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)
393
Filed: 10/20/2014, Entered: None
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 20, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Supplement)(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: 375 Order to Show Cause,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 375 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: 368 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Friedman, Edward) (Entered: 09/26/2014)
DECLARATION of Ronald Mann in Opposition re: 368 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 09/26/2014)
MEMORANDUM OF LAW in Opposition re: 368 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 375 Order to Show Cause,, . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 368 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: 368 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: 368 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 09/22/2014)
MEMORANDUM OF LAW in Support re: 368 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 335 Notice of Appeal, filed by Citibank, N.A., 334 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 14-2724; 14-2728. 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: I, Lawrence S. Robbins, have read and understand the Stipulation and Order Governing Confidential Material dated as of June 30, 2010, in the above-captioned litigation, and I agree to be bound by and comply with its terms. I further agree to be subject to the jurisdiction of the United States District Court for the Southern District of New York in connection with any dispute thereunder. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/21/2014) (ajs) (Entered: 09/22/2014)
NOTICE OF APPEARANCE by Lawrence Saul Robbins on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Robbins, Lawrence) (Entered: 09/11/2014)
NOTICE OF APPEAL from 349 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051758. 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 341 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051681. 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 344 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051641. 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 349 Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003556. 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit)(Friedman, Edward) (Entered: 08/13/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 13, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit)(Friedman, Edward) (Entered: 08/13/2014)
MANDATE of USCA (Certified Copy) as to 245 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4360. 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(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)
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)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated August 4, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Friedman, Edward) (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)
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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 08/01/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 31, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
DECLARATION of Eric J. Finkelstein in Opposition re: 331 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H (part 1), # 9 Exhibit H (part 2))(Friedman, Edward) (Entered: 07/30/2014)
MEMORANDUM OF LAW in Opposition re: 331 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay. . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 07/30/2014)
NOTICE OF APPEAL from 330 Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942321. 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 330 Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941858. 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: 331 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: 331 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 296 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: 296 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 07/28/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 27, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 07/23/2014)
NOTICE OF APPEAL from 263 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910086. 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 319 . 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: 299 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by The Bank of New York Mellon. (Attachments: # 1 Exhibit A - D)(Schaffer, Eric) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 299 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: 296 MOTION for Reconsideration . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 287 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: 269 MOTION for clarification .. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A)(Friedman, Edward) (Entered: 07/21/2014)
MEMORANDUM OF LAW in Opposition re: 269 MOTION for clarification . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 07/21/2014)
DECLARATION of Charles E. Enloe in Opposition re: 299 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Friedman, Edward) (Entered: 07/18/2014)
MEMORANDUM OF LAW in Opposition re: 299 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 07/18/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated 7/18/14 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(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)
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: 269 MOTION for clarification . (Corrected). Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 07/14/2014)
RESPONSE to Motion re: 269 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: 299 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: 299 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: 287 MOTION to Amend/Correct . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 07/10/2014)
