Federal Housing Finance Agency v. Bank of America Corporation et al
| Federal Housing Finance Agency and The Federal Home Loan Mortgage Corporation |
| Daniel B. Goodwin, Michael J. Kula, William L. Maxwell, Banc of America Mortgage Securities, Inc., James H. Luther, Bank of America Corporation, Juliaana Johnson, Antoine Schetritt, Aashish Kamat, Banc of America Funding Corporation, Merrill Lynch, Pierce, Fenner & Smith, Inc., George C. Carp, Robert Caruso, Bank of America, National Association, Adam D. Glassner, Asset Backed Funding Corporation, George E. Ellison and Mark I. Ryan |
| 1:2011cv06195 |
| September 2, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Denise L Cote |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
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Filing 681
CORRECTED OPINION & ORDER #105091: An Order of November 28 denied defendants August 17 motion to dismiss the Amended Complaint in this action (the August 17 Motion) on the ground that the Courts prior Opinions in the FHFA litigation comprehensively address the arguments in support of dismissal raised by the defendants in this case (the November 28 Order). On December 5, defendants moved for reconsideration of the November 28 Order, arguing that none of the Courts prior opinions, including opinions issued after Defendants filed their Motion, addressed their argument that Plaintiffs claims for ten of the certificates at issue are barred because Plaintiff alleges that the [GSEs] purchased those certificates before defendants made the allegedly actionable statements. For the reasons that follow, defendants December 5 motion for reconsideration is granted; their August 17 motion to dismiss is denied. (Signed by Judge Denise L. Cote on 12/18/2014) (gr) Modified on 12/22/2014 (soh).
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| Filing 680 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE. (Signed by Judge Denise L. Cote on 4/1/2014) (gr) Modified on 4/1/2014 (gr). |
| Filing 679 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Federal Housing Finance Agency.(Selendy, Philippe) |
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Filing 678
ORDER granting #677 Motion to Stay until April 1, 2014. (Signed by Judge Denise L. Cote on 3/27/2014) (gr)
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| Filing 677 JOINT MOTION to Stay. Document filed by Federal Housing Finance Agency. (Attachments: #1 Text of Proposed Order)(Selendy, Philippe) |
| Filing 676 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 21, 2014 re: Defendants Submission in Response to FHFAs March 14, 2014 Letter to the Court. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (Redacted), #3 Exhibit C (Redacted), #4 Exhibit 1 To Hamburg Declaration)(Cady, Steven) |
| Filing 675 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/21/2014 re: Response to Defendants' March 14, 2014 Letter. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Bruce, Eric) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/21/2014. (gr) |
| Filing 674 SEALED DOCUMENT placed in vault.(mps) |
| Filing 673 MEMO ENDORSEMENT granting #670 Motion to Withdraw as Attorney. Attorney Pamela Lynne Van Dort terminated. (Signed by Judge Denise L. Cote on 3/18/2014) (gr) |
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Filing 672
ORDER: In letters of March 5 and March 14, the parties raised discovery disputes regarding privilege claims. It is hereby ORDERED that a telephone conference will be held with the parties to address this issue on March 18, 2014 at 11:00 AM. (Signed by Judge Denise L. Cote on 3/18/2014) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/18/2014. (Court Reporter Alena Lynch) (gr) |
| Filing 671 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/14/2014 re: Response to Defendants' March 5, 2014 Letters. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Bruce, Eric) |
| Filing 670 MOTION for Pamela L. Van Dort to Withdraw as Attorney. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Van Dort, Pamela) |
| Filing 669 LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 3.12.14 Document filed by Federal Housing Finance Agency.(Sheth, Manisha) |
| Filing 668 ENDORSED LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated 3/7/2014 re: Defendants' request to be allowed to respond to FHFA's submission with a two-page letter, together with supporting exhibits as needed, by no later than March 14, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/7/2014) (gr) |
| Filing 667 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 7, 2014 re: request for until March 14 to respond to FHFA's March 5, 2014 submissions. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 666 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 5, 2014 re: FHFA's Invocation of the Deliberative Process Privilege. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Declaration of Robert W. Hamburg attaching exhibits, #2 Exhibit A (redacted), #3 Exhibit B, #4 Exhibit C (redacted), #5 Exhibit D (redacted), #6 Exhibit E (redacted), #7 Exhibit F (redacted), #8 Exhibit G, #9 Exhibit H, #10 Exhibit I (redacted))(Cady, Steven) |
| Filing 665 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 5, 2014 re: FHFA's Invocation of the Bank Examination Privilege. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Declaration of Reginald R. Goeke attaching exhibits, #2 Exhibit A (redacted), #3 Exhibit B, #4 Exhibit C (redacted), #5 Exhibit D (redacted), #6 Exhibit E (redacted), #7 Exhibit F (redacted), #8 Exhibit G, #9 Exhibit H, #10 Exhibit I (redacted))(Cady, Steven) |
| Filing 664 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 5, 2014 re: FHFA's Invocation of the Attorney-Client Privilege. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Declaration of Reginald R. Goeke attaching exhibits, #2 Exhibit A (redacted), #3 Exhibit B (redacted), #4 Exhibit C (redacted), #5 Exhibit D, #6 Exhibit E, #7 Exhibit F (redacted), #8 Exhibit G (redacted), #9 Exhibit H (redacted), #10 Exhibit I (redacted), #11 Exhibit J (redacted), #12 Exhibit K (redacted))(Cady, Steven) |
| Filing 663 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/5/2014 re: Defendants Productions. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bruce, Eric) |
| Filing 662 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated March 5, 2014 re: request that the Court compel FHFA to produce documents that FHFA has placed at issue and thereby waived privilege. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Declaration of N. Mahmood Ahmad attaching exhibits, #2 Exhibit A (redacted), #3 Exhibit B, #4 Exhibit C (redacted), #5 Exhibit D (redacted), #6 Exhibit E (redacted), #7 Exhibit F (redacted), #8 Exhibit G (redacted), #9 Exhibit H, #10 Exhibit I (redacted), #11 Exhibit J (redacted), #12 Exhibit K (redacted), #13 Exhibit L (redacted))(Cady, Steven) |
| Filing 661 ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff FHFA dated 3/6/2014 re: Letter requesting that it be allowed to respond with a single letter not to exceed eight pages - and additional attorney declarations should be they necessary to respond to Defendants' submissions of last night. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/6/2014) (gr) |
| Filing 660 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/6/2014 re: Defendants March 5, 2014 submission. Document filed by Federal Housing Finance Agency.(Bruce, Eric) |
| Filing 659 ENDORSED LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 2/28/2014 re: Request for an extension permitting the parties to complete the remaining depositions by no later than March 31. 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/3/2014) (gr) |
| Filing 658 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated February 28, 2014 re: Deadline for Bank of America Depositions. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
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Filing 657
ORDER. In a letter dated 2/19/2014, plaintiff FHFA raised a discovery dispute regarding subpoenas served on third parties Clayton Holdings LLC and Pentalpha Surveillance. Defendants filed a responsive letter on 2/21. It is hereby ORDERED that a telephone conference will be held with the parties to address this issue on 2/24/2014 at 04:00 PM. (Signed by Judge Denise L. Cote on 2/24/2014) (gr)
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| Filing 656 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated February 21, 2014 re: request for reconsideration of the Courts ex parte order provisionally granting FHFAs February 19, 2014 request for a protective order limiting Defendants Rule 30(b)(6) depositions of Clayton and Pentalpha. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R (Redacted), #19 Exhibit S (Redacted), #20 Exhibit T (Redacted), #21 Exhibit U (Redacted), #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Cady, Steven) |
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Filing 655
ENDORSED LETTER addressed to Judge Denise L. Cote from Letter on behalf of Plaintiff Federal Housing Finance Agency ("FHFA") dated 2/19/2014 re: FHFA's request for protective order re: Clayton & Pentalpha 30(b)(6) Depositions. ENDORSEMENT: This application is granted pending an opportunity for Williams & Connolly to be heard. To the extent the deposition goes forward on 2/21/14; it shall not include the topics to which FHFA objects. (Signed by Judge Denise L. Cote on 2/20/2014) (gr)
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| Filing 654 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 2.19.14 re: FHFAs Request for Protective Order re: Clayton & Pentalpha 30(b)(6) Depositions. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Chung, Christine) |
| Filing 653 ENDORSED LETTER addressed to Judge Denise L. Cote from Sascha N. Rand and Manisha M. Sheth dated 2/18/2014 re: FHFA's Request for Scheduling Adjustments. ENDORSEMENT: Having considered the defendants' opposition in the 2/19/14 letter from Williams & Connolly, the FHFA request for an extension is granted. (Signed by Judge Denise L. Cote on 2/19/2014) (gr) |
| Filing 652 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated February 19, 2014 re: opposition to FHFAs February 18, 2014 application for unilateral extensions of the expert deadlines in the Merrill Lynch and Bank of America actions. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 651 LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated February 18, 2014 re: Expert Schedule in Bank of America and Merrill Lynch. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sheth, Manisha) |
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Filing 650
MEMORANDUM OPINION & ORDER. A January 8, 2014 Order addressed the use in these coordinated New York Actions of documents produced by FHFA in the Countrywide litigation, which is ongoing in California, to Bank of America (BofA") and Royal Bank of Scotland ("RBS") ("January 8 Order"). Through letters of January 14 and 23, and February 11, defense counsel who jointly represent BofA and Merrill Lynch request consideration of the January 8, 2014 Order. In a letter of February 13, FHFA opposes this request. For the following reasons, the request for reconsideration of the January 8 Order is denied. (Signed by Judge Denise L. Cote on 2/14/2014) (gr)
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Filing 649
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 2/10/2014 re: Defendants respectfully request that the July 2, 2013 Order be lifted and that defendants and their counsel be permitted to interview former GSE, FHFA, and OFHEO employees who are willing to be interviewed and who are not represented by counsel in these matters. ENDORSEMENT: Any response from FHFA is due 2/14/2014. (Signed by Judge Denise L. Cote on 2/13/2014) (gr)
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| Filing 648 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated February 11, 2014 re: additional support for Defendants' request that the Court reconsider its January 8, 2014 Order prohibiting use of documents produced in the Countrywide Action -- and request for an Order compelling FHFA to cure deficiencies in its production in these Actions. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 647 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated February 10, 2014 re: request that the Court's July 2, 2013 Order be lifted and that defendants be permitted to interview in advance of trial former GSE, FHFA, and OFHEO employees who are willing to be interviewed and who are not represented by counsel in these matters. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 646 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated February 3, 2014 re: response to FHFA's January 31, 2014 letter seeking to prevent Defendants in these multi-billion dollar Actions from taking relevant depositions of Ocwen and other loan servicers. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
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Filing 645
