LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 7, 2014 re: notification pursuant to November 6, 2014 order in Knighthead Master Fund LP v. The Bank of New York Mellon (2014). Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 11/07/2014)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated November 6, 2014 re: response to Robert Cohen's October 8th letter, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 11/06/2014)
NOTICE OF APPEAL from 438 Order,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10273457. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 11/03/2014)
AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: To further facilitate settlement of litigation in re: Argentina Debt Litigation, the court hereby grants the Special Master, Daniel A. Pollack, previously appointed to conduct and preside over settlement negotiations in the above-captioned cases, with authority, in his sole discretion and at a time or times to be determined by him, to add to those cases some or all of such additional cases as are pending before this court in this matter. In recognition of the complexities created by adding such additional cases, the court hereby confirms that the Special Master shall have broad authority to structure the arrangements for such negotiations, as between and among the plaintiffs, as he shall determine in his sole discretion best suited to effect settlement of litigation with the defendant, the Republic of Argentina. In all other respects the Order of Appointment of June 23, 2014 is hereby reaffirmed and re-issued. Daniel A. Pollack appointed Special Master. (Signed by Judge Thomas P. Griesa on 11/3/2014) (tro) Modified on 11/3/2014 (tro). (Entered: 11/03/2014)
MANDATE of USCA (Certified Copy) as to 376 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2648. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/31/2014. (nd) (Entered: 10/31/2014)
MANDATE of USCA (Certified Copy) as to 404 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3406. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2014. (nd) (Entered: 10/27/2014)
ORDER: The hearing on the order to show cause listed as document number 669 in civil case number 08-CV -6978 is hereby adjourned until December 9, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/24/2014) (ajs) (Entered: 10/24/2014)
442
Filed: 10/24/2014, Entered: None
STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/24/2014) (ajs) (Entered: 10/24/2014)
MANDATE of USCA (Certified Copy) as to 403 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3395. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/23/2014. (tp) (Entered: 10/23/2014)
ORDER: The court directs that: (1) the parties and non-party Citibank, N.A. file supplemental briefs, if any, on the order to show cause listed as document number 669 in this case by November 21, 2014; and (2) that a hearing be held on the matter on December 2, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/22/2014) (ajs) (Entered: 10/22/2014)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated 10/17/2014 re: Requesting that the Court Establish a Schedule for a Hearing. Document filed by Citibank, N.A..(Wagner, Karen) (Entered: 10/21/2014)
AMENDED AND SUPPLEMENTAL ORDER: On September 29, 2014, pursuant to an order to show cause, the court held a hearing, at the conclusion of which it found that the Republic of Argentina was in civil contempt of court. The reasons for this finding were stated on the record. The court now reaffirms this finding, and incorporates it by reference in this order. Pursuant to Local Civil Rule 83.6(c), a finding of contempt should include a statement of conditions the performance of which will operate to purge the contempt. The court believes that it is clear what such conditions are. The Republic of Argentina will need to reverse entirely the steps which it has taken constituting the contempt, including, but not limited to, re-affirming the role of The Bank of New York Mellon as the indenture trustee and withdrawing any purported authorization of Nacion Fideicomisos, S.A. to act as the indenture trustee, and complying completely with the February 23, 2012 injunction. The current order amends and supplements the order of September 29, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/3/2014) (ajs) (Entered: 10/06/2014)
MEMO ENDORSEMENT on PROPOSED ORDER HOLDING DEFENDANT THE REPUBLIC OF ARGENTINA IN CIVIL CONTEMPT. ENDORSEMENT: Not signed. (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs) (Entered: 10/02/2014)
ORDER RE: JPMCB (US DOLLAR DENOMINATED ARGENTINE LAW BOND): As set forth within it is hereby ORDERED that: 1. JPMCB is allowed to effectuate the September 30, 2014 Interest Payment in respect of the U.S. Dollar-denominated Bonds by transferring the funds received in respect of that payment whether or not received from Citibank or a Downstream Recipient. 2. Any other person or entity in the payment chain of the September 30, 2014 Interest Payment on the U.S. Dollar-denominated Bonds, to and including the holders of beneficial interests, that receives a portion of the funds constituting the September 30, 2014 Interest Payment is permitted to transfer such funds. This permission applies only to payments due September 30, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E097 and ARARGE03G704. (See Order.) (Signed by Judge Thomas P. Griesa on 10/1/2014) (ajs)
LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 09/30/2014 re: Proposed Order. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: # (1) Text of Proposed Order)(Weiss, Andrea)
ORDER: On September 24, 2014, plaintiffs moved by order to show cause to hold the Republic of Argentina in civil contempt of court for violating the Amended February 23, 2012 order. For the reasons given at the hearing today, the court holds that Argentina is in civil contempt of court. The court will reserve decision on the issue of sanctions for further briefing. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/29/2014) (ajs)
DECLARATION of Carmine D. Boccuzzi, dated September 29, 2014 in Opposition re: [423] Order to Show Cause,,. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibits A - K, # (2) Exhibits L - O)(Boccuzzi, Carmine)
ORDER: At the request of Plaintiffs, in order to allow the parties and non-party Citibank, N.A. the time necessary to present a sufficient record and legal argument to resolve the issues presented by Citibank, N.A.'s September 23, 2014 motion by order to show cause to vacate the Court's July 28, 2014 order, or to modify the injunction contained in that Order, or for a stay of that order ("the Motion"), the Court will defer the hearing on the Motion scheduled for September 26, 2014, and enlarge the briefing schedule, to dates to be set, and will allow Citibank to process the September 30, 2014 interest payment (approximately $5 million) that it receives on the U.S. Dollar- denominated, Argentine law bonds, ISIN ARARGE03E097 and ARARGE03G704, and will further allow Citibank's downstream recipients to receive and process their respective portions of such payment. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/26/2014) (ja)
DECLARATION of Christopher B. Leach in Opposition re: [416] Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by NML Capital, Ltd.. (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)(McGill, Matthew)
LETTER addressed to Judge Thomas P. Griesa from John M. Vassos dated September 25, 2014 re: requesting clarification of Clearstream Banking S.A.'s duties under the Court's orders. Document filed by Clearstream Banking S.A..(Vassos, John)
ORDER TO SHOW CAUSE: ORDERED, that the Defendant show cause, before the Honorable Thomas P. Griesa, at the United States Courthouse located at 500 Pearl Street, New York, New York, Room 26B, on September 26, 2014 at 2:00p.m., or as soon thereafter as counsel may be heard, why an order should not be entered, And as set forth herein. Show Cause Hearing set for 9/26/2014 at 02:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 9/24/2014) (ama)
DECLARATION of Carmine D. Boccuzzi, dated September 23, 2014 in Support re: [416] Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibit A, # (2) Exhibits B-I, # (3) Exhibits J-P)(Boccuzzi, Carmine)
LETTER addressed to Judge Thomas P. Griesa from Alan H. Scheiner dated September 23, 2014 re: Request for Clarification. Document filed by JPMorgan Chase Bank, N.A..(Scheiner, Alan)
ORDER TO SHOW CAUSE REGARDING CITIBANK, N.A.'S MOTION TO VACATE THE CITIBANK INJUNCTION, TO CLARIFY OR MODIFY THE INJUNCTION, AND FOR A STAY: Plaintiffs shall show cause as to why an order should not be entered: (a) vacating this Court's order entered on July 28, 2014 (Dkt. No. [613]) and reinstating this Court's order entered on June 27, 2014 (Dkt. No. [547]) and (b) if the Citibank Injunction is not vacated prior to September 30, 2014 staying the application of the Citibank Injunction and this Court's order entered on November 21, 2012 (Dkt. No. [425]) to the payments that are due to be made on September 30, 2014 by Citibank, N.A.'s Argentine branch to customers for whom it acts as custodian in Argentina with respect to U.S. Dollar-denominated bonds - governed by Argentine law and payable in Argentina - that were issued by the Republic of Argentina. (See Order.) (Show Cause Hearing set for 9/26/2014 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa.) (Replies due by 9/26/2014.) Show Cause Response due by 9/25/2014. (Signed by Judge Thomas P. Griesa on 9/22/2014) (ajs)
MANDATE of USCA (Certified Copy) as to [385] Notice of Appeal, filed by Citibank, N.A., [384] Notice of Appeal, filed by The Republic of Argentina USCA Case Number 14-2691; 14-2693. The Republic of Argentina and Citibank, N.A. appeal from the July 28, 2014 order (the "Order") of the United States District Court for the Southern District of New York (Griesa, J.) clarifying that certain bonds issued by the Republic of Argentina are Exchange Bonds subject to the district court's Amended February 23, 2012 Order. We decline to find jurisdiction because the Order appealed from is a clarification, not a modification, of the Amended February 23, 2012 Order. See Weight Watchers Int'l, Inc. v. Luigino's, 423 F.3d 137 (2d Cir. 2005). However, nothing in this Court's order is intended to preclude Citibank from seeking further relief from the district court. It is hereby ORDERED that the above appeals are DISMISSED for lack of jurisdiction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/19/2014. (nd)
REPLY MEMORANDUM OF LAW in Support re: [410] MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. . Document filed by Citibank, N.A.. (Wagner, Karen)
MEMORANDUM OF LAW in Support re: [410] MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. and in Opposition to NML's Motion to Compel Discovery [402]. Document filed by Citibank, N.A.. (Wagner, Karen)
MOTION to Quash / Citibank, N.A.'s Notice of Cross-Motion to Quash, Modify, or for a Protective Order. Document filed by Citibank, N.A..(Wagner, Karen)
DECLARATION of Kevin S. Reed in Support re: [402] Order to Show Cause,,,,,,,. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Reed, Kevin)
MOTION for Jason J. Mendro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10053490. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit Certificates of Good Standing, # (2) Text of Proposed Order)(Mendro, Jason)
NOTICE OF APPEAL from [392] Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051748. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
NOTICE OF APPEAL from [387] Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051652. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan)
NOTICE OF APPEAL from [389] Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051595. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
ORDER TO SHOW CAUSE: LET CITIBANK, N.A. ("CITIBANK") SHOW CAUSE, before Judge Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, 10007, on the 10th day of Sept. 2014 at 2:30 pm, why an Order should not be entered: a) Ordering Citibank to comply fully with the Subpoena Duces Tecum and Ad Testificandum dated August 15, 2014, that was served by Plaintiff NML Capital, Ltd. ("NML") on Citibank, by producing documents three days before argument on Citibank's appeal will be heard and a witness for deposition by September 15, 2014. b) Granting such other and further relief as this Court may deem just, proper and necessary under the circumstances. IT IS HEREBY: ORDERED THAT e-mail service of this Order to Show Cause, and the papers upon which it is based, upon counsel for Citibank, Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York, 10017, attention Lindsey Knapp, Esq., at lindsey.knapp@davispolk.com, and upon counsel for Defendant The Republic of Argentina, Cleary, Gottlieb, Steen & Hamilton, One Liberty Plaza, New York, New York, 10006, attention Carmine Boccuzzi, Esq., at cboccuzzi@cgsh.com, shall be deemed good and sufficient service; IT IS FURTHER ORDERED THAT opposing papers, if any, are to be served on counsel for the Plaintiff, Quinn Emanuel Urquhart & Sullivan LLP, 51 Madison Avenue, 22nd Floor, New York, New York, 10010, attention Kevin S. Reed, so as to be received on the 5th day of Sept. 2014; AND IT IS FURTHER ORDERED THAT reply papers, if any, shall be served upon counsel for Citibank and Defendant, so as to be received no later than 5 p.m. on 8 day of Sept. 2014. Show Cause Hearing set for 9/10/2014 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 8/29/2014) (lmb)
ORDER: In response to plaintiffs' August 20, 2014 letter requesting an emergency hearing, the court will hold a hearing on August 21, 2014 at 3:00pm. ( Status Conference set for 8/21/2014 at 03:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 8/21/2014) (mro)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 20, 2014 Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Cohen, Robert)
ORDER: The court directs the Clerk's Office to designate all of the above-captioned actions as ECF cases. Barring issues related to confidential, privileged, or otherwise sensitive information, parties are directed to file all documents electronically and send a courtesy copy to the court. (Signed by Judge Thomas P. Griesa on 8/19/2014) (kgo)
ORDER. IT IS HEREBY: ORDERED, that the letters attached here as Exhibits A-G be added to the docket in each of the above-captioned cases; and ORDERED, that the documents attached here as Exhibits H-Q be added to the dockets in cases 08 Civ. 6978 (TPG), 09 Civ. 1707 (TPG), 09 Civ. 1708 (TPG), 10 Civ. 9587 (TPG), and 10 Civ. 5338 (TPG). (Signed by Judge Thomas P. Griesa on 8/15/2014) (Attachments: # (1) List, # (2) A-C, # (3) D-F, # (4) G) (rjm) (Additional attachment(s) added on 8/15/2014: # (5) H-I, # (6) J-L, # (7) M-O, # (8) P i, # (9) P ii, # (10) P iii-Q) (rjm).
