Bison Bee LLC v. The Republic of Argentina
| Bison Bee LLC |
| The Republic of Argentina |
| 1:2018cv03446 |
| April 19, 2018 |
| 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. § 1330 |
| None |
Docket Report
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| Filing 40 NOTICE OF APPEARANCE by Dennis H. Hranitzky on behalf of Bison Bee LLC..(Hranitzky, Dennis) |
| Filing 39 MANDATE of USCA (Certified Copy) as to #38 Notice of Appeal, filed by Bison Bee LLC. USCA Case Number 18-3542-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: 10/25/2019. (nd) |
| Transmission of USCA Mandate to the District Judge re: #39 USCA Mandate,. (nd) |
| Filing 38 NOTICE OF APPEAL from #37 Judgment,, #29 Order on Motion for Conference,,, Order on Motion to Dismiss,,. Document filed by Bison Bee LLC. Filing fee $ 505.00, receipt number ANYSDC-15958537. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Willett, Peter) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #38 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #38 Notice of Appeal, filed by Bison Bee LLC were transmitted to the U.S. Court of Appeals. (nd) |
Filing 37
PARTIAL FINAL JUDGMENT: The Court having entered its Order dated October 22, 2018 ("Dismissal Order"), having considered the Plaintiff's request for entry of a final judgment pursuant to Federal Rule of Civil Procedure 54(b), and having entered its order directing entry of a final judgment on fewer than all of the claims in the case, it is hereby finally ORDERED, ADJUDGED AND DECREED that final judgment is hereby entered as follows: 1. On Count One of the Complaint, final judgment in favor of Defendant with respect to ISINUS040114AN02, and as further set forth in this judgment. (Signed by Judge Loretta A. Preska on 11/20/2018) (jwh)
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Filing 36
ORDER DIRECTING ENTRY OF FINAL JUDGMENT ON FEWER THAN ALL CLAIMS IN THE COMPLAINT: For the foregoing reasons and those stated in the Dismissal Order, the Court hereby ORDERS as follows: 1. Final Judgment shall be entered under Rule 54(b) as to Counts I-N and VII-XII of the Complaint, in the form submitted (the "Judgment"). 2. Upon the entry of the Judgment, this action shall be stayed, pending further order of the Court. The decision of the Court of Appeals will control this Court's disposition of Counts V-VI of the Complaint, and neither party will have any further right of appeal with respect to Count V or VI. (Signed by Judge Loretta A. Preska on 11/20/2018) (jwh)
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| Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 11/20/2018. (mph) |
| Case Stayed (jwh) |
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Filing 35
ORDER OF CONFERENCE granting #31 Letter Motion for Conference. It is hereby ORDERED that counsel are directed to appear in courtroom 12A, or such other courtroom as may be designated, United States Courthouse, 500 Pearl Street, New York, New York 10007 on November 20, 2018 at 9:30 a.m. for a conference in the above action. SO ORDERED. (Pre-Motion Conference set for 11/20/2018 at 09:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 11/13/2018) (jca)
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| Filing 34 LETTER addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated November 9, 2018 re: Plaintiff's letter dated November 8, 2018 #33 . Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 33 LETTER addressed to Judge Loretta A. Preska from Sabin Willett dated November 8, 2018 re: reply to Defendant Republic of Argentina's letter dated November 7, 2018. Document filed by Bison Bee LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Willett, Peter) |
| Filing 32 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi, Jr. dated November 7, 2018 re: #31 LETTER MOTION for Conference Regarding Proposed Rule 54(b) Motion addressed to Judge Loretta A. Preska from Sabin Willett dated November 2, 2018. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 31 LETTER MOTION for Conference Regarding Proposed Rule 54(b) Motion addressed to Judge Loretta A. Preska from Sabin Willett dated November 2, 2018. Document filed by Bison Bee LLC.(Willett, Peter) |
| Filing 30 JOINT LETTER addressed to Judge Loretta A. Preska from Sabin Willett dated October 31, 2018 Document filed by Bison Bee LLC.(Willett, Peter) |
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Filing 29
ORDER denying as moot #9 Letter Motion for Conference; granting #18 Motion to Dismiss: For the reasons stated above, Republic's motion to dismiss [dkt. no. 18] those breach of contract claims that have accrued more than six years before the filing of the complaint and all pari passu claims is granted. Plaintiff request for a premotion conference in connection with a proposed motion for summary judgment is denied as moot. (Pl. Ltr. Mot., dated Apr. 25, 2018 [dkt. no. 9]). Counsel shall confer and inform the Court by letter no later than October 31 how they propose to proceed. (Signed by Judge Loretta A. Preska on 10/22/2018) (jwh)
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| Filing 28 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
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Filing 27
ORDER granting #25 Letter Motion for Leave to File Excess Pages: SO ORDERED. (Signed by Judge Loretta A. Preska on 7/12/2018) (jwh)
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| Filing 26 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 25 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi dated July 11, 2018. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to File Repl: SO ORDERED. (Signed by Judge Loretta A. Preska on 7/3/2018) (jwh)