MEMORANDUM OF LAW in Support re: 296 MOTION for Reconsideration . . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 07/10/2014)
MOTION for Reconsideration . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 287 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 0208-9858565. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aurelius Capital Master, Ltd.. (Attachments: # 1 Supplement Certificates of Good Standing)(Stancil, Mark) Modified on 7/7/2014 (sdi). (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 July 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated June 26, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 2, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 1, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 07/02/2014)
DECLARATION of Charles E. Enloe in Opposition re: 273 Order on Motion for Miscellaneous Relief,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Friedman, Edward) (Entered: 07/02/2014)
MEMORANDUM OF LAW in Opposition re: 273 Order on Motion for Miscellaneous Relief,, Plaintiffs Opposition to Citibank, N.A.s Motion for Clarification or Modification. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 273 .. 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 219 Motion. (Signed by Judge Thomas P. Griesa on 6/27/2014) (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: 269 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rapport, Daniel) (Entered: 06/26/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated June 26, 2014 Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. 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 #104382 granting 248 Motion to Stay ; granting 253 Motion for Joinder; granting 254 Motion for Joinder; denying 161 Motion to Compel; denying 198 Motion to Compel; denying 201 Motion to Compel. The proceedings in the above-captioned cases are stayed until the Supreme Court renders an opinion in case number 12-842. (Signed by Judge Thomas P. Griesa on 4/18/2014) (tro) Modified on 4/22/2014 (tro). Modified on 5/1/2014 (tro). Modified on 6/2/2014 (ca). (Entered: 04/22/2014)
REPLY MEMORANDUM OF LAW in Support re: 248 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: 254 MOTION for Joinder to the Citi Entities' motion for a stay., 253 MOTION for Joinder to the Citi Entities' Motion for a Stay., 248 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel) (Entered: 04/17/2014)
MEMORANDUM OF LAW in Opposition re: 248 MOTION to Stay. (corrected). Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel) (Entered: 04/10/2014)
DECLARATION of Eric J. Finkelstein in Opposition re: 248 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rapport, Daniel) (Entered: 04/07/2014)
MEMORANDUM OF LAW in Opposition re: 248 MOTION to Stay.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Finkelstein, Eric) (Entered: 04/04/2014)
DECLARATION of Rebecca J. Nelson in Support re: 248 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: 248 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 145 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-926. 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 243 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040853. 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 240 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9010367. 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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, 1211 Avenue of the Americas, 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: 161 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rapport, Daniel) (Entered: 07/17/2013)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 161 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel) (Entered: 07/17/2013)
MANDATE of USCA (Certified Copy) as to 135 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-163. 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)
DECLARATION of Lance Croffoot-Suede in Support re: 176 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: 06/24/2013)
REPLY MEMORANDUM OF LAW in Support re: 176 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: 06/24/2013)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 161 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: 161 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: 172 CROSS 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 Barry J. Glickman in Support re: 194 MOTION to Quash Plaintiffs' 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: 194 MOTION to Quash Plaintiffs' 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: 161 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-K)(Rapport, Daniel) (Entered: 05/27/2013)
REPLY MEMORANDUM OF LAW in Support re: 161 MOTION to Compel Production from Defendant and Non-Party Banks.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 219 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: 219 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: 219 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: 219 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 209 MOTION to Quash Subpoenas, dated December 10, 2012., 201 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: 209 MOTION to Quash Subpoenas, dated December 10, 2012., 201 MOTION to Compel.. Document filed by Euro Bondholders. (Hammel, Jeff) (Entered: 01/07/2013)
MEMORANDUM OF LAW re: 206 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., 198 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: 206 MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., 198 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)
DECLARATION of Daniel B. Rapport in Support re: 201 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Exhibit 31-40, # 5 Exhibit 41-45)(Friedman, Edward) (Entered: 12/21/2012)
MEMORANDUM OF LAW in Support re: 201 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 12/21/2012)
