STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiffs in the above-captioned actions and Defendant the Republic of Argentina (being all of the parties to these actions), that any and all claims asserted in the above-captioned actions shall be and are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and without costs, disbursements or fees to either side. SO ORDERED. The Republic of Argentina, The Republic of Argentina and The Republic of Argentina terminated. (Signed by Judge Thomas P. Griesa on 4/25/2016) (kl) Modified on 4/25/2016 (kl). (Entered: 04/25/2016)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Republic of Argentina and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Olifant Fund, LTD..(Carroll, Robert) (Entered: 04/25/2016)
ORDER: On March 2, 2016, the court granted the Republic of Argentina's motion to vacate the pari passu injunctions upon the occurrence of two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. Some plaintiffs appealed that March 2 vacatur order. On April 13, 2016, the Court of Appeals heard oral argument on the appeal and affirmed the vacatur order from the bench. The Court of Appeals then issued a written order, holding that this court did not abuse its discretion in ordering that the injunctions would be vacated upon satisfaction of the two conditions precedent. Aurelius Capital Master, Ltd. v. Republic of Argentina, No. 16-628, sum. order at 21 (2d Cir. Apr. 15, 2016). The Court of Appeals also noted that, at the time the Republic certifies it has satisfied the conditions precedent, this court should "take steps... to determine whether the conditions have indeed been met." Id. The Republic now certifies that it has satisfied the conditions precedent. In support of certification, the Republic submits two sworn declarations. The first is the declaration of Undersecretary of Finance Santiago Bausili, which shows that the Republic has repealed all legislative obstacles to settlement, including the Lock Law and the Sovereign Payment Law. The second is the declaration of Matthew Dukes, Director of Deutsche Bank Securities, which lists the settlement payments made to every plaintiff that entered into an agreement in principle by February 29, 2016. For each payment, the Dukes declaration confirms the plaintiffs name, settlement amount, and Fedwire reference number. Having carefully reviewed the Republic's submissions, the court now finds that the conditions precedent have been met. Accordingly, the injunctions are vacated in all cases. All stipulations of dismissal are to be filed with the court no later than 2:00 p.m. on April 25, 2016. (Signed by Judge Thomas P. Griesa on 4/22/2016) (tro) (Entered: 04/22/2016)
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 22, 2016 re: notifying the Court that the Republic has satisfied the two conditions precedent to vacatur of the injunctions pursuant to this Court's March 2, 2016 Opinion and Order. Document filed by The Republic of Argentina. (Attachments: # 1 Declaration of Santiago Bausili with Exhibits, # 2 Declaration of Matthew Dukes, # 3 Exhibit to Dukes Declaration)(tro) (Entered: 04/22/2016)
ORDER: IT IS HEREBY ORDERED that: Argentina shall identify promptly all series of Exchange Bonds to be paid by BNY Mellon under the Indenture (the "Exchange Bonds Payments"), listing for each series the interest to be paid and the interest per $1000 or euro 1000 (as applicable) principal amount of each series of Exchange Bonds. Upon the fulfillment of the two conditions precedent referenced in the March 2 Order vacating the Injunctions, Argentina is authorized and directed to perform all of its obligations under the Indenture including, without limitation, payment of all fees, expenses and other amounts owed or payable to BNY Mellon thereunder. Upon determination by this Court that the two conditions precedent referenced in the March 2 Order have been met and receipt of the information set forth in the preceding paragraph, BNY Mellon is authorized and directed to distribute amounts received from Argentina, including, without limitation, the funds which Argentina transferred into BNY Mellon's accounts at Banco Central de la Republica Argentina on June 26, 2014, in accordance with the Indenture. The record date for purposes of such payments shall be the fifth Business Day (as defined in the Indenture) after this Court determines that the two conditions precedent referenced in the March 2 Order have been met and the payment date of such amounts shall be no later than 15 days following such record date, as Argentina shall instruct BNY Mellon with no less than three Business Days written notice, and payments shall be made to Holders (as defined in the Indenture) of record as of the close of business on the record date. In accordance with the Indenture, such payments shall be prefunded by 1:00 p.m. local time on the Business Day (as defined in the Indenture) prior to the Payment Date. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 4/19/2016) (kl) (Entered: 04/19/2016)
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 19, 2016 re: requesting that the Court issue the Proposed Order attached hereto as Exhibit A. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A--Proposed Order)(Paskin, Michael) (Entered: 04/19/2016)
MANDATE of USCA (Certified Copy) as to 320 Notice of Appeal, filed by Olifant Fund, LTD.. USCA Case Number 16-0628(L). Ordered, Adjudged and Decreed that the opinion and Order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/15/2016.(nd) (Entered: 04/15/2016)
ORDER of USCA (Certified Copy) as to 320 Notice of Appeal, filed by Olifant Fund, LTD.. USCA Case Number 16-0628(L). On April 13, 2016, the Court heard oral argument in this consolidated expedited appeal taken from an order of the district court entered March 2, 2016. IT IS HEREBY ORDERED that the order of the district court is affirmed. A further order will follow in due course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/14/2016. (nd) (Entered: 04/14/2016)
ORDER: After signing an Agreement in Principle on February 29, 2016, the Republic of Argentina and the captioned plaintiffs have jointly requested that the court order the settlement payment mechanism outlined in Addendum A. The Republic has signed agreements in principle with many plaintiffs that could result in settlements in various actions before this court. The settlements in all cases in the Argentina debt litigation present the court with extraordinary circumstances because the settlements are "of critical importance to the economic health of a nation." See EM Ltd. v. Republic of Argentina, 131 F. App'x 745, 747 (2d Cir. 2005). Any attempt to attach, restrain, or otherwise encumber funds intended for settlement of any action would be contrary to the public interest. See id. (recognizing this court's considerable discretion to deny attachment and restraint of funds "connect[ed] with a restructuring of Argentina's public debt to be accomplished through an issuance of new bonds"); Capital Ventures Int'l v. Republic of Argentina, 443 F.3d 214, 222-23 (2d Cir. 2006) (suggesting that this court could, in "extraordinary circumstances," exercise its discretion to deny attachments that are "against the public interest"); Capital Ventures Int'l v. Republic of Argentina, 652 F.3d 266, 273 (2d Cir. 2011) (again suggesting that this court could deny attachments that might impede a "deal [that] will have a substantial effect on [the Republic's] finances or its ability to access the capital markets"). Accordingly, the court now "so orders" the payment mechanism outlined in Addendum A. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/15/2016) (Attachments: # 1 Exhibit)(kl) (Entered: 03/15/2016)
ORDER of USCA (Certified Copy) as to 320 Notice of Appeal, filed by Olifant Fund, LTD. USCA Case Number 16-650. Appellants move to stay enforcement of the District Court's March 2, 2016 order pending resolution of the above-captioned appeals. Appellees consent to the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 03/11/2016. Certified: 03/11/2016.(nd) (Entered: 03/11/2016)
NOTICE OF APPEAL from 318 Memorandum & Opinion,,,,. Document filed by Olifant Fund, LTD.. Filing fee $ 505.00, receipt number 0208-12027275. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Carroll, Robert) (Entered: 03/03/2016)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 3, 2016 re: follow up and supplement to Mr. Friedman's letter dated March 2, 2016. Document filed by Olifant Fund, LTD..(Carroll, Robert) (Entered: 03/03/2016)
