SEALED DOCUMENT placed in vault.(rz) (Entered: 10/05/2015)
617
Filed: 10/5/2015, Entered: None
DECLARATION of Marc G. Farris in Support re: 615 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents .. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-part 1, # 3 Exhibit 6-part 2, # 4 Exhibit 7-18, # 5 Exhibit 19-24, # 6 Exhibit 25-30, # 7 Exhibit 31, # 8 Exhibit 32-41, # 9 Exhibit 42)(Friedman, Edward) (Entered: 10/05/2015)
616
Filed: 10/5/2015, Entered: None
MEMORANDUM OF LAW in Support re: 615 MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 10/05/2015)
MOTION to Compel Deutsche Bank, JP Morgan and BBVA to produce documents . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 10/05/2015)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated August 20, 2015 re: privilege log issues. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 09/10/2015)
NOTICE OF CHANGE OF ADDRESS by Andrea Likwornik Weiss on behalf of JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Weiss, Andrea) (Entered: 08/24/2015)
NOTICE OF CHANGE OF ADDRESS by Howard B. Levi on behalf of JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Levi, Howard) (Entered: 08/18/2015)
ORDER terminating 589 Motion for Sanctions. As stated at yesterday's hearing, the court's ruling regarding plaintiffs' motions for discovery sanctions is as follows: "The Court finds that the Republic of Argentina has failed to comply with the September 25, 2013 discovery order as it relates to assets of the Republic. The Court further imposes the following sanction for such failure. The following is the sanction: any property of the Republic in the United States except diplomatic or military property is deemed to be used for commercial activity. The Court further holds that if the Republic is claiming a privilege as to any documents or information required to be produced under the discovery order of September 25, 2013, it is directed to prepare and deliver within 10 days of today a privilege log on a document-by-document basis. Failure to do so will be deemed to be a waiver of the claim of privilege. The Court makes no determination at this time as to sanctions, if any, with respect to the alter ego issue." Hr'g Tr. at 58:24-59:12 (Aug. 12, 2015). (Signed by Judge Thomas P. Griesa on 8/13/2015) (kl) (Entered: 08/13/2015)
MEMO ENDORSEMENT on re: (256 in 1:10-cv-09587-TPG) Letter request regarding extension of time to August 27, 2015 for the Republic to answer amended complaint, etc, filed by The Republic of Argentina; re: (606 in 1:09-cv-08757-TPG) Letter request regarding extension of time to August 27, 2015 for the Republic to answer amended complaint, etc, filed by The Republic of Argentina; re: (810 in 1:08-cv-06978-TPG) Letter request regarding extension of time to August 27, 2015 for the Republic to answer amended complaint, etc, filed by The Republic of Argentina. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/3/2015) (kl) (Entered: 08/03/2015)
DECLARATION of Marc G. Farris in Support re: 589 MOTION for Sanctions .. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A)(Rapport, Daniel) (Entered: 07/31/2015)
REPLY MEMORANDUM OF LAW in Support re: 589 MOTION for Sanctions . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 07/31/2015)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 31, 2015 re: agreed to extension of time to August 27, 2015 for the Republic to answer amended complaint, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 07/31/2015)
ORDER: A hearing on plaintiffs' motions for discovery sanctions is hereby scheduled for August 12, 2015 at 2:00pm. (Discovery Hearing set for 8/12/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/30/2015) (spo) (Entered: 07/30/2015)
SEALED DOCUMENT placed in vault.(rz) (Entered: 07/20/2015)
603
Filed: 7/17/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 589 MOTION for Sanctions . . Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 07/17/2015)
602
Filed: 7/17/2015, Entered: None
DECLARATION of Elizabeth M. Hanly, dated July 17, 2015 in Opposition re: 589 MOTION for Sanctions .. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A-E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibits H-M, # 5 Exhibits N-O, # 6 Exhibits P-R)(Blackman, Jonathan) (Entered: 07/17/2015)
601
Filed: 7/17/2015, Entered: None
SECOND AMENDED COMPLAINT amending 162 Amended Complaint against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. Related document: 162 Amended Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/17/2015)
FILING ERROR - DUPLICATE DOCKET ENTRY LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated July 17, 2015 re: Motions for Discovery Sanctions. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) Modified on 7/20/2015 (ka). (Entered: 07/17/2015)
LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated July 17, 2015 re: Motions for Discovery Sanctions. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) (Entered: 07/17/2015)
ORDER granting 578 Motion to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. Plaintiffs in these actions have filed motions for leave to amend and supplement their complaints. The court hereby grants the motions in light of the liberal standard for amending and supplementing the pleadings. See Federal R. Civ. P. 15(a)(2) and (d). The amendments are not brought in bad faith or unduly delayed, and they would not be unduly prejudicial or futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). (Signed by Judge Thomas P. Griesa on 7/16/2015) (kl) (Entered: 07/16/2015)
ORDER: On July 6, 2015 and July 8, 2015, non-parties Deutsche Bank, Fintech Advisory, Inc., and others wrote letters to the court requesting a pre-motion discovery conference pursuant to Rule 2(A) of the undersigned's individual rules of practice and Local Civil Rule 37.2. The court hereby waives the requirement for a pre-motion discovery conference. The non-parties may file their discovery motions, and the court will consider the matters raised in due course. (Signed by Judge Thomas P. Griesa on 7/14/2015) (kl) (Entered: 07/14/2015)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 8, 2015 re: Requesting that the Court approve the proposed second request for an extension of the briefing schedule for plaintiffs' motions for discovery sanctions, etc. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 07/08/2015)
LETTER addressed to Judge Thomas P. Griesa from Philippe Zimmerman dated July 6, 2015 re: Pre-Motion Letter. Document filed by Deutsche Bank AG New York Branch. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zimmerman, Philippe) (Entered: 07/06/2015)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated June 24, 2015 re: informing the Court of agreed to briefing schedule for plaintiffs' motions for discovery sanctions, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 06/24/2015)
MEMORANDUM OF LAW in Support re: 589 MOTION for Sanctions . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 06/17/2015)
DECLARATION of Marc G. Farris in Support re: 578 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Friedman, Edward) (Entered: 06/08/2015)
REPLY MEMORANDUM OF LAW in Support re: 578 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 06/08/2015)
MEMORANDUM OF LAW in Opposition re: 578 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. dated May 29, 2015 (REDACTED). Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/01/2015)
DECLARATION of Elizabeth M. Hanly in Opposition re: 578 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A-C)(Boccuzzi, Carmine) (Entered: 05/29/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated May 28, 2015 re: Facilitation of Settlement. Document filed by Euro Bondholders. (Attachments: # 1 Exhibit --Exhibits A-C)(Clark, Christopher) (Entered: 05/28/2015)
SEALED DOCUMENT placed in vault.(rz) (Entered: 05/11/2015)
580
Filed: 5/11/2015, Entered: None
DECLARATION of Daniel B. Rapport in Support re: 578 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (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 9-14, # 10 Exhibit 15-19, # 11 Exhibit 20 (part 1), # 12 Exhibit 20 (part 2), # 13 Exhibit 21-36, # 14 Exhibit 37-40, # 15 Exhibit 41-43, # 16 Exhibit 44-49, # 17 Exhibit 50-54)(Friedman, Edward) (Entered: 05/11/2015)
579
Filed: 5/11/2015, Entered: None
MEMORANDUM OF LAW in Support re: 578 MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 05/11/2015)
578
Filed: 5/11/2015, Entered: None
MOTION to Amend/Correct Plaintiffs Notice of Motion for Leave to Amend and Supplement Complaints. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 05/11/2015)
MANDATE of USCA (Certified Copy) as to 523 Notice of Appeal filed by The Republic of Argentina,. The Appellees move to dismiss these appeals for lack of jurisdiction. Upon due consideration, it is hereby ORDERED that Appellees' motions are GRANTED and the appeals are DISMISSED. We conclude that a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291, and the collateral order doctrine does not apply to this appeal. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467-69 (1978); Blue Ridge Investments, L.L.C. v. Republic of Argentina,735 F.3d 72, 80-81 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/28/2015. (nd) (Entered: 04/28/2015)
NOTICE OF APPEAL from 564 Memorandum & Opinion,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10784627. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 04/06/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 25, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 03/26/2015)
ORDER: It is hereby ORDERED that: Absent further order of this Court or confirmation that a Ratable Payment has been or is being made in compliance with the Amended February 23, 2012 Orders of the Court (the "Injunction"), Euroclear will not process any payments received from any source, including but not limited to Nacion Fideicomisos S.A. and Caja de Valores, in respect of any bonds subject to the Injunction, and will hold any such payments in suspension pending a ruling from this Court on their proper disposition, and; Before any bonds subject to the Injunction and held by Euroclear or a Euroclear depositary or nominee are transferred from Euroclear or a Euroclear depositary or nominee, or the custodial location of such bonds is changed, Euroclear shall provide notice of the proposed transfer, including but not limited to the date of the proposed transfer, the identity of the proposed transferee and other particulars regarding the transfer that are known to Euroclear, to Plaintiffs' counsel at least thirty days in advance of the proposed transfer, except that if it is not reasonably practicable for Euroclear to provide such notice at least thirty days in advance through no fault of Euroclear, Euroclear will provide the notice as soon as reasonably practicable. Should Euroclear violate the terms of this Order, Plaintiffs shall be free to compel prompt compliance with the above-referenced Subpoenas, and to seek any other just and proper relief against Euroclear as to which they may be entitled, subject to any and all rights or defenses Euroclear may have. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/25/2015) (kl) (Entered: 03/25/2015)