DECLARATION of Robert A. Cohen in Support re: 198 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 198 MOTION to Compel.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 194 MOTION to Quash Plaintiffs' 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: 194 MOTION to Quash Plaintiffs' 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)
MOTION to Quash Plaintiffs' Subpoenas. Document filed by Bank of America, N.A., 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 11/21/2012) (djc) (Entered: 11/27/2012)
ORDER CONCERNING THE MARCH 5, 2012 ORDER re: (140 in 1:10-cv-03970-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) (Entered: 11/27/2012)
REPLY MEMORANDUM OF LAW in Support re: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel) (Entered: 11/20/2012)
MEMORANDUM OF LAW in Opposition re: 136 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: 136 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: 136 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: 136 MOTION for Specific Performance of the Equal Treatment Provision., 181 Declaration,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 176 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: 176 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: 176 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 Bank PLC, Barclays Capital Inc..(Croffoot-Suede, Lance) (Entered: 11/08/2012)
DECLARATION of Rebecca J. Nelson in Support re: 172 CROSS 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: 172 CROSS 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: 172 CROSS 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)
CROSS 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: 149 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: 161 Plaintiffs' Motion to Compel Production. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 11/07/2012)
MEMORANDUM OF LAW in Opposition re: 161 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: 161 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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Stubbs, Emily) (Entered: 10/10/2012)
MOTION to Compel Production from Defendant and Non-Party Banks. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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)
MEMORANDUM OF LAW in Support re: 149 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. (Boccuzzi, Carmine) (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)
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)
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)
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)
MEMORANDUM OF LAW in Support re: 149 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: 149 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)
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: (67 in 1:10-cv-08339-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (47 in 1:10-cv-08339-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (50 in 1:10-cv-04101-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (72 in 1:10-cv-08339-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, (79 in 1:10-cv-04782-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, (75 in 1:10-cv-04101-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, (71 in 1:10-cv-03507-TPG) MOTION to Vacate Order of Attachment. filed by Citibank, N.A., (74 in 1:10-cv-04782-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, (80 in 1:10-cv-04101-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, (49 in 1:10-cv-04782-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (73 in 1:10-cv-01602-TPG) MOTION to Vacate Order of Attachment. filed by Citibank, N.A., (48 in 1:10-cv-03507-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (49 in 1:10-cv-03970-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (44 in 1:10-cv-08339-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (51 in 1:10-cv-03507-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (79 in 1:10-cv-03970-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, (47 in 1:10-cv-04101-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (77 in 1:10-cv-08339-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, (81 in 1:10-cv-03507-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, (53 in 1:10-cv-01602-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (70 in 1:10-cv-04101-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (74 in 1:10-cv-03970-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, (69 in 1:10-cv-03970-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (46 in 1:10-cv-03970-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (76 in 1:10-cv-03507-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, (46 in 1:10-cv-04782-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (78 in 1:10-cv-01602-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, (50 in 1:10-cv-01602-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (69 in 1:10-cv-04782-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (83 in 1:10-cv-01602-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. (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 129 Motion for Summary Judgment, only as to the first cause of action. Aurelius Opportunities Fund II, LLC is awarded damages in the amount of $3,557,000, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law, and Aurelius Capital Master, Ltd. is awarded damages in the amount of $3,299,773, plus all accrued and unpaid interest thereon, including capitalized interest, and prejudgment interest as allowed by law. Until further notice from the Court, Aurelius Opportunities Fund II, LLC and Aurelius Capital 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 143 Order,,,,,, 128 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 0208-7259195. (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: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 02/13/2012)
MEMORANDUM OF LAW in Opposition re: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 02/01/2012)