OPINION AND ORDER: The court appreciates the arguments presented by all parties who spoke at yesterday's hearing. And the court does not take lightly the decision to lift the injunctions. But, ultimately, circumstances have changed so significantly as to render the injunctions inequitable and detrimental to the public interest. For the reasons outlined in the Indicative Ruling and this order, the court grants the Republic's motions to vacate the injunctions in all actions upon the occurrence of the two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 3/2/2016) (Attachments: # 1 RULE 62.1 INDICATIVE RULING)(kl) (Entered: 03/02/2016)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 2, 2016 re: Further Response to the Letter from the Republic of Argentina dated February 25, 2016. Document filed by Olifant Fund, LTD..(Carroll, Robert) (Entered: 03/02/2016)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 3/1/2016 re: request that Your Honor so order this letter directing the clerk's office to take all necessary steps to withdraw Mr. Newman's Declaration from the docket of the above-captioned cases in which it was electronically filed. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 3/1/2016) (kl) (Entered: 03/01/2016)
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 29, 2016 re: enclosing Memorandum of Law in Support of Defendant the Republic of Argentina's Motion for the Entry of Final Orders Conditionally Lifting the Pari Passu Injunctions. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit 1)(Paskin, Michael) (Entered: 02/29/2016)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 289 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Attachments: # 1 Third Supplemental Declaration of Michael A. Paskin, # 2 Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 3 Exhibit 1 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 4 Exhibit 2 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 5 Exhibit 3 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 6 Exhibit 4 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 7 Exhibit 5 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 8 Exhibit 6 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 9 Exhibit 7 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 10 Exhibit 8 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 11 Exhibit 9 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, # 12 Text of Proposed Order)(Paskin, Michael) (Entered: 02/29/2016)
DECLARATION of Robert A. Cohen in Opposition re: 289 Order to Show Cause,,,,. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Proposed Order)(Carroll, Robert) (Entered: 02/29/2016)
RESPONSE of The Bank of New York Mellon to Motion of The Republic of Argentina Seeking to Vacate Injunctions. Document filed by The Bank of New York Mellon. (Schaffer, Eric) (Entered: 02/29/2016)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated February 29, 2016 re: Letter Motion from M. Paskin dated 2/25/2016 re: Vacatur of Injunction. Document filed by Euro Bondholders. (Attachments: # 1 Exhibit A)(Clark, Christopher) (Entered: 02/29/2016)
ORDER: Certain plaintiffs have requested an adjournment of the hearing presently scheduled for 1:30 p.m. on March 1, 2016. In light of the circumstances underlying this litigation, it is desirable for all parties to know the court's disposition with respect to the injunctions and to arrive at a prompt resolution so that any order may be reviewed by the Court of Appeals. All plaintiffs have had notice of the Republic of Argentina's motion to vacate the injunctions in all cases since February 11, 2016. Many plaintiffs have already submitted voluminous briefs on this issue, both in this court and in the Court of Appeals. And, as outlined in the court's February 25 scheduling order, the parties may file further briefing, if they wish, by noon on February 29, 2016. Before this court issues any formal order on the Republic's motion to vacate, all parties will have had a meaningful opportunity to be heard both orally and in written briefs. The hearing will take place at 1:30 p.m. on March 1, 2016. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/26/2016) (kl) (Entered: 02/26/2016)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated February 25, 2016 re: Scheduling Order entered February 25, 2016. Document filed by Olifant Fund, LTD..(Carroll, Robert) (Entered: 02/26/2016)
ORDER: On February 19, 2016, this court issued a Rule 62.1 Indicative Ruling. The Court of Appeals remanded the above-captioned actions after hearing argument on February 24, 2016. The Court of Appeals also instructed the Republic of Argentina to file a motion requesting that this court formally enter the Indicative Ruling as an order, giving notice of the motion to all parties, and affording those parties an opportunity to be heard in this court. The Republic of Argentina has now filed such a motion. The court will hear argument on the motion in these actions at 1:30 p.m. on March 1, 2016. Any party wishing to submit further papers may do so by noon on February 29, 2016. SO ORDERED. (Oral Argument set for 3/1/2016 at 01:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/25/2016) (kl) (Entered: 02/25/2016)
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 25, 2016 re: entry of the Republic's motions and requesting that this Court hold a hearing on the Republic's Motions to Vacate the Injunctions Entered by this Court on November 21, 2012, and October 30, 2015. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A)(Paskin, Michael) (Entered: 02/25/2016)
MANDATE of USCA (Certified Copy) as to 237 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-1060-cv(L). The Republic of Argentina has moved to dismiss with prejudice all of the appeals consolidated respectively under 15-1060(L) and 15-3675(L) in order to allow the district court, upon motion, to enter the order indicated in its indicative ruling of February 19, 2016. Plaintiffs-appellees in 15-3675(L) have moved to refer certain motions on that docket to this panel. Following review of the parties submissions in support of and opposition to dismissal and referral, as well as oral argument, the motion to refer appellants motion for remand is GRANTED, but that motion for remand is now reviewed as a motion to dismiss with prejudice consistent with Argentinas amendment at argument. The two pending motions to dismiss with prejudice are GRANTED pursuant to the parties agreement, confirmed in open court, as follows: 1. Before the indicative ruling is formally entered as an order, Argentina will file a motion in the district court seeking such relief, giving notice of the motion to all parties, and affording them an opportunity to be heard in the district court. 2. Argentina agrees to a stay of up to two weeks of any district court order formalizing the indicative ruling so that parties opposing the order can file a notice of appeal within two business days and seek a further stay of the order from a motions panel of this court pending appeal. Any such appeals will be consolidated for review by this court, and any party seeking a stay is hereby excused from further requirements of Fed. R. App. P. 8. Jurisdiction over these cases is hereby returned to the district court with the parties agreement to the aforestated conditions, which contemplate that the district court will enter no order formalizing its indicative ruling except on a motion from Argentina, with notice to all parties and an opportunity to be heard, and that any order will be stayed for up to two weeks. All other pending motions on both dockets are hereby DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/24/2016. (nd) (Entered: 02/25/2016)
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 19, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: # 1 EM Limited and Montreux Submissions)(Hernandez, Damaris) (Entered: 02/19/2016)
REPLY MEMORANDUM OF LAW in Support re: 289 Order to Show Cause,,,, . Document filed by The Republic of Argentina. (Attachments: # 1 Second Supplemental Declaration of Michael A. Paskin, # 2 Supplemental Declaration of Santiago Bausili)(Hernandez, Damaris) (Entered: 02/19/2016)
DECLARATION of Michael A. Paskin in Support re: 289 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Paskin, Michael) (Entered: 02/17/2016)
LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 12, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: # 1 EM Limited and Montreux Submissions)(Paskin, Michael) (Entered: 02/12/2016)
DECLARATION of Santiago Bausili in Support re: 289 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) (Entered: 02/11/2016)
DECLARATION of Michael A. Paskin in Support re: 289 Order to Show Cause,,,,. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibits A-K)(Paskin, Michael) (Entered: 02/11/2016)
ORDER TO SHOW CAUSE: It is hereby: ORDERED that Plaintiffs show cause on or before February 18, 2016, why an order should not be entered pursuant to Federal Rules of Civil Procedure 54(b), 60(b)(5) and/or 60(b)(6) vacating the injunction entered in this matter on November 21, 2012, without further action of the Court, upon the occurrence of the following conditions precedent. ORDERED that the Court's electronic filing of this Order by ECF in the above-captioned actions shall be deemed good and sufficient service and notice thereof; and it is further ORDERED that Plaintiffs' papers in response to this Order shall be filed by February 16, 2016, at noon and any reply papers shall be filed by February 18, 2016, at noon. (As further set forth in this Order) Show Cause Response due by 2/16/2016. (Signed by Judge Thomas P. Griesa on 2/11/2016) (Additional attachment(s) added on 2/11/2016: # 1 Exhibit 1) (kl) Modified on 2/11/2016 (kko). Modified on 2/11/2016 (kko). Modified on 2/16/2016 (kko). (Entered: 02/11/2016)
ORDER granting 286 Letter Motion for Oral Argument. Oral argument of non-parties respective motions to Quash Subpoenas filed on 10/23/2015 and Plaintiff's Motion to Compel filed on 10/5/2015 is scheduled for December 17, 2015 at 1:30pm. So Ordered. (Signed by Judge Thomas P. Griesa on 11/23/2015) (kl) (Entered: 11/25/2015)
JOINT LETTER MOTION for Oral Argument on the Banks' respective oppositions to Plaintiffs' Motion to Compel and in support of their respective Motions to Quash addressed to Judge Thomas P. Griesa from Paul B. Carberry dated November 18, 2015. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A., Deutsche Bank AG New York Branch, J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Carberry, Paul) (Entered: 11/18/2015)
REPLY MEMORANDUM OF LAW in Support re: 266 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas. . Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) (Entered: 11/18/2015)
REPLY AFFIRMATION of Philippe Zimmerman in Support re: 266 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas.. Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) (Entered: 11/18/2015)
REPLY MEMORANDUM OF LAW in Support re: 275 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order. . Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) (Entered: 11/18/2015)
REPLY MEMORANDUM OF LAW in Support re: 270 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order . . Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Carberry, Paul) (Entered: 11/18/2015)
REPLY MEMORANDUM OF LAW in Support re: 261 MOTION to Compel Deutsche Bank, JP Morgan, and BBVA to produce documents . (Redacted). Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 11/09/2015)
DECLARATION of Andrew N. Keen in Support re: 275 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) (Entered: 10/23/2015)
MEMORANDUM OF LAW in Support re: 275 CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order. and in Opposition to Plaintiff's Motion to Compel. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Feit, Gregory) (Entered: 10/23/2015)
CROSS MOTION to Quash Plaintiff's May 5, 2015 Subpoena and for Protective Order. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Feit, Gregory) (Entered: 10/23/2015)
MEMORANDUM OF LAW in Support re: 270 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order . and in Opposition to Plaintiffs' Motion to Compel 261 . Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) (Entered: 10/23/2015)
DECLARATION of Bernardo A. Iriberri in Support re: 270 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order .. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) (Entered: 10/23/2015)
DECLARATION of Krister Holm in Support re: 270 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order .. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) (Entered: 10/23/2015)
DECLARATION of Paul B. Carberry in Support re: 270 CROSS MOTION to Quash Subpoena served on BBVA. MOTION for Protective Order .. Document filed by BBVA Compass Bancshares, Inc., BBVA Securities, Inc., Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: # 1 Exhibit A)(Caruso, Kenneth) (Entered: 10/23/2015)
CROSS MOTION to Quash Subpoena served on BBVA., MOTION for Protective Order . Document filed by Banco Bilbao Vizcaya Argentaria, S.A., BBVA Compass Bancshares, Inc., BBVA Securities, Inc..(Caruso, Kenneth) (Entered: 10/23/2015)
MEMORANDUM OF LAW in Support re: 266 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas. and in Opposition to Plaintiffs' Motion to Compel Production. Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) (Entered: 10/23/2015)
DECLARATION of Bernardo A. Iriberri in Support re: 266 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas.. Document filed by Deutsche Bank AG New York Branch. (Zimmerman, Philippe) (Entered: 10/23/2015)
DECLARATION of Philippe Zimmerman in Support re: 266 CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas.. Document filed by Deutsche Bank AG New York Branch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Zimmerman, Philippe) (Entered: 10/23/2015)
CROSS MOTION to Quash /Deutsche Bank Entities' Notice of Cross-Motion to Quash And/Or Limit Subpoenas. Document filed by Deutsche Bank AG New York Branch.(Zimmerman, Philippe) (Entered: 10/23/2015)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Daniel B. Rapport dated 10/9/2015 re: request that the Court so-order the proposed schedule. ENDORSEMENT: APPROVED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/13/2015) (kl) (Entered: 10/13/2015)
MEMORANDUM OF LAW in Support re: 261 MOTION to Compel Deutsche Bank, JP Morgan, and BBVA to produce documents . . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 10/05/2015)
MOTION to Compel Deutsche Bank, JP Morgan, and BBVA to produce documents . Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 10/05/2015)
NOTICE OF CHANGE OF ADDRESS by Andrea Likwornik Weiss on behalf of JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Weiss, Andrea) (Entered: 08/24/2015)
NOTICE OF CHANGE OF ADDRESS by Howard B. Levi on behalf of JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Levi, Howard) (Entered: 08/18/2015)
MEMO ENDORSEMENT on re: (256 in 1:10-cv-09587-TPG) Letter request regarding extension of time to August 27, 2015 for the Republic to answer amended complaint, etc, filed by The Republic of Argentina; re: (606 in 1:09-cv-08757-TPG) Letter request regarding extension of time to August 27, 2015 for the Republic to answer amended complaint, etc, filed by The Republic of Argentina; re: (810 in 1:08-cv-06978-TPG) Letter request regarding extension of time to August 27, 2015 for the Republic to answer amended complaint, etc, filed by The Republic of Argentina. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/3/2015) (kl) (Entered: 08/03/2015)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated July 31, 2015 re: agreed to extension of time to August 27, 2015 for the Republic to answer amended complaint, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 07/31/2015)
AMENDED COMPLAINT amending 1 Complaint against The Republic of Argentina.Document filed by Olifant Fund, LTD.. Related document: 1 Complaint filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 07/20/2015)
ORDER granting 239 Motion to Amend/Correct Plaintiff's Notice of Motion for Leave to Amend and Supplement Complaints. Plaintiffs in these actions have filed motions for leave to amend and supplement their complaints. The court hereby grants the motions in light of the liberal standard for amending and supplementing the pleadings. See Federal R. Civ. P. 15(a)(2) and (d). The amendments are not brought in bad faith or unduly delayed, and they would not be unduly prejudicial or futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). (Signed by Judge Thomas P. Griesa on 7/16/2015) (kl) (Entered: 07/16/2015)
