BANK OF AMERICA, NATIONAL ASSOCIATION v. FEDERAL DEPOSIT INSURANCE CORPORATION
BANK OF AMERICA, NATIONAL ASSOCIATION |
FEDERAL DEPOSIT INSURANCE CORPORATION |
1:2010cv01681 |
October 1, 2010 |
US District Court for the District of Columbia |
Washington, DC Office |
88888 |
Barbara Jacobs Rothstein |
Other Statutory Actions |
12 U.S.C. § 1821 |
Plaintiff |
Docket Report
This docket was last retrieved on October 29, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 131 STIPULATION of Dismissal / Notice and Stipulation of Dismissal With Prejudice by BANK OF AMERICA, NATIONAL ASSOCIATION. (Robson, Patrick) |
Case Stayed (tth) |
MINUTE ORDER granting #130 Joint Motion to Stay Case Pending Completion of Settlement. The parties shall advise the Court when all of the obligations under the Settlement Agreement (attached as an exhibit to Dkt. No. 130) have been performed, and shall thereupon file a stipulation of dismissal. Signed by Judge Barbara Jacobs Rothstein on 9/2/14. (Reed, Heather) |
Filing 130 Consent MOTION to Stay Case Pending Completion of Settlement by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit A)(Basdekis, Athanasios) |
Filing 129 REPLY to opposition to motion re #127 MOTION to Compel / Bank of America's Reply Memorandum of Law in Further Support of its Motion to Compel filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Robson, Patrick) |
Filing 128 Memorandum in opposition to re #127 MOTION to Compel filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
Filing 127 MOTION to Compel by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Memorandum in Support, #2 Declaration of Patrick L. Robson in Support of Motion to Compel, #3 Exhibit A to Declaration of Patrick L. Robson in Support of Motion to Compel, #4 Exhibit B to Declaration of Patrick L. Robson in Support of Motion to Compel, #5 Exhibit C to Declaration of Patrick L. Robson in Support of Motion to Compel)(Robson, Patrick) |
Set/Reset Deadlines: Discovery due by 11/21/2014. Dispositive Motions due by 3/27/2015. Motion to Compel due by 7/7/2014. Response due by 7/18/2014. Reply due by 7/25/2014. (tth) |
Filing 126 TRANSCRIPT OF DISCOVERY HEARING before Judge Barbara Jacobs Rothstein held on 6/20/2014; Page Numbers: 1-78. Date of Issuance:6/26/2014. Court Reporter Vicki Eastvold, Telephone number 202-354-3242, Court Reporter Email Address : vickieastvold@yahoo.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 7/17/2014. Redacted Transcript Deadline set for 7/27/2014. Release of Transcript Restriction set for 9/24/2014.(Eastvold, Vicki) |
MINUTE ORDER: The parties have stipulated to the following briefing schedule regarding the production of materials exchanged in connection with the mediation between the FDIC and Colonial Bank former directors and officers: the Motion to Compel will be filed on July 7, 2014; the opposition will be filed on July 18, 2014; and the reply will be filed on July 25, 2014. In addition, the parties have stipulated to and the Court accepts the following revised case management dates: the fact discovery deadline is November 21, 2014; expert reports will be exchanged on or before December 19, 2014; rebuttal expert reports will be exchanged on or before January 23, 2015; expert depositions will be completed by February 20, 2015; and dispositive motions will be filed on or before March 27, 2015. Signed by Judge Barbara Jacobs Rothstein on 6/25/14. (Reed, Heather) |
Filing 125 ORDER regarding June 20, 2014 hearing. Signed by Judge Barbara Jacobs Rothstein on 6/20/14. (Reed, Heather) |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Discovery Hearing held on 6/20/2014. Order to be issued. (Court Reporter: Vicki Easvold) (tth) |
Set/Reset Deadlines: Fact Discovery to close by 9/12/2014. Exchange of Expert Reports by 10/10/2014. Exchange of Rebuttal Expert Reports by 11/7/2014. Dispositive Motions due by 1/26/2015. (zmm, ) |
MINUTE ORDER granting #124 Motion to Modify Scheduling Order. Signed by Judge Barbara Jacobs Rothstein on 6/2/14. (Reed, Heather) |
Filing 124 Joint MOTION to Modify the Pending Discovery Schedule by BANK OF AMERICA, NATIONAL ASSOCIATION (Robson, Patrick) |
Filing 123 Joint MOTION for Extension of Time to / Joint Motion to Extend Time Limits for Certain Depositions by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Text of Proposed Order)(Robson, Patrick) |
MINUTE ORDER granting #123 Joint Motion to Extend Time Limits for Certain Depositions. It is HEREBY ORDERED that the parties shall be allowed no more than 2 days, with each party taking up to 8 hours of testimony, for the depositions of nonparty witnesses, Kamal Hosein, Desiree Brown, Cathy Kissick, and Teresa Kelly. Signed by Judge Barbara Jacobs Rothstein on 5/7/14. (Reed, Heather) |
Filing 122 STIPULATION to Second Deposition of Mary Lou Bathen by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
Filing 121 ORDER granting #120 Unopposed Motion for Order. Signed by Judge Barbara Jacobs Rothstein on 4/15/14. (Reed, Heather) |
Filing 120 Unopposed MOTION for Order / Unopposed Motion for Entry of Order Establishing Protocol for Document Production by the Colonial Bankgroup, Inc. and Preservation of Applicable Privilegs by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Exhibit A, Prop DC 502(d) Order for CBG Production, #2 Exhibit B, MD AL Order on Motion to Compel - The Colonial BancGroup)(Robson, Patrick) |
MINUTE ORDER granting #119 Consent Motion for Leave to Appear Pro Hac Vice. Signed by Judge Barbara Jacobs Rothstein on 2/21/14. (Reed, Heather) |
Filing 119 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph J. Saltarelli, :Firm- Hunton & Williams LLP, :Address- 200 Park Avenue, 52nd Floor, New York, New York, 10166. Phone No. - (212) 309-1048. Fax No. - (212) 309-1100 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Joseph J. Saltarelli in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(Lasken, Jonathan) Modified telephone no. on 2/19/2014 (td, ). |
Set/Reset Deadlines: Dispositive Motions due by 9/19/2014. (tth) |
Filing 118 Joint MOTION to Modify the Pending Discovery Schedule by FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
MINUTE ORDER granting #118 Joint Motion to Modify Discovery Schedule. The schedule is modified as follows: Fact discovery will close on June 27, 2014; Expert reports will be exchanged on or before July 11, 2014; Rebuttal reports will be exchanged on or before August 8, 2014; Expert witness depositions will be complete on or before August 29, 2014; and Dispositive motions will be filed on or before September 19, 2014. Signed by Judge Barbara Jacobs Rothstein on 2/14/14. (Reed, Heather) |
MINUTE ORDER granting #115 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Barbara Jacobs Rothstein on 1/13/14. (Reed, Heather) |
MINUTE ORDER granting #113 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Barbara Jacobs Rothstein on 1/13/14. (Reed, Heather) |