ORDER granting #642 Motion to Withdraw as Attorney. Attorney Jennifer L. Gibbons terminated. (Signed by Judge Denise L. Cote on 1/31/2014) (gr)
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| Filing 644 LETTER addressed to Judge Denise L. Cote from Christine Chung dated January 31, 2014 re: Defendants' Servicer Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
| Filing 643 ENDORSED LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated 1/28/2014 re: The parties request that the Court grant an extension permitting the parties to complete these remaining depositions by no later than February 28, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/29/2014) (gr) |
| Filing 642 MOTION for Jennifer L. Gibbons to Withdraw as Attorney. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Gibbons, Jennifer) |
| Filing 641 LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated 1.28.14 re: Deadline for Bank of America Depositions. Document filed by Federal Housing Finance Agency.(Rand, Sascha) |
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Filing 640
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 1/23/2014 re: Letter in response to the Court's request at yesterday's telephone conference that the parties alert the Court whether there remains a dispute regarding FHFA's attempt to preclude Defendants' from obtaining in discovery a small group of documents from Freddie Mac's auditor, PricewaterhouseCoopers ("PwC"), that are relevant to, inter alia, Defendant's negative loss causation defenses and FHFA's burden of proving loss causing and damages in the fraud actions. ENDORSEMENT: The material being sought is not "consistent with the 6/17/13 Order", as represented in defense counsel's 1/17/14 letter. This application is denied. There is no need to revisit the 6/17/13 Order at this time. (Signed by Judge Denise L. Cote on 1/27/2014) (gr)
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| Filing 639 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated January 23, 2014 re: follow-up to Defendants' January 14, 2014 request that the Court reconsider its January 8, 2014 Order precluding use of documents produced in the FHFA Countrywide Action during discovery, motion practice, or trial in the FHFA NY Actions. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 638 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated January 23, 2014 re: FHFAs Request for a Protective Order Prohibiting Defendants from Obtaining the GSEs' Post-Complaint Impairment Documents from Third Parties. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
| Filing 637 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated January 23, 2014 re: follow-up on Defendants' January 17, 2014 letter responding to FHFA's attempt to preclude Defendants from obtaining a small group of documents from PwC relevant to loss causation defenses and damages. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 1/22/2014. (Court Reporter Linda Fisher and Martha Drevis) (gr) |
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Filing 636
ORDER...By letter of January 17, 2014, plaintiff FHFA requests that the Court schedule the Morgan Stanley action for trial beginning on September 29, 2014. Morgan Stanley and Credit Suisse oppose that request by letters of January 17 and January 19, respectively. It is hereby ORDERED that the HSBC action will be tried beginning on September 29, 2014. IT IS FURTHER ORDERED that should the Goldman action be resolved by settlement or summary judgment, the Ally Financial action will be tried in its place, and should the Credit Suisse action be resolved, the Morgan Stanley action will be tried in its place.IT IS FURTHER ORDERED that, if another action then scheduled to begin trial on September 29, 2014 is resolved by settlement or summary judgment, the Court will try in its place the Morgan Stanley action or the Ally Financial action, if one is not yet scheduled for a September 2014 trial. IT IS FURTHER ORDERED that the parties shall meet and confer to address any scheduling issues related to the September trial schedule. (Signed by Judge Denise L. Cote on 1/22/2014) (gr)
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| Filing 635 STIPULATION REGARDING LOAN FILE AND GUIDELINE MATCHING. (Signed by Judge Denise L. Cote on 1/21/2014) (gr) |
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Filing 634
ORDER: Telephone Conference set for 1/22/2014 at 05:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/21/2014) (gr)
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| Filing 633 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated January 17, 2014 re: Stipulation of Loan Files and Guidelines. Document filed by Federal Housing Finance Agency. (Attachments: #1 Supplement Enclosure)(Chung, Christine) |
| Filing 632 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated January 17, 2014 re: response to FHFAs January 14, 2014 letter seeking to preclude Defendants from obtaining a small group of documents from PwC relevant to loss causation defenses. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
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Filing 631
ENDORSED LETTER addressed to Judge Denise L. Cote from Jon Corey and Christine Chung dated 11/14/2013 re: Letter on behalf of Plaintiff FHFA requesting entry of a protective order prohibiting Defendants from circumventing the Court June 17, 2013 order limiting the discoveryability of post-complaint impairment documents. ENDORSEMENT: Granted, conditionally. BofA may respond to this application by 1/21/2014. Until any ruling in response to that submission, this order shall remain in place. (Signed by Judge Denise L. Cote on 1/15/2014) (gr)
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| Filing 630 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated January 15, 2014 re: response to FHFAs January 13, 2014 letter seeking to preclude Defendants from questioning CoreLogic regarding its automated valuation models. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted))(Cady, Steven) |
| Filing 629 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated January 14, 2014 re: Protective Order Prohibiting Defendants from Obtaining the GSEs' Post-Complaint Impairment Documents from Third Parties. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Chung, Christine) |
| Filing 628 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated January 14, 2014 re: request that the Court reconsider its January 8, 2014 Order barring use of documents produced in the Countrywide Action during discovery, motion practice, or trial in the NY Actions. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 627 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated January 13, 2014 re: Protective Order Limiting Scope of Defendants CoreLogic Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10-1, #11 Exhibit 10-2)(Chung, Christine) |
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Filing 626
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 1/13/2014 re: Defendants respectfully request that the July 2, 2013 Order be lifted and that defendants and their counsel be permitted to interview former GSE, FHFA, and OFHEO employees who are willing to be interviewed and (1) who are not represented by counse in these matters or (2) whose counsel consents for them to be interviewed. ENDORSEMENT: The attorneys for Merrill Lynch shall meet and confer with plaintiff's counsel regarding this request and bring an unresolved issue to the Court's attention. (Signed by Judge Denise L. Cote on 1/13/2014) (gr)
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| Filing 625 STIPULATION REGARDING LOAN FILE AND GUIDELINE MATCHING. (Signed by Judge Denise L. Cote on 1/13/2014) (gr) |
| Filing 624 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated January 13, 2014 re: request that the Court's July 2, 2013 Order be lifted and defense counsel be permitted to interview certain witnesses. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 623 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated January 10, 2014 re: Stipulation of Loan Files and Guidelines. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Supplement Enclosures)(Chung, Christine) |
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Filing 622
ORDER. The Court and the parties in these coordinated actions have spent countless hours addressing the proper scope of discovery in this litigation. A significant portion of this time and effort has been devoted to identifying the proper scope of discovery to be provided to the defendants by FHFA insofar as it concerns the operations of the GSEs' Single Family businesses...(See Order) Accordingly, it is hereby ORDERED that the parties shall not be permitted to use documents produced in the Countrywide action, but not the New York Actions, during discovery, motion practice, or trial in the New York Actions. IT IS FURTHER ORDERED that the counsel for BofA is reminded that letters to this Court are limited in length to two pages. (Signed by Judge Denise L. Cote on 1/8/2014) (gr)
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| Filing 621 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated January 6, 2014 re: Amended Originator and CoreLogic Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chung, Christine) |
| Filing 620 ENDORSED LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 1/2/2014 re: FHFA and the Credit Suisse Defendants jointly seek an extension until January 3, 2014 to submit executed Stipulations. FHFA and the Bank of America Defendants jointly seek an extension until January 10, 2014 to submit executed Stipulations. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/6/2014) (gr) |
| Filing 619 ENDORSED LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth, Christine H. Chung, Richard A. Schirtzer, Michael A. Hanin dated 12/23/2013 re: FHFA requests a brief extension, until December 27, 2013, to submit executed Stipulations to the Court, together with the parties' stipulated Loan Files and Guidelines, in the Tranche 3 and 4 cases. ENDORSEMENT: Granted, nunc pro tunc. (Signed by Judge Denise L. Cote on 1/6/2014) (gr) |
| Filing 618 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 12/20/2013 re: Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: Granted, nunc pro tunc. (Signed by Judge Denise L. Cote on 1/6/2014) (gr) |
| Filing 617 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 1.6.14 re: RBS Single Family Subpoena. Document filed by Federal Housing Finance Agency.(Selendy, Philippe) |
| Filing 616 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 1.2.14 re: Request for Stipulation Extensions. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 615 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated December 27, 2013 re: Stipulation of Loan Files and Guidelines in Tranches 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
| Filing 614 NOTICE of of Withdrawal of Steven M. Cady as counsel of record for individual defendants George C. Carp, Daniel B. Goodwin, and Mark I. Ryan. Document filed by George C. Carp, Daniel B. Goodwin, Mark I. Ryan. (Cady, Steven) |
| Filing 613 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated December 23, 2013 re: Stipulation of Loan Files and Guidelines in Tranches 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1)(Chung, Christine) |
| Filing 612 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 12.20.13 re: Stipulation of Loan Files and Guidelines in Tranches 3 and 4. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 611 NOTICE OF APPEARANCE by Katherine Webber Kern Harrington on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Kern Harrington, Katherine) |
| Filing 610 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated December 19, 2013 re: Use of Countrywide Documents in Discovery, Summary Judgment and Trial. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Chung, Christine) |
| Filing 609 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 12.19.13 re: Information Requested During Dec. 9, 2013 Hearing. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A)(Chung, Christine) |
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Filing 608
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 12/18/2013 re: The Court's Order of this afternoon, granting ex parte FHFA's request for a protective order. ENDORSEMENT: The issues raised in the FHFA's letter have been the subject of countless applications to the Court. In the event the defendants sought to obtain this discovery despite those conferences and rulings, they should have made a prior application to the Court. In the event the parties reach agreement, that discovery may proceed. Otherwise, the Court will be available for any application on 1/6/14. Any communication with the Court by letter should be filed in accordance with this district's ECF rules. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
