017. 2. Either of the undersigned parties may terminate the stay in either or both Actions, at which point the Republic will have 30 days from the date that the stay is terminated to respond to the Complaint. 3. If neither of the undersigned parties has terminated the stay by September 15, 2017, the undersigned parties will meet and confer, in good faith, to determine whether a stay of either or both Actions for an additional period of time will be requested from the Court. 4. If the undersigned parties elect to ask the Court to stay either or both Actions for an additional period, the stay shall continue and the parties shall promptly file a stipulation seeking such relief within seven days after they meet and confer pursuant to Paragraph 3 above. 5. The provisions in Paragraphs 3 and 4 above are without prejudice to one or more of the undersigned parties asking the Court to stay either or both Actions for an additional period of time, even if one or more of the undersigned parties does not consent to that relief. 6. If the undersigned parties do not stipulate to ask the Court to extend the stay and if no stay is granted upon the request of fewer than all of the undersigned parties, the Republic will have until November 1, 2017 to answer, move to dismiss or otherwise respond to the Complaints in the Actions. IT IS FURTHER STIPULATED BY AND BETWEEN the undersigned counsel that nothing in this stipulation shall waive any right or defense of any party, all of which rights and defenses me expressly reserved, including any defense of the Republic based on sovereign immunity and/or a lack of jurisdiction. (Signed by Judge Loretta A. Preska on 7/5/2017) (mro)
|
|
Case Stayed (mro)
|
|
Set/Reset Deadlines: The Republic of Argentina answer due 11/1/2017. (mro)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu)
|
|
Filing 13
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: The undersigned parties agree that this Action should be stayed until June 30, 2017, and as further set forth. (Signed by Judge Thomas P. Griesa on 4/21/2017) (ras)
|
|
Filing 12
STIPULATION AND ORDER: IT IS HEREBY STIPULATED BY AND BETWEEN the undersigned counsel as follows: 1. The undersigned parties agree that this Action should be stayed until April 28, 2017. 2. Either of the undersigned parties may terminate the stay, at which point the Republic will have 30 days. from the date that the stay is terminated to respond to the Complaint. 3. If neither of the undersigned parties has terminated the stay by April 14, 2017, the undersigned parties will meet and confer, in good faith, to determine whether a stay of this Action for an additional period of time will be requested from the Court. 4. If the undersigned parties elect to.ask the Court to stay this Action for an additional period, the stay shall continue and the parties shall promptly file a stipulation seeking such relief within seven days after they meet and confer pursuant to Paragraph 3 above. 5. The provisions in Paragraphs 3 and 4 above are without prejudice to one or more of the undersigned parties individually asking the Court to stay this Action for an additional period of time, even if one or more of the undersigned parties does not consent to that relief. 6. If the undersigned parties do not stipulate to ask the Court to extend the stay and if no stay is granted upon the request of fewer than all of the undersigned parties, the Republic will have until May 30, 2017 to file its responding papers. (Signed by Judge Thomas P. Griesa on 2/17/2017) (cla)
|
|
Case Stayed (cla)
|
|
Filing 11
ORDER granting #10 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/31/2017) (jwh)
|
|
Set/Reset Deadlines: The Republic of Argentina answer due 2/15/2017. (jwh)
|
|
Filing 10
CONSENT LETTER MOTION for Extension of Time for Defendant's time to Answer, move or otherwise respond to the Complaint, addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated January 30, 2017. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
|
|
Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer.So ordered. The Republic of Argentina answer due 1/31/2017. (Signed by Judge Thomas P. Griesa on 1/6/2017) (lmb)
|
|
Filing 8
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 6, 2017. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
|
|
Filing 7
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. The Republic of Argentina served on 11/8/2016, answer due 1/7/2017. Service was accepted by Gustavo Vianna-Biehler, Assistant Secretary. Document filed by Bainbridge Fund LTD. (Costantini, Anthony)
|
|
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 6
ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (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: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (rch)
|
|
CASE REFERRED TO Judge Thomas P. Griesa as possibly similar to 08-cv-6978. (rch)
|
|
Case Designated ECF. (rch)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (rch)
|
|
Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bainbridge Fund LTD.(Costantini, Anthony)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint,,,. Document filed by Bainbridge Fund LTD. (Costantini, Anthony)
|
|
Filing 3
RELATED CASE AFFIRMATION of Anthony Costantini, Esq. re: that this action be filed as related to 08-cv-6978. Document filed by Bainbridge Fund LTD.(Costantini, Anthony)
|
|
Filing 2
CIVIL COVER SHEET filed. (Costantini, Anthony)
|
|
Filing 1
COMPLAINT against The Republic of Argentina. (Filing Fee $ 400.00, Receipt Number 0208-12956147)Document filed by Bainbridge Fund LTD. (Attachments: #1 Exhibit Exh. A- Fiscal agency agreement 10-19-94, #2 Exhibit Exh. B- 1993 Trust Deed July 27, 1993, #3 Exhibit Exh. C- 1992 FRB- Part 1, #4 Exhibit Exh. C- 1992 FRB- Part 2, #5 Exhibit Exh. C -1992 FRB- Part 3, #6 Exhibit Exh. D- Custody Statement, #7 Exhibit Exh. E - Law 26017, #8 Exhibit Exh. F - Law 26547, #9 Exhibit Exh. G - 12-07-11 Order granting Summary Judgment, #10 Exhibit Exh. H - 02-23-12 Order, #11 Exhibit Exh. I - 11-21-12 Amended 02-23-12 Order, #12 Exhibit Exh. J - 09-29-14 Order, #13 Exhibit Exh. K - 10-03-14 Order, #14 Exhibit Exh. L - 06-05-15 Opinion and Order, #15 Exhibit Exh. M - 10-22-15 Opinion and Order, #16 Exhibit Exh. N - New Lock Law, #17 Exhibit Exh. O - Trimester Report, #18 Exhibit Exh. P - 18-K)(Costantini, Anthony)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Bainbridge Fund LTD v. The Republic of Argentina | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Republic of Argentina | |
| Represented By: | Rahul Mukhi |
| Represented By: | Carmine D. Boccuzzi, Jr |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Bainbridge Fund LTD | |
| Represented By: | Anthony J. Costantini |
| Represented By: | David Thomas McTaggart |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