MINUTE ORDER granting #116 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Barbara Jacobs Rothstein on 1/13/14. (Reed, Heather) |
MINUTE ORDER granting #117 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Barbara Jacobs Rothstein on 1/13/14. (Reed, Heather) |
MINUTE ORDER granting #114 unopposed Motion for Leave to Depose Incarcerated Witnesses. Signed by Judge Barbara Jacobs Rothstein on 1/13/14. (Reed, Heather) |
Filing 117 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Gildersleeve, :Firm- Munger, Tolles & Olson LLP, :Address- 355 South Grand Avenue, 35th Floor, Los Angeles, CA 90071. Phone No. - 213-683-9241. Fax No. - 213-683-5141 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of John Gildersleeve, #2 Text of Proposed Order)(Lasken, Jonathan) |
Filing 116 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Craig A. Lavoie, :Firm- Munger, Tolles & Olson LLP, :Address- 560 Mission Street, 27th Floor, San Francisco, CA 94105. Phone No. - 415-512-4068. Fax No. - 415-512-4077 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Craig A. Lavoie in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(Lasken, Jonathan) |
Filing 115 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam Kaplan, :Firm- Munger, Tolles & Olson LLP, :Address- 560 Mission Street, suite 2700, San Francisco, CA 94105. Phone No. - 415-512-4016. Fax No. - 415-512-4077 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Adam Kaplan in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(Lasken, Jonathan) |
Filing 114 Unopposed MOTION for Discovery / Unopposed Motion for Leave to Depose Incarcerated Witnesses by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Text of Proposed Order)(Robson, Patrick) |
Filing 113 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maryl C. Sattler, :Firm- Bailey & Glasser LLP, :Address- 209 Capitol Street, Charleston, WV 25301. Phone No. - 304-345-6555. Fax No. - 304-342-1110 by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Basdekis, Athanasios) |
Filing 112 AMENDED ANSWER to Complaint ANSWER TO FIRST AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS OF FEDERAL DEPOSIT INSURANCE CORPORATION by BANK OF AMERICA, NATIONAL ASSOCIATION.(Myles, Kristin) |
Filing 111 ORDER regarding BOA's proposed Affirmative Defense No. 15. Signed by Judge Barbara Jacobs Rothstein on 12/17/13. (Reed, Heather) |
Filing 110 RESPONSE TO ORDER OF THE COURT re Order,,, filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Attachments: #1 Exhibit A)(Myles, Kristin) |
Set/Reset Deadlines: FDIC's statement due by 11/18/2013. BOA's response to FDIC's statement due by 11/20/2013. (tth) |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Telephone Conference held on 11/13/2013. (Court Reporter: Susan Tyner) (tth) |
MINUTE ORDER: A telephone conference was held on November 13, 2013 to resolve a discovery dispute that has arisen between the parties as set forth in the joint meet and confirm statement [Dkt. No. 109]. The Court issued the following rulings: (1) BOA's proposed Affirmative Defense No. 8 is STRICKEN; (2) BOA's proposed Affirmative Defense No. 13 is STRICKEN except to the extent it relies on Section 10(c) and Section 2 of the Custodial Agreement; (3) as to BOA's proposed Affirmative Defense No. 15, the FDIC shall provide the Court with a short statement setting forth its position regarding the proposed affirmative defense on or before November 18, 2013. BOA shall file a response to the FDIC's statement on or before November 20, 2013; (4) BOA's proposed Affirmative Defense No. 24 is STRICKEN; and (5) the Court's order directing bifurcation of discovery in this case is withdrawn. Signed by Judge Barbara Jacobs Rothstein on 11/13/13. (Reed, Heather) |
MINUTE ORDER: The discovery telephonic conference is rescheduled to November 13, 2013 at 4:00 pm. A court reporter will be present. BOA is instructed to initiate a conference call for each party and the Court to call into at the designated time. Signed by Judge Barbara Jacobs Rothstein on 11/8/13. (Reed, Heather) |
Set/Reset Hearings: Telephone Conference set for 11/13/2013 at 4:00 PM in Chambers on the record before Judge Barbara Jacobs Rothstein. (gdf) |
Filing 109 MEET AND CONFER STATEMENT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Myles, Kristin) |
MINUTE ORDER: The telephone conference call scheduled for November 8, 2013 at 1:00 pm is hereby canceled. The parties are to notify the Court as to whether they want to reschedule the conference call. Signed by Judge Barbara Jacobs Rothstein on 11/7/13. (Reed, Heather) |
Set/Reset Deadlines/Hearings: Parties statements due by 11/7/2013. Telephone Conference set for 11/8/2013 at 1:00 PM before Judge Barbara Jacobs Rothstein. (cdw) |
MINUTE ORDER: Per BOA's request, a telephonic conference will be held on November 8, 2013 at 1:00 pm to discuss a discovery dispute that has arisen between the parties. BOA is instructed to initiate a conference call for each party and the Court to call into at the designated time. The parties are further instructed to file on or before 5:00 pm on November 7, 2013 a statement setting forth their positions. The statements shall not exceed four (4) pages, excluding exhibits. No replies will be allowed. Signed by Judge Barbara Jacobs Rothstein on 11/6/13. (Reed, Heather) |
Filing 108 ORDER granting #85 FDIC's Motion to Compel Production of Documents. Signed by Judge Barbara Jacobs Rothstein on 10/17/13. (Reed, Heather) |
Filing 107 TRANSCRIPT OF PROCEEDINGS before Judge Barbara Jacobs Rothstein held on 07/30/13; Page Numbers: 1-31. Date of Issuance:07/17/13. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 10/8/2013. Redacted Transcript Deadline set for 10/18/2013. Release of Transcript Restriction set for 12/16/2013.(Pilgrim, Crystal) |
MINUTE ORDER granting #106 Joint Motion to Modify Scheduling Order. The Scheduling Order is modified as follows: fact discovery will close on March 28, 2014, expert reports will be exchanged on April 11, 2014, rebuttal expert reports will be exchanged on May 9, 2014, expert depositions will be complete by May 30, 2014, and dispositive motions will be filed by June 16, 2014.. Signed by Judge Barbara Jacobs Rothstein on 9/16/13. (Reed, Heather) |
Filing 106 Joint MOTION to Modify the Pending Discovery Schedule by FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
MINUTE ORDER: In light of the Court's recent order granting the FDIC's motion to dismiss BOA's affirmative claims against it as the receiver for Colonial Bank, the FDIC is instructed to notify the Court within ten business days whether it still seeks the production of documents requested in its motion to compel [Dkt. No. 85]. Signed by Judge Barbara Jacobs Rothstein on 8/28/13. (Reed, Heather) |
