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Colella et al v. The Republic of Argentina (1:04-cv-02710-LAP)

U.S. District Court for the Southern District of New York

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Colella et al v. The Republic of Argentina (1:04-cv-02710-LAP)

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  • MEMORANDUM & ORDER granting (Document 88) Motion to Dismiss; granting (Document 88) Motion to Vacate. For the forgoing reasons, the Republic's motion to dismiss Plaintiffs' and Forgione's claims and vacate their judgments [dkt. no. 88 in 04 Civ . 2710; dkt. no. 159 in 05 Civ. 3089; dkt. no. 59 in 06 Civ. 15171] is granted in full. Specifically: Michele Colella and Denise Dussault v. The Republic of Argentina, 04 Civ. 2710: the judgment [dkt. no. 23 (viewable on ECF as dkt. no. 9 0-18)] is vacated, and the claims of Michele Colella and Denise Dussault are dismissed with prejudice; Marcelo Ruben Rigueiro, et al. v. The Republic of Argentina, 05 Civ. 3089: the amended judgment [dkt. no. 24 in 05 Civ. 3089 (viewable on EC F as dkt. no. 90-14 in 04 Civ. 2710)] is vacated, and the claims of Michele Colella and Denise Dussault are dismissed with prejudice; Antonio Forgione, et al. v. The Republic of Argentina, 06 Civ. 15171: all claims are dismissed with prej udice for failure to prosecute. Any arguments not specifically addressed by the Court are considered without merit or moot. The Clerk of the Court is directed to mark these actions (04 Civ. 2710, 05 Civ. 3089, and 06 Civ. 15171) closed and all pending motions denied as moot. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/13/2020) (va)

  • OPINION #106485 re: (Document 54) MOTION for Writ of Execution against The Republic of Argentina; MOTION for Attachment The Republic of Argentina and The Bank of New York Mellon Corporation . Document filed by Michelle Colella, Denise Dussault: Plaintiffs , who hold money judgments against the Republic of Argentina, have filed motions for writs of execution and turnover orders directed at Argentine assets purportedly held by two nonparty financial institutions. The court finds that the motions are wit hout merit and must be denied. Plaintiffs are part of a steadily shrinking holdout group. Rather than settle with the Republic, they have chosen to reject the global proposal and seek full satisfaction of their judgments through Rule 69. Plaintiffs may certainly continue to hold out for a better deal, but the court cannot allow them to execute upon property that is not the Republic's while they do. For the foregoing reasons, the court denies plaintiffs' motions for writs of execution and turnover orders. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 5/26/2016) (kl) Modified on 5/27/2016 (ca). Modified on 6/10/2016 (kl).

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Colella et al v. The Republic of Argentina (1:04-cv-02710-LAP)

U.S. District Court for the Southern District of New York

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