STIPULATION AND ORDER: It is hereby STIPULATED and AGREED: Citibank waives and foregoes any and all (i) rights of appeal with respect to the Court's July 28, 2014 Order, March 12, 2015 Opinion and Order, and March 16, 2015 Order; and (ii) rights to seek a stay, without the consent of plaintiffs in the above-captioned actions ("Plaintiffs"), from any court with respect to any part of the July 28, 2014 Order, the March 12, 2015 Opinion and Order, or the Injunction. The U.S. Dollar Argentine Law Exchange Bonds bear International Security Identification Numbers ("ISINs") ARARGE03E097, ARARGE03E113, ARARGE03G704, ARARGE03G688, and ARARGE03E154. If the Republic of Argentina (the "Republic") pays some or all of the March 31, 2015 interest payment on the U.S. Dollar Argentine Law Exchange Bonds with ISINs ARARGE03E097 and ARARGE03G704, without making a Ratable Payment as defined in the Injunction, and Citibank Argentina receives a portion of such payment on behalf of its customers (approximately $3.7 million), Citibank Argentina may process that payment in the ordinary course. Such permission shall only apply to Citibank Argentina, and shall not apply to any other party or participant in the payment process on such bonds. Citibank Argentina shall, no later than March 27, 20I5, provide to customers whose holdings account for at least 85% of the U.S. Dollar Argentine Law Exchange Bonds being held in custody by Citibank Argentina as of March 20, 2015 whatever notice may be required to terminate Citibank Argentina's custody relationship with such customers. By June 1, 2015, Citibank Argentina shall have either (1) reached an agreement with all customers whose holdings as of March 20, 2015 include U.S. Dollar Argentine Law Exchange Bonds to amend the terms of their custody agreements to exclude U.S. Dollar Argentine Law Exchange Bonds from the scope of Citibank Argentina's custody services, (2) sent termination notices to any such customers who have refused to amend the terms of their custody agreements, such that the required notice period for termination shall have expired prior to September 30, 2015, or (3) with respect to any such customers who have not agreed to amend the terms of their custody agreements and have not been sent termination notices, entered into an agreement in principle with one or more buyers to sell those portions of Citibank Argentina's custody business that include such customers' accounts (the "June 1 Requirement"), as further set forth herein. (Signed by Judge Thomas P. Griesa on 3/20/2015) (mro) (Entered: 03/23/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 17, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 03/17/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 17, 2015 re: response to Anthony J. Costantini's March 6, 2015 letter to the Court. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 03/17/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 17, 2015 re: Request for Conference. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A)(Wagner, Karen) (Entered: 03/17/2015)
ORDER: Citibank, N.A. has written the court requesting a stay of the court's opinion and order of March 12, 2015. The March 12th Opinion and Order upheld an earlier order which clarified that the injunction issued in this case prohibits Citibank from processing payments on the dollar-denominated exchange bonds governed by Argentine law. The court has received plaintiff's response to Citibank's request, and has also received additional submissions from both sides. Having considered all the arguments, and having also considered all factors pertinent to obtaining a stay, the court does not believe that a stay of the March 12th Opinion and Order is warranted. Therefore, Citibank's request for a stay of the March 12th Opinion and Order is hereby denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/16/2015) (kl) (Entered: 03/16/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 16, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 03/16/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 13, 2015 re: Response to Plaintiffs' Letter dated 3/13/2015. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A)(Wagner, Karen) (Entered: 03/13/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 13, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 03/13/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 12, 2015 re: Request a Stay of the Enforcement of the Opinion and Order Entered 3/12/2015. Document filed by Citibank, N.A.. (Attachments: # 1 Text of Proposed Order (Proposed Order))(Wagner, Karen) (Entered: 03/12/2015)
OPINION #105312: Citibank and the Republic have advanced three primary arguments in support of vacating the July 28th Order: (1) the exchange bonds governed by Argentine law should not be subject to the Injunction because they are not 5 "external indebtedness" of the Republic; (2) Citibank's Argentine branch should not be considered a "participant in the payment process" and therefore its dealings in Argentina should not implicate the Injunction; and (3) principles of comity weigh in favor of vacating the July 28th Order. As discussed, the operative paragraphs of the Injunction do not speak in terms of "external indebtedness," and as a result, Citibanks participation in making payments on exchange bonds is prohibited. This is true whether or not the exchange bonds are external indebtedness. Thus, payment on these exchange bonds would violate the Equal Treatment Provision of the FAA, providing an additional reason as to why the Injunction applies. Citibank is not an exchange bondholder, but rather a financial institution that processes payments initiated by the Republic and intended for and terminating with exchange bondholders. To rule otherwise, this court would have to adopt an overly narrow and technical reading of the term "participants," one at odds with the clear language of the Injunction and at odds with the court's intent in fashioning that Injunction. Comity does not suggest abrogating those judgments, or creating exceptions to the Injunction designed to enforce them. Rather, comity suggests that the Republic not penalize third parties, like Citibank, who must observe the orders of United States courts. For the reasons given above, the court denies Citibank's motion, by order to show cause, to vacate the July 28th Order. (Signed by Judge Thomas P. Griesa on 3/12/2015) (kl) Modified on 3/13/2015 (ca). (Entered: 03/12/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 10, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 03/10/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 6, 2015 re: March 3, 2015 Hearing before the Court. Document filed by Citibank, N.A.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Wagner, Karen) (Entered: 03/06/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 3, 2015 re: Proposal Regarding Holdout Claims. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 03/03/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 3, 2015 re: Update on Judgment in English Proceeding. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 03/03/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated 3/2/15 re: on behalf of Citibank in advance of tomorrow's hearing to respond to the points raised in Plaintiffs' letter of February 26, 2015, as well as the new arguments they made in their supplemental brief. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wagner, Karen) (Entered: 03/02/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated February 26, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 02/26/2015)
IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned See attached caption list. The date for which such authorization is provided is March 3, 2015. 1. Robert A. Cohen - iPhone, iPad. 2. Matthew McGill - iPhone and laptop computer. 3. Christopher Leach - iPhone and laptop computer. 4. Daniel Rapport - Cell Phone. 5. Edward Friedman - Cell Phone. 6. Marc G. Farris - iPhone, laptop computer. 7. Kevin Reed - iPhone. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/24/2015) (ajs) (Entered: 02/24/2015)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 490 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 02/17/2015)
MEMORANDUM OF LAW in Support re: 490 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 02/17/2015)
MEMORANDUM OF LAW of Amicus Curiae The Clearing House Association L.L.C. in Support of Non-Party Citibank, N.A.. Document filed by The Clearing House Association L.L.C.. (Neuhaus, Joseph) (Entered: 02/11/2015)
ORDER granting 542 Motion to File Amicus Brief. On February 9, 2015, The Clearing House Association L.L.C. filed a motion requesting leave to submit a brief, as amicus curiae, on whether the Amended February 23, 2012 Injunction should apply to Citibank, N.A. and its processing of payments on certain bonds known as the Argentine Law Bonds. The motion is granted. The court accepts The Clearing House Association L.L.C.'s brief as amicus curiae. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/11/2015) (ajs) (Entered: 02/11/2015)
ORDER: Supplemental briefs on the order to show cause listed as document number 669 in case number 08-CV-6978 are currently due on February 16, 2015 at 2:00 PM. Because that day is a federal holiday, the deadline is extended until February 17, 2015 at 2:00 PM. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/9/2015) (ajs) (Entered: 02/09/2015)
MOTION to File Amicus Brief in Support of Non-Party Citibank, N.A.. Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Exhibit Brief of Amicus Curiae The Clearing House Association L.L.C. In Support of Non-Party Citibank, N.A.)(Neuhaus, Joseph) (Entered: 02/09/2015)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 1/28/2015 re: Request to withdraw as counsel. ENDORSEMENT: SO ORDERED. Attorney Emily Anne Stubbs terminated. (Signed by Judge Thomas P. Griesa on 1/29/2015) (ajs) (Entered: 01/29/2015)
STIPULATION AND ORDER: It is hereby STIPULATED AND AGREED by counsel for Plaintiffs and for Euroclear, and ORDERED by the Court, that Euroclear shall produce the following documents to Plaintiffs, on or before February 10, 2015, to the extent they are in its possession, custody, or control (all capitalized terms have the meanings given to them by the Subpoena), as set forth within. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/20/2015) (ajs) (Entered: 01/20/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated January 20, 2015 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 01/20/2015)
MEMO ENDORSEMENT on re: (465 in 1:09-cv-01708-TPG) Letter filed by JPMorgan Chase Bank, N.A., (415 in 1:10-cv-01602-TPG) Letter filed by JPMorgan Chase Bank, N.A., (220 in 1:10-cv-05338-TPG) Letter filed by JPMorgan Chase Bank, N.A., (395 in 1:10-cv-04782-TPG) Letter filed by JPMorgan Chase Bank, N.A., (537 in 1:09-cv-08757-TPG) Letter filed by JPMorgan Chase Bank, N.A., (389 in 1:10-cv-03970-TPG) Letter filed by JPMorgan Chase Bank, N.A., (416 in 1:10-cv-04101-TPG) Letter filed by JPMorgan Chase Bank, N.A., (392 in 1:10-cv-03507-TPG) Letter filed by JPMorgan Chase Bank, N.A., (532 in 1:09-cv-10620-TPG) Letter filed by JPMorgan Chase Bank, N.A., (202 in 1:10-cv-09587-TPG) Letter filed by JPMorgan Chase Bank, N.A., (462 in 1:09-cv-01707-TPG) Letter filed by JPMorgan Chase Bank, N.A., (391 in 1:10-cv-08339-TPG) Letter filed by JPMorgan Chase Bank, N.A., (730 in 1:08-cv-06978-TPG) Letter filed by JPMorgan Chase Bank, N.A., re: Withdrawal of counsel. ENDORSEMENT: Approved. Attorney Alan Howard Scheiner terminated. (Signed by Judge Thomas P. Griesa on 1/16/2015) (ajs) (Entered: 01/16/2015)
LETTER addressed to Judge Thomas P. Griesa from Alan H. Scheiner dated 1/15/2015 re: Withdrawal. Document filed by JPMorgan Chase Bank, N.A..(Scheiner, Alan) (Entered: 01/15/2015)
ORDER: On November 10, 2014, the court, inter alia, deferred the hearing scheduled on the order to show cause listed as document number 669 in case number 08-CV-6978. The court now directs that: (1) the hearing on this matter be held on March 3, 2015 at 2:00 PM; and (2) the parties and non-party Citibank, N.A. shall file supplemental briefs, if any, by February 16, 2015 at 2:00 PM. SO ORDERED. (Show Cause Hearing set for 3/3/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/6/2015) (ajs) (Entered: 01/06/2015)