Filing 105 VACATED PURSUANT TO ORDER FILED ON 6/20/2014.....ORDER granting #72 Motion to Take Judicial Notice; granting #73 Motion to Dismiss. Signed by Judge Barbara Jacobs Rothstein on 8/26/16. (Reed, Heather) Modified on 6/23/2014 (tth). |
Filing 104 NOTICE of Supplemental Authority by FEDERAL DEPOSIT INSURANCE CORPORATION re #73 MOTION to Dismiss (Attachments: #1 Exhibit Opinion)(Basdekis, Athanasios) |
Filing 103 TRANSCRIPT OF PROCEEDINGS before Judge Barbara Jacobs Rothstein held on 6/10/13; Page Numbers: 1-46. Date of Issuance:8/6/13. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 8/27/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013.(Pilgrim, Crystal) |
Filing 102 REPLY re #97 NOTICE OF SUPPLEMENTAL AUTHORITY / Bank of America's Response to FDIC's Notice of Supplemental Authority filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Robson, Patrick) |
Filing 101 ORDER regarding discovery dispute. Signed by Judge Barbara Jacobs Rothstein on 7/31/13. (Reed, Heather) |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Telephone Conference held on 7/30/2013. (Court Reporter: Crystal Pilgrim) (tth) |
Filing 100 ORDER granting #98 Motion for Pratrick Owen Muench to Appear Pro Hac Vice. Signed by Judge Barbara Jacobs Rothstein on 7/25/2013. (tth) |
Filing 99 NOTICE OF BANK OF AMERICA, N.A.'S FILING OF ASEPARATE ACTION CHALLENGING FDIC'S ACTIONS REFLECTED IN NOTICE PUBLISHED IN THE FEDERAL REGISTER ON APRIL 19, 2013 by BANK OF AMERICA, NATIONAL ASSOCIATION re #95 Notice (Other) (Attachments: #1 Exhibit A)(Robson, Patrick) |
Filing 98 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patrick Owen Muench, :Firm- Bailey & Glasser LLP, :Address- One North Old State Capitol Plaza, Suite 560, Springfield, IL 62701. Phone No. - 217-528-1177. Fax No. - 217-528-1198 by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Basdekis, Athanasios) |
MINUTE ORDER: A telephonic conference will be held before Judge Rothstein on July 30, 2013 at 11:30 am to discuss the outstanding discovery dispute between the parties. BOA is instructed to arrange the conference call. Signed by Judge Barbara Jacobs Rothstein on 7/23/13. (Reed, Heather) |
Set/Reset Hearings: Telephone Conference set for 7/30/2013, at 11:30 AM in Chambers before Judge Barbara Jacobs Rothstein. (tth) |
Filing 97 NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit Opinion - FDIC v. Estrada-Rivera)(Basdekis, Athanasios) |
Filing 96 REPLY to opposition to motion re #85 MOTION Seeking Production of Documents filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
Filing 95 NOTICE OF INTENT TO FILE SEPARATE ACTION CHALLENGING FDIC'S ACTIONS REFLECTED IN NOTICE PUBLISHED IN THE FEDERAL REGISTER ON APRIL 19, 2013 by BANK OF AMERICA, NATIONAL ASSOCIATION (Myles, Kristin) |
Filing 94 REPLY to opposition to motion re #73 MOTION to Dismiss filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: #1 Exhibit A - Loan Allocation Order, #2 Exhibit B - TBW Reconciliation Report, #3 Exhibit C - May 24, 2013 Letter)(Basdekis, Athanasios) |
Filing 93 MOTION for Leave to File Excess Pages by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit Proposed Brief to Submit, #2 Text of Proposed Order Proposed Order)(Basdekis, Athanasios) |
Filing 92 RESPONSE re #88 MOTION to Take Judicial Notice filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
MINUTE ORDER granting #93 Motion for Leave to File Excess Pages. Signed by Judge Barbara Jacobs Rothstein on 6/24/13. (Reed, Heather) Modified on 6/25/2013 (tth). |
Filing 91 RESPONSE re #85 MOTION Seeking Production of Documents OPPOSITION TO THE FDIC'S BRIEF SEEKING PRODUCTION OF DOCUMENTS filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Myles, Kristin) |
Filing 90 Memorandum in opposition to re #73 MOTION to Dismiss filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (znmw, ) |
Filing 89
TRANSCRIPT OF PROCEEDINGS before Judge Barbara Jacobs Rothstein held on 3-8-13; Page Numbers: 1-15. Date of Issuance:6-18-13. Court Reporter/Transcriber Lisa M. Foradori, Telephone number 202-354-3269, Court Reporter Email Address : L4dori@hotmail.com. < < < Redaction Request due 7/9/2013. Redacted Transcript Deadline set for 7/19/2013. Release of Transcript Restriction set for 9/16/2013.(Foradori, Lisa) |
NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #87 Memorandum in Opposition was entered in error as a separate docket entry and has been added as a proposed exhibit to Docket Entry #86 Unopposed MOTION for Leave to File Excess Pages until the motion has been ruled upon. (znmw, ) |
MINUTE ORDER granting #86 Motion for Leave to File Excess Pages. Signed by Judge Barbara Jacobs Rothstein on 6/18/13. (Reed, Heather) Modified on 6/19/2013 (znmw, ). |
Filing 88 MOTION to Take Judicial Notice by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Myles, Kristin) |
Filing 87 ENTERED IN ERROR.....Memorandum in opposition to re #73 MOTION to Dismiss filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Myles, Kristin) Modified on 6/18/2013 (znmw, ). |
Filing 86 Unopposed MOTION for Leave to File Excess Pages by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 [Proposed] Order)(Myles, Kristin) (Additional attachment(s) added on 6/18/2013: #2 Exhibit Memorandum in Opposition) (znmw, ). |
Filing 85 MOTION Seeking Production of Documents by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit Exhibit A)(Basdekis, Athanasios) |
Filing 84 ORDER denying #69 Motion for Certification of Order for Immediate Appeal under 28 U.S.C. sec. 1292(b). Signed by Judge Barbara Jacobs Rothstein on 6/17/13. (Reed, Heather) |
Filing 83 MINUTE ORDER regarding telephonic discovery conference held on June 10, 2013. Signed by Judge Barbara Jacobs Rothstein on 6/17/13. (Reed, Heather) |
Set/Reset Deadlines: Joint Proposed Order due by 6/14/2013. (tth) |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Telephone Conference held on 6/10/2013. (Court Reporter: Crystal Pilgrim) (tth) |
MINUTE ORDER: The parties are instructed to jointly submit a proposed order setting forth the Court's rulings made during the telephonic discovery conference held today. The proposed order shall be submitted by Friday, June 14, 2013. Signed by Judge Barbara Jacobs Rothstein on 6/10/13. (Reed, Heather) |
Filing 82 REPLY to opposition to motion re #79 MOTION to Stay Briefing of Defendant's Motion To Dismiss Pending Resolution of Plaintiff's Potential Challenge of FDIC's No-Value Determination / Reply in Support of Motion to Stay Briefing of Defendant's Motion to Dismiss Pending Resolution of Plaintiff's Potential Challenge of FDIC's No Value Determination filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Attachments: #1 Declaration Supplemental Declaration of Patrick L. Robson, #2 Exhibit 1 to Supplemental Declaration of Patrick L. Robson, #3 Exhibit 2 to Supplemental Declaration of Patrick L. Robson, #4 Exhibit 3 to Supplemental Declaration of Patrick L. Robson)(Robson, Patrick) |
