Bugliotti et al v. The Republic of Argentina
Maria Cristina De Biasi, Roxana Ines Rojas and Euclides Bartolome Bugliotti |
The Republic of Argentina |
1:2017cv09934 |
December 20, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Loretta A Preska |
Contract: Other |
28 U.S.C. § 1330 |
None |
Docket Report
This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 47 NOTICE OF CHANGE OF ADDRESS by Michael Champlin Spencer on behalf of Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. New Address: Milberg Tadler Grossman LLP, 100 Garden City Plaza, Suite 500, Garden City, NY, USA 11530, 212 594-5300..(Spencer, Michael) |
Filing 46 DECLARATION of Alejandro Santiago Berney (Caja de Valores, S.A.) in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1 - Caja Certification, #2 Exhibit 2 - Account Statements).(Mukhi, Rahul) |
Filing 45 DECLARATION of Cristian Leopoldo Dellepiane in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit O - Ceramica San Lorenzo Decision, #2 Exhibit P - Gonzalez Decision, #3 Exhibit Q - Gay de Martin Decision, #4 Exhibit R - 2016 Bugliotti Notice to Court, #5 Exhibit S - Decree 1226/2001, #6 Exhibit T - Decree 1005/2001, #7 Exhibit U - Resol. 692/2001, #8 Exhibit V - 2012 Const. Compl. Add'l Excerpt, #9 Exhibit W - 2012 Bugliotti Payment Request).(Mukhi, Rahul) |
Filing 44 DECLARATION of Gabriel Bottini in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 26 - Caja Certification, #2 Exhibit 27 - Gordillo Article, #3 Exhibit 28 - Espacio Decision, #4 Exhibit 29 - Arg. Const., #5 Exhibit 30 - Badeni Article, #6 Exhibit 31 - Resol. 692/2001, #7 Exhibit 32 - Tucuman Decision, #8 Exhibit 33 - Centauro Decision, #9 Exhibit 34 - Huayqui Decision, #10 Exhibit 35 - De la Fare Decision, #11 Exhibit 36 - De la Fare Public Prosecutor Op., #12 Exhibit 37 - Province of Chubut Decision, #13 Exhibit 38 - Enecor Decision, #14 Exhibit 39 - Transener Decision, #15 Exhibit 40 - Cassagne Article, #16 Exhibit 41 - Decree 1226/2001, #17 Exhibit 42 - Indisponible Def., #18 Exhibit 43 - Disponsible Def., #19 Exhibit 44 - Carregal Article, #20 Exhibit 45 - Bolano Decision, #21 Exhibit 46 - Civ. and Comm. Code, #22 Exhibit 47 - Comadira Article, #23 Exhibit 48 - Cabrera Decision, #24 Exhibit 49 - Bencini Decision).(Mukhi, Rahul) |
Filing 43 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5). . Document filed by The Republic of Argentina..(Mukhi, Rahul) |
|
Set/Reset Deadlines: Responses due by 10/5/2020 (ks) |
Filing 41 CONSENT LETTER MOTION for Extension of Time to File Reply to Plaintiffs' Opposition to the Republic's Renewed Motion to Dismiss addressed to Judge Loretta A. Preska from Rahul Mukhi dated September 11, 2020. Document filed by The Republic of Argentina..(Mukhi, Rahul) |
Filing 40 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated August 24, 2020 re: Request for oral argument. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas..(Spencer, Michael) |
Filing 39 MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5). . Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas..(Spencer, Michael) |
Filing 38 DECLARATION of Mario A. Carregal and Roberto E. Silva Jr. in Opposition re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. (Attachments: #1 Exhibit I, #2 Exhibit II, #3 Exhibit III, #4 Exhibit IV, #5 Exhibit V, #6 Exhibit VI, #7 Exhibit VII, #8 Exhibit VIII, #9 Exhibit IX, #10 Exhibit X, #11 Exhibit XI, #12 Exhibit XII, #13 Exhibit XIII, #14 Exhibit XIV, #15 Exhibit XV, #16 Exhibit XVI, #17 Exhibit XVII).(Spencer, Michael) |
Filing 37 DECLARATION of Manuel Jose Garcia-Mansilla in Opposition re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. (Attachments: #1 Exhibit A, #2 Exhibit B).(Spencer, Michael) |
|
Filing 35 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated August 18,2020 re: Request for extensions to briefing schedule. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas..(Spencer, Michael) |
Filing 34 DECLARATION of Cristian Leopoldo Dellepiane in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A (Arg. Const.), #2 Exhibit B (Bugliotti Prosecutor Op.), #3 Exhibit C (Bugliotti Sup. Ct. Decision), #4 Exhibit D (2016 App. Ct. Decision), #5 Exhibit E (2018 Restitution Order), #6 Exhibit F (2019 App. Ct. Decision), #7 Exhibit G (2020 App. Ct. Decision), #8 Exhibit H (2020 Republic Sup. Ct. Appeal), #9 Exhibit I (2012 Const. Compl.), #10 Exhibit J (2012 Lower Ct. Decision), #11 Exhibit K (2012 App. Ct. Decision), #12 Exhibit L (2016 Bugliotti Motion), #13 Exhibit M (2019 Bugliotti Motion), #14 Exhibit N (2020 Republic Answer)).(Mukhi, Rahul) |