MANDATE of USCA (Certified Copy) as to 364 Notice of Appeal filed by The Republic of Argentina USCA Case Number 13-4082. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/23/2014. (nd) (Entered: 12/23/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 8, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit)(Friedman, Edward) (Entered: 12/08/2014)
ORDER granting 389 Motion. Pending before the Court is the fully briefed June 29, 2014 "Emergency Motion for Clarification" filed by the non-party "Euro Bondholders" (as defined in the "Notice of Emergency Motion for Clarification"), seeking an order concerning the Court's Amended February 23, 2012 Order, dated November 21, 2012 (the "Injunction"). Specifically, the Euro Bondholders ask for an order clarifying that the Injunction does not apply to certain third parties that process payments on Exchange Bonds, as defined in the Injunction. The Court declines to grant the requested order. To do so would start making important exceptions to the basic ruling and Injunction, which was issued by the Court and affirmed by the Court of Appeals for the Second Circuit. Motion denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/25/2014) (ajs) (Entered: 11/25/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 25, 2014 re: response to the November 22, 2014 letter from Plaintiff NML Capital Ltd. (Dkt. #721). Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 11/25/2014)
ORDER RE: JPMCB (US DOLLAR DENOMINATED, ARGENTINE LAW BONDS): IT IS HEREBY ORDERED that: 1. JPMCB is allowed to effectuate the December 31, 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 December 31, 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 December 31, 2014 Interest Payment is permitted to transfer such funds. This permission applies only to payments due December 31, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E113 and ARARGE03G688. (See Order.) (Signed by Judge Thomas P. Griesa on 11/24/2014) (ajs) (Entered: 11/24/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated November 22, 2014 re: Emergency Motion for Clarification filed by the Euro Bondholders. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 11/24/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 19, 2014 re: response to the letter dated November 6, 2014 filed by counsel to the Republic of Argentina. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 11/19/2014)
LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 11/19/2014 re: Proposed Order. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of Proposed Order)(Weiss, Andrea) (Entered: 11/19/2014)
MANDATE of USCA (Certified Copy) as to 486 Notice of Appeal filed by The Republic of Argentina, 478 Notice of Appeal filed by Euro Bondholders USCA Case Number 14-2922 (L). The Republic of Argentina, Euro Bondholders, and Fintech Advisory, Inc., appeal from the August 6, 2014 order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) clarifying that the Bank of New York Mellon ("BNY") was not in violation of the District Courts Amended February 23, 2012 Order. We conclude that this Court lacks 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, Inc., 423 F.3d 137, 141 (2d Cir. 2005) ("An order reconsidering or interpreting a preliminary injunction... is not appealable."). The injunction, as issued, already prohibited BNY from assisting Argentina in evading its terms, and the Orders language concerning BNY's liability does not enjoin third parties, such as Euro Bondholders or Fintech, from bringing suit against BNY. Accordingly, the Order neither expands nor modifies the existing injunction. It is hereby ORDERED that the above appeals are CONSOLIDATED and DISMISSED for lack of jurisdiction. The motions to expedite, to enter certain briefing schedules, and to intervene are DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/17/2014. (nd) (Entered: 11/17/2014)
ORDER: The Court will further defer the hearing on Citibank's September 22, 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") now scheduled for December 9, 2014, and will defer the date for briefs (now scheduled for November 21, 2014), to dates to be set after January 1, 2015, and will allow Citibank to process the December 31, 2014 interest payment, approximately $85 million, that it receives on the U.S. Dollar denominated Argentine law bonds, ISINs ARARGE03E113 and ARARGE03G688, and will further allow Citibank's downstream recipients to receive and process their respective portions of such payment. In the interim, it is the Court's direction that the parties and non-parties served with discovery related to the Motion cooperate in the production of relevant documents and information, so that the Court will have the benefit of a complete and accurate record in resolving the Motion. (Signed by Judge Thomas P. Griesa on 11/10/2014) (tn) (Entered: 11/10/2014)
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 514 Order,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10273487. 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 443 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2584. 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)
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)
MANDATE of USCA (Certified Copy) as to 485 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3303. 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. (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)
MANDATE of USCA (Certified Copy) as to 484 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3465. 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. (tp) (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)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 20, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 10/20/2014)
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)
NOTICE of Withdrawal of Appearance of Kimberly Hamm. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Hamm, Kimberly) (Entered: 10/03/2014)
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)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 2, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Friedman, Edward) (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) (Entered: 10/01/2014)
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) (Entered: 09/30/2014)
REPLY MEMORANDUM OF LAW in Support re: 497 Order to Show Cause,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 09/30/2014)
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) (Entered: 09/30/2014)
DECLARATION of Carmine D. Boccuzzi, dated September 29, 2014 in Opposition re: 497 Order to Show Cause,,. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A - K, # 2 Exhibits L - O)(Boccuzzi, Carmine) (Entered: 09/29/2014)
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) (Entered: 09/29/2014)
DECLARATION of Christopher B. Leach in Opposition re: 490 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)(Friedman, Edward) (Entered: 09/26/2014)
DECLARATION of Ronald Mann in Opposition re: 490 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 09/26/2014)
MEMORANDUM OF LAW in Opposition re: 490 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 09/26/2014)
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) (Entered: 09/25/2014)
MEMORANDUM OF LAW in Support re: 497 Order to Show Cause,, . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 09/24/2014)
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) (Entered: 09/24/2014)
MEMORANDUM OF LAW in Support re: 490 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/23/2014)
DECLARATION of Carmine D. Boccuzzi, dated September 23, 2014 in Support re: 490 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) (Entered: 09/23/2014)
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) (Entered: 09/23/2014)
DECLARATION of Karen E. Wagner in Support re: 490 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 09/22/2014)
MEMORANDUM OF LAW in Support re: 490 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 09/22/2014)
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) (Entered: 09/22/2014)
MANDATE of USCA (Certified Copy) as to 456 Notice of Appeal, filed by The Republic of Argentina, 457 Notice of Appeal, filed by Citibank, N.A. USCA Case Number 14-2715; 14-2718. 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) (Entered: 09/22/2014)
UNDERTAKING REGARDING CONFIDENTIALITY STIPULATION AND ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/19/2014) (ajs) (Entered: 09/19/2014)
NOTICE OF APPEAL from 472 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051753. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 08/29/2014)
NOTICE OF APPEAL from 464 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051672. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) (Entered: 08/29/2014)
NOTICE OF APPEAL from 467 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051625. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 08/29/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 21, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Friedman, Edward) (Entered: 08/21/2014)
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) (Entered: 08/21/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 20, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Friedman, Edward) (Entered: 08/20/2014)
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) (Entered: 08/19/2014)
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) (Entered: 08/15/2014)
NOTICE OF APPEAL from 472 Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003482. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Clark, Christopher) (Entered: 08/15/2014)
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) (Entered: 08/14/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 13, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit)(Friedman, Edward) (Entered: 08/13/2014)
MANDATE of USCA (Certified Copy) as to 365 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4229. 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) (Entered: 08/12/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated August 8, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 08/08/2014)
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) (Entered: 08/07/2014)
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) (Entered: 08/06/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated August 6, 2014 re: correction of factual misstatement in the August 6, 2014 letter filed by the Bank of New York Mellon. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 08/06/2014)
LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated August 6, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) (Entered: 08/06/2014)
LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated August 4, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) (Entered: 08/05/2014)
468
Filed: 8/4/2014, Entered: None
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated August 4, 2014 re: response to letter filed on August 1, 2014. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 08/04/2014)
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) (Entered: 08/04/2014)
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) (Entered: 08/04/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 4, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Friedman, Edward) (Entered: 08/04/2014)
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) (Entered: 08/01/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 1, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 08/01/2014)