Set/Reset Hearings: Telephone Discovery Conference set for 6/10/2013, at 04:00 PM in Chambers before Judge Barbara Jacobs Rothstein. (tth) |
Filing 81 RESPONSE re #79 MOTION to Stay Briefing of Defendant's Motion To Dismiss Pending Resolution of Plaintiff's Potential Challenge of FDIC's No-Value Determination filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: #1 Exhibit A)(Basdekis, Athanasios) |
MINUTE ORDER: A telephonic discovery conference will be held on June 10, 2013 at 4:00 pm. The FDIC is to initiate the conference call. Signed by Judge Barbara Jacobs Rothstein on 6/4/13. (Reed, Heather) |
Set/Reset Deadlines: Response due by 6/4/2013; Reply due by 6/7/2013. (tth) |
MINUTE ORDER granting #80 Motion for Briefing Schedule. The opposition to BOA's Motion to Stay is due on or before June 4, 2013. The Reply is due on or before June 7, 2013. The remaining briefing regarding the FDIC's Motion to Dismiss is stayed pending resolution of the Motion to Stay. Signed by Judge Barbara Jacobs Rothstein on 6/3/13. (Reed, Heather) Modified on 6/3/2013 (tth). |
Filing 80 Joint MOTION for Briefing Schedule Regarding Plaintiff's Motion to Stay by FEDERAL DEPOSIT INSURANCE CORPORATION (Bailey, Benjamin) |
Filing 79 MOTION to Stay Briefing of Defendant's Motion To Dismiss Pending Resolution of Plaintiff's Potential Challenge of FDIC's No-Value Determination by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Patrick L. Robson in Support of Motion to Stay Briefing of Defendant's Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Robson, Patrick) |
Set/Reset Deadlines: Opposition to Dispositive Motion due by 6/3/2013. Reply to Dispositive Motions due by 6/17/2013. (tth) |
MINUTE ORDER granting #78 Motion for Extension of the Briefing Schedule Regarding the FDIC's Motion to Dismiss. BOA shall filed its opposition to the motion no later than June 3, 2013, and the FDIC must file its reply no later than June 17, 2013. Signed by Judge Barbara Jacobs Rothstein on 5/14/13. (Reed, Heather) |
Filing 78 Joint MOTION for Extension of Time to extend briefing schedule regarding the FDIC's Motion to Dismiss (ECF No. 73) by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Text of Proposed Order)(Robson, Patrick) |
Filing 77 ORDER granting Amended Stipulation for the Production and Exchange of Confidential Information. Signed by Judge Barbara Jacobs Rothstein on 5/8/13. (Reed, Heather) Modified event title on 5/9/2013 (znmw, ). |
Filing 76 NOTICE of Proposed Order by FEDERAL DEPOSIT INSURANCE CORPORATION re #73 MOTION to Dismiss (Attachments: #1 Text of Proposed Order)(Basdekis, Athanasios) |
Filing 75 ERRATA Omitted Exhibit C by FEDERAL DEPOSIT INSURANCE CORPORATION #73 MOTION to Dismiss filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: #1 Exhibit C)(Basdekis, Athanasios) |
NOTICE OF ERROR re #74 Errata; emailed to tbasdekis@baileyglasser.com, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Exhibit must be accompanied by an Errata or Notice of Filing. (znmw, ) |
Filing 74 ENTERED IN ERROR.....ERRATA attaching Exhibit C inadvertently left off of previous filing by FEDERAL DEPOSIT INSURANCE CORPORATION #73 MOTION to Dismiss filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) Modified on 5/6/2013 (znmw, ). |
Filing 73 MOTION to Dismiss by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit A, #2 Exhibit B)(Basdekis, Athanasios) |
Filing 72 MOTION to Take Judicial Notice by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit A)(Basdekis, Athanasios) |
Filing 71 REPLY to opposition to motion re #69 Amended MOTION for Certification for interlocatory appeal filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Myles, Kristin) |
Filing 70 Memorandum in opposition to re #69 Amended MOTION for Certification for interlocatory appeal filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
MINUTE ORDER: FDIC shall respond to BOA's informal discovery resquests by 4/30/2013; FDIC shall respond to BOA's formal discovery requests by 5/30/2013; BOA shall respond to the FDIC's discovery requests by 6/14/2013; Fact discovery deadline: 11/18/2013; Initial expert and rebuttal experts deadlines to remain the same: 10/5/2013 and 11/8/2013; Dispositive motions deadline: 4/14/2014. Signed by Judge Barbara Jacobs Rothstein on 4/2/2013. (tth) |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Telephone Conference held on 4/2/2013. Revised Scheduling Order to be issued. (Court Reporter: Vicki Eastvold) (tth) |
NOTICE OF CORRECTED DOCKET ENTRY: re #68 MOTION for Certification for interlocatory appeal was entered in error at the request of counsel and counsel refiled said pleading as entry #69 . (rdj) |
Filing 69 Amended MOTION for Certification for interlocatory appeal by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service)(Myles, Kristin) |
Filing 68 ENTERED IN ERROR.....MOTION for Certification for interlocatory appeal by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Memorandum in Support of Motion for Certification of Order for Immediate Appeal, #2 Text of Proposed Order, #3 Certificate of Service)(Myles, Kristin) Modified on 3/29/2013 (rdj). |
Filing 67 ORDER granting #66 Stipulation. Signed by Judge Barbara Jacobs Rothstein on 3/13/13. (Reed, Heather) |
Filing 66 STIPULATION and Order for the Production and Exchange of Confidential Information by BANK OF AMERICA, NATIONAL ASSOCIATION. (Robson, Patrick) |
Filing 65 SCHEDULING ORDER. Signed by Judge Barbara Jacobs Rothstein on 3/8/13. (Reed, Heather) |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Status Conference held on 3/8/2013. (Court Reporter: Lisa Foradori) (tth) |
Set/Reset Deadlines: Add or amend claims or parties by 5/10/2013; Fact Discovery due by 9/6/2013. Dispositive Motions due by 2/7/2014. Initial expert witness report due by 10/5/2013. Rebuttal expert witness reports due by 11/8/2013. (tth) |
Filing 64 ORDER terminating #55 Motion to Clarify. Signed by Judge Barbara Jacobs Rothstein on 3/6/13. (Reed, Heather) |
Filing 63 MEET AND CONFER STATEMENT. (Robson, Patrick) |
Filing 62 NOTICE of Withdrawal of Sarala V. Nagala by BANK OF AMERICA, NATIONAL ASSOCIATION (Robson, Patrick) |
Filing 61 NOTICE of Withdrawal of Joseph J. Saltarelli and Bonnie K. Arthur by BANK OF AMERICA, NATIONAL ASSOCIATION (Robson, Patrick) |
Filing 60 NOTICE of Appearance by Jonathan H. Lasken on behalf of BANK OF AMERICA, NATIONAL ASSOCIATION (Lasken, Jonathan) |
Filing 59 REPLY to opposition to motion re #55 MOTION to ClarifyCourt's December 10, 2012 Opinion and Order filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Myles, Kristin) |
Filing 58 CERTIFICATE OF SERVICE by BANK OF AMERICA, NATIONAL ASSOCIATION of Rule 26(a)(1) Disclosures. (Robson, Patrick) |
Filing 57 CERTIFICATE OF SERVICE by FEDERAL DEPOSIT INSURANCE CORPORATION Supplemental Rule 26(a)(1) Disclosures. (Basdekis, Athanasios) |