ORDER: On July 6, 2015 and July 8, 2015, non-parties Deutsche Bank, Fintech Advisory, Inc., and others wrote letters to the court requesting a pre-motion discovery conference pursuant to Rule 2(A) of the undersigned's individual rules of practice and Local Civil Rule 37.2. The court hereby waives the requirement for a pre-motion discovery conference. The non-parties may file their discovery motions, and the court will consider the matters raised in due course. (Signed by Judge Thomas P. Griesa on 7/14/2015) (kl) (Entered: 07/14/2015)
LETTER addressed to Judge Thomas P. Griesa from Philippe Zimmerman dated July 6, 2015 re: Pre-Motion Letter. Document filed by Deutsche Bank AG New York Branch. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zimmerman, Philippe) (Entered: 07/06/2015)
REPLY MEMORANDUM OF LAW in Support re: 239 MOTION to Amend/Correct Plaintiff's Motion for Leave to Amend and Supplement Complaint. . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 06/08/2015)
MEMORANDUM OF LAW in Opposition re: 239 MOTION to Amend/Correct Plaintiff's Motion for Leave to Amend and Supplement Complaint. dated May 29, 2015 (REDACTED). Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 06/01/2015)
245
Filed: 6/1/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/01/2015)
DECLARATION of Elizabeth M. Hanly in Opposition re: 239 MOTION to Amend/Correct Plaintiff's Motion for Leave to Amend and Supplement Complaint.. Document filed by The Republic of Argentina. (Attachments: # 1 Exhibit A-C)(Boccuzzi, Carmine) (Entered: 05/29/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated May 28, 2015 re: Facilitation of Settlement. Document filed by Euro Bondholders. (Attachments: # 1 Exhibit -- Exhibits A-C)(Clark, Christopher) (Entered: 05/28/2015)
MEMORANDUM OF LAW in Support re: 239 MOTION to Amend/Correct Plaintiff's Motion for Leave to Amend and Supplement Complaint. . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 05/11/2015)
MOTION to Amend/Correct Plaintiff's Motion for Leave to Amend and Supplement Complaint. Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 05/11/2015)
MANDATE of USCA (Certified Copy) as to 188 Notice of Appeal filed by The Republic of Argentina. The Appellees move to dismiss these appeals for lack of jurisdiction. Upon due consideration, it is hereby ORDERED that Appellees' motions are GRANTED and the appeals are DISMISSED. We conclude that a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291, and the collateral order doctrine does not apply to this appeal. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467-69 (1978); Blue Ridge Investments, L.L.C. v. Republic of Argentina,735 F.3d 72, 80-81 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/28/2015. (nd) (Entered: 04/28/2015)
NOTICE OF APPEAL from 225 Memorandum & Opinion,,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10784737. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 04/06/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 25, 2015 Document filed by Olifant Fund, LTD..(Carroll, Robert) (Entered: 03/26/2015)
ORDER: It is hereby ORDERED that: Absent further order of this Court or confirmation that a Ratable Payment has been or is being made in compliance with the Amended February 23, 2012 Orders of the Court (the "Injunction"), Euroclear will not process any payments received from any source, including but not limited to Nacion Fideicomisos S.A. and Caja de Valores, in respect of any bonds subject to the Injunction, and will hold any such payments in suspension pending a ruling from this Court on their proper disposition, and; Before any bonds subject to the Injunction and held by Euroclear or a Euroclear depositary or nominee are transferred from Euroclear or a Euroclear depositary or nominee, or the custodial location of such bonds is changed, Euroclear shall provide notice of the proposed transfer, including but not limited to the date of the proposed transfer, the identity of the proposed transferee and other particulars regarding the transfer that are known to Euroclear, to Plaintiffs' counsel at least thirty days in advance of the proposed transfer, except that if it is not reasonably practicable for Euroclear to provide such notice at least thirty days in advance through no fault of Euroclear, Euroclear will provide the notice as soon as reasonably practicable. Should Euroclear violate the terms of this Order, Plaintiffs shall be free to compel prompt compliance with the above-referenced Subpoenas, and to seek any other just and proper relief against Euroclear as to which they may be entitled, subject to any and all rights or defenses Euroclear may have. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/25/2015) (kl) (Entered: 03/25/2015)
STIPULATION AND ORDER: It is hereby STIPULATED and AGREED: Citibank waives and foregoes any and all (i) rights of appeal with respect to the Court's July 28, 2014 Order, March 12, 2015 Opinion and Order, and March 16, 2015 Order; and (ii) rights to seek a stay, without the consent of plaintiffs in the above-captioned actions ("Plaintiffs"), from any court with respect to any part of the July 28, 2014 Order, the March 12, 2015 Opinion and Order, or the Injunction. The U.S. Dollar Argentine Law Exchange Bonds bear International Security Identification Numbers ("ISINs") ARARGE03E097, ARARGE03E113, ARARGE03G704, ARARGE03G688, and ARARGE03E154. If the Republic of Argentina (the "Republic") pays some or all of the March 31, 2015 interest payment on the U.S. Dollar Argentine Law Exchange Bonds with ISINs ARARGE03E097 and ARARGE03G704, without making a Ratable Payment as defined in the Injunction, and Citibank Argentina receives a portion of such payment on behalf of its customers (approximately $3.7 million), Citibank Argentina may process that payment in the ordinary course. Such permission shall only apply to Citibank Argentina, and shall not apply to any other party or participant in the payment process on such bonds. Citibank Argentina shall, no later than March 27, 20I5, provide to customers whose holdings account for at least 85% of the U.S. Dollar Argentine Law Exchange Bonds being held in custody by Citibank Argentina as of March 20, 2015 whatever notice may be required to terminate Citibank Argentina's custody relationship with such customers. By June 1, 2015, Citibank Argentina shall have either (1) reached an agreement with all customers whose holdings as of March 20, 2015 include U.S. Dollar Argentine Law Exchange Bonds to amend the terms of their custody agreements to exclude U.S. Dollar Argentine Law Exchange Bonds from the scope of Citibank Argentina's custody services, (2) sent termination notices to any such customers who have refused to amend the terms of their custody agreements, such that the required notice period for termination shall have expired prior to September 30, 2015, or (3) with respect to any such customers who have not agreed to amend the terms of their custody agreements and have not been sent termination notices, entered into an agreement in principle with one or more buyers to sell those portions of Citibank Argentina's custody business that include such customers' accounts (the "June 1 Requirement"), as further set forth herein. (Signed by Judge Thomas P. Griesa on 3/20/2015) (mro) (Entered: 03/23/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 17, 2015 Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 03/17/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 17, 2015 re: response to Anthony J. Costantini's March 6, 2015 letter to the Court. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 03/17/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 17, 2015 re: Request for Conference. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A)(Wagner, Karen) (Entered: 03/17/2015)
ORDER: Citibank, N.A. has written the court requesting a stay of the court's opinion and order of March 12, 2015. The March 12th Opinion and Order upheld an earlier order which clarified that the injunction issued in this case prohibits Citibank from processing payments on the dollar-denominated exchange bonds governed by Argentine law. The court has received plaintiff's response to Citibank's request, and has also received additional submissions from both sides. Having considered all the arguments, and having also considered all factors pertinent to obtaining a stay, the court does not believe that a stay of the March 12th Opinion and Order is warranted. Therefore, Citibank's request for a stay of the March 12th Opinion and Order is hereby denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/16/2015) (kl) (Entered: 03/16/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 16, 2015 Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 03/16/2015)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated March 13, 2015 Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 03/14/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 13, 2015 re: Response to Plaintiffs' Letter dated 3/13/2015. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A)(Wagner, Karen) (Entered: 03/13/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 12, 2015 re: Request a Stay of the Enforcement of the Opinion and Order Entered 3/12/2015. Document filed by Citibank, N.A.. (Attachments: # 1 Text of Proposed Order (Proposed Order))(Wagner, Karen) (Entered: 03/12/2015)