NOTICE OF APPEAL from [392] Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003373. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Clark, Christopher)
LETTER addressed to Judge Thomas P. Griesa from Jonathan I. Blackman dated August 13, 2014 (with Exhibit A: Proposed Order and Exhibit B: Order dated November 20, 2013) re: Proposed Order adding documents to the record. Document filed by The Republic of Argentina. (Attachments: # (1) Index of Exhibits to Proposed Order, # (2) Exhibits A-C to Proposed Order, # (3) Exhibits D-F to Proposed Order, # (4) Exhibits G-I to Proposed Order, # (5) Exhibits J-L to Proposed Order, # (6) Exhibits M-O to Proposed Order, # (7) Exhibit P(part i) to Proposed Order, # (8) Exhibit P(part ii) to Proposed Order, # (9) Exhibits P(part iii)-Q to Proposed Order)(Blackman, Jonathan)
MANDATE of USCA (Certified Copy) as to [303] Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4349. The parties have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/06/2014. (nd)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 8, 2014 re: August 8, 2014 Hearing. Document filed by NML Capital, Ltd..(Cohen, Robert)
ORDER: The court will hold a hearing regarding recent statements made by the Republic of Argentina on Friday, August 8, 2014 at 3:00 p.m. (Status Conference set for 8/8/2014 at 03:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 8/7/2014) (ja)
ORDER: For the reasons stated on the record at the June 27, 2014 and July 22, 2014 hearings, the payment by Argentina to BNY described above was illegal and a violation of the Amended February 23 Orders. BNY shall retain the Funds in its accounts at the BCRA pending further Order of this Court, and shall not make or allow any transfer of the Funds unless ordered by the Court. Argentina will take no steps to interfere with BNY's retention of the Funds in accordance with the terms of this Order, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 8/6/2014) (cd)
ORDER RE: JPMCB (US DOLLAR DENOMINATED, ARGENTINE LAW BONDS): IT IS HEREBY CLARIFIED that: 1. JPMCB is allowed to effectuate the One-Time Payment in respect of the U.S. Dollar-denominated Bonds by transferring the Funds. 2. Any other person or entity in the payment chain of the One-Time Payment to and including the holders of beneficial interests that receives a portion of the funds constituting the One-Time Payment is permitted to transfer such funds. This permission applies only to payments due June 30, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E113 and ARARGE03G688. 3. Any payments in respect of the U.S. Dollar-denominated Bonds, other than any transfers as set forth in paragraphs 1 and 2 above, remain subject to the Amended February 23, 2012 Orders and the July 28th Order. (Signed by Judge Thomas P. Griesa on 8/4/2014) (ajs)
ORDER: The purpose of this ruling is to confirm that Daniel Pollack, the Special Master appointed by the court to preside over settlement negotiations, will remain in office. This confirmation is needed because of certain discussion which occurred at a hearing held by the court on Friday, August 1, 2014. (See Order). (Signed by Judge Thomas P. Griesa on 8/4/2014) (ajs)
ORDER: IT IS HEREBY CLARIFIED that: 1. The Amended February 23, 2012 Orders do not as a matter of law prohibit payments on the Peso-denominated bonds that were issued by the Republic of Argentina pursuant to the 2005 or 2010 Exchange Offers, and governed by Argentine law when issued, and which remain denominated in Pesos; 2. Euroclear and Clearstream, like Citibank, are allowed to make a one-time payment in respect of the U.S. Dollar-denominated Bonds by transferring the Funds; and 3. Any payments in respect of the U.S. Dollar-denominated Bonds, other than the transfers of Funds as set forth in paragraph 2 above, remain subject to the Amended February 23, 2012 Orders and the July 28th Order. (Signed by Judge Thomas P. Griesa on 8/01/2014) (ama)
ORDER: The court will hold a hearing regarding the recent default by the Republic of Argentina on August 1, 2014 at 11:00am. SO ORDERED. ( Status Conference set for 8/1/2014 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/31/2014) (ama)
NOTICE OF APPEAL from [383] Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942242. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen)
NOTICE OF APPEAL from [383] Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941810. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine)
ORDER denying [363] Motion for Reconsideration: the court denies plaintiffs' motion for partial reconsideration at this time. Citibank may make payment on the interest due on the Repsol bonds and on both the peso- and dollar-denominated exchange bonds described in the Citibank order. However, the court will only allow this one-time payment on the dollar-denominated exchange bonds. After July 30, 2014, the court will rescind the Citibank order with regard to the dollar-denominated exchange bonds. To avoid future confusion, the parties are directed to devise a way to distinguish between the Repsol bonds and the exchange bonds before the next interest payment is due. (Signed by Judge Thomas P. Griesa on 7/28/2014) (tn)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated July 28, 2014 re: the letters recently sent to the Court regarding Plaintiffs' request that this Court's June 27, 2014 Order be reconsidered, and the scope of its Amended February 23, 2012 Orders be expanded. Document filed by Citibank, N.A..(Wagner, Karen)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 27, 2014 re: plaintiffs' July 23, 2014 letter. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated July 24, 2014 re: Clarification of Orders. Document filed by JPMorgan Chase Bank, N.A..(Weiss, Andrea) (Entered: 07/24/2014)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated July 23, 2014 re: additional details regarding the Argentine Law Bonds that were the subject of Citibank's motion for clarification and this Court's June 27, 2014 Order, and the June 30, 2014 payment on those bonds. Document filed by Citibank, N.A..(Wagner, Karen) (Entered: 07/23/2014)
NOTICE OF APPEAL from 334 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910035. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 07/21/2014)
DECLARATION of Carmine D. Boccuzzi Concerning Resolution of Outstanding Defaulted Indebtedness and in Support of Motions for Clarification of the Euro Bondholders, Euroclear Bank SA/NV and Clearstream Banking S.A., and Citibank N.A.s Opposition to Plaintiffs Motion for Partial Reconsideration, dated July 21, 2014, Re 374 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 07/21/2014)
MEMORANDUM OF LAW of the Republic of Argentina Concerning Resolution of Outstanding Defaulted Indebtedness and in Support of Motions for Clarification of the Euro Bondholders, Euroclear Bank SA/NV and Clearstream Banking S.A., and Citibank N.A.s Opposition to Plaintiffs Motion for Partial Reconsideration, dated July 21, 2014. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 07/21/2014)
DECLARATION of Evan K. Farber in Support re: 358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit A - D)(Schaffer, Eric) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by The Bank of New York Mellon. (Schaffer, Eric) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 349 MOTION to Amend/Correct . . Document filed by Clearstream Banking S.A.. (Vassos, John) (Entered: 07/21/2014)
DECLARATION of Robert A. Cohen re: 368 Memorandum of Law . Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit A)(Cohen, Robert) (Entered: 07/18/2014)
ORDER. The court will hold a hearing on July 22, 2014 at 10:30 a.m. to consider the following motions, as docketed in No. 08 Civ. 6978: Motion for clarification filed by Euro Bondholders (Doc. No. 543). Motion for clarification filed by Euroclear Bank SA/NV (Doc. No. 553). Motion for clarification filed by Clearstream Banking S.A. (Doc. No. 564). Motion for clarification filed by Bank of New York Mellon (Doc. No. 577). Motion for partial reconsideration filed by NML Capital, Ltd., et al. (Doc. No. 585). Letter motion for clarification filed by JPMorgan Chase Bank, N.A. (not docketed). The court will consider any briefing on these motions submitted by July 21, 2014 at 2:00 p.m. (Hearing set for 7/22/2014 at 10:30 AM before Judge Thomas P. Griesa.), (Responses due by 7/21/2014. Replies due by 7/21/2014.) (Signed by Judge Thomas P. Griesa on 7/16/2014) (rjm) (Entered: 07/16/2014)
LETTER addressed to Judge Thomas P. Griesa from Matthew D. McGill dated July 15, 2014 re: Briefing Schedule on Euro Bondholders' Emergency Motion for Clarification. Document filed by NML Capital, Ltd..(McGill, Matthew) (Entered: 07/15/2014)
DECLARATION of Evan K. Farber in Support re: 358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit A through E, # 2 Exhibit F through N)(Schaffer, Eric) (Entered: 07/10/2014)
MEMORANDUM OF LAW in Support re: 358 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by The Bank of New York Mellon. (Schaffer, Eric) (Entered: 07/10/2014)
MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. Document filed by The Bank of New York Mellon.(Schaffer, Eric) (Entered: 07/10/2014)
LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 7/9/2014 re: Clarification of Orders. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A)(Weiss, Andrea) (Entered: 07/09/2014)
353
Filed: 7/9/2014, Entered: None
LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated 7/9/14 re: Expedited Briefing Schedule. Document filed by The Bank of New York Mellon.(Schaffer, Eric) (Entered: 07/09/2014)
DECLARATION of John M. Vassos in Support re: 349 MOTION to Amend/Correct .. Document filed by Clearstream Banking S.A.. (Vassos, John) (Entered: 07/07/2014)
LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated July 1, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) (Entered: 07/02/2014)
MEMORANDUM OF LAW in Support of Citibank N.A.'s Renewed Motion by Order to Show Cause for Clarification or Modification 344 . Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 07/01/2014)
ORDER CLARIFYING AMENDED FEBRUARY 23, 2012 ORDERS. UPON consideration of Citibank, N.A.'s motion for clarification or modification, plaintiffs' opposition thereto, and all other arguments submitted to the Court in the parties' papers and at oral argument, it is hereby: 1. CLARIFIED that this Court's Amended February 23, 2012 Orders do not as a matter of law prohibit payments by Citibank, N.A.'s Argentine branch on Peso - and U.S. Dollar-denominated bonds - governed by Argentine law and payable in Argentina - that were issued by the Republic of Argentina in 2005 and 2010 to customers for whom it acts as custodian in Argentina. Granting 272 Motion. (Signed by Judge Thomas P. Griesa on 6/27/2014) (rjm) Modified on 6/30/2014 (rjm). (Entered: 06/30/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 re: Argentina's Request for a Stay. Document filed by NML Capital, Ltd..(Cohen, Robert) (Entered: 06/26/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 re: Argentina taking steps to make payments on the Exchange Bonds, without making ratable payments to Plaintiffs. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit 1)(Cohen, Robert) (Entered: 06/26/2014)
ORDER. In a letter dated June 23, 2014, and in a letter dated today, counsel for the Republic requests that the court stay certain injunctive relief. Such a request is not appropriate. The injunctive relief ordered by the court (dealing with the pari passu issue) does not even come into play unless the Republic makes payments to the exchange bondholders. The court has no control over whether or not the Republic makes such payments. A Special Master has been appointed to assist settlement negotiations. It is the understanding of the court that such negotiations will include the handling of any further payments due to exchange bondholders. The stay that is requested is denied. So ordered. (Signed by Judge Thomas P. Griesa on 6/26/2014) (rjm). (Entered: 06/26/2014)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 23, 2014 re: following up on report to the Court, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 06/23/2014)
ORDER FOR APPOINTMENT OF SPECIAL MASTER: 1. The Court hereby appoints Daniel A. Pollack, 245 Park Avenue, New York City, as Special Master to conduct and preside over settlement negotiations between and among the parties to this litigation. 2. The Special Master may conduct and preside over such negotiations publicly or in camera, in whole or in part, and shall also be empowered to confer with the parties ex parte in his sole discretion. 3. The Special Master is not expected to file a report of the negotiations, but shall have the right to confer with the Court at such times and in such manner as he deems necessary and appropriate in his sole discretion. The Special Master shall not displace the Court in any respect and shall have no responsibility for or power to make any rulings of any kind in this litigation. 4. The Special Master shall have the right to use such other support persons (both lawyer and non-lawyer) to assist him in the carrying out of his responsibilities as he deems necessary and appropriate in his sole discretion. 5. The compensation of the Special Master, including fees and expenses incurred by him and others who assist him, shall be the responsibility of (a) the Republic of Argentina and (b) Elliot Capital Management and Aurelius Capital Management, and shall be borne equally between these two sides. All invoices of the Special Master shall be due and payable when rendered and the parties are instructed by the Court to pay all such invoices promptly. 6. The parties are instructed to give full co-operation to the Special Master in all respects in the negotiations and to provide the Special Master promptly with any and all information he may appropriately request and any and all logistical assistance which he may request. 7. The Court expressly finds that, in view of the limited scope of this appointment, except as expressly set forth in this Order the provisions of Rule 53 of the Federal Rules of Civil Procedure shall be of no applicability to this appointment and compliance therewith shall not be required of the Special Master. (Signed by Judge Thomas P. Griesa on 6/23/2014) (kgo) (Entered: 06/23/2014)