Filing 56 RESPONSE re #55 MOTION to ClarifyCourt's December 10, 2012 Opinion and Order filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
Filing 55 MOTION to ClarifyCourt's December 10, 2012 Opinion and Order by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration in Support of Motion for Clarification, #2 Exhibit A to Myles Declaration, #3 Exhibit B to Myles Declaration, #4 Exhibit C to Myles Declaration, #5 Exhibit D to Myles Declaration, #6 Text of Proposed Order)(Myles, Kristin) |
Filing 54 CERTIFICATE OF SERVICE by FEDERAL DEPOSIT INSURANCE CORPORATION of Rule 26(a)(1) Disclosures. (Basdekis, Athanasios) |
MINUTE ORDER: The Initial Status Conference in this matter is rescheduled to March 8, 2013 at 9:00 am before Judge Barbara Jacobs Rothstein in Courtroom 12 at the E. Barrett Prettyman Federal Courthouse. Signed by Judge Barbara Jacobs Rothstein on 1/18/13. (Reed, Heather) |
Set/Reset Hearings: Initial Scheduling Conference set for 3/8/2013, at 09:00 AM in Courtroom 12 before Judge Barbara Jacobs Rothstein. (tth) |
Filing 53 ANSWER to #25 Answer to Amended Complaint, COUNTERCLAIM,, by BANK OF AMERICA, NATIONAL ASSOCIATION. Related document: #25 Answer to Amended Complaint, COUNTERCLAIM,, filed by FEDERAL DEPOSIT INSURANCE CORPORATION.(Robson, Patrick) |
Set/Reset Deadlines/Hearings: Answer to the FDIC's Counterclaims due by 1/14/2013; Initial Conference set for 2/8/2013, at 10:00 AM in Courtroom 12 before Judge Barbara Jacobs Rothstein. (tth) |
MINUTE ORDER granting #52 MOTION for Extension of Time to File Answer to Defendant's Counterclaims filed by BANK OF AMERICA, NATIONAL ASSOCIATION. The Court hereby grants BOA a twenty (20) day extension within which to file and serve its Answer to the FDIC's Counterclaims. The Answer is due on or before January 14, 2013. The Initial Status Conference previously scheduled for January 25, 2013 is rescheduled to February 8, 2013 at 10:00 am in courtroom 12 at the E. Barrett Prettyman Federal Courthouse. Signed by Judge Barbara Jacobs Rothstein on 12/31/12. (Reed, Heather) Modified on 1/2/2013 (tth). |
MINUTE ORDER granting #52 Motion for Extension of Time to file Answer. Signed by Judge Barbara Jacobs Rothstein on 12/31/12. (Reed, Heather) |
Filing 52 MOTION for Extension of Time to File Answer to Defendant's Counterclaims by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Attachment, #2 Text of Proposed Order)(Emory, Frank) |
Filing 51 ORDER granting in part and denying in part #26 Motion to Dismiss; granting in part and denying in part #37 Motion to Dismiss. Signed by Judge Barbara Jacobs Rothstein on 12/10/2012. (tth) |
Filing 50 MEMORANDUM OPINION ON CROSS MOTIONS TO DISMISS. Signed by Judge Barbara Jacobs Rothstein on 12/10/2012. (tth) |
NOTICE OF CORRECTED DOCKET ENTRY: re #48 Order on Motion to Dismiss was entered in error and refiled by the Clerk's Office.(tth) |
MINUTE ORDER: An Initial Status Conference will be held before Judge Rothstein at the E. Barrett Prettyman Federal Courthouse, courtroom 12, at 10:00 am on January 25, 2013. The parties are instructed to refer to the Standing Order for Civil Cases for further instructions. Signed by Judge Barbara Jacobs Rothstein on 12/11/12. (Reed, Heather) |
Set/Reset Hearings: Initial Scheduling Conference set for 1/25/2013, at 10:00 AM in Courtroom 12 before Judge Barbara Jacobs Rothstein. (tth) |
Filing 49 STANDING ORDER FOR ALL CIVIL CASES. Signed by Judge Barbara Jacobs Rothstein on 12/10/12. (Reed, Heather) |
Filing 48 ENTERED IN ERROR.....ORDER granting in part and denying in part #26 Motion to Dismiss. Signed by Judge Barbara Jacobs Rothstein on 12/10/12. (Reed, Heather) Modified on 12/11/2012 (tth). |
Minute Entry for proceedings held before Judge Barbara Jacobs Rothstein: Motion Hearing held on 10/2/2012 re pending #26 , #37 Motions to Dismiss. Motions heard and taken under advisement. (Court Reporter: Patricia Kaneshiro-Miller) (cdw) |
Filing 47 NOTICE of Appearance by Michael L. Murphy on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Murphy, Michael) |
MINUTE ORDER. Oral arguments shall be held at 1:00 p.m., October 2, 2012. Counsel shall disregard the time indicated on the previous minute order, as it was an error. Signed by Judge Barbara Jacobs Rothstein on 10/1/12.(lcbjr2) |
MINUTE ORDER. On October 2, 2012 at 10:00 am in Courtroom 12, Judge Barbara Jacobs Rothstein will entertain oral argument on the parties' cross motions to dismiss. The hearing will be structured as follows: the court will hear arguments on Defendant FDIC's motion to dismiss first. The parties will have twenty minutes each for argument and five minutes for defendant's rebuttal. The court will then hear arguments on Plaintiff Bank of America's ("BOA") motion to dismiss. Again, the parties will have twenty minutes each for argument and five minutes for plaintiff's rebuttal. Counsel should be prepared to discuss the following issues at the hearing: (1) whether BOA is bringing a claim on behalf of itself independent of its role as a custodian, indentured trustee and/or bailee under the relevant agreements between the parties; (2) whether Colonial Bank and/or Platinum Community Bank had possession of or received benefit from the transfers that form the basis of the fraudulent transfer claims in Counts 9 and 10 of the First Amended Complaint; (3) what consideration, if any, was given by Colonial to BOA under the bailee letters; (4) assuming that many claims will survive the motions to dismiss, how do the parties plan to prove their cases, and (5) any other issue that counsel feels is important for the court to consider. Signed by Judge Barbara Jacobs Rothstein on 9/28/12.(lcbjr2) |
Set/Reset Hearings: Motion Hearing reset for 10/2/2012, at 01:00 PM in Courtroom 12 before Judge Barbara Jacobs Rothstein. (tth) |
ENTERED IN ERROR.....Set/Reset Deadline: Expert Reports due by 10/16/2012. (tth) Modified on 9/21/2012 (tth). |
MINUTE ORDER: The hearing on the parties' cross motions to dismiss is rescheduled to October 2, 2012 at 1:00 pm in Courtroom 12 before Judge Rothstein. Signed by Judge Barbara Jacobs Rothstein on 9/20/12. (Reed, Heather) |
MINUTE ORDER: The court reinstates oral arguments on the parties' cross motions. Oral arguments are rescheduled to September 24, 2012 at 9:30 before Judge Rothstein in Courtroom 12. Signed by Judge Barbara Jacobs Rothstein on 9/12/12. (Reed, Heather) |
Set/Reset Deadlines/Hearings: Motion Hearing set for 9/24/2012 at 9:30 AM in Courtroom 12 before Judge Barbara Jacobs Rothstein. (cdw) |
MINUTE ORDER: The court has determined that hearing oral arguments on the pending motions to dismiss will not be helpful to its resolution of the motions. Accordingly, the hearing scheduled for September 13, 2012 is canceled. Signed by Judge Barbara Jacobs Rothstein on 9/9/12. (Reed, Heather) |