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| Filing 607 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, Michael A. Hanin dated 12/17/2013 re: Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/18/2013) (gr) |
| Filing 606 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 12/18/2013 re: Order re Third-Party Discovery. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Stewart, Beth) |
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Filing 605
ORDER...In a letter of December 17, the FHFA reports that the defendants have renewed their efforts to obtain from third parties, including originators and the due diligence vendor CoreLogic, documents that the Court has ruled they may not obtain in discovery from the GSEs. The FHFA seeks a protective order. It is hereby ORDERED that the defendants cease efforts to obtain from third parties the types of documents and information that this Court has previously ruled they may not obtain from the GSEs or others. IT IS FURTHER ORDERED that the defendants shall promptly inform each third-party of whom they have made such requests that the third parties should not comply. IT IS FURTHER ORDERED that the defendants shall promptly amend their Rule 30(b)(6) deposition subpoenas and Rule 45 subpoenas to eliminate topics and document requests relating to the GSEs Single Family businesses, including those items listed in footnote 5 of the FHFA December 17 letter. IT IS FURTHER ORDERED that the parties shall meet and confer. If the parties reach agreement, they shall submit a joint proposal by January 6, 2014. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
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| Filing 604 NOTICE OF APPEARANCE by Margaret Winterkorn Meyers on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Meyers, Margaret) |
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Filing 603
ORDER....Having considered the parties' written submissions, the November 22 transcript, the passage of time, and the centrality of this information to a critical defense in this action, it is hereby ORDERED that FHFA's Request is granted. IT IS FURTHER ORDERED that Credit Suisse shall provide by January 10, 2014, a report on the status of its compliance with this Order. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
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| Filing 602 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 12.17.13 re: Stipulation of Loan Files and Guidelines. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 601 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated December 17, 2013 re: Defendants Single Family Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Chung, Christine) |
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Filing 600
OPINION AND ORDER. FHFA's September 27, 2013 motion for partial summary judgment is granted. Defendants' November 1, 2013 motion to certify a question of law is denied. (Signed by Judge Denise L. Cote on 12/16/2013) (gr)
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| Filing 599 NOTICE OF CHANGE OF ADDRESS by Matthew McPherson Balf Riccardi on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. New Address: Richards Kibbe & Orbe LLP, 200 Liberty Street, New York, NY, USA 10281, 212-530-1800. (Riccardi, Matthew) |
| Filing 598 DECLARATION of Beth A. Stewart in Opposition re: #513 MOTION for Partial Summary Judgment.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stewart, Beth) |
| Filing 597 MEMORANDUM OF LAW in Opposition re: #513 MOTION for Partial Summary Judgment.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Stewart, Beth) |
| Filing 596 NOTICE OF CHANGE OF ADDRESS by H. Rowan Gaither, IV on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. New Address: Richards Kibbe & Orbe LLP, 200 Liberty Street, New York, NY, USA 10281, 212-530-1800. (Gaither, H.) |
| Filing 595 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated December 10, 2013 re: Misstatements in Defendants Reply Memorandum in Support of Certification to Virginia. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Selendy, Philippe) |
| Filing 594 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated December 10, 2013 re: FHFA's letter regarding certification of a question of law to the Virginia Supreme Court. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Thomason, Kyle) |
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Filing 593
OPINION AND ORDER. The Individual Defendants' August 13, 2013 motion for partial judgment on the pleadings is denied. (Signed by Judge Denise L. Cote on 12/10/2013) (gr)
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| Filing 592 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 12/6/2013 re: FHFA's Status Report re Depositions. ENDORSEMENT: Granted. The FHFA and HSBC shall advise the Court this week if they fail to reach an agreement. (Signed by Judge Denise L. Cote on 12/9/2013) (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 12/9/2013. (Court Reporters Patricia Nilson and Steve Greenblum) (gr) |
| Filing 591 LETTER addressed to Judge Denise L. Cote from Christine Chung dated December 6, 2013 re: FHFA Deposition Status Update. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 590 DECLARATION of Beth A. Stewart in Support re: #547 MOTION Notice of Motion to Certify a Determinative Question of Law.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Stewart, Beth) |
| Filing 589 REPLY MEMORANDUM OF LAW in Support re: #547 MOTION Notice of Motion to Certify a Determinative Question of Law.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Stewart, Beth) |
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Filing 588
STIPULATION AND ORDER REGARDING SCHEDULING ADJUSTMENTS. So Ordered. (Signed by Judge Denise L. Cote on 12/6/2013) (gr)
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| Filing 587 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated December 6, 2013 re: FHFAs Response to Defendants 11/15/2013 Request for Single Family Bulk Discovery. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4- Redacted, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Chung, Christine) |
| Filing 586 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 12/6/2013 re: Single Family Flow Loans. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted, #7 Exhibit G - Redacted, #8 Exhibit H - Redacted, #9 Exhibit I - Redacted, #10 Exhibit J - Redacted, #11 Exhibit K - Redacted, #12 Exhibit L - Redacted, #13 Exhibit M - Redacted)(Schirtzer, Richard) |
| Filing 585 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth, Michael A. Hanin dated 12/3/2013 re: Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: The joint request for extension are approved. The requests that do not reflect consent will be approved if no objection is made by 12/5/13. (Signed by Judge Irving Ben Cooper on 12/4/2013) (gr) |
| Filing 584 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 12.3.13 re: STATUS REPORT. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
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Filing 583
ORDER granting #579 Motion for Marshall M. Searcy III to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 582
ORDER granting #574 Motion for Amy Mason Saharia to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 581 NOTICE OF APPEARANCE by Brittany Kaye Frassetto on behalf of Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Frassetto, Brittany) |
| Filing 580 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/15/2013 re: On behalf of all Defendants in the above-referenced Actions, we write regarding FHFA's objections to Clayton's production of documents showing the pre-purchase due diligence the GSEs performed on their own purchases of pools of Alt-A and subprime loans to determine whether those loans complied with originators' underwriting guidelines. ENDORSEMENT: Denied for the reasons stated in FHFA's 11/22 letter and stated in prior rulings in these actions. This request is untimely and does not meet the standards set for further document production in the Opinion of 6/28/13. (Signed by Judge Denise L. Cote on 11/25/2013) (gr) |
| Filing 579 MOTION for Marshall M. Searcy III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9113569. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 California Certificate of Good Standing)(Kutscher, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #579 MOTION for Marshall M. Searcy III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9113569. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #579 MOTION for Marshall M. Searcy III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9113569. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 578 DECLARATION of JORDAN A. GOLDSTEIN in Support re: #513 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Selendy, Philippe) |
| Filing 577 MEMORANDUM OF LAW in Opposition re: #547 MOTION Notice of Motion to Certify a Determinative Question of Law.. Document filed by Federal Housing Finance Agency. (Selendy, Philippe) |
| Filing 576 REPLY MEMORANDUM OF LAW in Support re: #513 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Selendy, Philippe) |
| Filing 575 LETTER addressed to Judge Denise L. Cote from Christine Chung and Richard Schirtzer dated November 22, 2013 re: FHFA's Redacted Response to Defendant's November 15, 2013 Letter. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Redacted, #3 Exhibit 3, #4 Exhibit 4 - Redacted, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted)(Chung, Christine) |
| Filing 574 MOTION for Amy Mason Saharia to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9111442. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Text of Proposed Order)(Saharia, Amy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #574 MOTION for Amy Mason Saharia to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9111442. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 573
SCHEDULING ORDER: A Conference will be held to address the issues raised in a series of letters from defendants and any other open issues on 12/9/2013 at 02:30 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 11/20/2013) (gr)
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Filing 572
ORDER granting #571 Motion for Pamela L. Van Dort to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 571 MOTION for Pamela L. Van Dort to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9090988. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Order, #2 Certificate of Service, #3 California - Certificate of Good Standing, #4 District of Columbia - Certificate of Good Standing)(Kutscher, Andrew) |
| Filing 570 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth and Michael A. Hanin dated 11/13/2013 re: Status Report on Depositions. ENDORSEMENT: Approved. Pursuant to the 11/15/13 letter from counsel from Credit Suisse, the FHFA and Credit Suisse shall advise the Court by November 22 if they are unable to reach an agreement. (Signed by Judge Denise L. Cote on 11/15/2013) (gr) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #571 MOTION for Pamela L. Van Dort to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9090988. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 569 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/15/2013 re: Defendants' discovery requests to Clayton. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association.(Vaughn, Benjamin) |
| Filing 567 FIRST LETTER addressed to Judge Denise L. Cote from Christine Chung dated November 13, 2013 re: FHFA update on status of deposition discovery in the SDNY coordinated cases and requests for targeted relief. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit Exhibit 1: Individual Capacity Depositions of Defendants' Witnesses in FHFA Actions)(Chung, Christine) |
| Filing 566 ENDORSED LETTER addressed to Judge Denise L. Cote from Kanchana Wangkeo Leung dated 11/12/2013 re: We write on behalf of FHFA regarding its Motion for Partial Summary Judgment on Defendants' Loss Causation Defense Under the Virginia and D.C. Blue Sky Laws...FHFA respectfully requests a four-day extension until November 22, 2013, to file its reply brief....Defendants do not object to FHFA's request for an extension. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/13/2013) (gr) |
| Filing 568 MANDATE of USCA (Certified Copy) USCA Case Number 13-1122. Petitioners, through counsel, have filed a petition for a writ of mandamus seeking reversal of certain discovery rulings made by the district court in these coordinated cases. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioners have not demonstrated that they lack an adequate, alternative means of obtaining the relief they seek i.e., an appeal from a final judgment. See Linde v. Arab Bank, PLC, 706 F.3d 92, 107, 117-18 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/12/2013. (nd) |
| Filing 565 FIRST LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated November 12, 2013 re: FHFA request for four-day extension to file loss causation summary judgment reply brief. Document filed by Federal Housing Finance Agency.(Sheth, Manisha) |
