This case was last updated from U.S. District Courts on 02/13/2021 at 20:30:56 (UTC).

NML Capital, Ltd. v. Rep. of Argentina

Case Summary

On 11/07/2003 NML Capital, Ltd filed a Contract - Other Contract lawsuit against Rep of Argentina. This case was filed in U.S. District Courts, New York Southern District Court. The Judge overseeing this case is Loretta A. Preska. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:03-CV-08845

  • Filing Date:

    11/07/2003

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Loretta A. Preska

 

Party Details

Plaintiffs and Counter Defendants

EM Ltd.

NML Capital, Ltd.

Garnishees and Petitioners

Banco De La Nacion Argentina

CitiGroup, Inc.

Defendant and Counter Claimant

The Republic of Argentina

Interested Parties

Profesion+Auge AFJP S.A.

Citigroup Global Markets Inc.

Banco Central de la Republica Argentina

Bank for International Settlements

Origenes AFJP S.A.

Empresa Argentina de Soluciones Satelitales ("AR-SAT")

Met AFJP S.A.

Futura AFJP S.A.

Unidos S.A. AFJP

Citicorp USA Inc.

Consolidar AFJP S.A.

Maxima AFJP S.A.

Jaime Caruana

Citicorp North America Inc.

Intervenor

Bank of America, N.A.

7 More Parties Available

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

David Mark Bigge

Attorney at Dechert LLP (NYC)

1095 Avenue Of The Americas

New York, NY 10036-6797

Robert A. Cohen

Attorney at Dechert LLP (NYC)

1095 Avenue Of The Americas

New York, NY 10036-6797

Suzanne Michelle Grosso

Attorney at Debevoise & Plimpton, LLP (NYC)

919 Third Avenue, 3Rd Floor

New York, NY 10022

David W. Rivkin

Attorney at Debevoise & Plimpton, LLP (NYC)

919 Third Avenue, 3Rd Floor

New York, NY 10022

William Mcginley Jay

Attorney at Gibson, Dunn & Crutcher, LLP (DC)

1025 Connecticut Avenue, N.W.

Washington, DC 20036

Dennis H. Hranitzky

Attorney at Dechert, LLP (NYC)

1095 Avenue Of The Americas

New York, NY 10036-6797

Charles Richard Jacob, III

Attorney at Miller & Wrubel, P.C.

570 Lexington Avenue,25Th Floor

New York, NY 10022

Jennings F. Durand

Attorney at Dechert LLP

Cira Centre 2929 Arch Street

Philadelphia, PA 19104

Haynee C. Kang

Attorney at Miller & Wrubel, P.C.

570 Lexington Avenue,25Th Floor

New York, NY 10022

Matthew Dempsey McGill

Attorney at Gibson, Dunn & Crutcher, LLP (DC)

1025 Connecticut Avenue, N.W.

Washington, DC 20036

David Scott Hoffner

Attorney at Hoffner PLLC

325 Broadway, Suite 505

New York, NY 10007

Interested Party and Petitioner Attorneys

Lindsey Taylor Knapp

Attorney at Davis Polk & Wardwell L.L.P.

450 Lexington Avenue

New York, NY 10017

James Loran Kerr

450 Lexington Avenue

New York, NY 10017

Joseph Emanuel Neuhaus

Attorney at Sullivan and Cromwell, LLP(NYC)

125 Broad Street

New York, NY 10004

Edward David Sherwin

Attorney at Davis Polk & Wardwell L.L.P.

450 Lexington Avenue

New York, NY 10017

Kevin Michael Brennan

Attorney at Lowenstein Sandler PC (NJ)

65 Livingston Avenue

Roseland, NJ 07068

Steven Michael Hecht

Attorney at Lowenstein Sandler PC (NJ)

65 Livingston Avenue

Roseland, NJ 07068

Defendant Attorney

Carmine D. Boccuzzi, Jr

Attorney at Cleary Gottlieb

One Liberty Plaza

New York, NY 10006

Intervenor Attorney

Barry Jay Glickman

Attorney at Zeichner Ellman & Krause LLP

1211 Avenue Of The Americas

New York, NY 10036

Other Attorneys

Matthew Brennan Rowland

Attorney at Davis Polk & Wardwell L.L.P.