DECLARATION of Dennis H. Hranitzky in Support re: 335 MOTION for Disclosure / Supplementing the Amended February 23, 2012 Order and Directing Expedited Disclosure.. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hranitzky, Dennis) (Entered: 06/20/2014)
MOTION for Disclosure / Supplementing the Amended February 23, 2012 Order and Directing Expedited Disclosure. Document filed by NML Capital, Ltd..(Hranitzky, Dennis) (Entered: 06/20/2014)
ORDER. 1. In his June 17, 2014 speech, Argentina's Economy Minister Axel Kicillof proposed that Argentina initiate steps to carry out a debt exchange to pay the exchange bondholders in Argentina under Argentine law. 2. This court rules that the above proposal of the Economy Minister is in violation of the rulings and procedures now in place in the Southern District of New York, and the Republic of Argentina is prohibited from carrying out the proposal of the Economy Minister. (Signed by Judge Thomas P. Griesa on 6/20/2014) (rjm) (Entered: 06/20/2014)
ORDER of USCA (Certified Copy) USCA Case Number 12-105(L). By Opinion dated August 23, 2013, the Court affirmed the district court's orders, as amended and stayed enforcement of the amended injunctions pending the resolution by the Supreme Court of a timely petition for a writ of certiorari. The mandate issued on December 11, 2013, following denial of the petitions for panel and en banc rehearing. The Supreme Court denied the petition for writ of certiorari on June 16, 2014. IT IS HEREBY ORDERED that the August 23, 2013 stay of enforcement of the amended injunctions is lifted.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/18/2014. (nd) (Entered: 06/19/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated May 30, 2014 re: In Support of Motion for Declaratory And Supplemental Injunctive Relief. Document filed by NML Capital, Ltd..(Cohen, Robert) (Entered: 06/05/2014)
DECLARATION of Robert A. Cohen in Support re: 329 MOTION for Declaratory And Supplemental Injunctive Relief .. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 06/05/2014)
MEMORANDUM OF LAW in Support re: 329 MOTION for Declaratory And Supplemental Injunctive Relief . . Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 06/05/2014)
MOTION for Declaratory And Supplemental Injunctive Relief . Document filed by NML Capital, Ltd.. (Attachments: # 1 Text of Proposed Order)(Cohen, Robert) (Entered: 06/05/2014)
ORDER AUTHORIZING FILING CERTAIN DOCUMENTS UNDER SEAL. It is hereby ORDERED as follows: 1. Document nos. 512, 513, 514 and 515 filed in Case No. 08 Civ. 6978 (TPG) shall be removed from the ECF system and filed under seal, and may be replaced by the redacted versions of those documents agreed by the parties; 2. Document nos. 323, 324, 325 and 326 filed in Case No. 09 Civ. 1707 (TPG) shall be removed from the ECF system and filed under seal, and may be replaced by the redacted versions of those documents agreed by the parties; and 3. Document nos. 326, 327, 328 and 329 filed in Case No. 09 Civ. 1708 (TPG) shall be removed from the ECF system and filed under seal, and may be replaced by the redacted versions of those documents agreed by the parties. (Signed by Judge Thomas P. Griesa on 6/5/2014) (rjm) (Entered: 06/05/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 4, 2014 re: Motion papers filed May 30, 2014. Document filed by NML Capital, Ltd..(Cohen, Robert) (Entered: 06/04/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated May 30, 2014 re: In Support of Motion for Declaratory and Supplemental Injunctive Relief. Document filed by NML Capital, Ltd..(Cohen, Robert) (Entered: 05/30/2014)
DECLARATION of Robert A. Cohen in Support re: 323 MOTION for Declaratory and Supplemental Injunctive Relief .. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 05/30/2014)
MEMORANDUM OF LAW in Support re: 323 MOTION for Declaratory and Supplemental Injunctive Relief . . Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 05/30/2014)
MOTION for Declaratory and Supplemental Injunctive Relief . Document filed by NML Capital, Ltd.. (Attachments: # 1 Text of Proposed Order)(Cohen, Robert) (Entered: 05/30/2014)
OPINION #104382 denying 251 Motion to Compel; denying 254 Motion to Compel; denying 286 Motion to Compel; granting 308 Motion to Stay ; denying 316 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 5/30/2014 (ca). (Entered: 04/22/2014)
REPLY MEMORANDUM OF LAW in Support re: 308 MOTION to Stay. and in Opposition to NML's Cross-Motion to Compel Discovery. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) (Entered: 04/17/2014)
LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 04/17/2014 re: Non-Party Banks' Motions for Joinder. Document filed by NML Capital, Ltd..(Reed, Kevin) (Entered: 04/17/2014)
DECLARATION of Joseph Sremack in Support re: 316 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit)(Reed, Kevin) (Entered: 04/17/2014)
MEMORANDUM OF LAW in Support re: 316 MOTION to Compel Citi Entities to Comply with Subpoena.. Document filed by NML Capital, Ltd.. (Reed, Kevin) (Entered: 04/17/2014)
DECLARATION of Joseph Sremack in Opposition re: 308 MOTION to Stay.. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit)(Reed, Kevin) (Entered: 04/17/2014)
MEMORANDUM OF LAW in Opposition re: 308 MOTION to Stay. and Cross-Motion to Compel. Document filed by NML Capital, Ltd.. (Reed, Kevin) (Entered: 04/17/2014)
DECLARATION of Rebecca J. Nelson in Support re: 308 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) (Entered: 03/20/2014)
MEMORANDUM OF LAW in Support re: 308 MOTION to Stay.. Document filed by CitiGroup Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc.. (Wagner, Karen) (Entered: 03/20/2014)
MOTION to Stay. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., CitiGroup Inc..(Wagner, Karen) (Entered: 03/20/2014)
MANDATE of USCA (Certified Copy) as to 220 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-923. It is hereby Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this court. It is further ordered that the appeal docket numbers 12-4694 and 12-4865 are dismissed. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/11/2013. (Attachments: # 1 Opinion)(nd) (Entered: 12/12/2013)
MEMO ENDORSEMENT on re: (308 in 1:09-cv-01708-TPG) Letter filed by NML Capital, Ltd., (305 in 1:09-cv-01707-TPG) Letter filed by NML Capital, Ltd. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/25/2013) (ja) (Entered: 11/26/2013)
LETTER addressed to Judge Thomas P. Griesa from Eric C. Kirsch dated November 22, 2013 re: withdrawal as counsel. Document filed by NML Capital, Ltd..(Kirsch, Eric) (Entered: 11/22/2013)
ORDER: On November 1, 2013, the Republic of Argentina filed a notice of appeal regarding an order issued by the court on October 3, 2013. Plaintiffs now ask the court to docket the following letters so that the Second Circuit will have a full record of the communications related to the October 3, 2013 order: a letter dated August 30, 2013, from Robert A. Cohen to the court; a letter dated September 11, 2013, from Robert A. Cohen to the court; a letter dated September 19, 2013, from Carmine D. Boccuzzi, Jr. to the court; a letter dated September 19, 2013, from Robert A. Cohen to the court.The court respectfully orders the clerk of the court to docket the enclosed letters. (Signed by Judge Thomas P. Griesa on 11/20/2013) (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(tn) (Entered: 11/21/2013)
NOTICE OF APPEAL from 300 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040797. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 11/01/2013)
NOTICE OF APPEAL from 298 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010352. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) (Entered: 10/24/2013)
ORDER: For this reason, the court believes that the discovery requests should be set aside. Plaintiffs' motions to compel compliance are denied, and the non-parties' motions to quash the subpoenas are granted, all on the conditions described below. Plaintiffs have a right to make new discovery requests based on current circumstances, if they feel it is appropriate to do so. Cleary and the Euro Bondholders have a right to respond in the manner they deem appropriate. This order resolves the motions located at Doc. Nos. 42, 45, 48, and 51 (in case 10cv 9587). SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/27/2013) (ama) (Entered: 10/22/2013)
ORDER: IT IS HEREBY: (1.)DECLARED that the Anti-Evasion Injunction of the March 5 Order has been and remains continuously in full force and effect. (2.) ORDERED that the Republic shall not-either directly or through any representative, agent, instrumentality, political subdivision, or other person or entity acting on behalf of the Republic-take any action to attempt to evade the purposes and directives of the Amended February 23 Orders, attempt to render those Orders ineffective, or attempt to diminish the Court's ability to supervise compliance with the Amended February 23 Orders, including without limitation, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without prior approval of the Court. This paragraph shall remain in effect during the pendency of any petition to the United States Supreme Court for a writ of certiorari with respect to the October 26 Opinion or the August 23 Opinion, any proceeding on the merits in the United States Supreme Court, and any proceedings on remand,unless a further order of the Court states otherwise. And as set forth herein. This Court shall retain jurisdiction to monitor and enforce this ORDER, and, on notice to the parties, to modify, amend, or extend it as justice requires to achieve its equitable purposes and to account for materially changed circumstances, including any failure by the Republic to abide by the terms of the ORDER. (Signed by Judge Thomas P. Griesa on 10/03/2013) (ama) (Entered: 10/03/2013)
OPINION: The significant point is that counsel for the Republic does not deny the factual allegations in plaintiffs' September 11, 2013 letter. In fact, there is a new problem that goes beyond the circumstances known as of the time of the March 5, 2012 order. Plaintiffs are surely within their rights to seek a remedy for this new problem. They do so in appropriate provisions in the proposed order. The court will sign the proposed order. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/03/2013) (ama) (Entered: 10/03/2013)
ORDER: IT IS HEREBY ORDERED THAT: The NML Motion to Compel is granted, and the Republic's NML Motion is denied, except that the Republic need not provide information regarding BNA in response to the alter ego sections of the NML Requests (i.e., section B. of the Interrogatories and section B. of the Document Requests). The Aurelius Motion to Compel is granted, and the Barclays Motion, the Citibank Motion, the Deutsche Bank Motion, and the Bank of America Motion are denied. The Republic's Scheck Motion is denied, and the Scheck's application to withdraw their application to extend the restraining notice contained in the Schecks' Restraining Notice and Information Subpoena is granted. The Republic shall produce all information responsive to the NML Requests (as limited by Paragraph 1 of this Order), the Aurelius Requests, and the Schecks' Restraining Notice and Information Subpoena within 30 days of the date of this Order. BNA, Bank of America, Barclays, Citibank, and Deutsche Bank (as defined in the Aurelius Subpoenas, including but not limited to each of their respective branches, affiliates and subsidiaries) shall produce all information responsive to the Aurelius Subpoenas wherever in the world it may be located within 75 days of the date of this Order. The parties shall engage in discussions regarding a reasonable search methodology that BNA, Bank of America, Barclays, Citibank, and Deutsche Bank can use to reduce the burden of locating such information. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/25/2013) (ama) (Entered: 09/26/2013)
LETTER addressed to Judge Thomas P. Griesa from James L. Kerr dated September 24, 2013 re: Rulings Made at the September 3, 2013 Hearing. Document filed by Banco De La Nacion Argentina, Citibank, N.A.. (Attachments: # 1 Exhibit A (Proposed Order), # 2 Exhibit B (Transcript of September 3, 2013 Proceeding before Judge Griesa), # 3 Exhibit C (Opinion dated September 4, 2013))(Kerr, James) (Entered: 09/24/2013)
LETTER addressed to Judge Thomas P. Griesa from James L. Kerr dated September 24, 2013 re: Rulings Made at the September 3, 2013 Hearing. Document filed by Banco De La Nacion Argentina, Citibank, N.A.. (Attachments: # 1 Exhibit A (Proposed Order), # 2 Exhibit B (Transcript of September 3, 2013 Proceeding before Judge Griesa), # 3 Exhibit C (Opinion dated September 4, 2013))(Kerr, James) (Entered: 09/24/2013)
DECLARATION of Eric C. Kirsch in Support re: 286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cohen, Robert) (Entered: 07/24/2013)
REPLY MEMORANDUM OF LAW in Support re: 286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 07/24/2013)
MEMORANDUM OF LAW in Opposition re: 286 MOTION to Compel Compliance with Discovery Requests. dated July 17, 2013. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 07/17/2013)
DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Opposition re: 286 MOTION to Compel Compliance with Discovery Requests.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits E-H)(Blackman, Jonathan) (Entered: 07/17/2013)
REPLY MEMORANDUM OF LAW in Support re: 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far dated July 17, 2013. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 07/17/2013)
DECLARATION of Carmine D. Boccuzzi, dated July 17, 2013 in Support re: 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 07/17/2013)
MANDATE of USCA (Certified Copy) as to 206 Notice of Appeal filed by The Republic of Argentina USCA Case Number 12-109. By Opinion dated October 26, 2012, in the above-captioned matter, this Court directed the Clerk's Office to dismiss the following appeals: 12-105, 12-109, 12-111, 12-157, 12-158, 12-163, 12-164, 12-170, 12-176, 12-185, 12-189, and 12-214. IT IS HEREBY ORDERED that 12-105, 12-109, 12-111, 12-157, 12-158, 12-163, 12-164, 12-170, 12-176, 12-185, 12-189, and 12-214 are dismissed nunc pro tunc to October 26, 2012. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/09/2013. (Attachments: # 1 October 26, 2012 Opinion)(nd) (Entered: 07/10/2013)
MEMORANDUM OF LAW in Support re: 286 MOTION to Compel Compliance with Discovery Requests.. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 06/27/2013)
MEMORANDUM OF LAW in Opposition re: 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by NML Capital, Ltd.. (Reed, Kevin) (Entered: 06/27/2013)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Kevin S. Reed dated 6/18/2013 re: In my letter to the Court of June 11,2013, I inadvertently misstated the briefing schedule the parties have agreed on for that motion. The parties have agreed that NML shall file its opposition to the motion on or before June 26, 2013 (rather than June 18) and that the Republic of Argentina shall file any reply papers on or before July l7, 2013. The parties respectfully request that argument on the motion occur at the previously set August 5, 2013 hearing in these and related matters. ENDORSEMENT: Approved., ( Responses due by 6/26/2013, Replies due by 7/17/2013.) (Signed by Judge Thomas P. Griesa on 6/18/2013) (ama) (Entered: 06/18/2013)
MEMORANDUM OF LAW in Support re: 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far [CORRECTED]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/17/2013)
DECLARATION of Carmine D. Boccuzzi in Support re: 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document filed by The Republic of Argentina. (Attachments: # 1 Ex. A - C, # 2 Ex. D - F, # 3 Ex. G - I, # 4 Ex. J - L, # 5 Ex. M - N, # 6 Ex. O, # 7 Ex. P - S, # 8 Ex. T - V, # 9 Ex. W1, # 10 Ex. W2)(Boccuzzi, Carmine) (Entered: 05/28/2013)
MEMORANDUM OF LAW in Support re: 278 MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far , dated May 28, 2013. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 05/28/2013)
MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Fargo & Co. and Wells Fargo Bank, N.A. , dated May 28, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 05/28/2013)
ORDER: A non-party Citibank N.A. ("Citibank") filed a motion, and summarized the substance of that motion in a letter of May 23,2013. Plaintiffs sent a letter to the court on the same day opposing the application of Citibank. Citibank replied with a further letter on that date. Citibank asserts that it needs clarification as to its obligations in the event that the Court of Appeals affirms the District Court's November 21, 2012 rulings. The District Court declines to make any further comment on matters now before the Court of Appeals. What further ruling or action is required from the District Court will obviously depend on the holding from the Court of Appeals. No more can be said at this time. (Signed by Judge Thomas P. Griesa on 5/24/2013) (js) Modified on 5/24/2013 (js). (Entered: 05/24/2013)
DECLARATION of Maximiliano D'Auro in Support re: 272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E Part 1, # 6 Exhibit E Part 2, # 7 Exhibit E Part 3, # 8 Exhibit E Part 4, # 9 Exhibit F Part 1, # 10 Exhibit F Part 2, # 11 Exhibit F Part 3, # 12 Exhibit F Part 4)(Wagner, Karen) (Entered: 05/22/2013)
DECLARATION of Manuel Beccar Varela in Support re: 272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 05/22/2013)
DECLARATION of Federico Elewaut in Support re: 272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 05/22/2013)
MEMORANDUM OF LAW in Support re: 272 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 05/22/2013)
CONSENT ORDER: ORDERED that on or before April 29, 2013, BNA must comply in full with the Subpoena by producing to NML the documents responsive to the Subpoena (subject to the modifications described above) held at each of BNA's worldwide branches. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/19/2013) (ama) (Entered: 04/19/2013)
ORDER FOR ADMISSION OF JENNINGS F. DURAND PRO HAC VICE: granting 260 Motion for Jennings F. Durand to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 2/21/2013) (js) (Entered: 02/22/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 245 Motion for Theodore B. Olson to Appear Pro Hac Vice. The motion of Theodore B. Olson, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Thomas P. Griesa on 2/21/2013) (ama) (Entered: 02/21/2013)
OPINION: Overall, upon complete consideration of all of the above factors, the court concludes that compliance with the subpoena is warranted in this case even if it is in violation of foreign countries' laws. This opinion resolves the legal questions briefed following the hearing on March 26, 2012. The court will hold an additional hearing to determine the further steps that need to be taken. (Signed by Judge Thomas P. Griesa on 2/8/2013) (mro) Modified on 2/11/2013 (mro). (Entered: 02/08/2013)
DECLARATION of Jeff G. Hammel in Support re: 261 MOTION to Quash Subpoenas, dated December 10, 2012., 254 MOTION to Compel.. Document filed by Euro Bondholders. (Attachments: # 1 Exhibit --Exhibits A-J)(Hammel, Jeff) (Entered: 01/07/2013)
MEMORANDUM OF LAW in Support re: 261 MOTION to Quash Subpoenas, dated December 10, 2012., 254 MOTION to Compel.. Document filed by Euro Bondholders. (Hammel, Jeff) (Entered: 01/07/2013)
MOTION for Jennings F. Durand to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8119184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit Certificate of good standing, # 2 Text of Proposed Order)(Durand, Jennings) (Entered: 01/07/2013)
MEMORANDUM OF LAW re: 251 MOTION to Compel., 257 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 01/02/2013)
DECLARATION of Carmine D. Boccuzzi, dated January 2, 2013 re: 251 MOTION to Compel., 257 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A-L, # 2 Exhibits M-W)(Boccuzzi, Carmine) (Entered: 01/02/2013)
MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 01/02/2013)
DECLARATION of Robert A. Cohen in Support re: 251 MOTION to Compel.. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cohen, Robert) (Entered: 12/19/2012)
ORDER CONCERNING THE MARCH 5, 2012 ORDER re: (199 in 1:09-cv-10620-TPG). For the reasons stated in the Court's two opinions dated November 21, 2012, in the NML Capital, Ltd. v. The Republic of Argentina cases, Nos. 08 Civ. 6978, 09 Civ. 1707, and 09 Civ. 1708, which are incorporated herein, it is HEREBY ORDERED that: The provision in the March 5, 2012 Order staying the carrying out of the February 23, 2012 Orders is vacated and it is directed that the February 23, 2012 Orders, as now somewhat modified, are to be carried out forthwith. This means that the February 23, 2012 Orders will be applicable to the interest payments made to exchange bondholders in December 2012. In order to avoid confusion and to give some reasonable time to arrange mechanics, the Court specifies that the precise interest payment involved will be that of December 15, 2012. Counsel for Argentina is directed to consult with counsel for plaintiffs in order to arrive at the exact amount to be paid to plaintiffs and other mechanics. Since the Court of Appeals has not finally spoken on the subject of the calculation of the payment to plaintiffs, such payment is to be made into an escrow account, so that any adjustments required by the final Court of Appeals' ruling can be made. The Court will consult with counsel about the proper party or institution to hold the escrow account. Copies of this Order, together with copies of the Amended February 23, 2012 Orders, such amendments to be dated as of this date, will be promptly provided to the parties involved in payments to exchange bondholders, who will be on notice that the December 15, 2012 interest payments due to exchange bondholders cannot be made unless Argentina certifies that it is making the appropriate payment for the benefit of plaintiffs to the escrow account, either in advance of or concurrent with any payment to exchange bondholders. (Signed by Judge Thomas P. Griesa on 11/21/2012) (djc) Modified on 11/28/2012 (djc). (Entered: 11/27/2012)
ORDER: The motion listed as document number 402 for case 08-CV -6978 -Motion to Appear as Interested Non-Parties -is denied. (Signed by Judge Thomas P. Griesa on 11/26/2012) (djc) (Entered: 11/26/2012)
AMENDED FEBRUARY 23, 2012 ORDER: It is DECLARED ADJUDGED, and DECREED that NML is irreparably harmed by and has no adequate remedy at law for the Republics ongoing violations of Paragraph 1(c) of the FAA, and that the equities and public interest strongly support issuance of equitable relief to prevent the Republic from further violating Paragraph 1(c) of the FAA, as further set forth in this Order. The Republic is permanently ORDERED to specifically perform its obligations to NML under Paragraph 1(c) of the FAA as further set forth in this Order. NML shall be entitled to discovery to confirm the timing and amounts of the Republics payments under the terms of the Exchange Bonds; the amounts the Republic owes on these and other obligations; and such other information as appropriate to confirm compliance with this ORDER. The Republic is permanently PROHIBITED from taking action to evade the directives of this ORDER, render it ineffective, or to take any steps to diminish the Courts ability to supervise compliance with the ORDER, including, but not limited to, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without obtaining prior approval by the Court. This Court shall retain jurisdiction to monitor and enforce this ORDER, and to modify and amend it as justice requires to achieve its equitable purposes and to account for changing circumstances. (Signed by Judge Thomas P. Griesa on 11/21/2012) (tro) (Entered: 11/25/2012)
OPINION: Since the Court of Appeals has essentially affirmed the February 23, 2012 Order containing the Injunctions, that Order will remain in effect, subject to the following qualifications. In paragraph 2a, there will be an appropriate reference to the definitions contained in the current opinion, which does not change the relevant wording but further defines it. The court believes that plaintiffs properly recommend specific wording listing the parties bound by the Order under Rule 65(d). Accordingly, that listing will be included. (Signed by Judge Thomas P. Griesa on 11/21/2012) (tro) (Entered: 11/25/2012)
OPINION: The 2/23/2012 Order was affirmed by the Court of Appeals on 10/26/2012, subject to a remand to the District Court for clarification on two specified questions. The District Court is this day filing an opinion responding to the questions raised by the Court of Appeals. The matter will now return to the Court of Appeals to deal with the District Court's responses to the questions posed. The Amended 2/23/2012 Order is being issued today. It will be call "Amended February 23, 2012 Order," and will be dated today, November 21, 2012. (Signed by Judge Thomas P. Griesa on 11/21/2012) (tro) (Entered: 11/25/2012)
MOTION for Theodore B. Olson to Appear Pro Hac Vice on behalf of NML Capital, Ltd. Filing fee $ 200.00, receipt number 0208-7993018. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Olson, Theodore) (Entered: 11/20/2012)
MEMORANDUM OF LAW in Opposition re: 207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 11/16/2012)
DECLARATION of Francisco Guillermo Eggers in Opposition re: 207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 11/16/2012)
DECLARATION of Carmine D. Boccuzzi in Opposition re: 207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-L, # 3 Exhibit M-P, # 4 Exhibit Q-T, # 5 Exhibit U Part 1, # 6 Exhibit U Part 2, # 7 Exhibit U Part 3, # 8 Exhibit V-W, # 9 Exhibit X-CC)(Blackman, Jonathan) (Entered: 11/16/2012)
SUPPLEMENTAL MEMORANDUM OF LAW re: 207 MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 11/13/2012)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. dated November 5, 2012 Document filed by The Republic of Argentina.(Boccuzzi, Carmine) Modified on 11/8/2012 (ka). (Entered: 11/07/2012)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for expedited orders resolving that remand and confirming that this Courts injunction is now effective. Document filed by NML Capital, Ltd. (Attachments: # 1 Exhibit A-J)(Cohen, Robert) Modified on 11/7/2012 (db). (Entered: 11/06/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. The Republic of Argentina served on 6/11/2010, answer due 7/2/2010. Service was accepted by Ms. Andriano - Legal. Document filed by NML Capital, Ltd. (ft) (Entered: 10/23/2012)
MANDATE of USCA (Certified Copy) as to 191 Notice of Appeal filed by The Republic of Argentina USCA Case Number 11-4100-con. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/17/2012. (nd) (Entered: 10/18/2012)