Filing 46 NOTICE of Order on Motion for Relief of Automatic Stay by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Exhibit A)(Arthur, Bonnie) |
Filing 45 NOTICE of filing stay-relief motion in bankruptcy action by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Exhibit Motion for Relief of Stay)(Arthur, Bonnie) |
Set/Reset Hearings: Motion Hearing set for 9/13/2012, 10:00 AM in Courtroom 12 before Judge Barbara Jacobs Rothstein. (tth) |
MINUTE ORDER: The parties' request for a hearing on the FDIC's Motion to Dismiss the First Amended Complaint #26 and the Bank of America's Motion to Dismiss Counterclaims #37 is granted. The hearing will be held on September 13, 2012 at 10:00 am in Courtroom Number 12. Signed by Judge Barbara Jacobs Rothstein on 7/16/12. (Reed, Heather) |
Filing 44 STATUS REPORT by FEDERAL DEPOSIT INSURANCE CORPORATION. (Basdekis, Athanasios) |
MINUTE ORDER: The court, having been notified that the Multi-District Litigation Panel declined to exercise jurisdiction over this matter and defendant's motion to transfer the case to the Southern District of New York was denied, hereby lifts the stay imposed on this case on March 20, 2012. The parties are directed to file a joint status report up-dating the court on the status of the case within fifteen (15) days of the entry of this minute order. Signed by Judge Barbara Jacobs Rothstein on 6/18/12. (Reed, Heather) |
STAY LIFTED. (tg, ) |
Case Stayed (tth) |
MINUTE ORDER staying the case. In light of defendant's motion to transfer this case to the Southern District of New York, which is now pending before the Judicial Panel on Multidistrict Litigation, this case is hereby stayed until further notice. Signed by Judge Barbara Jacobs Rothstein on March 20, 2012. (lchhk1) |
Filing 43 REPLY to opposition to motion re #37 MOTION to Dismiss FDIC's Counterclaims filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Myles, Kristin) |
Filing 42 Case reassigned by consent to Judge Barbara Jacobs Rothstein. Judge James E. Boasberg no longer assigned to the case. (gt, ) |
Filing 41 Memorandum in opposition to re #37 MOTION to Dismiss FDIC's Counterclaims filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Text of Proposed Order)(Basdekis, Athanasios) |
Set/Reset Deadlines: The FDIC shall file an opposition to #36 Bank of America's Motion to Dismiss the FDIC's Counterclaims on or before 1/13/2012; Bank of America shall file a reply on or before 3/02/2012. (ad) |
MINUTE ORDER granting #40 Joint Motion for Extension of Time. The FDIC shall file an opposition to #36 Bank of America's Motion to Dismiss the FDIC's Counterclaims on or before January 13, 2012, and Bank of America shall file a reply on or before March 2, 2012. Signed by Judge James E. Boasberg on 12/21/2011. (lcjeb3) |
Filing 40 Joint MOTION for Extension of Time to File Response/Reply to Dispositive Motions by FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
Filing 39 REPLY to opposition to motion re #26 MOTION to Dismiss with Memorandum in Support of Motion to Dismiss First Amended Complaint filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bailey, Benjamin) |
Set/Reset Deadlines: FDIC may file a reply in support of its Motion to Dismiss on or before 11/18/2011; FDIC may file an opposition to Bank of America's Motion to Dismiss on or before 12/23/2011; and Bank of America may file a reply in support of its Motion to dismiss on or before 1/27/2012. (ad) |
MINUTE ORDER granting #38 Joint Motion for Extension of Time to File Response/Reply. FDIC may file a reply in support of its Motion to Dismiss on or before 11/18/2011; FDIC may file an opposition to Bank of America's Motion to Dismiss on or before 12/23/2011; and Bank of America may file a reply in support of its Motion to dismiss on or before 1/27/2012. Signed by Judge James E. Boasberg on 11/3/2011. (lcjeb3) Modified on 11/3/2011 (ad). |
Filing 38 Joint MOTION for Extension of Time to File Response/Reply to Dispositive Motions by BANK OF AMERICA, NATIONAL ASSOCIATION (Arthur, Bonnie) |
Filing 37 MOTION to Dismiss FDIC's Counterclaims by BANK OF AMERICA, NATIONAL ASSOCIATION re #36 Memorandum in support(Attachments: #1 Text of Proposed Order)(Arthur, Bonnie) Modified on 10/24/2011 to add linkage (rdj). |
Filing 36 Memorandum in support of Motion Dismiss FDIC's Counterclaims by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration Myles Declaration, #2 Exhibit Exhibit A to Myles Declaration, #3 Exhibit Exhibit B to Myles Declaration, #4 Exhibit Exhibit C to Myles Declaration, #5 Exhibit Exhibit D to Myles Declaration)(Arthur, Bonnie) Modified on 10/24/2011 to correct title (td, ). |
Filing 35 Memorandum in opposition to re #26 MOTION to Dismiss with Memorandum in Support of Motion to Dismiss First Amended Complaint filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Attachments: #1 Declaration Declaration of Patrick L. Robson, #2 Exhibit Exhibit A to Robson Declaration, #3 Exhibit Exhibit B to Robson Declaration, #4 Exhibit Exhibit C to Robson Declaration, #5 Exhibit Exhibit D to Robson Declaration, #6 Exhibit Exhibit E to Robson Declaration, #7 Exhibit Exhibit F to Robson Declaration, #8 Exhibit Exhibit G to Robson Declaration, #9 Exhibit Exhibit H to Robson Declaration, #10 Exhibit Exhibit I to Robson Declaration, #11 Exhibit Exhibit J to Robson Declaration)(Arthur, Bonnie) |
MINUTE ORDER granting #31 Motion for Admission Pro Hac Vice of Mark T.G. Dworsky. Signed by Judge James E. Boasberg on 10/03/2011. (lcjeb3) |
MINUTE ORDER granting #33 Motion for Admission Pro Hac Vice of Michael J. O'Sullivan. Signed by Judge James E. Boasberg on 10/3/2011. (lcjeb3) |
MINUTE ORDER granting #32 Motion for Admission Pro Hac Vice of Gregory D. Phillips. Signed by Judge James E. Boasberg on 10/3/2011. (lcjeb3) |
MINUTE ORDER granting #34 Motion for Admission Pro Hac Vice of Alissa Branham. Signed by Judge James E. Boasberg on 10/3/2011. (lcjeb3) |
Filing 34 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alissa Branham, :Firm- Munger, Tolles & Olson LLP, :Address- 355 South Grand Avenue, 35th Floor, Los Angeles, CA 90071-1560. Phone No. - 213-683-9164. Fax No. - 213-683-4064 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice of Alissa Branham, #2 Text of Proposed Order of Admission Pro Hac Vice of Alissa Branham)(Arthur, Bonnie) |
Filing 33 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. O'Sullivan, :Firm- Munger, Tolles & Olson LLP, :Address- 355 South Grand Avenue, 35th Floor, Los Angeles, CA 90071-1560. Phone No. - 213-683-9525. Fax No. - 213-683-4025 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Michael J. O'Sullivan in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice of Michael J. O'Sullivan)(Arthur, Bonnie) |