| Filing 564 NOTICE OF APPEARANCE by Sascha Nicholas Rand on behalf of Federal Housing Finance Agency. (Rand, Sascha) |
| Filing 563 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/12/2013 re: We write to respond to the scheduling issue raised by FHFA with respect to the deposition of Peter Niculescu, the Executive Vice President in charge of Fannie Mae's Capital Markets group from 2002-2008. ENDORSEMENT: Counsel shall confer further to find dates other than 11/15 and 12/6. (Signed by Judge Denise L. Cote on 11/12/2013) (gr) |
| Filing 562 NOTICE OF APPEARANCE by James Matthew Hamann on behalf of Federal Housing Finance Agency. (Hamann, James) |
| Filing 561 NOTICE OF APPEARANCE by Erica Paige Taggart on behalf of Federal Housing Finance Agency. (Taggart, Erica) |
| Filing 560 NOTICE OF APPEARANCE by Marlo A. Leach on behalf of Federal Housing Finance Agency. (Leach, Marlo) |
| Filing 559 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/12/2013 re: Response to FHFA Letter re Deposition of P. Niculescu. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association.(Stewart, Beth) |
| Filing 558 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 11/12/2013 re: Niculescu Deposition. Document filed by Federal Housing Finance Agency.(Odom, Mary) |
| Filing 557 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 11.8.13 re: CLAYTON. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
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Filing 556
ENDORSED LETTER addressed to Judge Denise L. Cote from Plaintiff FHFA dated 11/5/2013 re: On behalf of Plaintiff FHFA, we write to update the COurt on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated February 27, 2013 (the "Supplemental ESO").ENDORSEMENT: Granted. (signature on page 4 of letter) (Signed by Judge Denise L. Cote on 11/8/2013) (gr)
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| Filing 555 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/7/2013 re: Request for Oral Argument. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association.(Stewart, Beth) |
| Filing 554 DECLARATION of Beth A. Stewart in Support re: #547 MOTION Notice of Motion to Certify a Determinative Question of Law.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Stewart, Beth) |
| Filing 553 MEMORANDUM OF LAW in Support re: #547 MOTION Notice of Motion to Certify a Determinative Question of Law.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Stewart, Beth) |
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Filing 552
SCHEDULING ORDER: Plaintiff shall serve any opposition to Defendants' motion to certify to the Supreme Court of Virginia the question of whether a loss causation defense exits under that State's Blue Sky law by by 11/22/2013. Any reply shall be served by 12/6/2013. (Signed by Judge Denise L. Cote on 11/7/2013) (gr)
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| Filing 551 ENDORSED LETTER addressed to Judge Denise L. Cote from Beth Stewart dated 11/1/2013 re: We write on behalf of Defendants in the FHFA cases pursuant to Rule 4(A) of Your Honor's local rules regarding Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment on Defendants' Loss Causation Defense Under the Virginia and D.C. Blue Sky Laws (the "Opposition"). ENDORSEMENT: The parties shall consult to determine whether FHFA requests that the material be redacted from the public filing. If so, FHFA shall provide a justification for its request by 11/14/13. (Signed by Judge Denise L. Cote on 11/7/2013) (gr) |
| Filing 550 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 11/6/2013 re: Single Family Investigation. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Schirtzer, Richard) |
| Filing 549 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated November 5, 2013 re: FHFA Status Report re Production and Stipulation of Loan Files and Guidelines in Tranche 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Beth A. Stewart to RE-FILE Document #548 Memorandum of Law in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 548 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #547 MOTION Notice of Motion to Certify a Determinative Question of Law.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association. (Attachments: #1 Affidavit in support of motion, #2 Text of Proposed Order)(Stewart, Beth) Modified on 11/4/2013 (db). |
| Filing 547 MOTION Notice of Motion to Certify a Determinative Question of Law. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association.(Stewart, Beth) |
| Filing 546 LETTER addressed to Judge Denise L. Cote from Beth A. Stewart dated 11/1/2013 re: Opposition to FHFA's Motion for Partial Summary Judgment. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association.(Stewart, Beth) |
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Filing 545
STIPULATION AND ORDER Regarding Deposition of Frank Vetrano. (Signed by Judge Denise L. Cote on 10/31/2013) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 10/31/2013. (Court Reporter Sabrina D'Emidio) (gr) |
| Filing 544 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 10/25/2013 re: Defendants' request that the deadline to respond be extended to November 1, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/29/2013) (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/24/2013. (Court Reporter Sabrina D'Emidio) (gr) |
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Filing 543
ORDER granting #483 Motion for Jonathan M. Landy to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 542
ORDER granting #540 Motion for Alexis A. Lien to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 541
SCHEDULING ORDER: In a letter of October 18, 2013, plaintiff FHFA raised a discovery dispute regarding document production from third-party Clayton Holdings LLC ("Clayton"). It is hereby ORDERED that a telephone Conference will be held with Clayton and the parties to address this issue on 10/24/2013 at 03:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/22/2013) (gr)
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| Filing 540 MOTION for Alexis Anne Lien to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8999571. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Lien, Alexis) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #540 MOTION for Alexis Anne Lien to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8999571. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 539 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.18.13 re: Clayton. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Chung, Christine) |
| Filing 537 LETTER addressed to Judge Denise L. Cote from FHFA dated 10/17/2013 re: Plaintiff's Opposition to Defendants' Motion to Compel Production of Privileged Documents. Document filed by Federal Housing Finance Agency.(McGill, David) |
| Filing 536 NOTICE OF APPEARANCE by David Harrison McGill on behalf of Federal Housing Finance Agency. (McGill, David) |
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Filing 538
OPINION & ORDER: The defendants August 30, 2013 motion to compel production of documents withheld by FHFA on the basis of the bank examination and deliberative process privileges is denied. (Signed by Judge Denise L. Cote on 10/16/2013) (djc)
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Filing 535
STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF THIRD-PARTY REPORTS AND COMMUNICATIONS RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING REVIEWS. SO ORDERED. (Signed by Judge Denise L. Cote on 10/16/2013) (gr)
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Filing 534
ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff FHFA dated 10/15/2013 re:...we write to update the Court on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated 2/27/13... ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 10/16/2013) (gr)
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| Filing 533 NOTICE OF APPEARANCE by Walter Christian Pfeffer on behalf of Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Pfeffer, Walter) |
| Filing 532 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated October 15, 2013 re: FHFA Status Report re Production and Stipulation of Loan Files and Guidelines in Tranche 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
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Filing 531
JOINT STIPULATION AND ORDER REGARDING SCHEDULING OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' LOSS CAUSATION DEFENSE UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS AND PLAINTIFF'S REPLY TO SAME. Defendants will file their opposition to the Motion no later than 10/28/2103; and Plaintiff will file any reply to Defendant's opposition no later than November 18, 2013. (Signed by Judge Denise L. Cote on 10/15/2013) (gr)
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| Filing 530 NOTICE OF APPEARANCE by Manisha M. Sheth on behalf of Federal Housing Finance Agency. (Sheth, Manisha) |
| Filing 529 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated October 10, 2013 re: FHFA's Letter of October 4, 2013. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association.(Cohen, Gabriel) |
| Filing 528 LETTER addressed to Judge Denise L. Cote from CHRISTINE H. CHUNG dated 10.4.13 re: Single Family Issues. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Chung, Christine) |
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Filing 527
ORDER: Accordingly, it is hereby ORDERED that the defendants' October 3 application to depose Gussmann and Kenneweg for one day apiece without losing the opportunity to use a total of 41 deposition days for up to 26 deponents is granted. (Signed by Judge Denise L. Cote on 10/4/2013) (lmb)
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| Filing 526 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.4.2013 re: Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan) |
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Filing 525
ORDER. In a letter of October 2, 2013, defendants seek clarification of the Court's September 23, 2013 Order regarding depositions. This Order responds to the defendants' request for such "clarification." [See Order]. (Signed by Judge Denise L. Cote on 10/3/2013) (gr)
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| Filing 524 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.2.13 re: Deposition Order Clarification. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan) |
| ***DELETED DOCUMENT. Deleted document number 521 STANDING ORDER M10-468. The document was incorrectly filed in this case. (jar) Modified on 10/2/2013 (jar). |
| Filing 523 NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of Federal Housing Finance Agency. (Selendy, Philippe) |
| Filing 522 NOTICE OF APPEARANCE by Andrew Henry Kutscher on behalf of Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Kutscher, Andrew) |
| Filing 520 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated September 30, 2013 re: FHFAs' Response to Defendants' letter dated September 27, 2013. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
| Filing 519 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 9/27/2013 re: Production and Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: Granted. (Endorsement located on page 3 of letter) (Signed by Judge Denise L. Cote on 9/30/2013) (gr) |
| Filing 518 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated September 27, 2013 re: FHFA Status Report re Production and Stipulation of Loan File. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine) |
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Filing 517
ORDER granting #512 Motion for Kyle E. Thomason to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 516 RULE 56.1 STATEMENT. Document filed by Federal Housing Finance Agency. (Goldstein, Jordan) |
| Filing 515 DECLARATION of JORDAN A. GOLDSTEIN in Support re: #513 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goldstein, Jordan) |
| Filing 514 MEMORANDUM OF LAW in Support re: #513 MOTION for Partial Summary Judgment. PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS LOSS CAUSATION DEFENSE UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS. Document filed by Federal Housing Finance Agency. (Goldstein, Jordan) |
| Filing 513 MOTION for Partial Summary Judgment. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan) |
| Filing 512 MOTION for Kyle Eugene Thomason to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8909290. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Thomason, Kyle) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #512 MOTION for Kyle Eugene Thomason to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8909290. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 511 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9/25/2013 re: FHFA Actions. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan) |
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Filing 510