462
Filed: 7/31/2014, Entered: None
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 31, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 07/31/2014)
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) (Entered: 07/31/2014)
MOTION to Amend/Correct Motion to Appear Pro Hac Vice. Document filed by Aurelius Capital Master, Ltd.. (Attachments: # 1 Supplement Certs of Good Standing, # 2 Text of Proposed Order Proposed Order)(Stancil, Mark) (Entered: 07/30/2014)
459
Filed: 7/30/2014, Entered: None
DECLARATION of Eric J. Finkelstein in Opposition re: 453 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay.. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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 (part 1), # 9 Exhibit H (part 2))(Friedman, Edward) (Entered: 07/30/2014)
MEMORANDUM OF LAW in Opposition re: 453 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 07/30/2014)
NOTICE OF APPEAL from 452 Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942285. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen) (Entered: 07/29/2014)
NOTICE OF APPEAL from 452 Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941833. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 07/29/2014)
MEMORANDUM OF LAW in Support re: 453 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay. . Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 07/29/2014)
DECLARATION of Christopher J. Clark in Support re: 453 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay.. Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 07/29/2014)
MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 07/29/2014)
ORDER denying 417 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) (Entered: 07/28/2014)
DECLARATION of Federico Elewaut in Opposition re: 417 MOTION for Reconsideration .. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 07/28/2014)
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) (Entered: 07/28/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 28, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/28/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 27, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/27/2014)
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) (Entered: 07/27/2014)
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)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 23, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/23/2014)
NOTICE OF APPEAL from 383 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910058. 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 441 . 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: 420 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 Errata A - D)(Schaffer, Eric) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 420 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: 417 MOTION for Reconsideration . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 408 MOTION to Amend/Correct . . Document filed by Clearstream Banking S.A.. (Vassos, John) (Entered: 07/21/2014)
DECLARATION of Robert A. Cohen in Opposition re: 389 MOTION for clarification .. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A)(Friedman, Edward) (Entered: 07/21/2014)
MEMORANDUM OF LAW in Opposition re: 389 MOTION for clarification . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 07/21/2014)
DECLARATION of Charles E. Enloe in Opposition re: 420 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Friedman, Edward) (Entered: 07/18/2014)
MEMORANDUM OF LAW in Opposition re: 420 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 07/18/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated 7/18/14 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (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)
MOTION to Amend/Correct Motion to Appear Pro Hac Vice. Document filed by Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Supplement Certs. of Good Standing)(Stancil, Mark) (Entered: 07/15/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated July 14, 2014 re: briefing schedule. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 07/14/2014)
MEMORANDUM OF LAW in Support re: 389 MOTION for clarification . (Corrected). Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 07/14/2014)
RESPONSE to Motion re: 389 MOTION for clarification . Memorandum of Law in Response to Non-Parties Euro Bondholders' Emergency Motion for Clarification. Document filed by The Bank of New York Mellon. (Attachments: # 1 Affidavit of Service)(Schaffer, Eric) (Entered: 07/10/2014)
DECLARATION of Evan K. Farber in Support re: 420 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: 420 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)
MEMORANDUM OF LAW in Opposition re: 408 MOTION to Amend/Correct . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 07/10/2014)
MEMORANDUM OF LAW in Support re: 417 MOTION for Reconsideration . . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 07/10/2014)
MOTION for Reconsideration . Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (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)
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: 408 MOTION to Amend/Correct .. Document filed by Clearstream Banking S.A.. (Vassos, John) (Entered: 07/07/2014)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark T. Stancil to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9858533. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aurelius Capital Master, Ltd.. (Attachments: # 1 Supplement Certs of Good Standing)(Stancil, Mark) Modified on 7/7/2014 (wb). (Entered: 07/07/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated July 3, 2014 re: plaintiffs' proposed order. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 07/03/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated July 2, 2014 re: briefing schedule for the Euro Bondholders' emergency motion for clarification. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Eric A. Schaffer dated Juy 1, 2014 Document filed by The Bank of New York Mellon.(Schaffer, Eric) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 2, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 1, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 07/02/2014)
MEMORANDUM OF LAW in Opposition re: 393 Order on Motion for Miscellaneous Relief,,, Plaintiffs Opposition to Citibank, N.A.s Motion for Clarification or Modification. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (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 393 . 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 339 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 Christopher J. Clark dated June 29, 2014 re: clarification. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 06/29/2014)
DECLARATION of Christopher J. Clark in Support re: 389 MOTION for clarification .. Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 06/29/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rapport, Daniel) (Entered: 06/26/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit 1)(Rapport, Daniel) (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)
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)
NOTICE OF CHANGE OF ADDRESS by Eric Justin Finkelstein on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, 28th Floor, New York, New York, 10036-6516, 212-833-1100. (Finkelstein, Eric) (Entered: 04/25/2014)
OPINION denying 318 Motion to Compel; denying 321 Motion to Compel; granting 368 Motion to Stay ; granting 373 Motion for Joinder; granting 374 Motion for Joinder; denying 281 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). (Entered: 04/22/2014)
REPLY MEMORANDUM OF LAW in Support re: 368 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: 04/17/2014)
MEMORANDUM OF LAW in Opposition re: 373 MOTION for Joinder to the Citi Entities' Motion for a Stay., 368 MOTION to Stay., 374 MOTION for Joinder to the Citi Entities' Motion for a stay.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 04/17/2014)
MEMORANDUM OF LAW in Opposition re: 368 MOTION to Stay. (corrected). Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 04/10/2014)
MEMORANDUM OF LAW in Opposition re: 368 MOTION to Stay.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 04/07/2014)
MOTION for Joinder to the Citi Entities' Motion for a stay. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated.(Glickman, Barry) (Entered: 04/07/2014)
MOTION for Joinder to the Citi Entities' Motion for a Stay. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance) (Entered: 04/04/2014)
NOTICE OF APPEARANCE by Eric Justin Finkelstein on behalf of ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Finkelstein, Eric) (Entered: 04/04/2014)
DECLARATION of Rebecca J. Nelson in Support re: 368 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)
MEMORANDUM OF LAW in Support re: 368 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)
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 181 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-943. 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)
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 363 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040821. 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 360 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010362. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) (Entered: 10/24/2013)
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: 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 10cv9587). SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/27/2013) (ama) (Entered: 09/27/2013)
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 Banc of America Securities LLC, Banco De La Nacion Argentina, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (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 Daniel B. Rapport dated September 24, 2013 Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rapport, Daniel) (Entered: 09/24/2013)
NOTICE OF CHANGE OF ADDRESS by Barry Jay Glickman on behalf of Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. New Address: Zeichner Ellman & Krause LLP, 575 Lexington Avenue, New York, New York, U.S.A. 10036, 212-223-0400. (Glickman, Barry) (Entered: 08/20/2013)
DECLARATION of Emily A. Stubbs in Support re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rapport, Daniel) (Entered: 07/17/2013)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 07/17/2013)
MANDATE of USCA (Certified Copy) as to 171 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-157. 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)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/21/2013)
DECLARATION of Carmine D. Boccuzzi, with Exhibits A through E, dated June 21, 2013 in Opposition re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit B, # 2 Exhibit C-D, # 3 Exhibit E)(Boccuzzi, Carmine) (Entered: 06/21/2013)
REPLY MEMORANDUM OF LAW in Support re: 292 MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James) (Entered: 06/21/2013)
DECLARATION of Lance Croffoot-Suede in Support re: 296 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Croffoot-Suede, Lance) (Entered: 06/21/2013)
REPLY MEMORANDUM OF LAW in Support re: 296 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance) (Entered: 06/21/2013)
DECLARATION of Barry J. Glickman in Support re: 314 CROSS MOTION to Quash Plaintiff's subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry) (Entered: 06/21/2013)
REPLY MEMORANDUM OF LAW in Support re: 314 CROSS MOTION to Quash Plaintiff's subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry) (Entered: 06/21/2013)