MANDATE of USCA (Certified Copy) as to 193 Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 11-4248-cv(L). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED as MOOT and the judgment of the United States District Court for the Southern District of New York is VACATED . The case is REMANDED to the District Court with directions to DISMISS NML's motion to confirm and the Republic's and AR-SAT's cross-motion to vacate the judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/12/2012. (nd) (Entered: 10/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment order served on HSBC Bank on 6/14/2010. Service was accepted by Ms. S. Vasquez. Document filed by NML Capital, Ltd. (cd) (Entered: 10/03/2012)
OPINION re: (448 in 1:05-cv-02434-TPG) MOTION to Vacate (433) Memorandum & Opinion, filed by NML Capital, Ltd., (196 in 1:09-cv-01707-TPG) MOTION to Vacate (179) Memorandum & Opinion, filed by NML Capital, Ltd., (329 in 1:08-cv-02541-TPG) MOTION to Vacate (316) Memorandum & Opinion, filed by NML Capital, Ltd., (447 in 1:03-cv-08845-TPG) MOTION to Vacate (434) Memorandum & Opinion,, filed by NML Capital, Ltd., (327 in 1:08-cv-03302-TPG) MOTION to Vacate (313) Memorandum & Opinion, filed by NML Capital, Ltd., (305 in 1:07-cv-06563-TPG) MOTION to Vacate (292) Memorandum & Opinion, filed by NML Capital, Ltd., (346 in 1:08-cv-06978-TPG) MOTION to Vacate (327) Memorandum & Opinion, filed by NML Capital, Ltd., (369 in 1:06-cv-06466-TPG) MOTION to Vacate (354) Memorandum & Opinion, filed by NML Capital, Ltd., (197 in 1:09-cv-01708-TPG) MOTION to Vacate (180) Memorandum & Opinion, filed by NML Capital, Ltd., (317 in 1:07-cv-01910-TPG) MOTION to Vacate (304) Memorandum & Opinion, filed by NML Capital, Ltd., (320 in 1:07-cv-02690-TPG) MOTION to Vacate (306) Memorandum & Opinion, filed by NML Capital, Ltd. For essentially the same reasons stated at the hearing held on August 30, 2011, the court denies plaintiff's current motion. This opinion resolves the motion listed as document number 447 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 8/14/2012) (lmb) (Entered: 08/14/2012)
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 07/31/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment Order served on Banco De La Nacion Argentina on 6/14/2010. Service was accepted by Mr. R.H. Barrientos - V.P.. Document filed by NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm) (Entered: 07/26/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 7/18/2012 re: Counsel for plaintiffs write to propose that NML file and serve its reply in support of its Supplemental Memorandum of Law in Support of Motions to Compel and for Sanctions [against Banco de la Nacion Argentina ("BNA")], on July 31, 2012. ENDORSEMENT: Approved., ( Replies due by 7/31/2012.) (Signed by Judge Thomas P. Griesa on 7/23/2012) (pl) (Entered: 07/24/2012)
DECLARATION of Mark S. Sullivan in Opposition re: 107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Sullivan, Mark) (Entered: 07/13/2012)
MEMORANDUM OF LAW in Opposition re: 107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) (Entered: 07/13/2012)
DECLARATION of Eric C. Kirsch in Support re: 107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Cohen, Robert) (Entered: 06/01/2012)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 107 MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert) (Entered: 06/01/2012)
NOTICE OF APPEAL from [201] Order, [218] Order on Motion for Miscellaneous Relief,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-7259121. (Boccuzzi, Carmine)
ORDER PURSUANT TO FRCP 62(C). It is HEREBY ORDERED that: 1. Pursuant to Rule 62(c) of the Federal Rules of Civil Procedure, the effect of the February 23, 2012 Orders is stayed until the U.S. Court of Appeals for the Second Circuit has issued its mandate disposing of the Republic's appeal of the February 23, 2012 Orders. 2. To secure Plaintiffs' rights during the pendency of the Republic's appeals of the February 23, 2012 Orders to the Second Circuit, it is ordered that the Republic shall not during the pendency of the appeal to the Second Circuit take any action to evade the directives of the February 23, 2012 Orders in the event they are affirmed, render them ineffective in the event they are affirmed, or diminish the Court's ability to supervise compliance with the February 23, 2012 Orders in the event they are affirmed, including without limitation, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without prior approval of the Court. 3. With consent of the Plaintiffs and on terms agreeable to the parties, the Republic shall file a motion in the Second Circuit requesting that the court of appeals accord the Republic's forthcoming appeal of the February 23, 2012 Orders expedited treatment in accordance with a schedule agreed upon by the parties. 4. This Court shall retain jurisdiction to monitor and enforce this ORDER, and, on notice to the parties, to modify, amend, or extend it as justice requires to achieve its equitable purposes and to account for materially changed circumstances, including any failure by the Republic to abide by Paragraph (2) herein. (Signed by Judge Thomas P. Griesa on 3/5/2012) (rjm)
ORDER granting [207] Motion. It is DECLARED, ADJUDGED, and DECREED that NML is irreparably harmed by and has no adequate remedy at law for the Republic's ongoing violations of Paragraph I (c) of the FAA, and that the equities and public interest strongly support issuance of equitable relief to prevent the Republic from further violating Paragraph 1 (c) of the FAA in the manner that is set forth in paragraphs 1(a-d) of this Order. The Republic accordingly is permanently ORDERED to specifically perform its obligations to NML under Paragraph I (c) of the FAA in the manner that is set forth in 2(a-f) of this Order. NML shall be entitled to discovery to confirm the timing and amounts of the Republic's payments under the terms of the Exchange Bonds; the amounts the Republic owes on these and other obligations; and such other information as appropriate to confirm compliance with this ORDER. 4. The Republic is permanently PROHIBITED from taking action to evade the directives of this ORDER, render it ineffective, or to take any steps to diminish the Court's ability to supervise compliance with the ORDER, including, but not limited to, altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without obtaining prior approval of the Court. (Signed by Judge Thomas P. Griesa on 2/23/2012) (pl)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 2/15/2012 re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write to confirm that the consolidated hearing on NML's motion for a preliminary injunction, which was made by ex parte "Order to Show Cause Why a Preliminary Injunction Should Not Issue, with Temporary Restraining Order" on January 3, 2012, and on the permanent injunction sought in NML's "Renewed Motion for Specific Performance of the Equal Treatment Provision" dated January 6, 2012, which was previously scheduled to be held on February 15, 2012, has been rescheduled for 11:00 a.m. on February 23, 2012. ENDORSEMENT: Approved. ( Show Cause Hearing set for 2/23/2012 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/17/2012) (djc)
REPLY MEMORANDUM OF LAW in Support re: [207] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
MEMORANDUM OF LAW in Opposition re: [207] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision., [202] Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Matias Isasa, Dated February 1, 2012 in Opposition re: [207] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision., [202] Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Carmine D. Boccuzzi, Dated February 1, 2012 in Opposition re: [207] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision., [202] Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibit A-F, # (2) Exhibit G)(Boccuzzi, Carmine)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 1/13/2012 re: We request that, on February 15, 2012, at 10:30 a.m. (a date and time John Beale has said are available) the Court hold a consolidated hearing on both NML's motion for a preliminary injunction, and on the permanent injunction sought in NML's "Renewed Motion for Specific Performance of the Equal Treatment Provision," dated January 6, 2012, a hearing date for which has not yet been set. ENDORSEMENT: Approved. (Responses due by 2/1/2012. Replies due by 2/13/2012.), (Show Cause Hearing set for 2/15/2012 at 10:30 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/19/2012) (rjm)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 1/9/2012 re: Counsels jointly request to adjourn the hearing on the preliminary injunction to 2:30 p.m. on January 2012 (a date and time that Mr. Beale has said are convenient for the Court), and to modify the briefing schedule so that the Republic's responsive papers are due on 1/17/2012, and NML's reply papers are due on 1/23/2012. ENDORSEMENT: Approved. (Responses due by 1/17/2012, Replies due by 1/23/2012, Show Cause Hearing set for 1/25/2012 at 02:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/10/2012) (ft)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 1/6/2011 re: I have agreed to adjourn the hearing on the preliminary injunction to 2:30 p.m. on January 25, 2012. ENDORSEMENT: Approved. (Show Cause Hearing set for 1/25/2012 at 02:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/9/2012) (jar)
DECLARATION of Robert A. Cohen in Support re: [207] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Cohen, Robert)
MEMORANDUM OF LAW in Support re: [207] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision. Document filed by NML Capital, Ltd.. (Attachments: # (1) Text of Proposed Order)(Cohen, Robert)
NOTICE OF APPEAL from [201] Order,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-7084019. (Boccuzzi, Carmine)
DECLARATION of Robert A. Cohen in Support re: [202] Order to Show Cause,,,,. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Cohen, Robert)
ORDER TO SHOW CAUSE filed by NML Capital, Ltd.. Defendant shall show cause as to why an order should not be entered, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining the defendant during the pendency of this action from altering or amending the processes or specific transfer mechanisms (including the use of specific firms) by which it makes payments due to holders of bonds or other securities issued pursuant to its 2005 and 2010 exchange offers, including without limitation by using agents, financial intermediaries and financial vehicles other than those used at the time of this Order. Answering papers, if any, shall be served by hand delivery or electronic mail upon counsel for NML, Dechert LLP, 1095 Avenue of the Americas, New York, NY 10036, attention Robert A. Cohen, Esq. (robert.cohen@dechert.com), on or before January 10, 2012 at 6:00 p.m. Reply papers, if any shall be served by hand delivery or electronic mail on council for Argentina on or before January 13, 2012 at 6:00 p.m. Show Cause Hearing set for 1/17/2012 at 02:30 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 1/3/2012) (rdz)
ORDER: IT IS HEREBY Ordered that the motion for partial summary judgment pursuant to Rule 56(a) is GRANTED. It is DECLARED, ADJUDGED, and DECREED that the Republic is required under Paragraph 1(c) of the FAA at all times to rank its payment obligations pursuant to NMLs Bonds at least equally with all the Republics other present and future unsecured and unsubordinated External Indebtedness, as further set forth within this Order. (Signed by Judge Thomas P. Griesa on 12/7/2011) (jfe)
RESPONSE in Opposition re: [196] MOTION to Vacate [179] Memorandum & Opinion,. / The Republic of Argentina's Opposition to NML Capital LTD.'s Motion Under Rule 60(B)(6)to Vacate the April 22, 2011 Opinion, dated November 4, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
MEMORANDUM OF LAW in Opposition re: [196] MOTION to Vacate [179] Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
NOTICE OF APPEAL [ Filed in Night Deposit box ] from [179] Opinion, [186] Opinion,. Document filed by NML Capital, Ltd.. Filing fee $ 455.00, receipt number 465401018218. (nd)
ORDER: On September 20, 2011, the Republic requested via letter that the court stay its ruling pending appeal and issue a certification pursuant to 28 U.S.C. § 1292(b). The Republic's requests are denied. (Signed by Judge Thomas P. Griesa on 10/4/2011) (jfe)
OPINION re: [89] MOTION for Summary Judgment for Principal and Interest Due filed by NML Capital, Ltd. The motion for partial summary judgment is granted. Judgment will be entered for the principal amounts of the bonds plus accrued interest in each of the three above-captioned cases. The parties shall consult with one another concerning the form of the judgments and the amounts of interest that should be awarded in the judgments. If the parties are able to reach agreement on those subjects, they shall jointly submit agreed proposed judgments to the Court. If the parties are unable to reach agreement on those subjects, plaintiff shall submit proposed judgments to the Court, and the Republic shall submit any objections to the proposed judgments within five business days thereafter. The Court will then resolve any remaining disagreements. Proposed judgments submitted to the Court should include the following language: "It is further ORDERED that, until further notice from the Court, plaintiff(s) must refrain from selling or otherwise transferring their beneficial interest in the bond(s) involved in this action without advising the Court in advance and obtaining permission of the Court." This opinion resolves the motion listed as document number 232 in case 08 Civ. 6978, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/28/2011) (lmb) Modified on 9/28/2011 (lmb). Modified on 9/28/2011 (lmb).