STIPULATION AND ORDER CONCERNING ADJUSTMENTS TO EXPERT DISCOVERY SCHEDULE. It is Now Stipulated and Agreed By the Parties That: The fact and expert discovery schedules in FHFA v.JP Morgan Chase & Co., 11 Civ. 6188 (DLC), FHFA v. Merrill Lynch & Co., Inc., 11 Civ. 6202 (DLC), and FHFA v. Bank of America Corp., 11 Civ. 6195 (DLC) shall be modified by the dates set forth in Exhibit 1. (See Exhibit 1) (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
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Filing 509
MEMORANDUM OPINION & ORDER. Before the Court is defendants' July 12, 2013 motion for reconsideration of the Court's June 28 Opinion and Order regarding legal standards applicable to the scope of discovery in these cases. For the following reasons, the motion for reconsideration is denied....(See Memorandum Opinion & Order) (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
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| Filing 508 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9.24.13 re: Pretrial Schedule Adjustments. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1)(Chung, Christine) |
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Filing 507
ORDER...that the defendants may take up to twenty-five "consensus" depositions so long as the total number of deposition days does not exceed 40. IT IS FURTHER ORDERED that the requests of the fraud defendants and First Horizon to take additional deposition is denied with the following exception: First Horizon may identify one additional Freddie Mac trader whom the defendants may depose for one day... (Signed by Judge Denise L. Cote on 9/23/2013) (gr)
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Filing 506
ORDER. In a letter of 9/10/13, the defendants in these actions requested that document discovery be reopened in order to require FHFA to add three document custodians in connection with Fannie Mae's use of an automated valuation model or AVM. For the following reasons, this application is denied (See Order) (Signed by Judge Denise L. Cote on 9/23/2013) (gr)
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Filing 505
ENDORSED LETTER addressed to Judge Denise L. Cote from Attorney for Plaintiff Federal Housing Finance Agency in FHFA v. Merrill Lynch & Co., and Attorney for Plaintiff Federal Housing Agency in FHFA v. Bank of America Corp dated 9/20/2013 re:...FHFA respectfully requests a short extension to continue to meet and confer with Merrill Lynch and Bank of America defendants in hopes of reaching global agreement. The parties intend to submit a joint proposal to the Court, or inform the Court of any disagreement concerning the protocol, on September 24, 2013. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 9/23/2013) (gr)
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| Filing 504 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9.20.13 re: Expert Disclosures. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 503 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.18.2013 re: Parties' Joint Update to the Court regarding Deposition Limits. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan) |
| Filing 502 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.18.2013 re: Parties' Joint Update to the Court regarding Deposition Limits. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan) |
| Filing 501 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 9/17/2013 re: FHFAs Response to Defendants 9/10/2013 Request for Reconsideration of the Decision re: Appraisal Bias Documents. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3, #4 Exhibit 4 - Redacted)(Goldstein, Jordan) |
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Filing 500
ORDER: In two letters of September 9, the defendants make several requests regarding the deposition limit in these actions. First, all defendants request (1) that they be permitted to "use their remaining deposition days" flexibly, deposing individuals for either one day or two days, at the defendants' option, and (2) that they be afforded an additional ten deposition days. Second, the defendants in seven of these cases request the opportunity to take the depositions of ten more witnesses for their cases. The defendants do not indicate whether these two letters represent their final requests for additional depositions of FHFA. It is hereby ORDERED that the parties shall meet and confer to determine whether both FHFA and the defendants agree that all parties may use their remaining deposition days "flexibly," so each day may be used for a single deposition. IT IS FURTHER ORDERED that the defendants shall indicate whether the requests made in the two September 9 letters are their final requests for additional depositions of FHFA. IT IS FURTHER ORDERED that the parties shall provide updates regarding these issues by September 18, 2013. (Signed by Judge Denise L. Cote on 9/13/2013) (lmb)
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| Filing 499 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.12.13 re: DEFENDANTS' REQUESTS FOR ADDITIONAL DEPOSITIONS. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Oblak, Jonathan) |
| Filing 498 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth, Erice Bruce and Kanchana Wangkeo Leung dated 9/9/2013 re: FHFA concurs in Defendants' proposed redactions of the entirety of Exhibit H, as well as footnote 17 on page 15 of their Memorandum of Law. FHFA does not believe any additional redactions are necessary related to Defendants' recent filing. ENDORSEMENT: The redactions are approved. [Counsel to file the approved redations.] (Signed by Judge Denise L. Cote on 9/11/2013) (gr) |
| Filing 497 LETTER addressed to Judge Denise L. Cote from Eric Bruce dated 09/09/2013 re: Defendants' Proposed Redactions for Motion to Compel. Document filed by Federal Housing Finance Agency.(Bruce, Eric) |
| Filing 496 REPLY MEMORANDUM OF LAW in Support re: #484 MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings.. Document filed by George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Zinman, Daniel) |
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Filing 495
STIPULATION AND ORDER REGARDING THE PRETRIAL SCHEDULE: IT IS NOW STIPULATED AND AGREED BY THE PARTIES THAT: 1. The schedule contained on Exhibit 1 of the Stipulation and Order Regarding the Pretrial Schedule shall govern fact discovery, expert reports and expert discovery, and summary judgment in the above-captioned actions. 2. The parties shall prioritize expert discovery of any expert which either party determines is necessary for summary judgment briefing, and agree to work cooperatively to ensure that the parties have sufficient time prior to the submission of summary judgment motions to complete any such expert discovery. The parties agree to meet-and-confer sixty (60) days before the current deadline for the submission of summary judgment motions to determine whether any adjustments to the briefing schedule are needed in light of expert discovery required for summary judgment motions. (Signed by Judge Denise L. Cote on 9/6/2013) (gr)
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| Filing 494 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9/6/2013 re: Pretrial Schedule. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit Stipulation and Proposed Order Regarding Pretrial Schedule)(Chung, Christine) |
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Filing 493
ORDER. On September 3, 2013, the Southern District of New York began allowing attorneys to file letters to the court electronically via ECF. This change is reflected in the current, newly revised version of this Courts individual practices in civil cases. Due to the volume of proposed redactions to letters in the above captioned actions, however, the individual practices are modified as follows. It is hereby ORDERED that the parties in the above-captioned actions shall file letters to the Court via ECF, with the following exception. Should a party wish to redact portions of a letter or file its accompanying exhibits under seal, the party may file the letter and any exhibits for which the party requests sealing in redacted form on ECF and simultaneously provide to Chambers via email an unredacted copy of the letter and all the supporting exhibits. Where the exhibits exceed ten pages, the parties must follow the procedure in the individual practices and submit hard copies to Chambers. Any emailed letter should indicate that a redacted version of the letter has been filed via ECF. (Signed by Judge Denise L. Cote on 9/4/2013) (gr)
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Filing 492
ENDORSED LETTER addressed to Judge Denise L. Cote from Jon Corey and Kanchana Wangkeo Leung dated 9/3/2013 re: We write on behalf of Plaintiff FHFA in response to Defendants' August 23, 2013 letter seeking an order compelling FHFA to produce all of the loan-level data for each of the tens of millions of mortgages that the GSEs reported to HUD between 2005 and 2007. ENDORSEMENT: The August 23 application is denied for the reasons stated in the Sept. 3 letter, including the fact that the defendants have the loan-level information on the loan tapes, and production of that information from the HUD reports would be too burdensome. (Signed by Judge Denise L. Cote on 9/4/2013) (gr)
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| Filing 491 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 9/3/2013 re: FHFA's Response to Defendants' 8/23/13 letter. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan) |
| Filing 490 DECLARATION of JORDAN A. GOLDSTEIN in Opposition re: #484 MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings., #485 Declaration in Support of Motion, #486 Memorandum of Law in Support of Motion,. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Goldstein, Jordan) |
| Filing 489 MEMORANDUM OF LAW in Opposition re: #484 MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings., #485 Declaration in Support of Motion, #486 Memorandum of Law in Support of Motion,. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Goldstein, Jordan) |
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Filing 488
ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Michael A. Hanin dated 8/16/2013 re: On behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), we write to update the Court on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated February 27, 2013 (the "Supplemental ESO"). ENDORSEMENT: So ordered. (Signed by Judge Denise L. Cote on 8/19/2013) (lmb)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 8/14/2013. (Court Reporter Khris Sellin) (gr) |
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Filing 487
ORDER re: (447 in 1:11-cv-06192-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Evelyn Echevarria, Juliana C. Johnson, Douglas K. Johnson, (484 in 1:11-cv-06195-DLC) MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings. filed by Daniel B. Goodwin, Antoine Schetritt, Adam D. Glassner, William L. Maxwell, George E. Ellison, Mark I. Ryan, Juliaana Johnson, Michael J. Kula, Robert Caruso, George C. Carp, (456 in 1:11-cv-06189-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Neal Leonard, Todd White, Gerard Mattia, John Voigtman, (484 in 1:11-cv-06203-DLC) MOTION for Judgment on the Pleadings - Section 11 Individual Defendants' Notice of Motion for Partial Judgment on the Pleadings. filed by Abner Figueroa, Arnaud Denis, Tony Tusi, Orlando Figueroa, (465 in 1:11-cv-06198-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Mark Weiss, Daniel L. Sparks, Kevin Gasvoda, David J. Rosenblum, Jonathan S. Sobel, Michelle Gill, (597 in 1:11-cv-06188-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Donald Wilhelm, Thomas G. Lehmann, Stephen Fortunato, Brian Bernard, Diane Novak, Suzanne Krahling, David H. Zielke, David M. Duzyk, William A. King, Christine E. Cole, David Beck, Louis Schioppo, Jr., Edwin F. McMichael, Katherine Garniewski, Thomas W. Casey, Joseph T. Jurkowski, Jr., Rolland Jurgens, Richard Careaga, Larry Breitbarth, (449 in 1:11-cv-06201-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by John P. Graham, Nathan Gorin, N. Dante Larocca, John McCarthy, David Findlay, (443 in 1:11-cv-06200-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Michael A. Marriott, Joseph M. Donovan, Carlos Onis, Andrew A. Kimura, Evelyn Echevarria, Jeffrey A. Altabef, Thomas Zingalli, Greg Richter, Juliana Johnson, (468 in 1:11-cv-06202-DLC) MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment On The Pleadings. filed by Donald J. Puglisi, Donald C. Han, Brian T. Sullivan, Paul Park, Michael M. McGovern, Matthew Whalen, (437 in 1:11-cv-06190-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Paul Menefee, John Carroll, Michael Wade, (502 in 1:11-cv-06739-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Howard Hubler, David R. Warren, Steven S. Stern, Gail P. McDonnell On August 13, 2013, certain individual defendants in the above captioned cases filed a motion for partial judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ.P. It is hereby ORDERED that any opposition by plaintiff shall be served by August 30, 2013. Any reply shall be served by September 6,2013. (Signed by Judge Denise L. Cote on 8/14/2013) (djc)