DECLARATION of Matias Isasa in Opposition re: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 02/01/2012)
DECLARATION of Carmine D. Boccuzzi in Opposition re: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A-F, # 2 Exhibit G)(Moore, Christopher) (Entered: 02/01/2012)
DECLARATION of Daniel B. Rapport in Support re: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 136 MOTION for Specific Performance of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 01/13/2012)
MOTION for Specific Performance of the Equal Treatment Provision. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Text of Proposed Order)(Friedman, Edward) (Entered: 01/13/2012)
NOTICE OF APPEAL from 128 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 0208-7099836. (Boccuzzi, Carmine) (Entered: 01/12/2012)
MEMORANDUM OF LAW in Support re: 129 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rieman, Walter) (Entered: 12/24/2011)
DECLARATION of Luc M. Dowling in Support re: 129 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 129 MOTION for Summary Judgment As To The Aurelius Plaintiffs' First Cause of Action Only.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rieman, Walter) (Entered: 12/23/2011)
ORDER granting 110 Motion for Partial Summary Judgment filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC: 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)
SECOND AMENDED COMPLAINT amending 9 Amended Complaint, against The Republic of Argentina.Document filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. Related document: 9 Amended Complaint, filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd.(mro) (Entered: 11/28/2011)
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: 110 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rapport, Daniel) (Entered: 11/16/2011)
REPLY MEMORANDUM OF LAW in Support re: 110 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 110 . 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 re: 110 . 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: 112 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)
MEMORANDUM OF LAW in Support re: 116 MOTION to Amend/Correct the Complaints.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Rapport, Daniel) (Entered: 10/26/2011)
MOTION to Amend/Correct the Complaints. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Rapport, Daniel) (Entered: 10/26/2011)
NOTICE OF APPEARANCE by Daniel Benjamin Rapport on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Rapport, Daniel) (Entered: 10/26/2011)
DECLARATION of Avram Friedman in Support re: 110 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit 1)(Friedman, Edward) (Entered: 10/26/2011)
DECLARATION of Luc M. Dowling in Support re: 110 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit 1)(Friedman, Edward) (Entered: 10/26/2011)
MEMORANDUM OF LAW in Support re: 110 MOTION for Partial Summary Judgment With Respect to Their Claims for Breach of the Equal Treatment Provision.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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 Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 10/26/2011)
REPLY MEMORANDUM OF LAW in Support re: 83 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: 78 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: 53 MOTION to Confirm Order of Attachment., 50 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 53 MOTION to Confirm Order of Attachment., 50 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (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: 35 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: 34 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: 35 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)
DECLARATION of Carmine D. Boccuzzi, dated September 16, 2011 in Support re: 35 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)
CERTIFICATE OF SERVICE of Reply Declarartion of Mark S. Scott and BASF's Reply Memorandum of Law in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders and in Further Support of Motion to Vacate. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 09/16/2011)
REPLY MEMORANDUM OF LAW in Support re: 59 MOTION to Vacate 16 Order,,,, 15 Order,,,,. and in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 09/16/2011)
DECLARATION of Mark S. Scott in Support re: 59 MOTION to Vacate 16 Order,,,, 15 Order,,,,.. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 09/16/2011)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 9/13/2011 re: The parties have agreed to extend the deadline for the Republic and BASF Corp to reply papers in further support of their respective Motions to Vacate the two ex parte Attachment Orders obtained by plaintiffs on May 16, 2011 from September 14, 2011 to September 16, 2011. We respectfully request that the Court so Order this letter and enter it on the dockets fo the cases listed in Addendum A. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/13/2011) (rdz) (Entered: 09/13/2011)
CERTIFICATE OF SERVICE of Brendan Cyr on September 8, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/09/2011)
MEMORANDUM OF LAW in Support re: 83 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. (Neuhaus, Joseph) (Entered: 09/08/2011)
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. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph) (Entered: 09/08/2011)
MEMORANDUM OF LAW Dated September 8, 2011 in Opposition re 50 and 53 and in Support re 78 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/08/2011)
DECLARATION of Carmine D. Boccuzzi, dated September 8, 2011 in Opposition re 50 and 53 and in Support re 78 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/08/2011)
DECLARATION of Francisco Eggers, dated September 8, 2011 in Opposition re 50 and 53 and in Support re 78 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/08/2011)