OPINION #105312: Citibank and the Republic have advanced three primary arguments in support of vacating the July 28th Order: (1) the exchange bonds governed by Argentine law should not be subject to the Injunction because they are not 5 "external indebtedness" of the Republic; (2) Citibank's Argentine branch should not be considered a "participant in the payment process" and therefore its dealings in Argentina should not implicate the Injunction; and (3) principles of comity weigh in favor of vacating the July 28th Order. As discussed, the operative paragraphs of the Injunction do not speak in terms of "external indebtedness," and as a result, Citibanks participation in making payments on exchange bonds is prohibited. This is true whether or not the exchange bonds are external indebtedness. Thus, payment on these exchange bonds would violate the Equal Treatment Provision of the FAA, providing an additional reason as to why the Injunction applies. Citibank is not an exchange bondholder, but rather a financial institution that processes payments initiated by the Republic and intended for and terminating with exchange bondholders. To rule otherwise, this court would have to adopt an overly narrow and technical reading of the term "participants," one at odds with the clear language of the Injunction and at odds with the court's intent in fashioning that Injunction. Comity does not suggest abrogating those judgments, or creating exceptions to the Injunction designed to enforce them. Rather, comity suggests that the Republic not penalize third parties, like Citibank, who must observe the orders of United States courts. For the reasons given above, the court denies Citibank's motion, by order to show cause, to vacate the July 28th Order. (Signed by Judge Thomas P. Griesa on 3/12/2015) (kl) Modified on 3/13/2015 (ca). (Entered: 03/12/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated March 6, 2015 re: March 3, 2015 Hearing before the Court. Document filed by Citibank, N.A.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Wagner, Karen) (Entered: 03/06/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 3, 2015 re: Proposal Regarding Holdout Claims. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 03/03/2015)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated March 3, 2015 re: Update on Judgment in English Proceeding. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 03/03/2015)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated 3/2/15 re: on behalf of Citibank in advance of tomorrow's hearing to respond to the points raised in Plaintiffs' letter of February 26, 2015, as well as the new arguments they made in their supplemental brief. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wagner, Karen) (Entered: 03/02/2015)
IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned See attached caption list. The date for which such authorization is provided is March 3, 2015. 1. Robert A. Cohen - iPhone, iPad. 2. Matthew McGill - iPhone and laptop computer. 3. Christopher Leach - iPhone and laptop computer. 4. Daniel Rapport - Cell Phone. 5. Edward Friedman - Cell Phone. 6. Marc G. Farris - iPhone, laptop computer. 7. Kevin Reed - iPhone. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/24/2015) (ajs) (Entered: 02/24/2015)
MEMORANDUM OF LAW in Support re: 160 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) (Entered: 02/17/2015)
DECLARATION of Federico Elewaut in Support re: 160 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 02/17/2015)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 160 Order to Show Cause, Set Deadlines,,,,,,,, . Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 02/17/2015)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 161 Memorandum of Law in Support, 160 Order to Show Cause, Set Deadlines,,,,,,,, 162 Declaration in Support . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 02/17/2015)
MEMORANDUM OF LAW of Amicus Curiae The Clearing House Association L.L.C. in Support of Non-Party Citibank, N.A.. Document filed by The Clearing House Association L.L.C.. (Neuhaus, Joseph) (Entered: 02/11/2015)
ORDER granting 206 Motion to File Amicus Brief. On February 9, 2015, The Clearing House Association L.L.C. filed a motion requesting leave to submit a brief, as amicus curiae, on whether the Amended February 23, 2012 Injunction should apply to Citibank, N.A. and its processing of payments on certain bonds known as the Argentine Law Bonds. The motion is granted. The court accepts The Clearing House Association L.L.C.'s brief as amicus curiae. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/11/2015) (ajs) (Entered: 02/11/2015)
ORDER: Supplemental briefs on the order to show cause listed as document number 669 in case number 08-CV-6978 are currently due on February 16, 2015 at 2:00 PM. Because that day is a federal holiday, the deadline is extended until February 17, 2015 at 2:00 PM. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/9/2015) (ajs) (Entered: 02/09/2015)
MOTION to File Amicus Brief in Support of Non-Party Citibank, N.A.. Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Exhibit Brief of Amicus Curiae The Clearing House Association L.L.C. In Support of Non-Party Citibank, N.A.)(Neuhaus, Joseph) (Entered: 02/09/2015)
STIPULATION AND ORDER: It is hereby STIPULATED AND AGREED by counsel for Plaintiffs and for Euroclear, and ORDERED by the Court, that Euroclear shall produce the following documents to Plaintiffs, on or before February 10, 2015, to the extent they are in its possession, custody, or control (all capitalized terms have the meanings given to them by the Subpoena), as set forth within. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/20/2015) (ajs) (Entered: 01/20/2015)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated January 20, 2015 re: Stiplation and Proposed Order between Plaintiffs and Euroclear Bank SA/NV. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order amongst Plaintiffs and Euroclear Bank SA/NV)(Lesser, Leonard) (Entered: 01/20/2015)
MEMO ENDORSEMENT on re: (465 in 1:09-cv-01708-TPG) Letter filed by JPMorgan Chase Bank, N.A., (415 in 1:10-cv-01602-TPG) Letter filed by JPMorgan Chase Bank, N.A., (220 in 1:10-cv-05338-TPG) Letter filed by JPMorgan Chase Bank, N.A., (395 in 1:10-cv-04782-TPG) Letter filed by JPMorgan Chase Bank, N.A., (537 in 1:09-cv-08757-TPG) Letter filed by JPMorgan Chase Bank, N.A., (389 in 1:10-cv-03970-TPG) Letter filed by JPMorgan Chase Bank, N.A., (416 in 1:10-cv-04101-TPG) Letter filed by JPMorgan Chase Bank, N.A., (392 in 1:10-cv-03507-TPG) Letter filed by JPMorgan Chase Bank, N.A., (532 in 1:09-cv-10620-TPG) Letter filed by JPMorgan Chase Bank, N.A., (202 in 1:10-cv-09587-TPG) Letter filed by JPMorgan Chase Bank, N.A., (462 in 1:09-cv-01707-TPG) Letter filed by JPMorgan Chase Bank, N.A., (391 in 1:10-cv-08339-TPG) Letter filed by JPMorgan Chase Bank, N.A., (730 in 1:08-cv-06978-TPG) Letter filed by JPMorgan Chase Bank, N.A., re: Withdrawal of counsel. ENDORSEMENT: Approved. Attorney Alan Howard Scheiner terminated. (Signed by Judge Thomas P. Griesa on 1/16/2015) (ajs) (Entered: 01/16/2015)
LETTER addressed to Judge Thomas P. Griesa from Alan H. Scheiner dated 1/15/2015 re: Withdrawal. Document filed by JPMorgan Chase Bank, N.A..(Scheiner, Alan) (Entered: 01/15/2015)