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| Filing 486 MEMORANDUM OF LAW in Support re: #484 MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings.. Document filed by George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Attachments: #1 Appendix A)(Zinman, Daniel) |
| Filing 485 DECLARATION of Bradley A. Harsch in Support re: #484 MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings.. Document filed by George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zinman, Daniel) |
| Filing 484 MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings. Document filed by George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt.(Zinman, Daniel) |
| Filing 483 MOTION for Jonathan M. Landy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8779884. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Landy, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #483 MOTION for Jonathan M. Landy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8779884 Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
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Filing 482
ENDORSED LETTER addressed to Judge Cote from Andrew T. Frankel dated 8/2/2013 re: We write on behalf of Defendants in the above Actions to seek an order compelling FHFA to produce the documents withheld or redacted on the basis of a "bank examination" or "deliberative process" privilege.. ENDORSEMENT: If the dispute is about specific documents, the parties must meet and confer. If the defendants wish to litigate the application of the asserted privileges generally, they may bring a motion and should discuss a schedule for that motion with FHFA. (Signed by Judge Denise L. Cote on 8/12/2013) (gr)
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| Filing 481 ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 8/9/2013 re: On behalf of Plaintiff FHFA, we write to respond to Defendants' August 5, 2013 letter accusing FHFA of "fail[ing] to produce certain documents regarding appraisal bias" and requesting that FHFA collect and search the files of five additional Fannie Mae custodians. 8/5/13 Ltr. from P. Shane at 1-2. Defendants seek reconsideration of the Court's rulings regarding the scope of production of Fannie Mae appraisal bias documents and make an untimely request for additional document custodians. FHFA respectfully requests that the Court deny the application. ENDORSEMENT: The August 5 request for document production from five custodians based on an 10/20/07 article, which has been available to the Defendants since at least 2008, is untimely. Pursuant to rulings in December 2012, defendants have been given access to appraisal bias documents where appropriate. The defendants have not shown that document production should be reopened for this purpose. (Signed by Judge Denise L. Cote on 8/12/2013) (gr) |
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Filing 480
ORDER: In a letter of August 9, FHFA requested that portions of exhibit S to defendants' opening memorandum and exhibit E to defendants' reply memorandum be filed under seal. It is hereby ORDERED that the request to file portions of these exhibits under seal is granted. The parties shall file the briefing on defendant's motion for reconsideration with these two exhibits redacted by August 16, 2013. (Signed by Judge Denise L. Cote on 8/12/2013) (ama)
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Filing 479
ORDER. In an Order of July 2, 2013, the Court directed Williams & Connolly to take various steps in connection with its asserted improper contact with represented witnesses, including providing to the Court on an ex parte basis a list of all witnesses represented by counsel for FHFA with whom Williams & Connolly has had ex parte contact. This information was provided in an exhibit accompanying a letter of July 8. In a letter of July 2, FHFA requested access to four categories of information in connection with this issue. It is hereby ORDERED that Williams & COnnolly shall by August 13, 2013 disclose to FHFA exhibit A to its letter of July 8, which was previously provided to the Court ex parte. (Signed by Judge Denise L. Cote on 8/9/2013) (gr)
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Filing 478
ORDER: that a conference will be held on August 14, 2013 at 2:30 p.m. in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/6/2013) (tn)
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| Filing 477 NOTICE OF APPEARANCE by Andrew Riggs Dunlap on behalf of Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Dunlap, Andrew) |
| Filing 476 NOTICE OF APPEARANCE by Lauren Ashley Weeman on behalf of Federal Housing Finance Agency. (Weeman, Lauren) |
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Filing 474
ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard Schirtzer, Christine Chung, Manisha Sheth and Michael Hanin dated 8/2/2013 re: On behalf of Plaintiff FHFA, we write to update the Court on the status of the production and indentification of loan files in the Tranche 3 and 4 Actions. We further write to provide the Court with an update on the status of the stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated 2/27/2013 (the "Supplemental ESO"). ENDORSEMENT: The agreements among the parties for extensions are approved. A status report regarding Homeward, Prospect and Nationstar shall be submitted on 8/9/2013. (Signed by Judge Denise L. Cote on 8/5/2013) (gr)
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Filing 473
ORDER granting #468 Motion for Lisa M. Duggan to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 472
ORDER: Pursuant to a stipulation of April 3, 2013, the FHFA's re-underwriting expert report for the JPMorgan action, No. 11 Civ. 6188 (DLC), is due August 23, 2013. In letters of July 29 and August 1, the FHFA and JPMorgan, respectively, address the schedule for that report, any rebuttal report, and for summary judgment practice. It is hereby ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for the JPMorgan action (1) the number of securitizations associated with Bear Stearns, WaMu, and the remainder of the JPMorgan action; (2) the number of such securitizations for which a re-underwriting expert report can be produced by August 23, 2013; and (3) the date(s) by which any supplemental re-underwriting expert report may be produced for the remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh)
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Filing 471
ORDER: Pursuant to an Order of February 27, 2013 1 the FHFA's re-underwriting expert report for Tranche 3 and 4 cases is due October 11, 2013. In letters of July 29 and July 31, the FHFA and defendants in the Tranche 3 and 4 cases, respectively, address the schedule for that report, any rebuttal report, and for summary judgment practice. It is hereby ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for each Tranche 3 and 4 case (1) the number of securitizations, (2) the number of securitizations for which a re-underwriting expert report can be produced by October 11, 2013, and (3) the date(s) by which any supplemental re-underwriting expert report may be produced for the remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh)
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Filing 475
ORDER: On July 12, 2013, the Court received from defendant First Horizon a request to take two depositions of GSE witnesses beyond the twenty depositions allotted to defendants and to add an additional document custodian. FHFA opposed this request in a letter of July 18. It is hereby ORDERED that the requests in First Horizon's July 12 letter are denied without prejudice to renewal. IT IS FURTHER ORDERED that defendants may jointly present any renewed request for additional depositions at such time as they are able to determine the total number of additional depositions that will be requested, rather than presenting such requests ad seriatim. (Signed by Judge Denise L. Cote on 7/31/2013) (mro)
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Filing 470
ORDER: It is hereby ORDERED that the requests to file these exhibits under seal are granted. The parties shall file the exhibits to their knowledge briefing with these three exhibits redacted by 8/5/2013. (Signed by Judge Denise L. Cote on 7/31/2013) (tro)
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| Transmission to Sealed Records Clerk. Transmitted re: #470 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tro) |
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Filing 469
SUPPLEMENTAL PROTECTIVE ORDER GOVERNING POTENTIALLY PRIVILEGED INFORMATION PRODUCED BY NON-PARTIES FDIC-RECEIVER AND ONEWEST BANK...regarding procedures to be followed that shall govern the handling of confidential material...So ordered. (Signed by Judge Denise L. Cote on 7/30/2013) (tro)
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| Filing 468 MOTION for Lisa M. Duggan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-8736694. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Duggan, Lisa) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #468 MOTION for Lisa M. Duggan to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8736694. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 467 LETTER addressed to Judge Cote from FHFA dated 6/14/13 re: Tranche 3 and 4 Status Report. (abl) |
| Filing 466 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 6/13/13 re: FHFA's 6/11 letter re GSE impairment/valuation calculations. (abl) |
| Filing 465 LETTER addressed to Judge Cote from FHFA dated 6/11/13 re: UBS's 6/7 request for current GSE valuations of the certificates. (Attachments: #1 Exhibit)(abl) |
| Filing 464 LETTER addressed to Judge Cote from UBS Defendants (Joseph N. Sacca) dated 6/7/13 re: Current GSE valuations of the at-issue certificates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(abl) |
| Filing 463 LETTER addressed to Judge Cote from FHFA dated 6/5/13 re: Defendants' 5/30 request for GSE valuation models. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(abl) |
| Filing 462 LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 6/3/13 re: FHFA's sur-reply regarding knowledge and other legal standards applicable to discovery. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(abl) |
| Filing 461 LETTER addressed to Judge Cote from FHFA dated 5/31/13 re: Status of production of loan files and guidelines. (abl) |
| Filing 460 LETTER addressed to Judge Cote from Deutsche Bank dated 5/31/13 re: Status of production of loan files and guidelines. (abl) |
| Filing 459 LETTER addressed to Judge Cote from Credit Suisse dated 5/31/13 re: Status of production of loan files and guidelines. (abl) |
| Filing 458 LETTER addressed to Judge Cote from Bank of America dated 5/31/13 re: Status of production of loan files and guidelines. (abl) |
| Filing 457 LETTER addressed to Judge Cote from HSBC dated 5/31/13 re: Status of production of loan files and guidelines. (abl) |
| Filing 456 LETTER addressed to Judge Cote from Morgan Stanley dated 5/31/13 re: Status report on loan files and guidelines. (abl) |
| Filing 455 LETTER addressed to Judge Cote from FHFA dated 5/31/13 re: Defendants' 5/24 request to add Cindy Workman as a custodian. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (abl) |
| Filing 454 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re: Second update on status of Ocwen loan file production. (abl) |
| Filing 453 LETTER addressed to Judge Cote from FHFA dated 5/30/13 re: Supplementation of FHFA's samples in the Tranche 3 and 4 actions. (abl) |
| Filing 452 LETTER addressed to Judge Cote from FHFA (Jonathan B. Oblak) dated 5/30/13 re: Defendants' requests in letters of 5/30. (abl) |
| Filing 451 LETTER addressed to Judge Cote from Defendants Bank of America and Merrill Lynch (Edward J. Bennett) dated 5/30/13 re: Recent GSE impairment/valuation calculations. (abl) |
| Filing 450 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re: Status of Ocwen loan file production. (abl) |
| Filing 449 LETTER addressed to Judge Cote from Defendants (Joseph N. Sacca) dated 5/30/13 re: GSE valuation models. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (abl) |
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Filing 448
ORDER: On July 12, 2013, defendants filed a motion for reconsideration of the Court's June 28 Opinion and Order regarding knowledge and other legal standards as they apply to discovery in these cases. It is hereby ORDERED that plaintiff shall file its opposition by July 26, 2013. IT IS FURTHER ORDERED that any reply by defendants shall be filed by August 2, 2013. (Responses due by 7/26/2013, Replies due by 8/2/2013.) (Signed by Judge Judge Paul A. Crotty, Part I. for Denise Cote on 7/17/2013) (rsh).