DECLARATION of Adrian E. Cosentino, dated August 3, 2011 in Opposition re 50 and 53 and in Support re 78 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 09/08/2011)
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 Citibank at the Federal Reserve Bank of New York, Dated September 8, 2011.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 09/08/2011)
DECLARATION of Federico Elewaut in Support re: 73 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A)(Kerr, James) (Entered: 09/08/2011)
DECLARATION of Hugo N. L. Bruzone in Support re: 73 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Kerr, James) (Entered: 09/08/2011)
DECLARATION of James L. Kerr in Support re: 73 MOTION to Vacate Order of Attachment.. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A)(Kerr, James) (Entered: 09/08/2011)
DECLARATION of Kimberly Hamm - REDACTED in Support of 27 and in Opposition to 35 . in Support re: 35 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., 27 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-L, # 3 Exhibit M-P, # 4 Exhibit Q-V, # 5 Exhibit W-AA)(Hamm, Kimberly) (Entered: 09/08/2011)
STIPULATION AND CONSENT ORDER: Any memoranda of law and other papers in opposition to the Discovery Motion and Motion to Confirm shall be filed and served on or before September 8, 2011; any reply thereto shall be filed and served on or before September 28, 2011; and oral argument with respect to the Discovery Motion and Motion to Confirm shall be heard on a date to be set by the Court that is on or after October 3, 2011. (Responses due by 9/8/2011. Replies due by 9/28/2011.) (Signed by Judge Thomas P. Griesa on 9/1/2011) (ab) (Entered: 09/01/2011)
DECLARATION of Kimberly Hamm in Support of 27 and in Opposition to 35 in Support re: 35 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., 27 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-L, # 3 Exhibit M-P, # 4 Exhibit Q-V, # 5 Exhibit W, # 6 Exhibit X- PART 1, # 7 Exhibit X- PART 2, # 8 Exhibit Y, # 9 Exhibit Z- PART 1, # 10 Exhibit Z- PART 2, # 11 Exhibit AA)(Hamm, Kimberly) (Entered: 08/31/2011)
DECLARATION of Kimberly Hamm in Support of 17 and in Opposition to 34 in Support re: 34 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., 17 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.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A-C)(Hamm, Kimberly) (Entered: 08/31/2011)
REPLY MEMORANDUM OF LAW in Support re: 34 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., 17 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. Memorandum of Law in Opposition to 34 . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 08/31/2011)
REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Vacate /Notice of Motion to Vacate the Ex Parte Attachment Order Concerning U.S. Patents and Patent Applications, dated June 30, 2011., 27 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Memorandum of Law In Opposition to 35 . Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 08/31/2011)
STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows: With respect to the FRBNY Subpoena, the date to respond or object to the request for documents is adjourned from August 15 to August 29, 2011, and the date for testimony is adjourned sine die. With respect to the Citibank Subpoena, the date to respond or object to the request for documents is adjourned from August 15 to August 29, 2011, and the date for testimony is adjourned sine die. Any memoranda of law and other papers in opposition to the Discovery Motion and Motion to Confirm shall be filed and served on or before September 1, 2011; any reply thereto shall be filed and served on or before September 21, 2011; and oral argument with respect to the Discovery Motion and Motion to Confirm shall be heard on a date to be set by the Court that is on or after September 22, 2011. Nothing herein shall constitute a waiver of sovereign immunity nor consent to personal or subject matter jurisdiction. Set Deadlines/Hearing as to (392 in 1:07-cv-02715-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (395 in 1:07-cv-02715-TPG) MOTION to Confirm Order of Attachment, (374 in 1:07-cv-11327-TPG) MOTION to Confirm Order of Attachment, (371 in 1:07-cv-11327-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (308 in 1:07-cv-02693-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (311 in 1:07-cv-02693-TPG) MOTION to Confirm Order of Attachment, (96 in 1:09-cv-08757-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (99 in 1:09-cv-08757-TPG) MOTION to Confirm Order of Attachment, (107 in 1:09-cv-10620-TPG) MOTION to Confirm Order of Attachment, (104 in 1:09-cv-10620-TPG) MOTION to Expedite Discovery from the Republic and BCRA, (53 in 1:10-cv-01602-TPG) MOTION to Confirm Order of Attachment, (50 in 1:10-cv-01602-TPG) MOTION to Expedite Discovery from the Republic and BCRA:( Responses due by 9/1/2011, Replies due by 9/21/2011.) (Signed by Judge Thomas P. Griesa on 8/19/2011) (mro) (Entered: 08/22/2011)
CERTIFICATE OF SERVICE of BASF's Motion to Vacate the Ex Parte Attachment Orders; Declaration of S. Alyssa Young in Opposition to Plaintiffs' Motion to Confirm the Ex Parte Attachment Orders and in Support of Motion to Vacate; Declaration of Mark S. Scott; Declaration of Alyson Emanuel; BASF's Memorandum of Law in Opposition to Plaintiffs' Motions to Confirm the Ex Parte Attachment Orders and In Support of Motion to Vacate. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 08/17/2011)
MEMORANDUM OF LAW in Support re: 59 MOTION to Vacate 16 Order,,,, 15 Order,,,,. and in Opposition to Plaintiffs' Motions to Confirm the Ex Parte Attachment Orders. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 08/17/2011)
DECLARATION of Alyson Emanuel in Support re: 59 MOTION to Vacate 16 Order,,,, 15 Order,,,,.. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 08/17/2011)
DECLARATION of Mark S. Scott in Support re: 59 MOTION to Vacate 16 Order,,,, 15 Order,,,,.. Document filed by BASF Corporation. (Young, S. Alyssa) (Entered: 08/17/2011)