ORDER: On November 10, 2014, the court, inter alia, deferred the hearing scheduled on the order to show cause listed as document number 669 in case number 08-CV-6978. The court now directs that: (1) the hearing on this matter be held on March 3, 2015 at 2:00 PM; and (2) the parties and non-party Citibank, N.A. shall file supplemental briefs, if any, by February 16, 2015 at 2:00 PM. SO ORDERED. (Show Cause Hearing set for 3/3/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 1/6/2015) (ajs) (Entered: 01/06/2015)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 8, 2014 re: Letter Dated 12-5-2014. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Letter Dated 12-5-2014)(Carroll, Robert) (Entered: 12/09/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated December 8, 2014 re: Letter Dated 12-5-2014. Document filed by Olifant Fund, LTD..(Carroll, Robert) (Entered: 12/09/2014)
ORDER denying 74 Motion. Pending before the Court is the fully briefed June 29, 2014 "Emergency Motion for Clarification" filed by the non-party "Euro Bondholders" (as defined in the "Notice of Emergency Motion for Clarification"), seeking an order concerning the Court's Amended February 23, 2012 Order, dated November 21, 2012 (the "Injunction"). Specifically, the Euro Bondholders ask for an order clarifying that the Injunction does not apply to certain third parties that process payments on Exchange Bonds, as defined in the Injunction. The Court declines to grant the requested order. To do so would start making important exceptions to the basic ruling and Injunction, which was issued by the Court and affirmed by the Court of Appeals for the Second Circuit. Motion denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/25/2014) (ajs) (Entered: 11/25/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 25, 2014 re: response to the November 22, 2014 letter from Plaintiff NML Capital Ltd. (Dkt. #721). Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 11/25/2014)
LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated November 22, 2014 re: Emergency Motion for Clarification Filed by the Euro Bondholders. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Text of Proposed Order)(Carroll, Robert) (Entered: 11/24/2014)
ORDER RE: JPMCB (US DOLLAR DENOMINATED, ARGENTINE LAW BONDS): IT IS HEREBY ORDERED that: 1. JPMCB is allowed to effectuate the December 31, 2014 Interest Payment in respect of the U.S. Dollar-denominated Bonds by transferring the funds received in respect of that payment whether or not received from Citibank or a Downstream Recipient. 2. Any other person or entity in the payment chain of the December 31, 2014 Interest Payment on the U.S. Dollar-denominated Bonds, to and including the holders of beneficial interests, that receives a portion of the funds constituting the December 31, 2014 Interest Payment is permitted to transfer such funds. This permission applies only to payments due December 31, 2014 in respect of the U.S. Dollar denominated Bonds with ISINs ARARGE03E113 and ARARGE03G688. (See Order.) (Signed by Judge Thomas P. Griesa on 11/24/2014) (ajs) (Entered: 11/24/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 19, 2014 re: response to the letter dated November 6, 2014 filed by counsel to the Republic of Argentina. Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 11/19/2014)
LETTER addressed to Judge Thomas P. Griesa from Andrea Likwornik Weiss dated 11/19/2014 re: Proposed Order. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of Proposed Order)(Weiss, Andrea) (Entered: 11/19/2014)
MANDATE of USCA (Certified Copy) as to 151 Notice of Appeal filed by Euro Bondholders, 158 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2922 (L). The Republic of Argentina, Euro Bondholders, and Fintech Advisory, Inc., appeal from the August 6, 2014 order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) clarifying that the Bank of New York Mellon ("BNY") was not in violation of the District Courts Amended February 23, 2012 Order. We conclude that this Court lacks jurisdiction because the Order appealed from is a clarification, not a modification, of the Amended February 23, 2012 Order. See Weight Watchers Int'l, Inc. v. Luigino's, Inc., 423 F.3d 137, 141 (2d Cir. 2005) ("An order reconsidering or interpreting a preliminary injunction... is not appealable."). The injunction, as issued, already prohibited BNY from assisting Argentina in evading its terms, and the Orders language concerning BNY's liability does not enjoin third parties, such as Euro Bondholders or Fintech, from bringing suit against BNY. Accordingly, the Order neither expands nor modifies the existing injunction. It is hereby ORDERED that the above appeals are CONSOLIDATED and DISMISSED for lack of jurisdiction. The motions to expedite, to enter certain briefing schedules, and to intervene are DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/17/2014. (nd) (Entered: 11/18/2014)
ORDER: The Court will further defer the hearing on Citibank's September 22, 2014 motion by order to show cause to vacate the Court's July 28, 2014 order or to modify the injunction contained in that order, or for a stay of that Order (the "Motion") now scheduled for December 9, 2014, and will defer the date for briefs (now scheduled for November 21, 2014), to dates to be set after January 1, 2015, and will allow Citibank to process the December 31, 2014 interest payment, approximately $85 million, that it receives on the U.S. Dollar denominated Argentine law bonds, ISINs ARARGE03E113 and ARARGE03G688, and will further allow Citibank's downstream recipients to receive and process their respective portions of such payment. In the interim, it is the Court's direction that the parties and non-parties served with discovery related to the Motion cooperate in the production of relevant documents and information, so that the Court will have the benefit of a complete and accurate record in resolving the Motion. (Signed by Judge Thomas P. Griesa on 11/10/2014) (tn) (Entered: 11/10/2014)
LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 7, 2014 re: notification pursuant to November 6, 2014 order in Knighthead Master Fund LP v. The Bank of New York Mellon (2014). Document filed by Euro Bondholders.(Clark, Christopher) (Entered: 11/07/2014)
LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi dated November 6, 2014 re: response to Robert Cohen's October 8th letter, etc.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) (Entered: 11/06/2014)
NOTICE OF APPEAL from 180 Order,,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10273585. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 11/03/2014)
AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: To further facilitate settlement of litigation in re: Argentina Debt Litigation, the court hereby grants the Special Master, Daniel A. Pollack, previously appointed to conduct and preside over settlement negotiations in the above-captioned cases, with authority, in his sole discretion and at a time or times to be determined by him, to add to those cases some or all of such additional cases as are pending before this court in this matter. In recognition of the complexities created by adding such additional cases, the court hereby confirms that the Special Master shall have broad authority to structure the arrangements for such negotiations, as between and among the plaintiffs, as he shall determine in his sole discretion best suited to effect settlement of litigation with the defendant, the Republic of Argentina. In all other respects the Order of Appointment of June 23, 2014 is hereby reaffirmed and re-issued. Daniel A. Pollack appointed Special Master. (Signed by Judge Thomas P. Griesa on 11/3/2014) (tro) Modified on 11/3/2014 (tro). (Entered: 11/03/2014)
MANDATE of USCA (Certified Copy) as to 121 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 14-2647. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/31/2014. (nd) (Entered: 11/03/2014)
ORDER: The hearing on the order to show cause listed as document number 669 in civil case number 08-CV -6978 is hereby adjourned until December 9, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/24/2014) (ajs) (Entered: 10/24/2014)
MANDATE of USCA (Certified Copy) as to 157 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3302. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2014. (tp) (Entered: 10/23/2014)
MANDATE of USCA (Certified Copy) as to 156 Notice of Appeal filed by The Republic of Argentina USCA Case Number 14-3436. Appellant moves for voluntary dismissal of this appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2014. (tp) (Entered: 10/23/2014)
ORDER: The court directs that: (1) the parties and non-party Citibank, N.A. file supplemental briefs, if any, on the order to show cause listed as document number 669 in this case by November 21, 2014; and (2) that a hearing be held on the matter on December 2, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/22/2014) (ajs) (Entered: 10/22/2014)