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| Filing 447 LETTER addressed to Judge Cote from FHFA dated 5/29/13 re: Defendants' 5/24 request for additional deposition time. (abl) |
| Filing 446 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re: Request to submit an ex parte application for additional depositions. (abl) |
| Filing 445 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re: Procedure fo extending two-day deposition limit. (abl) |
| Filing 444 LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 5/24/13 re: Adding Cindy Workman as a document custodian. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (abl) |
| Filing 443 LETTER addressed to Judge Cote from JPMorgan Chase Defendants (Penny Shane) dated 5/23/13 re: Expert Scheduling Order disclosures. (abl) |
| Filing 442 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/23/13 re: Status of Ocwen loan file production. (abl) |
| Filing 441 LETTER addressed to Judge Cote from UBS defendants dated 5/22/13 re: request to adjust certain deadlines. (Attachments: #1 Text of Proposed Order) (abl) |
| Filing 440 SUPPLEMENTAL MEMORANDUM OF LAW re: #438 Memorandum of Law, Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Blankenstein, Eric) |
| Filing 439 REPLY MEMORANDUM OF LAW re: #438 Memorandum of Law, Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Blankenstein, Eric) |
| Filing 438 MEMORANDUM OF LAW Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Blankenstein, Eric) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Eric G. Blankenstein to RE-FILE Document #436 Reply. Use the event type Reply Memorandum of Law(non-motion) found under the event list Other Answers. (ka) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Eric G. Blankenstein to RE-FILE Document #437 Response. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (ka) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Eric G. Blankenstein to RE-FILE Document #435 Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (ka) |
| Filing 437 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL RESPONSE re: #435 Brief, Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Blankenstein, Eric) Modified on 7/16/2013 (ka). |
| Filing 436 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY re: #435 Brief, Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Blankenstein, Eric) Modified on 7/16/2013 (ka). |
| Filing 435 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Memorandum of Law Regarding Applicable Legal Standards And The Appropriate Standards For Discovery In Light Of The Applicable Legal Standards. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Blankenstein, Eric) Modified on 7/16/2013 (ka). |
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Filing 434
ORDER: In Orders of July 2 and 10, 2013, the Court directed the parties to indicate by 10:00 a.m. on July 12 whether any of the material in their briefing on knowledge and other legal standards required redaction from the public record despite the presumption of access that attaches to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). On July 12, the parties indicated in separate letters that they did not view any of the material in the briefs as requiring redaction. It is hereby ORDERED that the parties shall file their briefing in unredacted form by July 15, 2013. IT IS FURTHER ORDERED that the parties shall advise the Court by July 26, 2013, whether in their view any material in the exhibits accompanying the briefs meets the standard described in the Court's Order of July 2 and therefore requires redaction. (Brief due by 7/15/2013.) (Signed by Judge Denise L. Cote on 7/12/2013) (rsh) Modified on 7/16/2013 (rsh).
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Filing 433
SCHEDULING ORDER: Trials in FHFA v. Credit Suisse Holdings (USA), Inc., et al., 11 Civ. 6200 (DLC); FHFA v. Deutsche Bank AG, et al., 11 Civ. 6192 (DLC); and FHFA v. Goldman, Sachs & Co., et al., 11 Civ. 6198 (DLC) (the "Tranche 3" cases) are scheduled to begin on September 29, 2014. It is hereby ORDERED that if any of these trials do not occur because of settlement, or are conducted earlier due to a settlement in another one of these actions, one of these three Tranche 4 cases will be tried in its place: FHFA v. Morgan Stanley, et al., 11 Civ. 6739 (DLC); FHFA v. HSBC North America Holdings, Inc., et al., 11 Civ. 6189 (DLC); or FHFA v. Ally Financial Inc., et al., 11 Civ. 7010 (DLC). Ready for Trial by 9/29/2014. (Signed by Judge Denise L. Cote on 7/12/2013) (rsh)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/11/2013. (Court Reporter Even Giniger) (gr) |
| Filing 432 LETTER addressed to Judge Cote from FHFA dated 5/22/13 re: UBS disclosures and schedule adjustments. (Attachments: #1 Exhibit) (abl) |
| Filing 431 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/22/13 re: Defendants' Contention Interrogatory. (Attachments: #1 Exhibit) (abl) |
| Filing 430 LETTER addressed to Judge Cote from UBS Defendants dated 5/22/13 re: Expert Scheduling Order disclosures. (abl) |
| Filing 429 LETTER addressed to Judge Cote from FHFA dated 5/21/13 re: Defendants' Contention Interrogatory. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (abl) |
| Filing 428 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett re: I write in response to FHFA's letter to the Court of July 5, 2013 (the "FHFA Letter"), and in furtherance of Defendants' request for a pre-motion conference concerning FHFA's refusal to produce documents directly relevant to the Mortgage Loans that served as collateral for the Securities at issue in these matters (the "Mortgage Loans"). ENDORSEMENT: This application is denied. The defendants may renew a request if their review of the sample loan files provides a basis for a renewal request. (Signed by Judge Denise L. Cote on 7/10/2013) (lmb) |
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Filing 427
ORDER. On July 12, 2013, the Court issued an Order directing the parties to submit renewed, targeted requests for redactions to their briefing regarding knowledge and other legal standards by July 8. In a memo endorsement of July 8, the Court granted the parties' extension of this deadline to July 12. It is hereby ORDERED that the parties shall provide the submissions required by the July 2 Order by 10:00 AM on July 12, 2013. (Signed by Judge Denise L. Cote on 7/10/2013) (gr)
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Filing 426
ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 7/8/2013 re: FHFA respectfully requests a short extension of time to respond to the Court's July 2, 2013 Order, such that the parties' responses would be due on Friday, July 12, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/8/2013) (gr)
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Filing 425
ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Michael A. Hanin dated 6/28/2013 re: On behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), we write to update the Court on the status of the production, identification, and stipulation of loan files in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order of February 27, 2013 (the "Supplemental ESO"), and in furtherance of FHFA's June 14, 2013 status report. ENDORSEMENT: The requests are granted. (Signed by Judge Denise L. Cote on 7/2/2013) (lmb)
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| Filing 424 LETTER addressed to Judge Cote from FHFA dated 7/2/13 re: Williams & Connolly's contact with Robert Cope. (abl) |
| Filing 423 LETTER addressed to Judge Cote from Richard H. Klapper dated 6/28/13 re: Williams & Connolly's contact with Robert Cope. (abl) |
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Filing 422
ORDER: ORDERED that the 98 current and former employees need not respond to the subpoenas until the Court issues a ruling on this dispute. IT IS FURTHER ORDERED that the parties shall meet and confer and, if the dispute remains live, shall appear for a telephone conference on Thursday, July 11, 2013, at 10:00 a.m. ( Telephone Conference set for 7/11/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/2/2013) (mt)
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| Filing 421 LETTER addressed to Judge Cote from Edward J. Bennett dated 7/1/13 re: Williams & Connolly's contact with Robert Cope. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (abl) |
| Filing 420 LETTER addressed to Judge Cote from FHFA dated 6/26/13 re: Williams & Connolly's contact with Robert Cope. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (abl) |
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Filing 419
ORDER...That the parties shall advise the Court by Monday, July 8, 2013, whether in their view any material in the briefs meets this standard and requires redaction. The Court will address this issue as it applies to the exhibits after the briefs are publicly filed. (Signed by Judge Denise L. Cote on 7/2/2013) (gr)
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Filing 418
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 6/25/2013 re: On behalf of all Defendants in these matters, we write to request a pre-motion conference, or in the alternative, an order compelling FHFA to produce certain documents referenced in the January 2006 Audit Report of Freddie Mac's Counterparty Credit Risk Management ("CCRM") group (the "CCRM Documents"). ENDORSEMENT: Denied, for the reasons stated in the FHFA's letter of June 27. (Signed by Judge Denise L. Cote on 7/2/2013) (lmb)
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Filing 417
ORDER: Accordingly, it is hereby ORDERED that, pending an opportunity for counsel to be heard further, Williams & Connolly and any co-counsel for defendants represented by Williams & Connolly shall 1) Cease interviewing any current or former GSE employee identified in FHFA's initial disclosures. 2) Provide an ex parte list to this Court by Monday, 7/7/2013 of all such individuals it has already interviewed. 3) Secure all notes of the interviews of such individuals, including those from the interview of Mr. Cope, and seal them. 4) Not share with counsel for other defendants information learned from the interviews of such individuals until these issues are resolved. (Signed by Judge Denise L. Cote on 7/2/2013) (tro)
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Filing 416
ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 6/28/2013 re: FHFA's request for permission to move for a protective order re Defendants' non-party subpoenas. ENDORSEMENT: BoA shall respond by July 1, 2013. (Signed by Judge Denise L. Cote on 6/28/2013) (gr)
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Filing 415
OPINION & ORDER. Before the Court are defendants' memoranda of law regarding applicable legal standards and the appropriate standards for discovery in light of the applicable legal standards. The defendants have suggested over the course of this litigation that the Court's discovery rulings have been premised on a faulty definition of the "knowledge" defense that is available to them under Section 11 of the Securities Act of 1933 ("Securities Act"). In this briefing they address the legal standard for their affirmative defense that the plaintiff actually knew of the alleged misrepresentations in the Prospectus Supplements that governed its securities purchases. The defendants have taken this opportunity to address as well the legal standards for several of the elements and other defenses of the Securities Act claims in this litigation and to argue that the application of incorrect legal standards has deprived them of certain discovery from a portion of the plaintiff's business described below: the Single Family business. For the reasons stated below, the Court concludes that its previous discovery rulings have been made under the correct legal standards and need not be revisited. (Signed by Judge Denise L. Cote on 6/28/2013) (gr)
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Filing 414
ORDER granting #413 Motion for Jennifer L. Gibbons to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 413 MOTION for Jennifer L. Gibbons to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8632487. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Text of Proposed Order)(Gibbons, Jennifer) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #413 MOTION for Jennifer L. Gibbons to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8632487. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 412
ORDER granting #405 Motion for Gabriel A. Cohen to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 411
ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth Michael A. Hanin dated 6/17/2013 re: On behalf of Plaintiff FHFA, we write regarding the Non-SLG Diligence Sets disclosed by the Tranche 3 and 4 Defendants, and FHFA's analysis of loans within such Sets, pursuant to the Supplemental Expert Scheduling Order dated 2/27/2013. FHFA respectfully requests that the schedule be adjusted to allow it time to respond to Deutsche Bank's and RBS's late disclosures be extended until 8/26/2013. Defendants Deutsche Bank and RBS have agreed to this extension. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 6/18/2013) (gr)
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Filing 410
ORDER granting #399 Motion for Noorudin M. Ahmad to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 409
ORDER granting #401 Motion for Tyler Whitmer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 408
ORDER granting #404 Motion for Benjamin E. Vaughn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 407
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/17/2013 re: I write on behalf of Defendants in the above referenced actions to request an extension of time to file a response to FHFA's June 10, 2013 Sur-Reply In Opposition to Defendants' Memorandum of Law Regarding Applicable Legal Standards ("Sur-Reply"). The Court's current deadline to submit a response is June 18, 2013. Defendants respectfully request an extension to Thursday, June 20, 2013 in order to coordinate among Defendants. ENDORSEMENT: Granted., ( Responses due by 6/20/2013.) (Signed by Judge Denise L. Cote on 6/18/2013) (lmb)