450 Lexington Avenue

New York, NY 10017

13 More Attorneys Available

 

Court Documents

#584

#535

#475

#443

#442

#441

#434

#295

#251

#636

#635

#634

633 #1

Exhibit

#633

#632

#631

#630

959 More Documents Available

 

Docket Entries

  • 06/09/2017
  • DocketNOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (wb) (Entered: 06/09/2017)

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  • 11/28/2016
  • DocketCASHIERS OFFICE REGISTRY DISBURSEMENT dated 11/16/2016, from Judge Thomas P. Griesa, on 11/18/2016 disbursed to pay NML Capital LTD. $250,000.00 Check No. 01054538 dated 11/18/2016 (cla) (Entered: 11/28/2016)

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  • 05/06/2016
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  • Docket(#636) STIPULATION AND ORDER VACATING WRIT OF EXECUTION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., Plaintiff EM Ltd., and Defendant the Republic of Argentina (being all of the parties to these actions), that the Writ of Execution so ordered by this Court in the above-captioned actions on July 19, 2012, relating to property in the form of assets of and/or held in the BH Options Trust, and any beneficial interest in the BH Options Trust (the "Writ of Execution"), should be vacated in its entirety. IT IS THEREFORE ORDERED by this Court that the Writ of Execution is hereby vacated. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/6/2016) (kl) (Entered: 05/06/2016)

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  • 04/28/2016
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  • Docket(#635) ORDER OF SATISFACTION re: 86 Judgment, in favor of NML Capital, Ltd. Against The Republic of Argentina, in the amount of $281,184,632.20. WHEREAS, in accordance with the Settlement Agreement, plaintiff received the Settlement Amount; WHEREAS, plaintiff's Final Judgment Amount has been fully satisfied by the Republic's payment to plaintiff; NOW, THEREFORE, full satisfaction of plaintiff's Final Judgment Amount is hereby acknowledged, and the Clerk of the Court is hereby authorized and directed to make an entry of full satisfaction on the docket. (Signed by Judge Thomas P. Griesa on 4/28/2016) (kl) (Entered: 04/28/2016)

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  • 04/25/2016
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  • Docket(#634) STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., 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, with each party bearing its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/25/2016) (ama) Modified on 4/25/2016 (ama). (Entered: 04/25/2016)

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  • 03/15/2016
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  • Docket(#633) 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) (Attachment 1 replaced on 3/15/2016) (kl). (Entered: 03/15/2016)

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  • 11/18/2015
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  • Docket(#632) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/5/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/18/2015)

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  • 11/18/2015
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  • Docket(#631) TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 11/5/2015 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly) (Entered: 11/18/2015)

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  • 11/18/2015
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  • Docket(#630) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/5/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/18/2015)

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  • 11/18/2015
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  • Docket(#629) TRANSCRIPT of Proceedings re: CONFERENCE held on 11/5/2015 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly) (Entered: 11/18/2015)

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786 More Docket Entries
  • 01/07/2004
  • Docket(#9) MOTION for Summary Judgment (NDB). Document filed by NML Capital, Ltd.. (pa, ) (Entered: 01/16/2004)

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  • 01/06/2004
  • Docket(#8) Demand Pursuant to Local Civil Rule 26.1. Document filed by The Republic of Argentina. (cd, ) (Entered: 01/16/2004)

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  • 01/06/2004
  • Docket(#7) MEMORANDUM OF LAW in Support re: 6 MOTION to Dismiss.. Document filed by The Republic of Argentina. (pa, ) (Entered: 01/09/2004)

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  • 01/06/2004
  • Docket(#6) MOTION to Dismiss plaintiff's claims. Document filed by The Republic of Argentina. attached affdvt of ChristopherP. Moore. (pa, ) (Entered: 01/09/2004)

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  • 11/21/2003
  • Docket(#5) Notice of Case assignment to Judge Thomas P. Griesa . Copy of notice and judge's rules mailed to Attorney(s) of record: Kevin S. Reed, Harold A. Barza . (rag) (Entered: 11/22/2003)

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  • 11/10/2003
  • Docket(#4) AFFIDAVIT OF SERVICE of summons and complaint as to Rep. of Argentina by Antonio Lues on 11/7/03. Answer due on 11/27/03 for Rep. of Argentina. (sb) (Entered: 11/14/2003)

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  • 11/07/2003
  • Docket(#3) STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 by NML Capital, Ltd. re: that this action be filed as related to 02cv1773 (TPG). (jjm) (Entered: 11/12/2003)

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  • 11/07/2003
  • Docket(#2) RULE 7.1 CERTIFICATE filed by NML Capital, Ltd. . (jjm) (Entered: 11/12/2003)

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  • 11/07/2003
  • DocketCASE REFERRED TO Judge Thomas P. Griesa as possibly related 1:02cv1773. (jjm) (Entered: 11/12/2003)

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  • 11/07/2003
  • Docket(#1) COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 490841. (jjm) (Entered: 11/12/2003)

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