LETTER addressed to Judge Thomas P. Griesa from Karen E. Wagner dated 10/17/2014 re: Requesting that the Court Establish a Schedule for a Hearing. Document filed by Citibank, N.A..(Wagner, Karen) (Entered: 10/21/2014)
AMENDED AND SUPPLEMENTAL ORDER: On September 29, 2014, pursuant to an order to show cause, the court held a hearing, at the conclusion of which it found that the Republic of Argentina was in civil contempt of court. The reasons for this finding were stated on the record. The court now reaffirms this finding, and incorporates it by reference in this order. Pursuant to Local Civil Rule 83.6(c), a finding of contempt should include a statement of conditions the performance of which will operate to purge the contempt. The court believes that it is clear what such conditions are. The Republic of Argentina will need to reverse entirely the steps which it has taken constituting the contempt, including, but not limited to, re-affirming the role of The Bank of New York Mellon as the indenture trustee and withdrawing any purported authorization of Nacion Fideicomisos, S.A. to act as the indenture trustee, and complying completely with the February 23, 2012 injunction. The current order amends and supplements the order of September 29, 2014. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/3/2014) (ajs) (Entered: 10/06/2014)
MEMO ENDORSEMENT on PROPOSED ORDER HOLDING DEFENDANT THE REPUBLIC OF ARGENTINA IN CIVIL CONTEMPT. ENDORSEMENT: Not signed. (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs) (Entered: 10/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 2, 2014 Document filed by Olifant Fund, LTD.. (Attachments: # 1 Exhibit Legal Notice, # 2 Exhibit Proposed Order)(Lesser, Leonard) (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)
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: 167 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 Ronald Mann in Opposition re: 160 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (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)
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: 160 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: 160 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: 160 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 09/22/2014)
MEMORANDUM OF LAW in Support re: 160 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 133 Notice of Appeal, filed by The Republic of Argentina, 134 Notice of Appeal, filed by Citibank, N.A. USCA Case Number 14-2701; 14-2704. 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)
NOTICE OF APPEAL from 146 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051777. 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 140 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051716. 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 142 Order,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-10051567. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) (Entered: 08/29/2014)
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 re: this Court's Amended February 23, 2012 Orders. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Carroll, Robert) (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) (Additional attachment(s) added on 8/15/2014: # 5 H-I, # 6 J-L, # 7 M-O, # 8 P i, # 9 P ii, # 10 P iii - Q) (rjm). (Entered: 08/15/2014)
NOTICE OF APPEAL from 146 Order,,. Document filed by Euro Bondholders. Filing fee $ 505.00, receipt number 0208-10003781. 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)
MANDATE of USCA (Certified Copy) as to 66 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 13-4272. 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)
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)
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)
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 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)
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 Olifant Fund, LTD.. (Attachments: # 1 Text of Proposed Order)(Lesser, Leonard) (Entered: 08/01/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 31, 2014 Document filed by Olifant Fund, LTD.. (Attachments: # 1 Text of Proposed Order)(Lesser, Leonard) (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)
MEMORANDUM OF LAW in Opposition re: 130 MOTION to Stay --Non-Parties Euro Bondholders' Emergency Motion for Stay. . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 07/30/2014)
NOTICE OF APPEAL from 129 Order on Motion for Reconsideration,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number 0208-9942359. 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 129 Order on Motion for Reconsideration,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9941874. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) (Entered: 07/29/2014)
MEMORANDUM OF LAW in Support re: 130 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: 130 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 98 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: 98 MOTION for Reconsideration re; 78 Order on Motion for Miscellaneous Relief,, .. 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 re: letter from Carmine D. Boccuzzi dated July 27, 2014 (ECF Docket No. 124). Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 07/28/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 27, 2014 re: July 23 letter from Karen Wagner, counsel to Citibank, N.A.. Document filed by Olifant Fund, LTD..(Lesser, Leonard) (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)
NOTICE OF APPEAL from 70 Order,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-9910159. 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 116 . Document filed by The Republic of Argentina. (Blackman, Jonathan) (Entered: 07/21/2014)
DECLARATION of Evan K. Farber in Support re: 100 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: 100 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)
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. (Blackman, Jonathan) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for Reconsideration re; 78 Order on Motion for Miscellaneous Relief,, . . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 07/21/2014)
REPLY MEMORANDUM OF LAW in Support re: 89 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: 74 MOTION for clarification .. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Exhibit A)(Lesser, Leonard) (Entered: 07/18/2014)
DECLARATION of Charles E. Enloe in Opposition re: 100 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders.. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lesser, Leonard) (Entered: 07/18/2014)
MEMORANDUM OF LAW in Opposition re: 100 MOTION of Non-Party Bank of New York Mellon, as Indenture Trustee, for Clarification of the Amended February 23, 2012 Orders. . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 07/18/2014)
MEMORANDUM OF LAW in Opposition re: 98 MOTION for Reconsideration re; 78 Order on Motion for Miscellaneous Relief,, . . Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 07/17/2014)
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: 74 MOTION for clarification . (Corrected). Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 07/14/2014)
RESPONSE to Motion re: 74 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: 100 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: 100 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)
RESPONSE in Opposition to Motion re: 89 MOTION to Amend/Correct ., 74 MOTION for clarification . . Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 07/10/2014)
MOTION for Reconsideration re; 78 Order on Motion for Miscellaneous Relief,, . Document filed by Olifant Fund, LTD.. (Attachments: # 1 Text of Proposed Order)(Lesser, Leonard) (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: 89 MOTION to Amend/Correct .. Document filed by Clearstream Banking, S.A.. (Vassos, John) (Entered: 07/07/2014)
LETTER addressed to Judge Thomas P. Griesa from 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 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)
MEMORANDUM OF LAW in Opposition re: 57 MOTION Clarification of November 21, 2012 Orders. Memorandum of Law in Opposition to Citibank's Renewed Motion for Clarification of the Amended February 23, 2012 Orders [DKT Nos 78, 79, 80]. Document filed by Olifant Fund, LTD.. (Lesser, Leonard) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 2, 2014 re: Bank of New York. Document filed by Olifant Fund, LTD..(Lesser, Leonard) (Entered: 07/02/2014)
LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated July 1, 2014 re: Bank of New York. Document filed by Olifant Fund, LTD.. (Attachments: # 1 Exhibit Proposed Order)(Lesser, Leonard) (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)
MEMORANDUM OF LAW in Support of Citibank N.A.'s Renewed Motion by Order to Show Cause for Clarification or Modification 78 . 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 57 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: 74 MOTION for clarification .. Document filed by Euro Bondholders. (Clark, Christopher) (Entered: 06/29/2014)
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)
MANDATE of USCA (Certified Copy) as to 28 Notice of Appeal, filed by The Republic of Argentina USCA Case Number 12-916. 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 65 Order,,,,,,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number 0208-9040883. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Blackman, Jonathan) (Entered: 11/01/2013)
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 denying 42 Motion to Compel; denying 45 Motion to Compel; granting 48 Motion to Quash; granting 51 Motion to Quash. 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. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/27/2013) (ama) (Entered: 09/27/2013)
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: 57 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: 57 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: 57 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: 57 MOTION Clarification of November 21, 2012 Orders.. Document filed by Citibank, N.A.. (Wagner, Karen) (Entered: 05/22/2013)
DECLARATION of Jeff G. Hammel in Support re: 45 MOTION to Compel Intervening Bondholders to Comply with Subpoenas., 51 MOTION to Quash Subpoenas, dated December 10, 2012.. Document filed by Euro Bondholders. (Attachments: # 1 Exhibit --Exhibits A-J)(Hammel, Jeff) (Entered: 01/07/2013)
MEMORANDUM OF LAW in Support re: 45 MOTION to Compel Intervening Bondholders to Comply with Subpoenas., 51 MOTION to Quash Subpoenas, dated December 10, 2012.. Document filed by Euro Bondholders. (Hammel, Jeff) (Entered: 01/07/2013)
MEMORANDUM OF LAW re: [48] MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., [42] MOTION to Compel Cleary Gottlieb Steen & Hamilton LLP to Produce all Documents Responsive to the Subpoena to Produce Documents and to Testify at a Deposition in a Civil Action.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Carmine D. Boccuzzi, dated January 2, 2013 re: [48] MOTION to Quash Subpoena, dated November 26, 2012 of Cleary Gottlieb Steen & Hamilton LLP , dated January 2, 2013., [42] MOTION to Compel Cleary Gottlieb Steen & Hamilton LLP to Produce all Documents Responsive to the Subpoena to Produce Documents and to Testify at a Deposition in a Civil Action.. Document filed by The Republic of Argentina. (Attachments: # (1) Exhibits A-L, # (2) Exhibits M-W)(Boccuzzi, Carmine)
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)
DECLARATION of Daniel B. Rapport in Support re: [45] MOTION to Compel Intervening Bondholders to Comply with Subpoenas.. Document filed by Olifant Fund, LTD.. (Attachments: # (1) Exhibit Exhibits 1 through 10, # (2) Exhibit Exhibits 11 through 20, # (3) Exhibit Exhibits 21 through 30, # (4) Exhibit Exhibits 31 through 40, # (5) Exhibit Exhibits 41 through 45)(Lesser, Leonard)
MEMORANDUM OF LAW in Support re: [45] MOTION to Compel Intervening Bondholders to Comply with Subpoenas.. Document filed by Olifant Fund, LTD.. (Lesser, Leonard)
DECLARATION of Robert A. Cohen in Support re: [42] MOTION to Compel Cleary Gottlieb Steen & Hamilton LLP to Produce all Documents Responsive to the Subpoena to Produce Documents and to Testify at a Deposition in a Civil Action.. Document filed by Olifant Fund, LTD.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Carroll, Robert)
MEMORANDUM OF LAW in Support re: [42] MOTION to Compel Cleary Gottlieb Steen & Hamilton LLP to Produce all Documents Responsive to the Subpoena to Produce Documents and to Testify at a Deposition in a Civil Action.. Document filed by Olifant Fund, LTD.. (Carroll, Robert)
MOTION to Compel Cleary Gottlieb Steen & Hamilton LLP to Produce all Documents Responsive to the Subpoena to Produce Documents and to Testify at a Deposition in a Civil Action. Document filed by Olifant Fund, LTD..(Carroll, Robert)
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)
AMENDED FEBRUARY 23, 2012 ORDER: It is HEREBY ORDERED that: 1. The motion for partial summary judgment pursuant to Rule 56(a) is GRANTED. 2. It is DECLARED, ADJUDGED, and DECREED that the Republic is required under Paragraph 1 (c) of the FAA at all times to rank its payment obligations pursuant to Olifant's Bonds at least equally with all the Republic's other present and future unsecured and unsubordinated External Indebtedness and as further set forth herein. (Signed by Judge Thomas P. Griesa on 11/21/2012) (djc)
REPLY MEMORANDUM OF LAW in Support re: [8] MOTION for Partial Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by Olifant Fund, LTD.. (Lesser, Leonard)
MEMORANDUM OF LAW in Opposition re: [8] MOTION for Partial Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Francisco Guillermo Eggers, Dated November 16, 2012 in Opposition re: [8] MOTION for Partial Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
DECLARATION of Carmine D. Boccuzzi, dated November 16, 2012 in Opposition re: [8] MOTION for Partial Summary Judgment and for Injunctive Relief Pursuant to 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)(Boccuzzi, Carmine)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [8] MOTION for Partial Summary Judgment and for Injunctive Relief Pursuant to the Equal Treatment Provision.. Document filed by Olifant Fund, LTD.. (Lesser, Leonard)
OPINION re: #101694 [12] MOTION for Partial Summary Judgment for Principal and Interest Due. filed by Olifant Fund, LTD. The Motion for Partial Summary Judgment For Principal and Interest Due is granted. Judgment will be entered for the principal amounts of the bonds plus accrued interest. The parties shall consult with one another concerning the form of the judgment and the amount of interest that should be awarded in the judgment. If the parties are able to reach agreement on that subject, they shall jointly submit an agreed proposed judgment to the Court. If the parties are unable to reach agreement on that subject, Plaintiff shall submit a proposed judgment to the Court, and the Republic shall submit any objections to the proposed judgment within five business days thereafter. The Court will then resolve any remaining disagreements. The proposed judgment submitted to the Court should include the following language: "It is further ORDERED that, until further notice from the Court, Plaintiff 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." This opinion resolves the motion listed as document number 12 in this case. (Signed by Judge Thomas P. Griesa on 4/11/2012) (jfe) Modified on 4/11/2012 (jfe). Modified on 4/20/2012 (jab).
29
Filed: 4/12/2012, Entered: None
OPINION re: 12 MOTION for Partial Summary Judgment for Principal and Interest Due. filed by Olifant Fund, LTD. The Motion for Partial Summary Judgment For Principal and Interest Due is granted. Judgment will be entered for the principal amou nts of the bonds plus accrued interest. The parties shall consult with one another concerning the form of the judgment and the amount of interest that should be awarded in the judgment. If the parties are able to reach agreement on that subject, they shall jointly submit an agreed proposed judgment to the Court. If the parties are unable to reach agreement on that subject, Plaintiff shall submit a proposed judgment to the Court, and the Republic shall submit any objections to the proposed judgme nt within five business days thereafter. The Court will then resolve any remaining disagreements. The proposed judgment submitted to the Court should include the following language: "It is further ORDERED that, until further notice from the Cour t, Plaintiff 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." This opinion resolves the motion listed as document number 12 in this case. (Signed by Judge Thomas P. Griesa on 4/11/2012) (jfe) Modified on 4/11/2012 (jfe).
287
Update
Alerts
Jump