Filing 33 DECLARATION of Gabriel Bottini Concerning Argentine Law in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1 (Decree 1005/2001), #2 Exhibit 2 (Resol. 415/2001), #3 Exhibit 3 (Trust Agreement), #4 Exhibit 4 (Law 24,441), #5 Exhibit 5 (R. C. J. Decision), #6 Exhibit 6 (G, L J Decision), #7 Exhibit 7 (Civ. and Comm. Code), #8 Exhibit 8 (Hayzus Article), #9 Exhibit 9 (Echegaray Article), #10 Exhibit 10 (Ghersi & Weingarten Article), #11 Exhibit 11 (Varni Article), #12 Exhibit 12 (Profu Decision), #13 Exhibit 13 (Borda Article), #14 Exhibit 14 (Anit Decision), #15 Exhibit 15 (Economia Decision), #16 Exhibit 16 (Cleimbosky Decision), #17 Exhibit 17 (Ortiz Decision), #18 Exhibit 18 (Contrapartida Def.), #19 Exhibit 19 (Civ. and Comm. Code), #20 Exhibit 20 (Domec Decision), #21 Exhibit 21 (Bugliotti Sup. Ct. Decision), #22 Exhibit 22 (Bugliotti Prosecutor Op.), #23 Exhibit 23 (Resol. 692/2001), #24 Exhibit 24 (Villegas Article), #25 Exhibit 25 (ICSID Case No. ARB/15/1)).(Mukhi, Rahul) |
Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5). . Document filed by The Republic of Argentina..(Mukhi, Rahul) |
Filing 31 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Complaint Pursuant to Rules 12(b)(1), (2) & (5). Document filed by The Republic of Argentina..(Mukhi, Rahul) |
|
Filing 29 JOINT LETTER addressed to Judge Loretta A. Preska from Rahul Mukhi and Michael C. Spencer dated June 26, 2020 re: Court's Order dated June 17, 2020. Document filed by The Republic of Argentina..(Mukhi, Rahul) |
|
Filing 27 Costs Taxed as to #24 USCA Mandate, USCA Case Number 19-0379, in the amount of $1,776.40, on 5.28.2020 in favor of Appellants Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas, as Executor of the Estate of Hugo Miguel Lauret,and against Appellee Republic of Argentina. (tp) |
Filing 26 JOINT LETTER addressed to Judge Loretta A. Preska from Rahul Mukhi and Michael C. Spencer dated May 8, 2020 re: Court's order dated April 29, 2020. Document filed by The Republic of Argentina..(Mukhi, Rahul) |
|
Filing 24 MANDATE of USCA (Certified Copy) as to #21 Notice of Appeal filed by Euclides Bartolome Bugliotti, Roxana Ines Rojas, Maria Cristina De Biasi USCA Case Number 19-0379. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED in part, VACATED in part, and the case is REMANDED to the district court for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/28/2020. (tp) |
Filing 23 TRUE COPY OPINION of USCA as to #21 Notice of Appeal filed by Euclides Bartolome Bugliotti, Roxana Ines Rojas, Maria Cristina De Biasi USCA Case Number 19-0379. USCA Case Number 19-0379. For the reasons stated and to the extent set forth above, the judgment of the district court is AFFIRMED in part and VACATED in part, and the case is REMANDED for further proceedings not inconsistent with this Opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. (tp) |
Transmission of USCA Mandate/Order to the District Judge re: #24 USCA Mandate, #23 USCA Order. (tp) |
Filing 22 USCA OPINION (Certified) as to #21 Notice of Appeal filed by Euclides Bartolome Bugliotti, Roxana Ines Rojas, Maria Cristina De Biasi. USCA Case Number 19-0379. Plaintiffs - subscribers to the Republic of Argentina's 1994 sovereign debt offering - enrolled their bonds in a governmental tax-credit program just prior to Argentina's 2001 default on the bonds. Pursuant to that program, Plaintiffs placed their bonds into trust and received certificates representing principal and interest amounts, respectively. Plaintiffs have now redeemed each of the interest based certificates for a corresponding tax credit; meanwhile, although the bonds have all reached their respective maturity dates, Argentina has continued to withhold the principal, which Plaintiffs have sued to recover. The United States District Court for the Southern District of New York (Preska, J.) dismissed their complaint on multiple alternative grounds, including foreign sovereign immunity and failure to state a claim. Central to each of those grounds for dismissal was the district courts holding that Plaintiffs no longer owned the bonds themselves as a matter of Argentine trust law. The decisive question at this stage, however, is not whether Plaintiffs own the bonds; instead, it is whether Plaintiffs retain the specific right to sue to enforce them. Because answering that question may involve an inquiry into Argentine law that the district court did not conduct, we remand so that it may do so in the first instance. AFFIRMED in part, VACATED in part, and REMANDED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/17/2020..(nd) |
Transmission of USCA Opinion to the District Judge re: #22 USCA Opinion..(nd) |
USCA Appeal Fees received $ 505.00 receipt number 465401229290 on 2/20/2019 re: #21 Notice of Appeal filed by Euclides Bartolome Bugliotti, Roxana Ines Rojas, Maria Cristina De Biasi. (tp) |