DECLARATION of Daniel B. Rapport in Support re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-K)(Rapport, Daniel) (Entered: 05/27/2013)
REPLY MEMORANDUM OF LAW in Support re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 05/27/2013)
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: 339 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: 339 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: 339 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: 339 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 05/22/2013)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 4/22/2013 re: As set forth below, the schedule for these motions has been the subject of various orders by the Court; Plaintiffs and the Banks are now requesting a further adjournment of the schedule. May 27, 2013: Plaintiffs shall serve their reply and their opposition to the cross-motions; June 21, 2013: The Banks that have filed cross-motions shall serve their replies. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/03/2013) (ama) (Entered: 05/06/2013)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Jessica A. Murzyn dated 3/15/2013 re: Accordingly, pursuant to Local Civil Rule 1.4, I respectfully request that my name be removed from the docket sheets and all service lists and that I no longer receive electronic notifications in the above actions. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/01/2013) (ama) (Entered: 04/01/2013)
ENDORSED LETTER addressed to Judge Thomas P. Grisea from Emily A. Stubbs dated 3/8/2013 re: Plaintiff's counsel writes Plaintiffs and the Banks are again requesting a 45-day adjournment in accordance with the following schedule: May 6, 2013: Plaintiffs shall serve their reply and their opposition to the cross motions. May 31, 2013: The Banks that have filed cross-motions shall their replies. We are available to discuss the modofied schedule at the Courts convenience. If Your Honor has no objection, we respectfully request that Your Honor so order the modified schedule by endorsement of this letter. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 3/15/2013) (ago) (Entered: 03/15/2013)
OPINION: For the reasons stated herein, the Republic's motion for a protective order and motion to quash are denied. The court will hold a hearing at a later date to discuss whether and how the subpoenas will need to be more narrowly tailored. (Signed by Judge Thomas P. Griesa on 3/7/2013) (ago) (Entered: 03/07/2013)
NOTICE of Withdrawal of Appearance of Susan M. Cordaro. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Hamm, Kimberly) (Entered: 02/25/2013)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 1/23/2013 re: In light of the continued activity on other Argentina-related matters, Plaintiffs, the Republic, and the Banks have agreed to adjourn the submission dates for the remaining briefs by an additional 45 days. ENDORSEMENT: Approved., ( Responses due by 3/21/2013, Replies due by 4/11/2013.) (Signed by Judge Thomas P. Griesa on 1/25/2013) (ama) (Entered: 01/25/2013)
DECLARATION of Jeff G. Hammel in Support re: 330 MOTION to Quash Subpoenas, dated December 10, 2012., 321 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: 330 MOTION to Quash Subpoenas, dated December 10, 2012., 321 MOTION to Compel.. Document filed by Euro Bondholders. (Hammel, Jeff) (Entered: 01/07/2013)
MEMORANDUM OF LAW re: 327 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., 318 MOTION to Compel.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 01/02/2013)
DECLARATION of Carmine D. Boccuzzi, dated January 2, 2013 re: 327 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., 318 MOTION to Compel.. 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)
MEMORANDUM OF LAW in Support re: 321 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 12/21/2012)
DECLARATION of Robert A. Cohen in Support re: 318 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Friedman, Edward) (Entered: 12/19/2012)
MEMORANDUM OF LAW in Support re: 318 MOTION to Compel.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 12/19/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 12/13/2012 re: In light of the current activity on other Argentina related matters, Plaintiffs, the Republic, and the Banks have agreed to adjourn the submission dates for the remaining briefs by 45 days, in accordance with the following briefing schedule: February 4, 2013: Plaintiffs shall serve their reply in support of their motion to compel February 25, 2013: The Banks that have filed cross-motions to quash, modify, or for a protective order, shall serve their replies. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/14/2012) (lmb) (Entered: 12/14/2012)
DECLARATION of Barry J. Glickman in Support re: 314 CROSS MOTION to Quash Plaintiff's subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: # 1 Exh. A, # 2 Exh. B, # 3 Exh. C)(Glickman, Barry) (Entered: 12/03/2012)
MEMORANDUM OF LAW in Support re: 314 CROSS MOTION to Quash Plaintiff's subpoenas.. Document filed by Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (Glickman, Barry) (Entered: 12/03/2012)
CROSS MOTION to Quash Plaintiff's subpoenas. Document filed by Bank Of America Corporation, Banc of America Securities LLC, Merrill Lynch & Co, Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated.(Glickman, Barry) (Entered: 12/03/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 11/21/2012 re: We are available to discuss the modified scheduled at the Court's convenience. If Your Honor has no objections, we respectfully request that Your Honor "so order" the modified schedule by endorsement of this letter. Bank of America shall serve its opposition to Plaintiffs' motion to compel December 3, 2012; Plaintiff shall serve their reply in support of their motion to compel December 21, 2012; The Banks that have or will have filed cross-motions to quash, modify, or for a protective order, shall serve their replies January 11,2012.ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/26/2012) (ama) (Entered: 11/27/2012)
AMENDED FEBRUARY 23, 2012 ORDER: It is DECLARED, ADJUDGED, and DECREED that Plaintiffs are irreparably harmed by and have no adequate remedy at law for the Republic's 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 set forth herein. 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 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 11/21/20112) (djc) (Entered: 11/27/2012)
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)
REPLY MEMORANDUM OF LAW in Support re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 11/20/2012)
MEMORANDUM OF LAW in Opposition re: 172 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: 172 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: 172 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)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 11/5/2012 re: Plaintiffs time to reply to their motion to compel will be discussed with the Republic and the Banks following receipt of the papers filed by the Republic and the Banks (excepting Bank of America). ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/13/2012) (cd) (Entered: 11/14/2012)
SUPPLEMENTAL MEMORANDUM OF LAW re: 301 Declaration,,, 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 11/14/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC for Barclays Bank PLC, Barclays Capital Inc.. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance) (Entered: 11/08/2012)
MEMORANDUM OF LAW in Support re: 296 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc.. and in Opposition to Plaintiffs' Motion to Compel. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance) (Entered: 11/08/2012)
DECLARATION of Lance Croffoot-Suede in Support re: 296 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Croffoot-Suede, Lance) (Entered: 11/08/2012)
DECLARATION of Solomon Kibriye in Support re: 296 CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc... Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Croffoot-Suede, Lance) (Entered: 11/08/2012)
CROSS MOTION to Quash Subpoenas of Barclays Bank PLC and Barclays Capital Inc.. Document filed by Barclays Capital Inc., Barclays Bank PLC.(Croffoot-Suede, Lance) (Entered: 11/08/2012)
DECLARATION of Rebecca J. Nelson in Support re: 292 MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James) (Entered: 11/07/2012)
DECLARATION of James L. Kerr in Support re: 292 MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011.. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kerr, James) (Entered: 11/07/2012)
MEMORANDUM OF LAW in Support re: 292 MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011. / and in Opposition to Plaintiffs' Motion to Compel Production. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc.. (Kerr, James) (Entered: 11/07/2012)
MOTION to Quash , Modify, or for a Protective Order with respect to the five Information Subpoenas dated December 13, 2011. Document filed by Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc..(Kerr, James) (Entered: 11/07/2012)
REPLY MEMORANDUM OF LAW in Support re: 201 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012. and in Opposition re: 281 Plaintiffs' Motion to Compel Production. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 11/07/2012)
MEMORANDUM OF LAW in Opposition re: 281 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark) (Entered: 11/07/2012)
NOTICE OF APPEARANCE by Matthew Brennan Rowland on behalf of Citibank, N.A., Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Rowland, Matthew) (Entered: 10/26/2012)
NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Knapp, Lindsey) (Entered: 10/26/2012)
NOTICE OF APPEARANCE by James Loran Kerr on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Kerr, James) (Entered: 10/26/2012)
NOTICE OF APPEARANCE by Karen E Wagner on behalf of Citicorp North America Inc., Citicorp USA Inc., Citigroup Global Markets Inc., Citigroup Inc. (Wagner, Karen) (Entered: 10/26/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 10/19/2012 re: Counsel for one of the banks -Bank of America - has requested an extension of the schedule due to a personal medical situation. Accordingly, Plaintiffs and Bank of America have agreed to adjust the briefing schedule as follows: November 21, 2012: Bank of America shall serve its opposition to Plaintiffs' motion to compel. December 12, 2012: Plaintiffs shall serve their reply in support of their motion to compel as it pertains to Bank of America. This change applies only to Bank of America; the rest of the submissions with respect to Plaintiffs' motion to compel shall be served in accordance with the schedule previously set by Your Honor. ENDORSEMENT: So ordered. (Signed by Judge Thomas P. Griesa on 10/24/2012) (djc) Modified on 10/25/2012 (djc). Modified on 10/26/2012 (djc). (Entered: 10/24/2012)
MEMORANDUM OF LAW in Support re: 281 MOTION to Compel Production from Defendant and Non-Party Banks. Memorandum of Law in Support of Plaintiffs' Motion to Compel Production from Defendant and Non-Party Banks and in Opposition to Defendant's Motion for a Protective Order and to Quash. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Stubbs, Emily) (Entered: 10/10/2012)
MOTION to Compel Production from Defendant and Non-Party Banks. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Certificate of Service)(Stubbs, Emily) (Entered: 10/10/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 10/5/2012 re: Counsel for plaintiffs respectfully request permission to file a memorandum on law of up to 35 pages, so as not to burden the Court with multiple briefs. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/9/2012) (pl) (Entered: 10/10/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachement Order served on Scotiaocatta Depository, A divisionof the Bank of Nova Scotia on 6/24/10. Service was accepted by Mr. J.J. Lonnox-Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (pl) (Entered: 09/26/2012)