DECLARATION of S. Alyssa Young in Support re: 59 MOTION to Vacate 16 Order,,,, 15 Order,,,,.. Document filed by BASF Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E (Filed Under Seal), # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G (Filed Under Seal), # 8 Exhibit H (Filed Under Seal))(Young, S. Alyssa) (Entered: 08/17/2011)
CERTIFICATE OF SERVICE of Notice of Motion to Confirm Order of Attachment and supporting papers served on Federal Reserve Bank of New York on 8/9/11. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Stubbs, Emily) (Entered: 08/09/2011)
BRIEF in Support of Plaintiffs' Application for Order of Attachment. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 08/08/2011)
MEMORANDUM OF LAW in Support re: 53 MOTION to Confirm Order of Attachment.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 08/08/2011)
MOTION to Confirm Order of Attachment. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 08/08/2011)
DECLARATION of Daniel B. Rapport in Support re: 50 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rapport, Daniel) (Entered: 08/08/2011)
MEMORANDUM OF LAW in Support re: 50 MOTION to Expedite Discovery from the Republic and BCRA.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Friedman, Edward) (Entered: 08/08/2011)
MOTION to Expedite Discovery from the Republic and BCRA. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Friedman, Edward) (Entered: 08/08/2011)
STIPULATION AND ORDER: 1. BASF shall have until August 17, 2011 to (a) serve papers in response to plaintiffs' "Motion to Confirm 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," dated May 17, 2011, and plaintiffs' "Motion to Confirm the Attachment Orders Against the Republic's Property Interests in United States Patents," dated May 23, 2011 (together, the "Motions to Confirm"); and/or (b) move to vacate the Attachment Orders obtained by plaintiffs on May 16,2011; 2. Plaintiffs shall have until August 31, 2011 to serve reply papers in further support of their Motions to Confirm, and to serve papers in response to the Republic's Motions to Vacate filed on June 30, 2011 and any papers filed by BASF on August 17, 2011; The Republic and BASF shall have until September 14, 2011 to serve reply papers in further support of their respective Motions to Vacate, if any. Pursuant to Rule 1.E of the Court's individual practices, the undersigned counsel for plaintiffs and the Republic represent that this is the second request for an extension of the briefing schedule for these Motions and that such request is being made in order to allowBASF to be heard in connection with these Motions. The first request for an extension of the briefing schedule was granted. (Signed by Judge Thomas P. Griesa on 7/22/2011) (mbe) Modified on 8/24/2011 (ae). (Entered: 07/22/2011)
DECLARATION of Carmine D. Boccuzzi [REDACTED] in Opposition re 17 and in Support re 34 . Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A through E, # 2 Exhibits F through J)(Boccuzzi, Carmine) (Entered: 07/06/2011)
CERTIFICATE OF SERVICE of Brendan Cyr on June 30, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 07/01/2011)
DECLARATION of Carmine D. Boccuzzi in Opposition re 27 and in Support re 35 . Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 06/30/2011)
DECLARATION of Carmine D. Boccuzzi in Opposition re 17 and in Support re 34 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/30/2011)
DECLARATION of Enrique Mario Martinez in Opposition re 27 and in Support re 35 . Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 06/30/2011)
DECLARATION of Faustino Sineriz in Opposition re 27 and in Support re 35 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/30/2011)
DECLARATION of Rodolfo Ariel Blasco in Opposition re 27 and in Support re 35 . Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 06/30/2011)
DECLARATION of Claudio Solari in Opposition re 27 and in Support re 35 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/30/2011)
DECLARATION of Adolfo Luis Cerioni in Opposition re 17 and 27 and in Support re 34 and 35 . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/30/2011)
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: 06/30/2011)
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: 06/30/2011)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated 6/24/2011 re: Counsel for the Republic requests that Your Honor instruct the Clerk of the Court to designate the following four non-ECF cases as ECF cases: 07cv2715, 07cv2693, 09cv10620, 10cv1602. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/28/2011) (tro) (Entered: 06/28/2011)
STIPULATION AND ORDER. The Republic shall have until June 30, 2011 to (a) serve papers in response to plaintiffs' "Motion to Confirm 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," dated May 17, 2011, and plaintiffs' "Motion to Confirm the Attachment Orders Against the Republic's Property Interests in United States Patents," dated May 23, 2011 (together, the "Motions to Confirm"); and (b) move to vacate the Attachment Orders obtained by plaintiffs on May 16, 2011 (the "Motion to Vacate"); Plaintiffs shall have until July 29, 2011 to serve reply papers, if any, in further support of their Motions to Confirm, and to serve papers in response to the Republic's Motion to Vacate; The Republic shall have until August 12, 2011 to serve reply papers, if any, in further support of its Motion to Vacate, and as further set forth. (Signed by Judge Thomas P. Griesa on 6/7/11) (rjm) (Entered: 06/07/2011)
