`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`PETERSEN ENERGIA INVERSORA,
`S.A.U. ET AL.,
`
`Plaintiff,
`
`-against-
`ARGENTINE REPUBLIC ET AL.,
`Defendants.
`
`
`ETON PARK CAPITAL MANAGEMENT
`L.P. ET AL.,
`
`Plaintiff,
`
`-against-
`ARGENTINE REPUBLIC ET AL.,
`Defendants.
`
`No. 15-CV-02739 (LAP)
`ORDER
`
`No. 16-CV-08569 (LAP)
`ORDER
`
`
`LORETTA A. PRESKA, Senior United States District Judge:
`The Court is in receipt of the following documents: (1)
`Plaintiffs’ letter requesting a pre-motion conference regarding
`Plaintiffs’ intended motion to compel the Argentine Republic to
`produce discovery under Rule 37 of the Federal Rules of Civil
`Procedure (dkt. no. 699); (2) the Republic’s response (dkt. no.
`700); and (3) Plaintiffs’ reply (dkt. no. 701).1 The Court treats
`Plaintiffs’ papers as a motion to compel production and the
`
`1 References to the docket refer to the lead case, Petersen
`Energia Inversora, S.A.U. et al. v. Argentine Republic et al.,
`No. 15 Civ. 02739.
`
`
`
`Case 1:15-cv-02739-LAP Document 703 Filed 01/14/25 Page 2 of 4
`
`Republic’s response as an opposition. For the reasons set out
`below, Plaintiffs’ motion to compel production of the following
`four categories of documents is GRANTED: (1) SWIFT messages for
`accounts outside of Argentina and the United States; (2) documents
`concerning accounts in Argentina and the United States; (3)
`documents produced in post-judgment litigation; and (4) documents
`concerning gold reserves owned by the Republic’s Central Bank
`(BCRA).
`First, the SWIFT messages shall be produced because the
`provided account summaries are inadequate substitutes, given they
`do not identify the counterparty’s specific banking institutions
`making or receiving payments, which is both relevant and necessary
`to trace the Republic’s assets. The Republic has known Plaintiffs’
`view that the summaries are inadequate since at least August 2024.
`(Dkt. no. 699-2 at 2.) Production of these materials is not unduly
`burdensome and is proportional to the relevance of the SWIFT data
`and the size of the judgment.
`Second, it is clear from the record that Plaintiffs first
`agreed to seek documents regarding foreign countries, “while
`reserving their rights as to the United States.” (Dkt. no. 699-3
`at 4 (emphasis added); see also dkt. no. 700-1 at 6 (“Plaintiffs
`also explained that they were willing to suspend requiring
`compliance with Requests 13 through 16 in so far as they seek
`information about U.S. assets, and instead would only presently
`
`2
`
`
`
`Case 1:15-cv-02739-LAP Document 703 Filed 01/14/25 Page 3 of 4
`
`require prompt compliance with respect to information regarding
`Assets in Foreign Countries.”) (emphasis added).) Plaintiffs are
`certainly now entitled to request the information regarding the
`accounts in Argentina and the United States even if they ultimately
`may be immune from execution. Gujarat State Petroleum Corp. Ltd.
`v. Republic of Yemen, No. 19-mc-0547 (RA), 2022 WL 1567464 at *8
`(S.D.N.Y. May 18, 2022) (“[J]udgment creditor[s] need not prove
`that post-judgment discovery will lead to attachable or executable
`assets in order to obtain that discovery.”). The Republic does
`not get to just assert that such information “could not possibly
`lead to executable assets.” Id.
`Third, all documents produced in Bainbridge Fund Ltd. v. The
`Republic of Argentina, No. 16 Civ. 08605, are relevant for several
`reasons: (i) such production may lead to other executable assets;
`(ii) Plaintiffs and the Bainbridge plaintiff are both seeking to
`enforce a money judgment; and (iii) such production may shed light
`on the completeness of the Republic’s productions. Additionally,
`the Court notes that it has likely taken more time and money to
`argue about producing these documents than to make the production.
`Lastly, regardless of whether the gold reserves are held by
`BCRA, the Republic shall produce its own documents concerning the
`reserves.
`For the foregoing reasons, Plaintiffs’ motion to compel
`production is GRANTED. The Clerk of the Court is directed to close
`
`3
`
`
`
`Case 1:15-cv-02739-LAP Document 703 Filed 01/14/25 Page 4 of 4
`
`dkt. no. 699 on the No. 15 Civ. 02739 docket and dkt. no. 621 on
`the No. 16 Civ. 08569 docket.
`SO ORDERED.
`Dated:
`January 14, 2025
`New York, New York
`
`__________________________________
`LORETTA A. PRESKA
`Senior United States District Judge
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