ORDER granting [94] Motion to Amend/Correct [1] Complaint. On October 20, 2010, NML Capital, Ltd. moved for leave to amend its complaint. For the reasons stated on the record at the hearing held on September 28, 2011, the court grants plaintiffs motion. This opinion resolves the motion listed as document number 237 in case 08 Civ. 6978, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/28/2011) (lmb)
OPINION: The Court grants the motion to quash the subpoena and denies the motion to compel compliance therewith. The Court will discuss with the parties other means of discovery to obtain the information which plaintiffs are now legitimately seeking. This opinion resolves the motions listed as documents numbers 358 and 375 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz)
OPINION: For the reasons stated on the record at the hearing on August 30, 2011, the court grants Plaintiffs motion to compel Bank of America and BNA to comply with the subpoenas, subject to modifications of details. The Court denies the Republic's motion to quash the subpoena served on Bank of America. The opinion resolves the motions listed as document numbers 306 and 365 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz)
OPINION: On May 6. 2011 NML Capital, Ltd. Moved for reconsideration of the Court's April 22, 2011 opinion. For the reasons stated on the record at the hearing held on August 30, 2011, the court denies plaintiff's motion. This opinion resolves the motion listed as document number 435 in case 03 Civ. 8845, as well as the same motion in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz)
REPLY MEMORANDUM OF LAW in Support re: [180] MOTION for Reconsideration re; [179] Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
JOINDER to join re: [182] Memorandum of Law in Opposition to Motion ,with Certificate of Service of Richard V. Conza, dated May 20, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
MEMORANDUM OF LAW in Opposition re: [180] MOTION for Reconsideration re; [179] Memorandum & Opinion,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
MEMORANDUM OF LAW in Support re: [180] MOTION for Reconsideration re; [179] Memorandum & Opinion,.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
OPINION: NML's motion to confirm the order of attachment is denied. The cross-motion of AR-SAT and the Republic is granted, and the February 7, 2011 order of attachment is vacated. The court denies AR-SAT's cross motion for damages. This opinion resolves the motions listed as document numbers 406, 417, and 422 in case 03 Civ. 8845, as well as the same motions in the related cases. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/21/2011) (lnl)
CERTIFICATE OF SERVICE of Brendan Cyr re [174] on April 14, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Federico Dosztal in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
DECLARATION of Steven M. Hecht in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
REPLY MEMORANDUM OF LAW in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
REPLY MEMORANDUM OF LAW in Support re: [162] MOTION to Vacate [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
REPLY MEMORANDUM OF LAW in Support re: [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
MEMORANDUM OF LAW in Opposition re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,.. Document filed by NML Capital, Ltd.. (Jacob, Charles)
CERTIFICATE OF SERVICE of Richard V. Conza on March 22, 2011, re: [162], [163], [164]. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Mariano Goldschmidt in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,., [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
DECLARATION of Joaquina Maria Berraondo in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,., [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Hecht, Steven)
DECLARATION of Steven M. Hecht in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,., [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Hecht, Steven)
MEMORANDUM OF LAW in Support re: [165] MOTION to Vacate [153] Order on Motion to Attach,,,,,,,., [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. AND IN OPPOSITION TO MOTION TO CONFIRM THE ORDER OF ATTACHMENT. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). (Hecht, Steven)
MOTION to Vacate [153] Order on Motion to Attach,,,,,,,. Document filed by Empresa Argentina de Soluciones Satelitales ("AR-SAT"). Return Date set for 4/14/2011 at 09:00 AM. (Attachments: # (1) Text of Proposed Order)(Hecht, Steven)
MEMORANDUM OF LAW of the Republic of Argentina in Opposition to Plaintiff's Motion to Confirm Ex Parte Attachment Order and in Support of Motion to Vacate Order, dated March 22, 2011, re: [154], [162]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Sara A. Sanchez re: [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011., [162] MOTION to Vacate [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. MOTION to Vacate [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Declaration dated March 22, 2011, with exhibits A-D. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
MOTION to Vacate [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Notice of Motion to Vacate Ex Parte Order of Attachment, dated March 22, 2011. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
ORDER the Court inadvertently left off cases 09-1707 and 09 cv 1708 from the 9/30/10 opinion and that opinion applies equally to these cases re: [69] MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010, filed by The Republic of Argentina, [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders, filed by Banco De La Nacion Argentina (Signed by Judge Thomas P. Griesa on 3/1/11) (cd)
ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 2/25/2011, re: We represent plaintiff NML Capital, Ltd. in the above-captioned actions and write on behalf of NML and plaintiff EM Ltd. (together "Plaintiffs"), to request a brief extension of the due date for Plaintiffs' reply submission in further support of its motions to compel compliance with certain subpoenas, and in opposition to the motions to quash those subpoenas. That submission is currently due on March 1, 2011; Plaintiffs request an extension until March 4. Neither defendant the Republic of Argentina, nor nonparties the Bank for International Settlements, Jaime Caruana, Banco de la Nacion Argentina or Bank of America objects to this request. In compliance with the Court's Individual Practice I.E, Plaintiffs disclose that several requests for extensions of time have been made in connection with the affected motions-all of which were by consent, and none of which was denied. ENDORSEMENT: Approved. Set Deadline as to [107] MOTION to Compel Banco de la Nacion Argentina to Produce Documents: Replies due by 3/4/2011. (Signed by Judge Thomas P. Griesa on 2/28/2011) (lnl)
MEMORANDUM OF LAW in Support re: [154] MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
MOTION to Approve to Confirm the Order of Attachment dated February 7, 2011. Document filed by NML Capital, Ltd.. Return Date set for 3/14/2011 at 09:30 AM.(Sher, Jeremy)
ORDER OF ATTACHMENT granting [148] Motion to Attach in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. § 1610(c) following entry of a judgment for NML in all of the Pending NML Actions, and that the amount to be secured by this Order is $2,521,083,692.38 and as further set forth herein; FURTHER ORDERED that the attachment bond of $250,000 previously posted by NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that NML pay Argentina' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment Order if it is decided that NML is not entitled to an attachment of the Properly described above and is ordered to compensate Argentina; and it is FURTHER ORDERED that the garnishee statement required by CPLR § 6219 shall be served via email and first class email, within 5 days of service on you with this Attachment Order, upon Charles R. Jacob III, Esq., Miller & Wrubel P.C., 570 Lexington Avenue, New York, NY 10022, cjacob@mw-law.com; and it is FURTHER ORDERED that you, your agents, subdivisions, officers, employees, and attorneys, and all persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Attachment Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order from this Court from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt; (Signed by Judge Thomas P. Griesa on 2/7/11) (djc). Modified on 2/18/2011 (djc).
CERTIFICATE OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 9, 2011. Service was accepted by Audrey Acchione, person authorized to accept service. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
AFFIDAVIT OF SERVICE of Order of Attachment dated February 7, 2011 served on Honeywell International, Inc. on February 8, 2011. Service was accepted by CSC (Corporate Services Company) as registered agent. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
MEMORANDUM OF LAW in Support re: [148] EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales.. Document filed by NML Capital, Ltd.. (Sher, Jeremy)
EX PARTE MOTION for Attachment of certain property held at Honeywell International, Inc. in the name of Empresa Argentina de Soluciones Satelitales. Document filed by NML Capital, Ltd..(Sher, Jeremy)
DECLARATION of Rachel Goldbrenner , dated Ferbruary 10, 2011. Document filed by The Republic of Argentina. (Attachments: # (1) Certificate of Service)(Blackman, Jonathan)
MEMORANDUM OF LAW /Supplemental Memorandum of Law of The Republic of Argentina in Support of Motions to Quash and in Opposition to Motions to Compel Subpoenas, dated February 10, 2011. Document filed by The Republic of Argentina. (Blackman, Jonathan)
DECLARATION of Hermann Greve in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
DECLARATION of Prof Dr. Ramon Mabillard LL.M. in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
MEMORANDUM OF LAW in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. and in Opposition to the Plaintiffs' Cross-Motion to Compel. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
DECLARATION of Miguel Angel Mandrile in Opposition re: [107] MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
DECLARATION of Eduardo Alberto Barreira Delfino in Opposition re: [107] MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
MEMORANDUM OF LAW in Opposition re: [107] MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
DECLARATION of Mark S. Sullivan in Opposition re: [107] MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by Banco De La Nacion Argentina. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5)(Sullivan, Mark)
DECLARATION of ERIC C. KIRSCH. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B PT 1 OF 2, # (3) Exhibit B PT 2 OF 2, # (4) Exhibit C)(Cohen, Robert)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Raymond N. Hunnigan dated 1/14/2011 re: Counsel writes to request leave to submit the enclosed memorandum on behalf of the Emerging Markets Creditors Association, as amicus curiae. ENDORSEMENT: Permission granted. So Ordered. (Signed by Judge Thomas P. Griesa on 1/18/2011) (jfe)
DECLARATION of Robert A. Cohen in Support re: [94] MOTION to Amend/Correct the Complaint.. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2)(Cohen, Robert)
REPLY MEMORANDUM OF LAW in Support re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
REPLY MEMORANDUM OF LAW in Support re: [89] MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 1/11/2011, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and as directed by the Court at the end of the December 17, 2010 motion conference in these actions (the "Motion Conference"), write on behalf of NML and EM Ltd. (together "Plaintiffs"), nonparties the Bank for International Settlements and Jaime Caruana (together, the "BIS Nonparties"), nonparty Banco de la Nacion Argentina ("BNA"), nonparty Bank of America ("BofA") and defendant the Republic of Argentina (the "Republic") to propose a schedule for further briefing in connection with various discovery-related motions now pending in these actions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/13/2011) (lnl)
CERTIFICATE OF SERVICE of Richard V. Conza on December 10, 2010, re: [122], [123], [124], [125], [126], [127], [128]. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
MEMORANDUM OF LAW in Opposition re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Stephen Choi, dated December 10, 2010 in Opposition re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Carmine D. Boccuzzi, dated December 10, 2010 in Opposition re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibit A through B, # (2) Exhibit C through D, # (3) Exhibit E through G, # (4) Exhibit H through L, # (5) Exhibit M through N, # (6) Exhibit O through T, # (7) Exhibit U through HH)(Boccuzzi, Carmine)
DECLARATION of Carmine D. Boccuzzi, dated December 10, 2010 in Opposition re: [94] MOTION to Amend/Correct the Complaint., [89] MOTION for Summary Judgment for Principal and Interest Due.. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibit A through C, # (2) Exhibit D through F, # (3) Exhibit G through H)(Boccuzzi, Carmine)
MEMORANDUM OF LAW in Opposition re: [94] MOTION to Amend/Correct the Complaint., [89] MOTION for Summary Judgment for Principal and Interest Due.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
ENDORSED LETTER addressed to Judge Thomas P. Greisa from Mark S. Sullivan, dated 11/30/2010, re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the revised briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 10, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; January 13, 2011: Plaintiff's reply memorandum in support of Motion, and any supporting papers. The Court previously endorsed a briefing schedule with the respective papers due on December 1 and December 15. However, logistics issues, including the translation of documents, caused BNA to request the revised schedule, to which all of the parties have consented. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl)
ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 12/1/2010, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write on behalf of NML and EM Ltd. ("EM", and together with NML "Plaintiffs"), and non parties Jaime Caruana and the Sank for International Settlements ("BIS"), to request an adjournment of the schedule for further briefing on Mr. Caruana and the BIS's pending motion to quash, and Plaintiffs' pending cross motion to compel (collectively, the "BIS Motions"). The parties have agreed to the following proposed schedule for further briefing on the BIS Motions: December 21, 2010 Mr. Caruana and the BIS's reply in support of motion to quash and opposition to motion to compel January 14, 2011 Plaintiffs' reply in support of motion to compel. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl)
DECLARATION of Dennis H. Hranitzky in Opposition to Motion to Quash Subpoena and in Support re: [115] CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C 1 OF 2, # (4) Exhibit C 2 OF 2, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R, # (20) Exhibit S, # (21) Exhibit T)(Hranitzky, Dennis)
DECLARATION of Saverio Lembo in Opposition to Motion to Quash Subpoena and in Support re: [115] CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
MEMORANDUM OF LAW in Support re: [115] CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. and in Opposition to Motion to Quash Subpoena. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. Document filed by NML Capital, Ltd..(Hranitzky, Dennis)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated November 4, 2010 re: We represent non-party Banco de la Nacion Argentina ("BNA") and write on behalf of all parties to the above caption actions to request that the Court endorse the following, agreed briefing schedule for the November 1, 2010 Motion to Compel BNA to Produce Documents in Compliance with Subpoena (the "Motion") filed by Plaintiff NML Capital, Ltd: December 1, 2010: BNA's memorandum in opposition to Motion, and any supporting papers; December 15, 2010: Plaintiff's reply memorandum in support of Motion, and any supporting papers. ENDORSEMENT: Approved. ( Responses due by 12/1/2010, Replies due by 12/15/2010.) (Signed by Judge Thomas P. Griesa on 11/8/20/10) (jmi) Modified on 11/10/2010 (jmi).