ORDER MODIFYING AUTHORITY OF RECEIVER APPOINTED MAY 16, 2011. IT IS HEREBY ORDERED that this Order modifying the scope of the Receiver's authority provided in the May 16 Order shall apply nunc pro tunc and operate as an extension of the May 16 Order, so that the priority of the plaintiffs in the above-captioned actions (the "Aurelius Plaintiffs" or "Plaintiffs") will be protected under the provisions of the N.Y. C.P.L.R. FURTHER ORDERED that the powers and authority of Bart M. Schwartz, as Receiver provided in the May 16 Order while the merits of this action concerning certain US Patent Interests are pending, are hereby revised and replaced in their entirety with the following as further specified in this order. (Signed by Judge Thomas P. Griesa on 5/31/11) (rjm) (Entered: 06/01/2011)
NOTICE OF APPEARANCE by Kimberly Ann Hamm on behalf of Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC (Hamm, Kimberly) (Entered: 05/24/2011)
DECLARATION of Barry R. Ostrager in Support re: 27 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A (Part 1 of 3), # 2 Exhibit A (Part 2 of 3), # 3 Exhibit A (Part 3 of 3), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P)(Ostrager, Barry) (Entered: 05/23/2011)
MEMORANDUM OF LAW in Support re: 27 MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 05/23/2011)
MOTION to Approve the Attachment Orders Against the Republic's Property Interests in United States Patents. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Ostrager, Barry) (Entered: 05/23/2011)
MEMORANDUM OF LAW in Opposition to the Aurelius Plaintiffs' Order to Show Cause to Appoint a Receiver and for Expedited Discovery, dated May 19, 2011 re 14 . Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 05/19/2011)
DECLARATION of Sara A. Sanchez, dated May 19, 2011 (with Exhibits A through M) re 14 in Opposition. Document filed by The Republic of Argentina. (Moore, Christopher) (Entered: 05/19/2011)
AFFIDAVIT OF SERVICE of Multiple Documents served on Multiple parties on 5/16/2011. Service was accepted by Multiple People. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 05/18/2011)
DECLARATION of Barry R. Ostrager in Support re: 14 Order to Show Cause,,,,,. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A - Part 1 of 3, # 2 Exhibit A - Part 2 of 3, # 3 Exhibit A - Part 3 of 3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q)(Ostrager, Barry) (Entered: 05/18/2011)
MEMORANDUM OF LAW in Support re: 14 Order to Show Cause,,,,, - Memorandum of Law in Support of the Aurelius Plaintiffs' Motion by Order to Show Cause for Attachment Orders and the Appointment of a Receiver to Seize and Liquidate the Republic's Property Interests in United States Patents. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 05/18/2011)
MEMORANDUM OF LAW in Support re: 16 Order,,,, - Memorandum of Law in Support of the Aurelius Plaintiffs' Motion by Order to Show Cause for an Attachment Order Directed at Royalty/Licensing Fees the Republic is Entitled to Receive From BASF. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 05/18/2011)
DECLARATION of Barry R. Ostrager in Support re: 17 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.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E-F, # 6 Exhibit G-I, # 7 Exhibit J, # 8 Exhibit K-L, # 9 Exhibit M-R)(Ostrager, Barry) (Entered: 05/17/2011)
MEMORANDUM OF LAW in Support re: 17 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.. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC. (Ostrager, Barry) (Entered: 05/17/2011)
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. Document filed by Aurelius Capital Master, Ltd., Aurelius Opportunities Fund II, LLC.(Ostrager, Barry) (Entered: 05/17/2011)
ATTACHMENT ORDER. IT IS HEREBY ORDERED that the Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or post-judgment attachment or order pursuant to 28 U.S.C. § 1610(c) following entry of a judgment for the Plaintiffs in the Pending Aurelius and/or Blue Angel Actions; and IT IS FURTHER ORDERED that the amount to be secured by this Order is $1,168,014,352, the sum of (a) the original principal amounts claimed in the Pending Aurelius and Blue Angel Actions, (b) the amount of prejudgment interest that Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC calculate they are owed as of May 13, 2011 in those Actions, and (c) the Final Judgment amount in favor of the Post-Judgment Plaintiffs in the Post-Judgment Actions, plus post-judgment interest on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. § 1961; IT IS FURTHER ORDERED that opposing papers if any are to be served upon counsel for Plaintiffs, Susan M. Cordaro, Esq., Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm) (Entered: 05/17/2011)
ATTACHMENT ORDER. IT IS HEREBY ORDERED that the Plaintiffs' motion for an order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or post-judgment attachment or order pursuant to 28 U.S.C. § 1610(c) following entry of a judgment for the Plaintiffs in the Pending Aurelius and/or Blue Angel Actions; and IT IS FURTHER ORDERED that the amount to be secured by this Order is $1,168,014,352, the sum of (a) the original principal amounts claimed in the Pending Aurelius and Blue Angel Actions, (b) the amount of prejudgment interest that Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, and Blue Angel Capital I LLC calculate they are owed as of May 13, 2011 in those Actions, and (c) the Final Judgment amount in favor of the Post-Judgment Plaintiffs in the Post-Judgment Actions, plus post-judgment interest on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. § 1961; IT IS FURTHER ORDERED that opposing papers if any are to be served upon counsel for Plaintiffs, Susan M. Cordaro, Esq., Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm) (Entered: 05/17/2011)