Filing 32 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory D. Phillips, :Firm- Munger, Tolles & Olson LLP, :Address- 355 South Grand Avenue, 35th Floor, Los Angeles, CA 90071-1560. Phone No. - 213-683-9276. Fax No. - 213-683-5176 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Gregory D. Phillips in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice of Gregory D. Phillips)(Arthur, Bonnie) |
Filing 31 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marc T.G. Dworsky, :Firm- Munger, Tolles & Olson LLP, :Address- 355 South Grand Avenue, 35th Floor, Los Angeles, CA 90071-1560. Phone No. - 213-683-9256. Fax No. - 213-683-5156 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Marc T.G. Dworsky in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice of Marc T.G. Dworsky)(Arthur, Bonnie) |
Filing 30 MOTION for Order of Admission Pro Hac Vice of Kristin Linsley Myles by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice of Kristin Linsley Myles, #2 Text of Proposed Order for Admission Pro Hac Vice of Kristin Linsley Myles)(Arthur, Bonnie) |
Filing 29 MOTION for Order of Admission Pro Hac Vice of Sarala V. Nagala by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Sarala V. Nagala in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice of Sarala V. Nagala)(Arthur, Bonnie) |
Filing 28 MOTION for Order of Admission of Richard C. St. John Pro Hac Vice by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration of Richard C. St. John In Support of Motion for Admission Pro hac Vice, #2 Text of Proposed Order for Admission of Richard C. St. John Pro Hac Vice)(Arthur, Bonnie) |
MINUTE ORDER granting #29 Motion for Admission Pro Hac Vice of Sarala V. Nagala. Signed by Judge James E. Boasberg on 09/30/2011. (lcjeb3) |
MINUTE ORDER granting #28 Motion for Admission Pro Hac Vice of Richard C. St. John. Signed by Judge James E. Boasberg on 09/30/2011. (lcjeb3) |
MINUTE ORDER granting #30 Motion for Admission Pro Hac Vice of Kristin Linsley Myles. Signed by Judge James E. Boasberg on 09/30/2011. (lcjeb3) |
Set/Reset Deadlines: Plaintiff shall file its Opposition to Defendants Motion to Dismiss and its response to Defendant's Counterclaims by 10/21/2011; Defendant shall file its Reply by 11/04/2011; Defendant shall further file its Opposition to Plaintiff's dispositive motion in response to the Counterclaims by 11/21/2011; Plaintiff shall file its Reply brief by 12/05/2011. (ad) |
MINUTE ORDER GRANTING #27 Motion for Extension of Time to File Response/Reply. Plaintiff shall file its Opposition to Defendants Motion to Dismiss and its response to Defendant's Counterclaims by October 21, 2011; Defendant shall file its Reply by November 4, 2011; if required, Defendant shall further file its Opposition to Plaintiff's dispositive motion in response to the Counterclaims by November 21, 2011; if appropriate, Plaintiff shall file its Reply brief by December 5, 2011. Signed by Judge James E. Boasberg on 08/29/2011. (lcjeb2) |
Filing 27 MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss with Memorandum in Support of Motion to Dismiss First Amended Complaint and #25 ANSWER to Amended Complaint, COUNTERCLAIM against Bank of America National Association, by Federal Deposition Insurance Corporation, by BANK OF AMERICA, NATIONAL ASSOCIATION (Arthur, Bonnie) |
Filing 26 MOTION to Dismiss with Memorandum in Support of Motion to Dismiss First Amended Complaint by FEDERAL DEPOSIT INSURANCE CORPORATION (Bailey, Benjamin) |
Filing 25 Federal Deposit Insurance Corporation, in its capacity as receiver for Platinum Community Bank ANSWER to #20 Amended Complaint, COUNTERCLAIM against BANK OF AMERICA, NATIONAL ASSOCIATION by FEDERAL DEPOSIT INSURANCE CORPORATION. Related document: #20 Amended Complaint filed by BANK OF AMERICA, NATIONAL ASSOCIATION.(Bailey, Benjamin) |
Set/Reset Deadlines: Defendant shall answer or otherwise respond to the Amended complaint by 8/12/2011; Plaintiff shall answer by 9/16/2011, if a Motion to Dismiss is filed. (ad) Modified on 6/14/2011 (ad). |
Filing 24 Third MOTION for Extension of Time to File Answer re #1 Complaint by BANK OF AMERICA, NATIONAL ASSOCIATION (Arthur, Bonnie) |
Filing 23 ENTERED IN ERROR.....Third MOTION for Extension of Time to File Answer re #1 Complaint by BANK OF AMERICA, NATIONAL ASSOCIATION (Arthur, Bonnie) Modified on 6/13/2011 (jf, ). |
NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #23 Third MOTION for Extension of Time to File Answer re #1 Complaint was entered in error at the request of counsel and will be refiled. (jf, ) |
MINUTE ORDER GRANTING #24 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the Amended Complaint by August 12, 2011. Should a Motion to Dismiss be filed, Plaintiff shall answer by September 16, 2011. Signed by Judge James E. Boasberg on 06/13/2011. (lcjeb2, ) |
Filing 22 Joint MOTION for Extension of Time to File Response/Reply to First Amended Complaint by FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
MINUTE ORDER GRANTING #22 Motion for Extension of Time to File Response/Reply. Defendant shall answer Complaint by June 17, 2011. Plaintiff shall reply to Motion to Dismiss, if filed, by July 15, 2011. Signed by Judge James E. Boasberg on 5/13/2011. (lcjeb2) |
Set/Reset Deadlines: Defendant shall answer Complaint by 6/17/2011; Plaintiff shall reply to the Motion to Dismiss by 7/15/2011. (ad) |
Filing 21 Consent MOTION for Extension of Time to File Answer re #20 Amended Complaint by BANK OF AMERICA, NATIONAL ASSOCIATION (Arthur, Bonnie) |
MINUTE ORDER GRANTING #21 Motion for Extension of Time to Answer. In the future, parties should seek extentions by motions rather than by stipulations. Signed by Judge James E. Boasberg on 4/18/2011. (lcjeb2) |
Set/Reset Deadlines: Defendant shall file answer or responsive pleading by 4/26/2011. (ad) |
Set/Reset Deadlines: Plaintiff shall file its opposition to Defendant's Motion to Dismiss by 5/13/2011; Defendant shall reply by 6/13/2011. (ad) |
MINUTE ORDER finding as moot #16 Motion to Dismiss in light of Plaintiff's Amended Complaint. Defendant shall file answer or responsive pleading by April 26, 2011. Signed by Judge James E. Boasberg on 4/12/2011. (lcjeb2) |
NOTICE OF CORRECTED DOCKET ENTRY: re Order on Motion for Extension of Time to File Response/Reply was entered in error. Deadlines for the response and reply have been vacated. (jeb, ) |
Filing 20 AMENDED COMPLAINT against FEDERAL DEPOSIT INSURANCE CORPORATION filed by BANK OF AMERICA, NATIONAL ASSOCIATION.(td, ) |
MINUTE ORDER granting #19 Motion to Amend/Correct Complaint as a Matter of Course. Signed by Judge James E. Boasberg on 4/11/2011. (lcjeb2) Modified on 4/12/2011 (ad). |
ENTERED IN ERROR.....MINUTE ORDER granting #18 Motion for Extension of Time to File Response/Reply. Plaintiff shall file its opposition to Defendant's Motion to Dismiss by May 13, 2011, and Defendant shall reply by June 13, 2011. Signed by Judge James E. Boasberg on 4/11/2011. (lcjeb2) Modified on 4/12/2011 to reflect the motion for extension of time was moot at the time of the filing of the amended complaint. (jeb, ). |