MEMORANDUM OF LAW in Support re: 201 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 09/19/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Emily A. Stubbs dated 9/12/2012 re: Counsel for the plaintiffs request that the Court "So Order" the proposed briefing schedule set forth herein. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/18/2012) (ft) (Entered: 09/18/2012)
STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows: 1. Plaintiffs' time to respond to the Motion shall be extended through and including October 11, 2012, unless further extended by the parties; and 2. This stipulation relates to scheduling only and is without prejudice to the rights of all parties, which are expressly reserved; and 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the third request for an extension of the briefing schedule for the Motion., ( Responses due by 10/11/2012.) (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb) (Entered: 08/22/2012)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Benedict J. Schweigert dated 8/10/2012 re: Davis Polk & Wardwell LLP, a firm with which I was formerly associated, represents nonparty Citibank, N.A. in the above-referenced cases. I left Davis Polk & Wardwell LLP on April 20, 2012, and thus no longer serve as counsel to Citibank, N.A. Accordingly, I respectfully request that the Court instruct the docket clerk to remove my registration as counsel of record. ENDORSEMENT: So ordered., Attorney Benedict John Schweigert terminated. (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb) (Entered: 08/22/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Toyota Motor Credit Corporation on 4/13/2010. Service was accepted by Ms. A. Flores, Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (pl) (Entered: 08/20/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on RBC Capital Markets Corporation on 4/15/2010. Service was accepted by Ms. L. Sobel, Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (pl) (Entered: 08/20/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A..(Glickman, Barry) (Entered: 08/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Jefferies & Company, Inc. on 5/11/2010. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Service was accepted by Ms. Kane. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) (Entered: 08/09/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Banco Santander SA on 5/10/2010. Service was accepted by Mr. Fried. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (lmb) (Entered: 08/09/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. S.A. Garcia - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. I hereby certify that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 08/09/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Rivera - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd.. (jfe) (Entered: 08/09/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to The Republic of Argentina: Banco De La Provincia De Buenos Aires - NY Branch. Service was attempted on 4/30/2010. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 26, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm) (Entered: 08/08/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to The Republic of Argentina: Fiat Credit USA, Inc. Service was attempted on 5/10/2010. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 26, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm) (Entered: 08/08/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on General Electric Capital Corporation on 5/4/2010. Service was accepted by Ms. Ambrose - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 08/08/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Fiat Finance North America, Inc. on 5/4/2010. Service was accepted by Ms. Ambrose - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 08/08/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Goldman Sachs & Co. on 5/4/2010. Service was accepted by Ms. J.M. Lune - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 08/08/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Mr. Hamilton. Document filed by The Republic of Argentina. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 08/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Daniel Nartman - Analyst. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 08/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Ambrose - Clerk. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 08/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Maritime Attachment served on Banco De La Nacion Argentina - NY Branch on 4/19/2012. Service was accepted by Mr. R.H. Barrientos - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Maritime Attachment served on VW Credit, Inc. on 4/13/2010. Service was accepted by Ms. A. Flores - Clerk. Document filed by Aurelius Capital Master, Ltd. and ACP Master, 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) Modified on 7/26/2012 (rjm). (Entered: 07/26/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on UBS Securities LLC on 5/7/10. Service was accepted by Ms. Paley. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (cd) (Entered: 07/18/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on GMAC Financial Svcs on 5/7/10. Service was accepted by Mr. Herbert. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (cd) (Entered: 07/18/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Bank of Tokyo - Mitsubishi UFJ, Ltd. on 5/7/10. Service was accepted by Ms. Calderaro - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012 Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op. (djc) (Entered: 07/18/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Morgan Stanley and Co., Inc. on 5/7/2010. Service was accepted by Ms. Mitta - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012 Joseph R. Guccione United States Marshal, SDNY BY: Amaury Pena, Co-op. (djc) Modified on 7/18/2012 (djc). (Entered: 07/18/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Attachment served on RBS Securities Inc. on 4/19/2012. Service was accepted by Ms. P. Sumaiah. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. (js) (Entered: 07/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Attachment served on Standard Bank of South Afica Limited on 5/10/2010. Service was accepted by Ms. Rosenblatt. (I hereby certify and return I have received no funds or property belonging to the judgment debtor)Judgment unsatisfied Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (js) (Entered: 07/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Credit Suisse Securities (USA) LLC on 5/11/10. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012. Joseph R. Guccione United States Marshal Southern District of New York by Amaury Pena Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 07/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Cantor Fitzgerald & Co. on 5/10/10. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied. Dated: New York, NY April 24, 2012. Joseph R. Guccione United States Marshal Southern District of New York by Amaury Pena Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 07/17/2012)
STIPULATION AND CONSENT ORDER: 1. Plaintiffs' time to respond to the Motion shall be extended through and including August 27, 2012, unless further extended by the parties; and 2. This stipulation relates to scheduling only and is without prejudice to the rights of all parties. which are expressly reserved; and 3. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel represent that this is the second request for an extension of the briefing schedule for the Motion. (Signed by Judge Thomas P. Griesa on 7/11/2012) (ft) (Entered: 07/11/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Republic of Argentina at Ford Motor Credit Company, LLC on 4/13/2010. Service was accepted by Ms. A. Flores. Document filed by Aurelius Capital Master, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro) (Entered: 07/02/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Republic of Argentina of Standard New York Securities, Inc. on 4/13/2010. Service was accepted by Ms. A Flores. Document filed by Aurelius Capital Master, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro) (Entered: 07/02/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Republic of Argentina at Standard Americas, Inc. on 4/13/2010. Service was accepted by Ms. A Flores. Document filed by Aurelius Capital Master, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro) (Entered: 07/02/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Reuplic of Argentina at CLS Bank International on 5/5/2010. Service was accepted by Mr. David Skoblow. Document filed by Aurelius Capital Master, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro) (Entered: 07/02/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Republic of Argentina at Standard New York, Inc. on 4/13/2012. Service was accepted by Ms. A. Flores. Document filed by Aurelius Capital Master, Ltd. ***I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (tro) (Entered: 07/02/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Reuplic of Argentina at BAnco do Brasil SA on 4/30/2012. Service was accepted by Ms. Marquez. Document filed by Aurelius Capital Master, Ltd. (tro) (Entered: 07/02/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED served on The Republic of Argentina on 3/30/2010. Service was accepted by Ms. Adkins. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (jmi) (Entered: 06/18/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED The Sumitomo Trust and Banking Company Ltd. served on The Sumitomo Trust and Banking Company Ltd. on 3/30/2010. Service was accepted by Ms. Paige (Legal). Document filed by Aurelius Capital Master, Ltd.( i hereby certify and return that I have received no funds or property belonging to the judgment debtor (js) (Entered: 06/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on TD Bank NA on 3/29/2010. Service was accepted by Mr. Bellavoix (Clerk). Document filed by Aurelius Capital Master, Ltd.( I hereby certify and return that I have received no funds or property belonging to the judgment debtor (js) (Entered: 06/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Banc of America Securities LLC on 4/7/2010. Service was accepted by Mr. M. Martin. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor (js) (Entered: 06/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Commerzbank AG on 3/12/2010. Service was accepted by Ms. J. O'neill. Document filed by Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor (js) (Entered: 06/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Cooperatieve Centrale Raffeisen-Boeren Leenbank B.A. Rabobank nederland on 3/16/2010. Service was accepted by Ms. Lalleemand. Document filed by Aurelius Capital Master, Ltd. i hereby certify and return that I have received no funds or property belonging to the judgment debtor (js) (Entered: 06/15/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Societe Generale on 3/18/2010. Service was accepted by Mr. J. Bardakjy - Legal. Document filed by The Republic of Argentina. (ft) (Entered: 06/11/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Sumitomo Mitsui Banking Corp. on 3/16/2010. Service was accepted by Mr. H. Oshima - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (ft) (Entered: 06/11/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Standard Chartered Bank on 3/30/2010. Service was accepted by Ms. Akintomide. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (ft) (Entered: 06/11/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Capital One USA NA on 3/29/2010. Service was accepted by Ms. A. Grigorakos. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (ft) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on C itibank, N.A. on 3/16/2010. Service was accepted by Ms. M. Hernandez. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (ft) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED re Dresdner Bank AG. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED re attachment as to Nomura Securities Intl. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED re attachment as to Citigroup Global Markets. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED re attachment as to GE Capital Corporation. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED re Attachment as to Mizuho Securities. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 06/07/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Wilson - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 06/06/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. Wells - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 06/06/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Ms. J. Myrie - Legal. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Remarks: I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe) (Entered: 06/06/2012)