ORDER TO SHOW CAUSE AND APPOINTING RECEIVER. LET THE DEFENDANT HEREIN SHOW CAUSE, before Judge Thomas P. Griesa, Room 268, at the United States Courthouse located at 500 Pearl Street, New York, on the 20th day of May, 2011 at noon, or as soon thereafter as counsel may be heard, why plaintiffs in the above-captioned actions (the "Aurelius Plaintiffs" or "Plaintiffs") should not be granted for the following relief: (a) An order appointing Bart M. Schwartz as Receiver, pursuant to N.Y. C.P.L.R. Section 5228, (b) Limited expedited discovery, pursuant to Fed. R. Civ. P. 26 and 69 and N.Y. C.P.L.R. 5223 and 5224, and such other and further relief as this Court may deem necessary and appropriate under the circumstances. Order Appointing A Receiver Pending the hearing referred to above. It is ordered that pursuant to 28 U.S.C. § 1610, Fed. R. Civ. P. 64 and 69, and N.Y. C.P.L.R. §§ 5228(a), 5234(c) and 5240, Bart M. Schwartz is hereby appointed as Receiver with respect to the US Patent Interests and to effectuate the Attachment Order entered by the Court contemporaneously herewith, and as further set forth. Show Cause Hearing set for 5/20/2011 at 12:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 5/16/11) (rjm) Modified on 5/17/2011 (rjm). (Entered: 05/17/2011)
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 10/19/2010) (jpo) (Entered: 10/21/2010)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Thomas P. Griesa on 7/1/10) (pl) (Entered: 07/02/2010)
AFFIDAVIT OF SERVICE BY HAND of Summons and Complaint. Service was accepted by Mr. Roberto H. Barrientos on 3/1/10. Document filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. (mro) (Entered: 04/12/2010)
AMENDED COMPLAINT amending 1 Complaint against The Republic of Argentina.Document filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd.. Related document: 1 Complaint filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd..(rdz) (Entered: 04/05/2010)
AFFIDAVIT OF SERVICE BY HAND of Summons and Complaint. The Republic of Argentina served on 3/1/2010, answer due 3/22/2010. Service was accepted by Mr. Roberto H. Barrientos, the Vice President at Banco de la Nacion Argentina. Service was made by By Hand. Document filed by Aurelius Opportunities Fund II, LLC; Aurelius Capital Master, Ltd. (tro) (Entered: 04/02/2010)
NOTICE OF APPEARANCE by Susan Marie Cordaro on behalf of Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. (Cordaro, Susan) (Entered: 03/24/2010)
NOTICE OF APPEARANCE by Laura Denise Murphy on behalf of Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. (Murphy, Laura) (Entered: 03/24/2010)
NOTICE OF APPEARANCE by Tyler Brooks Robinson on behalf of Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. (Robinson, Tyler) (Entered: 03/24/2010)
NOTICE OF APPEARANCE by Barry Robert Ostrager on behalf of Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd. (Ostrager, Barry) (Entered: 03/24/2010)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Aurelius Capital International, Ltd. as Corporate Parent. Document filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd.(ama) (Entered: 03/03/2010)
COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 895561)Document filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd.(ama) (Entered: 03/03/2010)
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. Th is 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: (67 in 1:10-cv-08339-TPG) MOTION to Vacate Order of Attachment filed by Citiba nk, N.A., (47 in 1:10-cv-08339-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (50 in 1:10-cv-04101-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (72 in 1:10-cv-08339-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, (79 in 1:10-cv-04782-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 fil ed by Banco Central de la Republica Argentina, (75 in 1:10-cv-04101-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, (71 in 1:10-cv-03507-TPG) MOTION to Vacate Order of Attachment. filed by Citibank, N.A., (74 in 1:10-cv-04782-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 Re public of Argentina, (80 in 1:10-cv-04101-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 Argenti na, (49 in 1:10-cv-04782-TPG) MOTION to Confirm Order of Attachment filed by Blue Angel Capital I LLC, (73 in 1:10-cv-01602-TPG) MOTION to Vacate Order of Attachment. filed by Citibank, N.A., (48 in 1:10-cv-03507-TPG) MOTION to Expedite Dis covery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (49 in 1:10-cv-03970-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (44 in 1:10-cv-08339-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (51 in 1:10-cv-03507-TPG) MOTION to Confirm Order of Attachment filed by Aurel ius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (79 in 1:10-cv-03970-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 file d by Banco Central de la Republica Argentina, (47 in 1:10-cv-04101-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (77 in 1:10-cv-08339-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, (81 in 1:10-cv-03507-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, (53 in 1:10-cv-01602-TPG) MOTION to Confirm Order of Attachment filed by Aurelius Opportunities Fund II, LLC, Aure lius Capital Master, Ltd., (70 in 1:10-cv-04101-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (74 in 1:10-cv-03970-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Qua sh 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, (69 in 1:10-cv-03970-TPG) MOTION to Vacate Order of Attachmen t filed by Citibank, N.A., (46 in 1:10-cv-03970-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (76 in 1:10-cv-03507-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, (46 in 1:10-cv-04782-TPG) MOTION to Expedite Discovery from the Republic and BCRA filed by Blue Angel Capital I LLC, (78 in 1:10-cv-01602-TPG) MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and V acate 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, (50 in 1:10-cv-01602-TPG) MOTION to Expedite Dis covery from the Republic and BCRA filed by Aurelius Opportunities Fund II, LLC, Aurelius Capital Master, Ltd., (69 in 1:10-cv-04782-TPG) MOTION to Vacate Order of Attachment filed by Citibank, N.A., (83 in 1:10-cv-01602-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. (Signed by Judge Thomas P. Griesa on 3/28/2012) (rjm)
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