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| Set/Reset Deadlines as to #18 MOTION to Dismiss: Replies due by 7/13/2018. (jwh) |
| Filing 23 CONSENT LETTER MOTION for Extension of Time to File the Republic's reply with respect to their motion to dismiss, addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi dated June 29, 2018. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 22 DECLARATION of Christopher L. Carter in Opposition re: #18 MOTION to Dismiss .. Document filed by Bison Bee LLC. (Attachments: #1 Exhibit 1 - advertisements for bids of the FAA bonds, #2 Exhibit 2 - typical advertisements for New York State and municipal bond issuances from the late 1940s, #3 Exhibit 3 - Executive Order of the President of the Argentine Nation dated January 14, 1947, #4 Exhibit 4 - Trimester Statement of Public Debt, #5 Exhibit 5 - excerpts from the Trimester Statement of Public Debt)(Willett, Peter) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss . . Document filed by Bison Bee LLC. (Willett, Peter) |
| Filing 20 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 19 DECLARATION of Richard Freeman, dated June 25, 2018, in Support re: #18 MOTION to Dismiss .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A (ISIN No. US040114AZ32 Specimen), #2 Exhibit B (Bill Jacket for Chap. 783), #3 Exhibit C (Decree No. 659/47), #4 Exhibit D (Bond Buyer Oct. 15, 1949 excerpt), #5 Exhibit E (New York Times Oct. 15, 1949 excerpt), #6 Exhibit F (Boletin Oficial No. 29038), #7 Exhibit G (ISIN No. US040114AZ32 Prospectus Supplement), #8 Exhibit H (Law Revision Comm'n Report, 1848), #9 Exhibit I (Law No. 27, 249))(Boccuzzi, Carmine) |
| Filing 18 MOTION to Dismiss . Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Sabin Willett to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/24/2018) (ne)
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Christopher L. Carter to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/23/2018) (anc)
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| Filing 15 MOTION for Sabin Willett to Appear Pro Hac Vice for Plaintiff Bison Bee LLC. Filing fee $ 200.00, receipt number 0208-15104776. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bison Bee LLC. (Attachments: #1 Exhibit A - Declaration in Support of Motion to Admit Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing, #3 [Proposed] Order For Admission Pro Hac Vice)(Willett, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Sabin Willett to Appear Pro Hac Vice for Plaintiff Bison Bee LLC. Filing fee $ 200.00, receipt number 0208-15104776. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Christopher L. Carter to Appear Pro Hac Vice for Plaintiff Bison Bee LLC. Filing fee $ 200.00, receipt number 0208-15078635. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 14 MOTION for Christopher L. Carter to Appear Pro Hac Vice for Plaintiff Bison Bee LLC. Filing fee $ 200.00, receipt number 0208-15078635. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bison Bee LLC. (Attachments: #1 Exhibit A - Declaration of Christopher L. Carter in Support of Motion to Admit Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing, #3 [Proposed] Order for Admission Pro Hac Vice)(Carter, Christopher) |
| Filing 13 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of The Republic of Argentina. (Mukhi, Rahul) |
| Filing 12 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Carmine D. Boccuzzi dated April 30, 2018 re: #9 LETTER MOTION for Conference Regarding Proposed Rule 56 Motion addressed to Judge Loretta A. Preska from P. Sabin Willett dated April 25, 2018. . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 11 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. The Republic of Argentina served on 4/25/2018, answer due 6/25/2018. Service was accepted by Kirsys Luna, Analyst, Compliance Department. Document filed by Bison Bee LLC. (DeSieno, Timothy) |
| Filing 9 LETTER MOTION for Conference Regarding Proposed Rule 56 Motion addressed to Judge Loretta A. Preska from P. Sabin Willett dated April 25, 2018. Document filed by Bison Bee LLC.(Willett, Peter) |
| Filing 8 AMENDED COMPLAINT amending #1 Complaint, against The Republic of Argentina.Document filed by Bison Bee LLC. Related document: #1 Complaint,. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(DeSieno, Timothy) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to The Republic of Argentina. (jgo) |
| Filing 6 NOTICE OF APPEARANCE by Stephen Scotch-Marmo on behalf of Bison Bee LLC. (Scotch-Marmo, Stephen) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| CASE REFERRED TO Judge Loretta A. Preska as possibly related to 16-cv-7638. (jgo) |
| CASE ACCEPTED AS RELATED. Create association to 1:16-cv-07638-LAP. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (wb) |
| 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. (wb) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to The Republic of Argentina, re: #1 Complaint,. Document filed by Bison Bee LLC. (DeSieno, Timothy) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-7638. Document filed by Bison Bee LLC.(DeSieno, Timothy) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bison Bee LLC.(DeSieno, Timothy) |
| Filing 2 CIVIL COVER SHEET filed. (DeSieno, Timothy) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 400.00, Receipt Number 0208-14963859)Document filed by Bison Bee LLC. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(DeSieno, Timothy) |
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