STIPULATION AND CONSENT ORDER: WHEREAS on May 22, 2012, the Republic of Argentina filed a Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks (the "Motion"), together with the supporting papers identified in the Motion; and WHEREAS plaintiffs intend to file papers in opposition to the Motion; It is hereby stipulated and Agreed by and between the undersigned counsel as follows: 1. Plaintiffs' time to respond to the Motion shall be extended through and including July 13, 2012 unless further extended by the parties; and 2. This Stipulation relates to scheduling only and is without prejudice to the rights of all parties, which are expressly reserved. 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 Motion (Signed by Judge Thomas P. Griesa on 5/30/2012) (js) (Entered: 05/31/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on HSBC Bank NA on 4/8/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Deutsch Bank Trust Company Americas on 3/15/12. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Wachovia Bank NA on 3/16/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Deutsche Bank AG on 3/15/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Lazard on 4/7/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Lazard Ltd. on 4/7/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) Modified on 5/24/2012 (mro). (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Deutsche Bank Securities, Inc. on 4/6/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on HSBC Bank USA, National Association on 4/6/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on HSBC Securities (USA) Inc. on 4/6/12. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Federal Reserve Bank of New York on 3/15/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on ABN AMRO Bank NV on 3/16/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on American Express Bank Ltd. on 3/30/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Banco Bilbao Vizcaya Argentaria SA on 3/18/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Bank of America NA on 3/17/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Bank of New York Mellon on 3/15/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) Modified on 5/24/2012 (mro). (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Barclays Bank PLC on 3/18/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on BNP Paribas on 3/18/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED Attachment served on Capital One Ban NA on 3/29/10. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 05/24/2012)
MEMORANDUM OF LAW in Support re: 201 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 05/22/2012)
DECLARATION of Sara A. Sanchez, dated May 22, 2012 in Support re: 201 MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A-N, # 2 Exhibits O-T, # 3 Exhibits U-Z)(Blackman, Jonathan) (Entered: 05/22/2012)
MOTION for Protective Order /Notice of Motion for a Protective Order and to Quash Eighteen Subpoenas Served on Non-Party Banks, dated May 22, 2012. Document filed by The Republic of Argentina.(Blackman, Jonathan) (Entered: 05/22/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Mizuho Securities USA Inc. Service was attempted on 4/8/2010. Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (djc) (Entered: 05/21/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Fortis Bank SA/NV on 3/30/10. Service was accepted by Ms. Terrero - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (djc) (Entered: 05/21/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Goldman Sachs Trust Company on 3/15/2012. Service was accepted by Ms. J. Cook - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (Entered: 05/21/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Ms. Andriano - Legal on 3/15/2012. Service was accepted by Ms. Andriano- Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated - 4/24/2012 by Joseph R. Guccione (U.S. Marshal) BY: Amaury Pena, Co-op. (djc) (Entered: 05/21/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment served on Natixis on 3/30/10. Service was accepted by Ms. Paes. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Agreement served on NY Life Trust on 3/30/2012. Service was accepted by Ms. Lazar. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED attachment ATTEMPTED served on Banco Latinoamerica on 3/30/2012. Document filed by Aurelius Capital Master, Ltd. (cd) (Entered: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED attachment served on Merrill Lynch Bank on 4/8/10. Service was accepted by Ms.Wells. Document filed by Aurelius Capital Master, Ltd. Judgment unsatisfied. (cd) (Entered: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Daiwa Securities America Inc. on 4/8/2010. Service was accepted by Mr. Goodman - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Safra National Bank of New York on 4/7/2010. Service was accepted by Ms. J. Valasquez. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Credit Suisse on 3/30/2010. Service was accepted by Mr. Zuelch - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on The Depository Trust Company on 3/15/2010. Service was accepted by Ms. Patterson - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Dresdener Bank AG on 3/12/2010. Service was accepted by Ms. J. O'Neill - Legal. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on Emigrant Bank on 4/7/2010. Service was accepted by Ms. Wolfel - Manager. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on First American International Bank on 3/12/2010. Service was accepted by Ms. S. Gao - Clerk. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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: 05/17/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Attachment served on First Commercial Bank on 3/30/2010. Service was accepted by Mr. Fu. Document filed by ACP Master, Ltd., Aurelius Capital Master, 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) Modified on 5/17/2012 (rjm). (Entered: 05/17/2012)
OPINION. The Court grants the motions of BCRA, Citibank, and the Republic to vacate the attachment orders. The Court denies plaintiffs' motion to confirm the attachment orders. The Court denies plaintiffs' motion for expedited discovery. This opinion addresses the motions listed as document numbers 308, 311, 326, 331, and 335 in case 07 Civ. 2693, as well as the same motions in the related cases. Re: (96 in 1:09-cv-08757-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (107 in 1:09-cv-10620-TPG) MOTION to Confirm Order of Attachment filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (137 in 1:09-cv-10620-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina, (112 in 1:09-cv-08757-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (121 in 1:09-cv-08757-TPG) MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina, (133 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (128 in 1:09-cv-10620-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (99 in 1:09-cv-08757-TPG) MOTION to Confirm Order of Attachment filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (117 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, (104 in 1:09-cv-10620-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (Signed by Judge Thomas P. Griesa on 3/28/2012) (rjm) (Entered: 03/28/2012)
OPINION re: (377 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (90 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (73 in 1:09-cv-08757-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (35 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (350 in 1:07-cv-11327-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., (358 in 1:07-cv-02715-TPG) MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base filed by Aurelius Capital Partners, LP, Aurelius Capital Master, Ltd., (15 in 1:10-cv-03970-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (114 in 1:09-cv-10620-TPG) MOTION to Vacate (70) Order, (71) Order filed by BASF CORPORATION, (27 in 1:10-cv-03507-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (356 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (27 in 1:10-cv-01602-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (340 in 1:07-cv-11327-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Capital Partners LP, Blue Angel Capital I LLC, Aurelius Capital Master, Ltd., (81 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (31 in 1:10-cv-04782-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (33 in 1:10-cv-03507-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (32 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (26 in 1:10-cv-04101-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Blue Angel Capital I LLC, (29 in 1:10-cv-08339-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (33 in 1:10-cv-04101-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (31 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (65 in 1:09-cv-08757-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (34 in 1:10-cv-03507-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (25 in 1:10-cv-03970-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (17 in 1:10-cv-01602-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (30 in 1:10-cv-08339-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (293 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011. filed by The Republic of Argentina, (82 in 1:09-cv-08757-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (55 in 1:10-cv-04782-TPG) MOTION to Vacate (13) Order, (14) Order, filed by BASF Corporation, (72 in 1:09-cv-10620-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (17 in 1:10-cv-03507-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (82 in 1:09-cv-10620-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by ACP Master, Ltd., Aurelius Capital Master, Ltd., (32 in 1:10-cv-04782-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (59 in 1:10-cv-01602-TPG) MOTION to Vacate (16) Order, (15) Order, filed by BASF Corporation, (34 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (53 in 1:10-cv-08339-TPG) MOTION to Vacate (11) Order, (10) Order, filed by BASF Corporation, (55 in 1:10-cv-03970-TPG) MOTION to Vacate (14) Order, (13) Order, filed by BASF Corporation, (378 in 1:07-cv-02715-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (276 in 1:07-cv-02693-TPG) MOTION to confirm the pre-judgment and post-judgment attachment orders dated 5/16/2011 and directed at Royalty/Licensing Fees the Republic is entitled to receive from base filed by Blue Angel Capital I LLC, (15 in 1:10-cv-04782-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Blue Angel Capital I LLC, (57 in 1:10-cv-03507-TPG) MOTION to Vacate (15) Order, (16) Order, filed by BASF Corporation, (56 in 1:10-cv-04101-TPG) MOTION to Vacate (14) Order, (15) Order, filed by BASF Corporation, (25 in 1:10-cv-04782-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. filed by Blue Angel Capital I LLC, (22 in 1:10-cv-08339-TPG) MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (12 in 1:10-cv-08339-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (16 in 1:10-cv-04101-TPG) MOTION to Approve the Pre-Judgment and Post-Judgment Attachment Orders dated May 16, 2011 and Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF filed by Blue Angel Capital I LLC, (32 in 1:10-cv-04101-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (89 in 1:09-cv-10620-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011 filed by The Republic of Argentina, (357 in 1:07-cv-11327-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina, (294 in 1:07-cv-02693-TPG) MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011 filed by The Republic of Argentina. The court grants defendant's and BASF's motions to vacate the attachment orders. The court denies plaintiffs' motions to confirm the attachment orders. This opinion resolves the motions listed as document numbers 72, 82, 89, 90, and 114 in case 09 Civ. 10620, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 3/22/2012) (lmb) (Entered: 03/22/2012)
