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NML Capital, Ltd. v. The Republic of Argentina

MEMORANDUM OF LAW in Opposition re: [465] MOTION to Quash subpoenas of BNP Paribas, BNP Paribas Fortis, Citibank, N.A., Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank USA, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., Standard Chartered PLC, Standard Chartered Bank, UBS AG, Wells Far. Document

15 Cited authorities

  1. EM Ltd. v. Republic of Argentina

    695 F.3d 201 (2d Cir. 2012)   Cited 280 times
    Holding that collateral order doctrine afforded Argentina immediate review of order requiring foreign bank to disclose Argentina's worldwide assets because subsequent appellate review was unavailable and Argentina, as judgment debtor rather than party to whom disclosure order was directed, could not obtain review through disobedience and contempt

  2. Jones v. Coughlin

    45 F.3d 677 (2d Cir. 1995)   Cited 152 times
    Holding that prisoner has substantive due process right to be free from harassment in retaliation for his filing of grievances

  3. Garb v. Republic of Poland

    440 F.3d 579 (2d Cir. 2006)   Cited 105 times
    Holding that the core function of “hold[ing] and administer[ing] the property of the [foreign] state[ was] indisputably governmental”

  4. NML CAPITAL, LTD v. BCRA

    652 F.3d 172 (2d Cir. 2011)   Cited 63 times
    Vacating attachment of same reserves

  5. First City, Texas-Houston v. Rafidain Bank

    281 F.3d 48 (2d Cir. 2002)   Cited 78 times
    Finding proper service under Section 1608(b) where "compliance . . . may not have been exact . . . [but it was] substantial and sufficient"

  6. NML Capital, Ltd. v. Republic of Argentina

    680 F.3d 254 (2d Cir. 2012)   Cited 17 times
    Holding purchase of scientific equipment was a commercial, not sovereign, function

  7. EM Ltd. v. Republic of Argentina

    720 F. Supp. 2d 273 (S.D.N.Y. 2010)   Cited 12 times
    Discussing the sources of the FRBNY Funds

  8. EM Ltd. v. Republic of Argentina

    389 F. App'x 38 (2d Cir. 2010)   Cited 8 times
    Affirming post-judgment restraint and pre-judgment attachment orders on certain assets of Argentina held in trust in the United States

  9. 767 Third Ave. Associates v. Permanent Mission

    988 F.2d 295 (2d Cir. 1993)   Cited 26 times
    Holding that the “diplomatic and consular immunities of foreign states recognized under various treaties remain unaltered by the [FSIA]” and analyzing the VCDR as one such treaty

  10. Colella v. Republic of Argentina

    No. C 07-80084 WHA (N.D. Cal. May. 29, 2007)   Cited 4 times
    In Colella v. Republic of Argentina, No. C 07-80084 (WHA), 2007 WL 1545204, at *7 (N.D. Cal. May 29, 2007), the court determined that Tango Zero One was immune from execution under FSIA.

  11. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,027 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  12. Section 5223 - Disclosure

    N.Y. CPLR 5223   Cited 263 times
    Permitting discovery of "all matter relevant to the satisfaction of the judgment"

  13. Section 1611 - Certain types of property immune from execution

    28 U.S.C. § 1611   Cited 69 times
    Protecting from attachment assets of a central bank "[n]otwithstanding the provisions of section 1610"