Bainbridge Fund LTD. v. The Republic of Argentina
Plaintiff: Bainbridge Fund LTD.
Defendant: The Republic of Argentina
Case Number: 1:2016cv08665
Filed: November 8, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28:1330
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2020 Filing 35 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina..(Mukhi, Rahul)
June 10, 2020 Opinion or Order 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)
June 9, 2020 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)
June 2, 2020 Opinion or Order 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)
June 1, 2020 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)
May 19, 2020 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)
May 19, 2020 Filing 29 RULE 56.1 STATEMENT. Document filed by Bainbridge Fund LTD...(Costantini, Anthony)
May 19, 2020 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)
May 19, 2020 Filing 27 MOTION for Partial Summary Judgment . Document filed by Bainbridge Fund LTD...(Costantini, Anthony)
April 30, 2020 Opinion or Order 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)
April 29, 2020 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)
March 13, 2020 Filing 24 NOTICE OF APPEARANCE by David Thomas McTaggart on behalf of Bainbridge Fund LTD...(McTaggart, David)
March 20, 2019 Opinion or Order 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)
January 10, 2019 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)
January 8, 2019 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)
January 7, 2019 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)
January 3, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (km)
January 2, 2019 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.
January 2, 2019 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)
July 31, 2018 Set/Reset Deadlines: The Republic of Argentina answer due 1/7/2019. (jwh)
July 31, 2018 Set/Reset Deadlines: Motions due by 1/7/2019. (jwh)
July 31, 2018 Opinion or Order 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)
April 3, 2018 Filing 16 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of The Republic of Argentina. (Boccuzzi, Carmine)
April 2, 2018 Set/Reset Deadlines: Motions due by 9/6/2018. (jwh)
April 2, 2018 Set/Reset Deadlines: The Republic of Argentina answer due 9/6/2018. (jwh)
April 2, 2018 Opinion or Order 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).
January 20, 2018 Opinion or Order 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)
October 3, 2017 Opinion or Order 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).
July 5, 2017 Set/Reset Deadlines: The Republic of Argentina answer due 11/1/2017. (mro)
July 5, 2017 Case Stayed (mro)
July 5, 2017 Opinion or Order 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)
June 9, 2017 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (bcu)
May 8, 2017 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time: Application granted. (Signed by Judge Thomas P. Griesa on 5/8/2017) (jwh)
May 5, 2017 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)
February 8, 2017 Opinion or Order 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)
February 6, 2017 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).
November 28, 2016 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)
November 15, 2016 NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (ad)
November 15, 2016 Magistrate Judge Gabriel W. Gorenstein is so designated. (ad)
November 15, 2016 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)
November 9, 2016 Filing 6 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (dgo)
November 9, 2016 CASE REFERRED TO Judge Thomas P. Griesa as possibly similar to 08cv6978. (dgo)
November 9, 2016 Case Designated ECF. (dgo)
November 9, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo)
November 9, 2016 ***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)
November 8, 2016 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bainbridge Fund LTD..(Costantini, Anthony)
November 8, 2016 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint,,,. Document filed by Bainbridge Fund LTD.. (Costantini, Anthony)
November 8, 2016 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)
November 8, 2016 Filing 2 CIVIL COVER SHEET filed. (Costantini, Anthony)
November 8, 2016 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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