ORDER GRANTING SUMMARY JUDGMENT AS TO THE AURELIUS PLAINTIFFS' FIRST CAUSE OF ACTION ONLY: granting in part and denying in part 165 Motion for Summary Judgment, only as to the first cause of action. Aurelius Capital Master, Ltd is is awarded damages in the amount of $19,750,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and ACP Master, Ltd. is awarded damages in the amount of $10,200,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and as further set forth in this document. Until further notice from the Court, Aurelius Capital Master, Ltd. and ACP Master, Ltd. must refrain from selling or otherwise transferring their beneficial interest in the bonds involved in this action without advising the Court in advance and obtaining permission of the Court. (Signed by Judge Thomas P. Griesa on 3/13/2012) (cd) (Entered: 03/14/2012)
NOTICE OF APPEAL from 179 Order,,,,,, 164 Order on Motion for Partial Summary Judgment,,. 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 0208-7259151. (Boccuzzi, Carmine) (Entered: 03/06/2012)
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) (Entered: 03/06/2012)
ORDER: that upon consideration of Plaintiffs' motion, the response of the Republic of Argentina (the "Republic") thereto, Plaintiffs' reply, and all other arguments submitted to the Court in the parties' papers and at oral argument, it is HEREBY ORDERED that: It is DECLARED, ADJUDGED, and DECREED that Plaintiffs are irreparably harmed by and have 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 I (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 Plaintiffs under Paragraph l(c) of the FAA as set forth in Paragraphs 2 (a-F) of this Order. Plaintiffs 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. 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 this ORDER, including, without limitation, by altering or amending the processes or specific transfer mechanisms by which it makes payments on the Exchange Bonds, without prior approval of the Court. (Signed by Judge Thomas P. Griesa on 2/23/2012) (pl) (Entered: 02/23/2012)
REPLY to Response to Motion re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 02/13/2012)
MEMORANDUM OF LAW in Opposition re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 02/01/2012)
DECLARATION of Matias Isasa, Dated February 1, 2012 in Opposition re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 02/01/2012)
DECLARATION of Carmine D. Boccuzzi, Dated February 1, 2012 in Opposition re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G)(Boccuzzi, Carmine) (Entered: 02/01/2012)
DECLARATION of Daniel B. Rapport in Support re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rapport, Daniel) (Entered: 01/13/2012)
MEMORANDUM OF LAW in Support re: 172 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 01/13/2012)
MOTION for Specific Performance of the Equal Treatment Provision. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 01/13/2012)
NOTICE OF APPEAL from 164 Order on Motion for Partial Summary Judgment,,. 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 0208-7099920. (Boccuzzi, Carmine) (Entered: 01/12/2012)
MEMORANDUM OF LAW in Support re: 165 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rieman, Walter) (Entered: 12/24/2011)
DECLARATION of Luc M. Dowling in Support re: 165 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Rieman, Walter) (Entered: 12/24/2011)
DECLARATION of Walter Rieman in Support re: 165 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rieman, Walter) (Entered: 12/24/2011)
MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Rieman, Walter) (Entered: 12/23/2011)
ORDER granting 147 Motion for Partial Summary Judgment filed by ACP Master, Ltd. and Aurelius Capital Master, Ltd.: The motion for partial summary judgment pursuant to Rule 56(a) is GRANTED. The Republic is required under Paragraph 1(c) of the FAA at all times to rank its payment obligations pursuant to Plaintiffs' Bonds at least equally with all the Republic's other present and future unsecured and unsubordinated External Indebtedness, as further set forth on this Order. (Signed by Judge Thomas P. Griesa on 12/13/2011) (ab) (Entered: 12/13/2011)
AMENDED COMPLAINT amending 1 Complaint against The Republic of Argentina.Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd. Related document: 1 Complaint filed by ACP Master, Ltd., Aurelius Capital Master, Ltd. (mro) (Entered: 11/29/2011)
ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINTS: IT IS HEREBY ORDERED that the Republic's Opposition to the NML Motion and all objections and defenses raised therein shall be deemed part of the record in the above-captioned cases for all purposes, including any appeal; IT IS HEREBY FURTHER ORDERED that the NML Reply and all arguments raised therein shall be deemed part of the record in the above-captioned cases for all purposes, including appeal; and IT IS HEREBY FURTHER ORDERED that plaintiffs' Motion for Leave to Amend Complaints is granted. (Signed by Judge Thomas P. Griesa on 11/18/2011) (lmb) (Entered: 11/18/2011)
DECLARATION of Daniel B. Rapport in Support re: 147 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapport, Daniel) (Entered: 11/16/2011)
REPLY MEMORANDUM OF LAW in Support re: 147 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 11/16/2011)
MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pursuant to the Pari Passu Clause, dated November 9, 2011 re: 147 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 11/09/2011)
DECLARATION of Carmine D. Boccuzzi in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pursuant to the Pari Passu Clause, dated November 9, 2011 147 in Opposition. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A-D, # 2 Exhibits E-K, # 3 Exhibits L-M, # 4 Exhibits N-O, # 5 Exhibits P-BB)(Boccuzzi, Carmine) (Entered: 11/09/2011)
RESPONSE re: 149 Rule 56.1 Statement / Response of the Republic of Argentina to Plaintiffs' Statement of Material Facts Pursuant to Local Rule 56.1 in Support of Plaintiffs' Motion for Partial Summary Judgment with Respect to their Claims for Breach of the Pari Passu Clause, dated November 9, 2011. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 11/09/2011)
DECLARATION of Avram Friedman in Support re: 147 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit 1)(Friedman, Edward) (Entered: 10/26/2011)
DECLARATION of Luc M. Dowling in Support re: 147 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit 1)(Friedman, Edward) (Entered: 10/26/2011)
MEMORANDUM OF LAW in Support re: 150 MOTION to Amend/Correct the Complaints.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 10/26/2011)
MEMORANDUM OF LAW in Support re: 147 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Friedman, Edward) (Entered: 10/26/2011)
MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd..(Friedman, Edward) (Entered: 10/26/2011)
REPLY MEMORANDUM OF LAW in Support re: 121 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Ushkow, Michael) (Entered: 10/05/2011)
REPLY MEMORANDUM OF LAW in Support re: 112 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James) (Entered: 10/05/2011)
REPLY MEMORANDUM OF LAW in Support re: 117 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit. Document filed by The Republic of Argentina. (Attachments: # 1 Certificate of Service)(Moore, Christopher) (Entered: 10/05/2011)
CERTIFICATE OF SERVICE of Notice of Citibank's Motion to Vacate Attachment Order, Citibank's Memorandum of Law in Support of Its Motion to Vacate and in Opposition to Plaintiffs' Motion to Confirm the Order of Attachment, Declaration of James L. Kerr in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment with Exhibit A, Declaration of Hugo N. L. Bruzone in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment, and Declaration of Frederico Elewaut in Support of Citibank's Motion to Vacate and Opposition to Plaintiffs' Motion to Confirm the Order of Attachment with Attached Exhibits Al -F served on Edward A. Friedman on September 8, 2011. Document filed by Citibank, N.A.. (Schweigert, Benedict) (Entered: 09/30/2011)
DECLARATION of Daniel B. Rapport in Support re: 96 MOTION to Expedite Discovery from the Republic and BCRA., 99 MOTION to Confirm Order of Attachment.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rapport, Daniel) (Entered: 09/28/2011)
REPLY MEMORANDUM OF LAW in Support re: 96 MOTION to Expedite Discovery from the Republic and BCRA., 99 MOTION to Confirm Order of Attachment.. Document filed by ACP Master, Ltd., Aurelius Capital Master, Ltd.. (Rapport, Daniel) (Entered: 09/28/2011)
AFFIDAVIT OF SERVICE of Notice of Citibank's Motion to Vacate Attachment Order, Citibank's Memorandum of Law in Support of its Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, Declaration of James L. Kerr in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, Declaration of Hugo N.L. Bruzone in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment, and Declaration of Frederico Elewaut in Support of Citibank's Motion to Vacate and in Opposition to Plaintiff's Motion to Confirm the Order of Attachment with Exhibits A-F served on Edward A. Friedman and Charles Platto on September 8, 2011. Document filed by Citibank, N.A.. (Kerr, James) (Entered: 09/23/2011)
CERTIFICATE OF SERVICE of Richard V. Conza on September 16, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/19/2011)
REPLY MEMORANDUM OF LAW in Support re: 82 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/16/2011)
REPLY MEMORANDUM OF LAW in Support re: 81 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning the Instituto Nacional de Tecnologia Agropecuaria's Rice Gene Technology, dated June 30, 2011.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/16/2011)
DECLARATION of /Second Declaration of Claudio Solari, dated July 21, 2011 in Support re: 82 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011.. Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 09/16/2011)
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