Filing 21 NOTICE OF APPEAL from #20 Clerk's Judgment,,. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Spencer, Michael) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #21 Notice of Appeal. (tp) |
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #21 Notice of Appeal filed by Euclides Bartolome Bugliotti, Roxana Ines Rojas, Maria Cristina De Biasi were transmitted to the U.S. Court of Appeals. (tp) |
Appeal Fee Due: for #21 Notice of Appeal. Appeal fee due by 2/25/2019. (tp) |
Filing 20 CLERK'S JUDGMENT re: #19 Order on Motion to Dismiss. in favor of The Republic of Argentina against Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 15, 2018, Defendant's motion to dismiss is granted and all pending motion are denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 01/17/2019) (Attachments: #1 Notice of Right to Appeal)(dt) |
|
Filing 18 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 17 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6). . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 16 DECLARATION of Richard Freeman, dated May 16, 2018, in Support re: #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A (Declaration of Caja de Valores, S.A.), #2 Exhibit B (Declaration of Bernardo Saravia Frias), #3 Exhibit C (Declaration of Osvaldo A. Colazo))(Boccuzzi, Carmine) |
Filing 15 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina. (Mukhi, Rahul) |
Filing 14 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated April 17, 2018 re: Request for oral argument on motion to dismiss. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas.(Spencer, Michael) |
Filing 13 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6). . Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. (Spencer, Michael) |
Filing 12 DECLARATION of Horacio T. Liendo in Opposition re: #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6).. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Spencer, Michael) |
Filing 11 NOTICE OF CHANGE OF ADDRESS by Michael Champlin Spencer on behalf of Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. New Address: Milberg Tadler Phillips Grossman LLP, One Pennsylvania Plaza, 19th Floor, New York, New York, United States 10119, 212-594-5300. (Spencer, Michael) |
Filing 10 LETTER addressed to Judge Loretta A. Preska from Michael C. Spencer dated March 19, 2018 re: Counsel for parties have conferred and agree on a schedule for briefing Defendant's Motion To Dismiss. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas.(Spencer, Michael) |
Filing 9 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6). . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
Filing 8 DECLARATION of James M. Blakemre in Support re: #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6).. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Boccuzzi, Carmine) |
Filing 7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12 (b)(1), (2), (5) & (6). Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
Filing 6 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Civil Cover Sheet and Complaint served on The Republic of Argentina c/o Banco de la Nacion Argentina on January 2, 2018. Service was accepted by Kirsys Luna, Authorized Agent. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. (Spencer, Michael) |
NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (ma) |
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
CASE ACCEPTED AS RELATED. Create association to 1:07-cv-11496-LAP. Notice of Assignment to follow. (ma) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (vf) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Champlin Spencer. The party information for the following party/parties has been modified: Roxana Ines Rojas. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Champlin Spencer. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf) |
Case Designated ECF. (vf) |
CASE REFERRED TO Judge Loretta A. Preska as possibly related to 07-cv-11496. (vf) |
Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 07-cv-11496. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas.(Spencer, Michael) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint. Document filed by Euclides Bartolome Bugliotti, Maria Cristina De Biasi, Roxana Ines Rojas. (Spencer, Michael) |
Filing 2 CIVIL COVER SHEET filed. (Spencer, Michael) |
Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 400.00, Receipt Number 0208-14496749)Document filed by Euclides Bartolome Bugliotti, Roxana Ines Rojas, Maria Cristina De Biasi.(Spencer, Michael) |
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
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.