Filing 19 First MOTION to Amend/Correct #1 Complaint as a matter of course by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 First Amended Complaint)(Arthur, Bonnie) |
Case randomly reassigned to U.S. District Judge James E. Boasberg. Judge Reggie B. Walton no longer assigned to the case. (gt, ) |
Filing 18 Consent MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Complaint by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Text of Proposed Order)(Arthur, Bonnie) |
Filing 17 MEMORANDUM In Support re #16 MOTION to Dismiss Complaint filed by FEDERAL DEPOSIT INSURANCE CORPORATION by FEDERAL DEPOSIT INSURANCE CORPORATION. (Bailey, Benjamin) |
Filing 16 MOTION to Dismiss Complaint by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Bailey, Benjamin) |
Filing 15 ORDER granting #13 Motion to Admit Benjamin L. Bailey Pro Hac Vice. Benjamin J. Bailey of Bailey & Glasser, LLP, 209 Capitol Street, Charleston, West Virginia 25301, is admitted to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on 3/1/2011 (lcrbw1). Modified on 3/2/2011 (zmpt, ). |
Filing 14 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher S. Morris, :Firm- Bailey & Glasser, LLP, :Address- 209 Capitol Street, Charleston, WV 25301. Phone No. - 304-345-6555. Fax No. - 304-342-1110 by FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
Filing 13 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin L. Bailey, :Firm- Bailey & Glasser, LLP, :Address- 209 Capitol Street, Charleston, WV 25301. Phone No. - 304-345-6555. Fax No. - 304-342-1110 by FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
Filing 12 NOTICE of Appearance by Athanasios Basdekis on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Basdekis, Athanasios) |
MINUTE ORDER granting #14 Motion to Admit Christopher S. Morris Pro Hac Vice. The Court having considered the defendant's Motion to Admit Christopher S. Morris Pro Hac Vice, and it appearing to the Court that there is good cause to grant the relief requested therein, it is ORDERED that the motion is GRANTED. It is further ORDERED that Christopher Morris of Bailey & Glasser, LLP, 209 Capitol Street, Charleston, West Virginia 25301, is ADMITTED to practice before this Court pro hac vice. Signed by Judge Reggie B. Walton on 3/1/2011 (lcrbw1). |
MINUTE ORDER granting #11 Motion to Admit Attorney Pro Hac Vice. The Court having considered the plaintiff's motion to admit Michael B. Kruse pro hac vice, and it appearing to the Court that there is good cause to grant the relief requested therein, it is ORDERED that the motion is GRANTED. It is further ORDERED that Michael B. Kruse of Hunton & Williams LLP, 200 Park Avenue, 52nd Floor, New York, New York 10166-0005, is admitted to practice before this Court pro hac vice. Signed by Judge Reggie B. Walton on 2/22/2011 (lcrbw1). |
MINUTE ORDER granting #10 Motion to Admit Attorney Pro Hac Vice. The Court having considered the plaintiff's motion to admit Joseph J. Saltarelli pro hac vice, and it appearing to the Court that there is good cause to grant the relief requested therein, it is ORDERED that the motion is GRANTED. It is further ORDERED that Joseph J. Saltarelli of Hunton & Williams LLP, 200 Park Avenue, 52nd Floor, New York, New York 10166-0005, is admitted to practice before this Court pro hac vice. Signed by Judge Reggie B. Walton on 2/22/2011 (lcrbw1). |
Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael B. Kruse, :Firm- Hunton & Williams LLP, :Address- 200 Park Avenue, 52nd Floor, New York, NY 10166-005. Phone No. - (212) 309-1387. Fax No. - (212) 309-1885 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Arthur, Bonnie) |
Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph J. Saltarelli, :Firm- Hunton & Williams LLP, :Address- 200 Park Avenue, 52th Floor, New York, NY 10166-0005. Phone No. - (212) 309-1048. Fax No. - (212) 309-1852 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Arthur, Bonnie) |
Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. Date of Service Upon U.S. Attorney 1/13/2011. Answer due for ALL FEDERAL DEFENDANTS by 3/14/2011. (Arthur, Bonnie) |
Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 1/13/2011. (Arthur, Bonnie) |
Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERIAL DEPOSIT INSURANCE CORPORATION served on 1/14/2011 (Arthur, Bonnie) Modified to add correct party served on 1/31/2011 (td, ). |
MINUTE ORDER granting #6 Motion to Admit Attorney Pro Hac Vice. The Court having considered the motion of Patrick L. Robson to be admitted to practice before this Court pro hac vice, and it appearing to the Court that there is good cause to grant the relief requested therein, it is ORDERED that the motion is GRANTED. It is further ORDERED that Patrick L. Robson, Hunton & Williams LLP, Bank of America Plaza, Suite 3500, 101 South Tryon Street, Charlotte, North Carolina 28280, (704) 378-4700, is admitted to practice before this Court pro hac vice. Signed by Judge Reggie B. Walton on 11/10/2010 (lcrbw1). |
Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patrick L. Robson, :Firm- Hunton & Williams, :Address- Bank of America Plaza, Ste 3500, 101 S Tryon St, Charlotte, NC 28280. Phone No. - 704 378 4700. Fax No. - 704 378 4890 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Arthur, Bonnie) |
Filing 5 NOTICE of Appearance by Frank E. Emory, Jr on behalf of BANK OF AMERICA, NATIONAL ASSOCIATION (Emory, Frank) |
Filing 4 NOTICE OF WITHDRAWAL OF MOTION by BANK OF AMERICA, NATIONAL ASSOCIATION re #3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Frank E. Emory, Jr., :Firm- Hunton & Williams LLP, :Address- 101 South Tryon Street, Charlotte, NC 28280. Phone No. - 704-378-4700. Fax No. - 704-378-4890 (Arthur, Bonnie) |
Filing 3 (WITHDRAWN PURSUANT TO DOCKET ENTRY NO. #4 . . . . . MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Frank E. Emory, Jr., :Firm- Hunton & Williams LLP, :Address- 101 South Tryon Street, Charlotte, NC 28280. Phone No. - 704-378-4700. Fax No. - 704-378-4890 by BANK OF AMERICA, NATIONAL ASSOCIATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Arthur, Bonnie) Modified on 11/3/2010 (ztd, ). |
Filing 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BANK OF AMERICA, NATIONAL ASSOCIATION (Arthur, Bonnie) |
Summons (1) Issued as to FEDERAL DEPOSIT INSURANCE CORPORATION. (rdj) |
Filing 1 COMPLAINT against FEDERAL DEPOSIT INSURANCE CORPORATION ( Filing fee $ 350, receipt number 4616033163) filed by BANK OF AMERICA, NATIONAL ASSOCIATION. (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(rdj) |
SUMMONS (3) Issued as to FEDERAL DEPOSIT INSURANCE CORPORATION, U.S. Attorney and U.S. Attorney General (rdj) |
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