STIPULATION AND ORDER The Republic shall have until December 10, 2010 to serve papers in response to the following motions filed by plaintiffs On October 20, 2010: (1) Motion for Partial Summary Judgment And for Injunctive Relief Pursuant to the Equal Treatment Provision; (2) Motion for Leave to Amend; and (3) Motion for Partial Summary Judgment for Principal and Interest Due (the "Motions"). 2. Plaintiffs shall have until January 14, 2011 to serve reply papers, if any, in further support of the Motions 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the first request for an extension of the briefing schedule for the Motions. (Signed by Judge Thomas P. Griesa on 11/4/10) (djc) (Entered: 11/05/2010)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 10/25/2010 re: Counsel request that the Court endorse the following, agreed briefing schedule for the non-parties' October 21, 2010 Motion to Quash the Subpoena Served on Jaime Caruana (the "Motion"): November 19, 2010: Plaintiffs memorandum in opposition to Motion, and any supporting papers (otherwise due October 28, 2010); December 10, 2010: Non-parties' reply memorandum in support of Motion, and any supporting papers (otherwise due November 1, 2010). ENDORSEMENT: Approved. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/26/2010) (jfe)
DECLARATION of Rachel Goldbrenner, dated November 3, 2010, re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana., [110] Joinder. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
MEMORANDUM OF LAW in Support re: [107] MOTION to Compel Banco de la Nacion Argentina to Produce Documents.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
DECLARATION of Dr. Ramon Mabillard in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: # (1) Exhibit A - Part 1, # (2) Exhibit A - Part 2)(Wagner, Karen)
DECLARATION of Hermann Greve in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Wagner, Karen)
DECLARATION of Jaime Caruana in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Wagner, Karen)
MEMORANDUM OF LAW in Support re: [102] MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 10/19/2010) (jpo)
DECLARATION of Elliot Greenberg in Support re: [89] MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Cohen, Robert)
MEMORANDUM OF LAW in Support re: [89] MOTION for Summary Judgment for Principal and Interest Due.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
MEMORANDUM OF LAW in Support re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
DECLARATION of Elliot Greenberg in Support re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Cohen, Robert)
DECLARATION of Hal S. Scott in Support re: [83] MOTION for Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Cohen, Robert)
STIPULATION AND CONSENT ORDER: Now, THEREFORE, it is STIPULATED and AGREED by and among Plaintiffs, BNA and the Republic, and hereby: ORDERED that the 2008 Orders and the 2010 Order, as they relate to property of BNA, are hereby vacated and, as a result, no restraints, attachments or other restrictions remain on any property of BNA, including but not limited to the Asset Pledge Accounts, the HSBC Account and the JP Morgan Chase Account. (Signed by Judge Thomas P. Griesa on 9/24/2010) (jfe)
REPLY MEMORANDUM OF LAW in Support re: [69] MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: # (1) Certificate of Service)(Boccuzzi, Carmine)
REPLY MEMORANDUM OF LAW in Opposition re: [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: It is hereby stipulated and agreed by and between the parties that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers by September 21,2010. (Signed by Judge Thomas P. Griesa on 8/13/2010) (jpo) Modified on 8/31/2010 (jpo).
STIPULATION AND ORDER, that 1. With respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. 2. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before September 21, 2010. (Signed by Judge Thomas P. Griesa on 8/13/10) (pl)
DECLARATION of Geoffrey P. Miller in Support re: [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Sullivan, Mark)
DECLARATION of Hernan Del Villar in Support re: [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: # (1) Exhibit A)(Sullivan, Mark)
DECLARATION of Eduardo Barreira Delfino in Support re: [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
DECLARATION of Juan Carlos Fabrega in Support re: [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, Part 1, # (5) Exhibit D, Part 2, # (6) Exhibit D, Part 3, # (7) Exhibit D, Part 4, # (8) Exhibit D, Part 5, # (9) Exhibit D, Part 6, # (10) Exhibit D, Part 7, # (11) Exhibit E, # (12) Exhibit F, # (13) Exhibit G, # (14) Exhibit H)(Sullivan, Mark)
MEMORANDUM OF LAW in Support re: [72] MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Memorandum of Law of Banco De La Nacion Argentina (1) In Further Opposition to Plaintiffs" Motion For Consideration of the Court's September 30, 2009 Opinion; (2) In Opposition to Plaintiffs' Motion to Confirm and in Support of Its Motion to Vacate May 28, 2010 Ex Parte Attachment Orders and (3) In Opposition to Plaintiff's' Motion for Leave to Amend Their Alter Ego Complaint. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
MEMORANDUM OF LAW in Support re: [69] MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. / Memorandum of Law of the Republic of Argentina in Support of Motion to Vacate the 2010 Orders and in Opposition to Plaintiffs' Motions (i) to Confirm the 2010 Orders; (ii) for Reconsideration of Alter Ego Decision; and (iii) to Amend Alter Ego Complaint. Document filed by The Republic of Argentina. (Moore, Christopher)
DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: [69] MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibit Exhibits A-O)(Moore, Christopher)
MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Moore, Christopher)
MANDATE of USCA (Certified Copy) as to [67] Notice of Appeal filed by NML Capital, Ltd. USCA Case Number 10-2849....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2010. (nd)
MANDATE of USCA (Certified Copy) as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (129 in 1:08-cv-03302-TPG) Notice of Appeal filed by The Republic of Argentina, (192 in 1:05-cv-02434-TPG) Notice of Appeal, filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (144 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01707-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (214 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01708-TPG) Notice of Appeal filed by The Republic of Argentina, (113 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (132 in 1:08-cv-02541-TPG) Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). Ordered, Adjudged and Decreed that the order of the District Court holding Defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd)
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: NOW, THEREFORE, it is STIPULATED and AGREED that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Defendants shall submit their opposition briefs and any supporting papers on or before July 30, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 13, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening briefs and any supporting papers on or before July 30, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 13, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before August 30, 2010. (Signed by Judge Thomas P. Griesa on 7/8/2010) (jfe)
MEMORANDUM OF LAW in Support re: [58] MOTION to confirm Order of Attachment entered on May 28, 2010 re: [57] Order of Attachment,,.. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
SUPPLEMENTAL MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Reconsideration and in Support of their Motion for Leave to Amend the Alter-Ego Complaint. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
OPINION: For the reasons stated in this Opinion, Plaintiffs' motions to confirm the various orders are denied. Defendants' cross-motion to vacate is granted. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo) (jpo).
