Bainbridge Fund LTD. v. The Republic of Argentina
| Bainbridge Fund LTD. |
| The Republic of Argentina |
| 1:2016cv08665 |
| November 8, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #41 Notice of Appeal,..(nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #41 Notice of Appeal, filed by Bainbridge Fund LTD. were transmitted to the U.S. Court of Appeals..(nd) |
| Filing 41 NOTICE OF APPEAL from #40 Judgment,,,,,,, #39 Memorandum & Opinion,,,. Document filed by Bainbridge Fund LTD.. Filing fee $ 505.00, receipt number ANYSDC-23290345. 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 40
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.
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Filing 39
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.
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| Case Stay Lifted. (va) |
| Filing 38 PROPOSED JUDGMENT. Document filed by Bainbridge Fund LTD...(Costantini, Anthony) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 37 PROPOSED ORDER. Document filed by Bainbridge Fund LTD.. Related Document Number: #27 ..(Costantini, Anthony) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 36 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. #37 Proposed Order was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #38 Proposed Judgment was reviewed and approved as to form. (dt) |
| Filing 35 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina..(Mukhi, Rahul) |
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Filing 34
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)
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| Filing 33 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) |
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Filing 32
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)
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| Filing 31 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 30 DECLARATION of Igor Cornelsen in Support re: #27 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 29 RULE 56.1 STATEMENT. Document filed by Bainbridge Fund LTD...(Costantini, Anthony) |
| Filing 28 MEMORANDUM OF LAW in Support re: #27 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 27 MOTION for Partial Summary Judgment . Document filed by Bainbridge Fund LTD...(Costantini, Anthony) |
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Filing 26
ORDER granting #25 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 25 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 24 NOTICE OF APPEARANCE by David Thomas McTaggart on behalf of Bainbridge Fund LTD...(McTaggart, David) |
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Filing 23
ORDER granting #18 Letter Motion for Conference: Defendant's motion to continue the stay is granted. (Signed by Judge Loretta A. Preska on 3/20/2019) (jwh)
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| Filing 22 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Anthony Costantini dated January 10, 2019 re: #18 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 21 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated January 8, 2019 re: #18 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 20 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Anthony J. Costantini, Esq. dated January 7, 2019 re: #18 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. #19 Proposed Order was reviewed and approved as to form. (km) |
| Filing 19 PROPOSED ORDER. Document filed by The Republic of Argentina. Related Document Number: #18 . (Boccuzzi, Carmine) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 18 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) |
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Filing 17
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)
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| Set/Reset Deadlines: The Republic of Argentina answer due 1/7/2019. (jwh) |
| Set/Reset Deadlines: Motions due by 1/7/2019. (jwh) |
| Filing 16 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of The Republic of Argentina. (Boccuzzi, Carmine) |
| Set/Reset Deadlines: Motions due by 9/6/2018. (jwh) |
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Filing 15
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).
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| Set/Reset Deadlines: The Republic of Argentina answer due 9/6/2018. (jwh) |
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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 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)
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Filing 13
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).
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Filing 12
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)
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| 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) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time: Application granted. (Signed by Judge Thomas P. Griesa on 5/8/2017) (jwh)
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| Filing 10 LETTER MOTION for Extension of Time to serve the Amended Complaint on the Defendant Republic of Argentina addressed to Judge Thomas P. Griesa from Anthony J. Costantini, Esq. dated May 5, 2017. Document filed by Bainbridge Fund LTD..(Costantini, Anthony) |
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Filing 9
ORDER. Plaintiff Bainbridge Fund Ltd. has made reasonably diligent efforts to serve the Republic of Argentina in accordance with the Hague Convention. Federal Rule of Civil Procedure 4(m) sets forth the general rule governing the timing of service, but it "does not apply to service in a foreign country," Fed. R. Civ. P. 4(m), upon "a foreign state or its political subdivision, agency, or instrumentality," Fed. R. Civ. P. 40). "Nevertheless, [b]ecause district courts need to be able to control their dockets,... the amount of time allowed for foreign service is not unlimited." Jian Zhang v. Baidu.com Inc., 293 F.R.D. 508, 516 (S.D.N.Y. 20 13) (alteration in original) (citations omitted). As such, Plaintiff is afforded an extension of time to perfect service within 90 days of this Order. So ordered. Granting #8 Motion to Serve. (Signed by Judge Thomas P. Griesa on 2/8/2017) (rjm)
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| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Serve requesting an extension of time to serve the Amended Complaint. Document filed by Bainbridge Fund LTD. (Costantini, Anthony) Modified on 2/27/2017 (db). |
| Filing 7 AMENDED COMPLAINT amending #1 Complaint,,, against The Republic of Argentina.Document filed by Bainbridge Fund LTD.. Related document: #1 Complaint,,, filed by Bainbridge Fund LTD.. (Attachments: #1 Exhibit Exh. A- Custody Statement- Euro, #2 Exhibit Exh. B- Law 26017, #3 Exhibit Exh. C- Law 26547, #4 Exhibit Exh. D- 12-07-11 Order granting summary judgment, #5 Exhibit Exh. E- 02-23-12 Order, #6 Exhibit Exh. F- 11-21-12 Amended 02-23-12 Order, #7 Exhibit Exh. G- 09-29-14 Order, #8 Exhibit Exh. H -10-03-14 Order, #9 Exhibit Exh. I -New Lock Law, #10 Exhibit Exh. J -Trimester Report, #11 Exhibit Exh. K - 18K)(Costantini, Anthony) |
| CASE ACCEPTED AS RELATED. Create association to 1:08-cv-06978-TPG. Notice of Assignment to follow., CASE ACCEPTED AS SIMILAR. Create association to 1:08-cv-06978-TPG. Notice of Assignment to follow. (ad) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony J. Costantini. The party information for the following party/parties has been modified: Plaintiff The Republic of Argentina, Defendant Bainbridge Fund LTD.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (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) |
| Case Designated ECF. (dgo) |
| 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 J. 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 0208-12963248)Document filed by Bainbridge Fund LTD.. (Attachments: #1 Exhibit Exhibit A Bainbridge 2, #2 Exhibit Exhibit B Bainbridge 2, #3 Exhibit Exhibit C Bainbridge 2, #4 Exhibit Exhibit D Bainbridge 2, #5 Exhibit Exh. E - Law 26017, #6 Exhibit Exh. F - Law 26547, #7 Exhibit Exh. G - 12-07-11 Order granting Summary Judgment, #8 Exhibit Exh. H - 02-23-12 Order, #9 Exhibit Exh. I - 11-21-12 Amended 02-23-12 Order, #10 Exhibit Exh. J - 09-29-14 Order, #11 Exhibit Exh. K - 10-03-14 Order, #12 Exhibit Exh. L - 06-05-15 Opinion and Order, #13 Exhibit Exh. M - 10-22-15 Opinion and Order, #14 Exhibit Exh. N - New Lock Law, #15 Exhibit Exh. O - Trimester Report, #16 Exhibit Exh. P - 18-K)(Costantini, Anthony) |
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| Defendant: The Republic of Argentina | |
| Represented By: | Rahul Mukhi |
| Represented By: | Carmine D. Boccuzzi, Jr |
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| Plaintiff: Bainbridge Fund LTD. | |
| Represented By: | Anthony J. Costantini |
| Represented By: | David Thomas McTaggart |
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