STIPULATION AND CONSENT ORDER: It is hereby ordered that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their opening brief and any supporting papers on or before June 30, 2010, Defendants shall submit their opposition brief and any supporting papers on or before July 21, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 4, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening brief and any supporting papers on or before July 21, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 4, 2010 and Defendants shall submit their reply brief and any supporting papers on or before August 18, 2010. With respect to the 2010 Order served on HSBC on May 28, 2010, the attachment is vacated, as set forth in this stipulation. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis Hranitzky dated 6/2/10 re: Request to adjourn the return date on the motion to confirm. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/9/10) (cd)
ORDER OF ATTACHMENT: It is hereby ordered that the motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an order pursuant to 28 U.S.C. § 1610(c) following (a) entry of a judgment for NML in all of the Pending NML Actions, and for Plaintiffs in the Alter-Ego Action; or (b) entry of a judgment for the Defendants in the Alter-Ego Action; and that the amount to be secured by this Order is $3,151,034,081, as set forth in this Order. (Signed by Judge Thomas P. Griesa on 5/28/2010) (jpo)
ORDER TO SHOW CAUSE: It is hereby ordered that defendant show cause 6/3/2010 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa, why an order should be entered confirming, pursuant to F.R.C.P. 64(a) 28 U.S.C. 1610, and Article 62 of the New York Civil Practice Law and Rules, as set forth in this order. (Signed by Judge Thomas P. Griesa on 5/28/2010) (jpo)
REPLY MEMORANDUM OF LAW in Support re: [49] MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Blackman, Jonathan)
REPLY MEMORANDUM OF LAW in Support re: [49] MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
ORDER, The 2/11 Ex Parte Order is hereby vacated in all respects and replaced by this Order. The 1/10 Ex Parte Orders are hereby vacated as to contract carriers that transport or deliver paper and coin currency from the FRBNY to BCRA, including without limitation the contract-carrier arm of Brinks, with respect to the physical transportation of paper and coin currency from the FRBNY to BCRA in Argentina. In all other respects, the 1/10 Ex Part Orders remain in effect as of the date they were served, pending further order of the Court. The 2/11 Ex Parte Motion and all supporting papers, all papers in opposition to the 2/11 Ex Parte Motion, and all related motions to confirm or vacate the relief granted herein, shall be treated by all parties as "Highly Confidential Information" and filed under seal in accordance with the provisions of the Stipulated Protective Order dated 9/10/08 attached hereto as Annex A.....Nothing herein shall constitute an express or implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 3/8/20) (cd)
JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de la Republica Argentina. (Attachments: # (1) Exhibit A, # (2) Exhibit Certificate of Service)(Neuhaus, Joseph)
JOINDER to join The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 Submissions and Memorandum of Law in Further Opposition to Plaintiffs' Motion to Confirm Ex Parte Attachment Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
ORDER: Plaintiffs in the above-captioned actions, EM Ltd. and NML Capital, Ltd., now move for attachment and restraining orders and writs of execution mirroring the February 23 orders entered in favor of Aurelius Capital Partners et al. In view of the fact that the District Court has determined that there is no right to process with respect to the assets in question, the application of EM and NML is denied. It is appropriate to note that because of the stay order, certain of the assets are tied up pending the appeal. EM and NML are obviously seeking to assert their rights against these tied-up assets and to further assert those rights in the event the District Court is reversed. The court states that in the event of such a reversal, appropriate steps will be taken to recognize the motion which has been made by EM and NML and to further recognize whatever rights they should obtain by virtue of their motion. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
ORDER: Plaintiffs' motion to confirm this court's November 24, 2008 attachment and restraining orders and writs of execution is denied since they have been vacated by the Court of Appeals ruling properly interpreted. Plaintiffs' motion for new attachment and restraining orders and new writs of execution directed to the same assets is also denied. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 3/8/2010 re: Counsel for Banco Central de la Republica Argentina request that the Court extend the confidentiality requirements of the 2/11/2010 Ex Parte Order to additional cases as further set forth in this letter. The plaintiffs in each of these cases have been served with the 2/11/2010 Ex Parte Order. The current request is necessary to allow counsel to file under seal the already-served papers in each of those cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/12/2010) (tro)
DECLARATION of David M. Bigge Supplemental Declaration Of David M. Bigge In Support Of Plaintiffs' September 28, 2006 Motion For Orders Of Restraint And Pre-Judgment Attachment.. Document filed by NML Capital, Ltd.. (Bigge, David)
DECLARATION of Suzanne M. Grosso in Support re: [39] MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
MEMORANDUM OF LAW in Support re: [39] MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010.. Document filed by NML Capital, Ltd.. (Cohen, Robert)
MOTION to Confirm Attachment Orders Signed on January 11 and 12, 2010. Document filed by NML Capital, Ltd.. (Attachments: # (1) Certificate of Service)(Cohen, Robert)
ATTACHMENT ORDER. To: ABN AMRO Bank NV, et al...; On the motion of Debevoise & Plimpton LLP, attorneys for NML and based upon the undertaking already posted as required by law, referred to below, IT IS HEREBY ORDERED that Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 U.S.C. section 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $3,114,044,402; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or NML's attorneys, EM's attorneys, and their respective employees as specially appointed pursuant to Fed. R. Civ. P. 4.1, levy upon, but refrain from taking into actual custody pending further order of this Court, the following property within this jurisdiction at any time before final judgment in all of the above captioned actions, such as will satisfy the above-mentioned sum of $3,114,044,402; The attachment bond of $250,000 previously posted by EM and NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that EM and NML pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment order if it is decided that EM and NML is not entitled to an attachment of the property described above and are ordered to compensate Defendants. The garnishee statement required by CPLR section 6219 shall be served via email and first class email, within 10 days of service on you with this Attachment Order, upon Bethany Davis Noll, Esq., Debevoise and Plimpton LLP, 919 Third Avenue, NY, NY. Plaintiffs shall move within 10 days after the levy hereunder or upon such other date as the Court may set, for an order confirming this Attachment order. (Signed by Judge Thomas P. Griesa on 1/11/10) (djc) (Entered: 01/13/2010)
ATTACHMENT ORDER. To: Lazard. On the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML and based upon the undertaking already posted as required by law, referred to below, IT IS HEREBY ORDERED that Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 U.S.C. section 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $3,114,044,402; The U.S. Marshals Service for the SDNY or any person appointed to act in his place and stead, or NML's attorneys, EM's attorneys, and their respective employees as specially appointed pursuant to Fed. R. Civ. P. 4.1, levy upon, but refrain from taking into actual custody pending further order of this Court, the following property within this jurisdiction at any time before final judgment in all of the above captioned actions, such as will satisfy the above-mentioned sum of $3,114,044,402; The attachment bond of $250,000 previously posted by EM and NML shall satisfy the bonding requirements for this Attachment Order, of which the total amount is on condition that EM and NML pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Attachment order if it is decided that EM and NML is not entitled to an attachment of the property described above and are ordered to compensate Defendants. The garnishee statement required by CPLR section 6219 shall be served via email and first class email, within 10 days of service on you with this Attachment Order, upon Bethany Davis Noll, Esq., Debevoise and Plimpton LLP, 919 Third Avenue, NY, NY. Plaintiffs shall move within 10 days after the levy hereunder or upon such other date as the Court may set, for an order confirming this Attachment order. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Cohen, Robert)
CERTIFICATE OF SERVICE of Richard V. Conza, dated December 4, 2009, re: [33] and [34]. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
MEMORANDUM OF LAW in Opposition re: [30] Memorandum of Law in Support, [31] Declaration,. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Rahul Mukhi, dated December 3, 2009 in Opposition re: [30] Memorandum of Law in Support, [31] Declaration,. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibit A-H)(Boccuzzi, Carmine)
DECLARATION of Eric C. Kirsch in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Hranitzky, Dennis)
MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
AFFIDAVIT OF SERVICE of Plaintiff's Reply to the Memorandum of Law of the Republic of Argentina in Opposition to Plaintiff's Motion for Partial Reconsideration of the August 19, 2009 Order and the [Proposed] Order. Document filed by NML Capital, Ltd.. (Jacob, Charles)
REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for Partial Reconsideration of the August 19, 2009 Order. Document filed by NML Capital, Ltd.. (Attachments: # (1) Text of Proposed Order)(Jacob, Charles)
MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Partial Reconsideration of August 19, 2009 Order, dated September 9, 2009. Document filed by The Republic of Argentina. (Moore, Christopher)
ORDER: On 8/7/09, plaintiff filed a motion seeking the attachment of certain property of an entity known as Energia Argentina S.A., and for discovery regarding that entity. For the reasons stated at the hearings on 8/7/09 and 8/11/09, plaintiff's application is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro)
AFFIDAVIT OF SERVICE of Order to Show Cause, entered 8/7/09, served on Energia Argentina S.A. on 8/7/09. Service was accepted by Jesus Ramos, Banco de la Nacion Argentina. Document filed by NML Capital, Ltd.. (Kang, Haynee)
AFFIDAVIT OF SERVICE of Order to Show Cause, entered 8/7/09, served on The Republic of Argentina on 8/7/09. Service was accepted by Richard V. Conza. Document filed by NML Capital, Ltd.. (Kang, Haynee)
ORDER TO SHOW CAUSE: UPON THE APPLICATION OF MILLER & WRUBEL P.C., counsel for plaintiff NML Capital, Ltd., LET THE DEFENDANTS HEREIN SHOW CAUSE, before the Honorable Thomas P. Griesa, Room 26B, at the United States Courthouse located at 500 Pearl Street, New York, New York, on the 7th day of August 2009 at 3:00 p.m., or as soon thereafter as counsel may be heard, why an order of attachment relating to the interests of Energia Argentina S.A. ("ENARSA") in the LNG Sale and Purchase Agreement between ENARSA and Morgan Stanley Capital Group, Inc. ("MSCGI"), dated July 7, 2009, and an order compelling discovery from MSCGI should not be made and entered in favor of NML; SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED THAT Morgan Stanley Capital Group, Inc. shall either send a representative to the aforementioned hearing to accept service of an order of attachment, or inform the Court no later than 5:00 p.m. on August 7, 2009, of a place where an order of attachment can be served at any time on August 7, 2009, such that the intent of the Court in granting an order of attachment will not be frustrated; and IT IS FURTHER ORDER THAT personal service of this Order to Show Cause upon (1) counsel for Argentina, Clearly, Gottlieb, Steen & Hamilton LLP, One Liberty Plaza, New York, New York, 10006, attention Carmine D. Boccuzzi, Jr., Esq., by hand (2) Morgan Stanley Capital Group, Inc., 2000 Westchester Avenue, Purchase, New York 10577, by electronic mail upon David Restaino, Esq. (david.restaino@morganstanley.com) and Michael Hartridge (michael.hartridge@morganstanley.com) and (3) Energia Argentina S.A., by serving Argentina's appointed agent for service of process, Banco de la Naction Argentina, 225 Park Avenue, New York, New York 10167, or such counsel as may appear of behalf of ENARSA, on or before the 7th day of August, 2009, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 8/7/2009 at 12:30 P.M.) (rw)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 6/9/09 re: Counsel for Plaintiff NML Capital, Ltd. write to inform Your Honor that the parties have agreed to a two-week extension for the submission of Plaintiffs reply memorandum of law regarding the use of the account at the Federal Reserve Bank of New York held in the name of Banco Central de la Republica Argentina. Plaintiffs' reply memorandum will be filed on 6/19/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/10/09) (tro)
NOTICE OF APPEAL from [11] Order, Set Deadlines/Hearings, [13] Order,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. (nd)
ORDER: Therefore, based upon all of the papers, pleadings, oral argument and all prior proceedings in the above-captioned actions and for the reasons explained by the Court on the record at the May 27, 2009 hearing: IT IS HEREBY ORDERED that the motion by Order to Show Cause of the Aurelius Plaintiffs to hold the Republic in civil contempt and to impose sanctions on the Republic is GRANTED. The Republic is held in civil contempt for its failure to comply with the Court's Opinion dated April 3, 2009, and the Court's Orders dated April 17, 2009 and May 6, 2009. IT IS FURTHER ORDERED that as a sanction for the Republic's contempt of Court, the Court will draw adverse inferences from the Republic's failure to comply with the Court's discovery orders that the Republic undertook the following transactions to remove funds improperly from the United States in violation of the orders of the Court: Between on or about April 10 and April 30, 2009, the Republic, through ANSES, arranged through a third party to liquidate $205,968,645 of Certificados de Deposito Argentino ("CEDEARs") that were subject to the Restraining Notice served on the Republic on October 30, 2008 as authorized by the October 29, 2008 Order of the Court in violation of that Restraining Notice. IT IS FURTHER ORDERED that while the Court has not imposed monetary sanctions at the present time, the Court reserves the possibility of imposing such monetary sanctions against the Republic at a later date. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
JOINDER to join the motion for an order to show cause for a finding of civil contempt and sanctions against the Republic of Argentina, dated May 19, 2009, brought by the Plaintiffs in Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. v. The Republic of Argentina, 07 Civ. 2715 (TPG); Aurelius Capital Partners, LP and Aurelius Capital Master, Ltd. v. The Republic of Argentina, No. 07 Civ. 11327 (TPG); and Blue Angel Capital LLC v. The Republic of Argentina, No. 07 Civ. 2693 (TPG). Document filed by NML Capital, Ltd..(Hranitzky, Dennis)
ORDER: The Republic of Argentina (which shall for purposes of this Order include, without limitation, ANSES) shall produce on or before 5/15/09 to counsel for the Aurelius Plaintiffs, EM, NML, and GMO/TIAA all documents in its custody, possession, or control that are described in the Order to Show Cause entered on 4/24/09. The documents to be produced shall include documents which were created, updated, or received by the Republic of Argentina at any time on or before 10/29/08 and concerning any of the subjects listed herein. The Republic of Argentina (including, without limitation, ANSES) shall make available for deposition on dates to be agreed but not later than 5/29/09 Sergio Chodos and one or more Rule 30(b)(6) witnesses knowledgeable on the subjects listed herein. Plaintiffs shall be entitled to serve further discovery requests and deposition notices upon the Republic of Argentina (including, without limitation, ANSES) and any third-party subject to discovery in the United States as necessary and appropriate to determine the location of any ANSES CEDARs or other assets avaialable to satisfy the judgments. (Signed by Judge Thomas P. Griesa on 5/7/09) (tro)
CERTIFICATE OF SERVICE of Richard V Conza, dated April 27, 2009 [8]. Service was made by By Hand. Document filed by The Republic of Argentina. (Moore, Christopher)
AFFIDAVIT OF SERVICE. The Republic of Argentina served on 2/24/2009, answer due 3/16/2009. Service was accepted by Mr. Roberto H. Barrientos, Vice President. Document filed by NML Capital, Ltd.. (Hranitzky, Dennis)
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