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| Filing 406 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/17/2013 re: On behalf of Defendants in the above-referenced actions, we write to address FHFA's letter of June 13 concerning Defendants' request to extend the deposition of Michael Aneiro. ENDORSEMENT: The request for additional deposition time is denied. The Court has read the entire deposition and considered the defendants' arguments for additional time. The reason for this ruling will be placed on the record at a future conference. (Signed by Judge Denise L. Cote on 6/18/2013) (lmb) |
| Filing 405 MOTION for Gabriel Aaron Cohen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8614004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificates of Good Standing)(Cohen, Gabriel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #405 MOTION for Gabriel Aaron Cohen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8614004. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 404 MOTION for Benjamin E. Vaughn to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8612480. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Vaughn, Benjamin) |
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Filing 403
ENDORSED LETTER addressed to Judge Denise L. Cote from Joseph N. Sacca dated 5/30/2013 re: On behalf of defendants in the above-referenced action ("Defendants"), we write to request that the Court order FHFA to produce functional copies of or access to all versions of the models, tools, and other systems (the "Models") Fannie Mae and Freddie Mac (the "GSEs") used in connection with their purchases of PLS during the period 2005 through 2007 in a form sufficient to reveal the inputs and assumptions incorporated into the Models. ENDORSEMENT: Denied. As explained in the June 5 letter from FHFA, this information is not currently accessible. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb)
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Filing 402
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 6/13/2013 re: Defendants respectfully request that the Court order FHFA to produce the GSE's impairment/valuation calculations for the at-issue Certificates after the third quarter of 2011. ENDORSEMENT: 1) The FHFA need only disclose the sale of Certificates at issue in this litigation; they shall have no duty to disclose information about the potential sales or analyses of potential sales. 2) The FHFA shall disclose its impairment calculation spreadsheets for each quarter through March 31, 2013. There shall be no obligation to disclose spreadsheets created after that date. There is no duty to disclose all documents supporting impairment analyses. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb)
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| Filing 401 MOTION for TYLER GRANT WHITMER to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 ORDER FOR ADMISSION PRO HAC VICE, #2 CERTIFICATE OF GOOD STANDING)(Whitmer, Tyler) |
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Filing 400
ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 6/14/2013 re: On behalf of FHFA, we write to update the Court on the status of the prodcution, identification, and stipulatio of loan files in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order of 2/27/13 and in furtherance of FHFA's 5/31/213 status report. ENDORSEMENT: The requests are granted. (Signed by Judge Denise L. Cote on 6/17/2013) (gr)
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| Filing 399 MOTION for NOORUDIN MAHMOOD AHMAD to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8609626. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Ahmad, Noorudin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #399 MOTION for NOORUDIN MAHMOOD AHMAD to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8609626. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #404 MOTION for Benjamin E. Vaughn to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8612480. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #401 MOTION for TYLER GRANT WHITMER to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 398
ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 6/12/2013 re: We write on behalf of FHFA, in connection with this Court's Order of June 11, 2013 regarding the supplementation of certain of FHFA's samples in the Tranche 3 and 4 Actions. FHFA respectfully requests that it have until June 17, 2013 to disclose its supplement for AHMA 2005-1; Credit Suisse has consent to this request. FHFA further respectfully requests that it have until June 21, 2013 to disclose its supplement for ACE 2006-HE1; Deutsche Bank has consented to this request. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/13/2013) (gr)
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| Filing 397 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for TYLER GRANT WHITMER to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8602598. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Order Granting Admission Pro Hac Vice, #2 Certificate of Good Standing)(Whitmer, Tyler) Modified on 6/13/2013 (bwa). |
| Filing 396 ENDORSED LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 6/3/13 re: FHFA's sur-reply in response to defendants' May 30 submission. ENDORSEMENT: The defendants may respond to any new material or arguments contained in the sur-reply by June 18, 2013. (Signed by Judge Denise L. Cote on 6/13/13) (abl) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #397 MOTION for TYLER GRANT WHITMER to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8602598. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificates of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) |
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Filing 395
ORDER granting #394 Motion for Matthew H. Blumenstein to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 394 MOTION for Matthew Hardwick Blumenstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8598145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Text of Proposed Order)(Blumenstein, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #394 MOTION for Matthew Hardwick Blumenstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8598145. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 393
ORDER AMENDING THE SUPPLEMENTAL EXPERT SCHEDULING ORDER FOR TRANCHES 3 AND 4. (Signed by Judge Denise L. Cote on 6/11/2013) (gr)
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| Filing 392 Letter addressed to Judge Denise L. Cote from Jon Oblak and Kanchana Wangkeo Leung dated 6/4/2013 re: We write on behalf of FHFA in response to Defendants' letter dated June 3, 2013, which requests that the Court provide Defendants with five consecutive days to depose Michael Aneiro. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) |
| Filing 391 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/3/2013 re: For the reasons described in Defendants' May 24, 2013 letter and at the May 31 conference, Defendants request that the Court find "good cause" to extend the presumptive two-day limit to five days for Mr. Aneiro. ENDORSEMENT: The defendants have not shown good cause for an exception to the presumptive 2-day limit on the Aneiro deposition. Should there be any post-deposition application for additional time, the request should include the transcript of the deposition. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb) |
| Filing 390 ENDORSED LETTER addressed to Judge Denise L. Cote from Steven M. Cady dated 6/3/2013 re: Defendants request a telephonic conference to discuss the status of FHFA's subpoena to Ocwen. ENDORSEMENT: The request for a conference is denied. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb) |
| Filing 389 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Manisha M. Sheth, Christine H. Chung, Richard A. Schirtzer and Kanchana Wangkeo Leung dated 6/4/2013 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA") in response to Defendants' June 3, 2103 status update regarding Ocwen. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) |
| Filing 388 NOTICE OF APPEARANCE by H. Rowan Gaither, IV on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt (Gaither, H.) |
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Filing 387
ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 5/31/2013 re: On behalf of Plaintiff Federal Housing Finance Agency and pursuant to the Supplemental Expert Scheduling Order of February 27, 2013. we write to provide a status report concerning the production, identification, and stipulation of loan files in the Tranche 3 and 4 Actions. The parties respectfully seek a brief extension, until June 14, 2013, to finish meeting and conferring concerning these Sample Loan Files and to agree on the language of the stipulation they expect to reach. Most of the Tranche 3 and 4 Defendants have joined in this request and none have opposed it. The lone exception is Tranche 4 Defendant Morgan Stanley, who has requested an extension to June 17, 2013, two which FHFA also agrees. FHFA has also agreed that the cost-shifting deadline referred to in Paragraph 4 of the Supplemental ESO be extended until June 14 for each of these same Securitizations. FHFA has, accordingly, asked Defendants to meet and confer early next week about a schedule for these processes, with the goal of submitting a joint proposal to the Court by June 7, 2013. ENDORSEMENT: The requests are approved. (Signed by Judge Denise L. Cote on 6/4/2013) (rsh)
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Filing 386
ORDER granting #383 Motion for Eric G. Blankenstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 5/31/2013. (Court Reporter Bridgett Lombardosa) (gr) |
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Filing 384
ORDER GRANTING MOTION OF PHILIP A. SECHLER TO WITHDRAW AS COUNSEL OF RECORD FOR THE BANK OF AMERICA DEFENDANTS: granting #377 Motion to Withdraw as Attorney. Attorney Philip A. Sechler terminated. (Signed by Judge Denise L. Cote on 5/30/2013) (lmb)
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| Filing 383 MOTION for Eric Gabriel Blankenstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8557418. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Blankenstein, Eric) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #383 MOTION for Eric Gabriel Blankenstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8557418. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 385
MEMO ENDORSEMENT on re: #310 Notice of Withdrawal of Neil S. Binder filed by Daniel B. Goodwin, Antoine Schetritt, Adam D. Glassner, William L. Maxwell, George E. Ellison, Mark I. Ryan, Juliaana Johnson, Michael J. Kula, Robert Caruso, George C. Carp. ENDORSEMENT: So ordered. (Signed by Judge Denise L. Cote on 5/29/2013) (lmb)
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| ***DELETED DOCUMENT. Deleted document number 382 Notice of Withdrawal of Neil S. Binder. The document was incorrectly filed in this case. (lmb) |
| Filing 381 AFFIDAVIT of Philip A. Sechler in Support re: #377 MOTION for Philip A. Sechler to Withdraw as Attorney.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Sechler, Philip) |
| Filing 380 Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 5/24/2013 re: Defendants respectfully request that the Court enter an order permitting them to make the partially ex parte submission described above. (lmb) |
| Filing 379 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, and Michael A. Hanin dated 5/28/2013 re: On behalf of Plaintiff the Federal Housing Finance Authority ("FHFA"), we write in response to Defendants' May 24, 2013 letter requesting leave to submit ex parte an application to increase the 20-deposition limit previously ordered by the Court. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) |
| Filing 378 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Philip A. Sechler to Withdraw as Attorney -- Affidavit of Philip A. Sechler in Support of his Motion To Withdraw as Counsel of Record. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Sechler, Philip) Modified on 5/29/2013 (db). |
| Filing 377 MOTION for Philip A. Sechler to Withdraw as Attorney. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Sechler, Philip) |
| Filing 376 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Philip A. Sechler to Withdraw as Attorney. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Sechler, Philip) Modified on 5/29/2013 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Philip A. Sechler to RE-FILE Document #376 MOTION for Philip A. Sechler to Withdraw as Attorney. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Philip A. Sechler to RE-FILE Document #378 MOTION for Philip A. Sechler to Withdraw as Attorney -- Affidavit of Philip A. Sechler in Support of his Motion To Withdraw as Counsel of Record. Use the event type Affidavit in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #377 Motion. (db) |
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Filing 375
ORDER: There are several outstanding discovery disputes in these cases, including issues surrounding defendants' production of information pursuant to the Expert Scheduling Orders, requests regarding the number of and time limits applicable to depositions, and proposals for the adjustment of certain deadlines. It is hereby ORDERED that a conference will be held to discuss these issues on Friday, May 31, 2013, at 10:00 a.m., ( Status Conference set for 5/31/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/24/2013) (lmb)
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| Filing 374 ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 5/24/2013 re: We write to request an enlargement of time and pages for Defendant's Reply Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. ENDORSEMENT: Granted. The reply is due May 30, 2013. (Signed by Judge Denise L. Cote on 5/26/2013) (gr) |
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Filing 373
ORDER. In a conference held on May 24, 2013, counsel for third-party Ocwen Loan Servicing, LLC ("Ocwen") indicated that Ocwen would complete production of the Loan Files in its possession by May 29. It is therefore necessary to adjust the deadlines in the Court's Order of May 21. In the event Ocwen does not complete its production by 5/29, the defendant shall move no later than June 3 to compel Ocwen to comply with their subpoenas and take all other steps necessary to ensure immediate production. IT IS FURTHER ORDERED that the 5/31 deadline for identification of Loan Files applicable to the Sample Loans set in the Court's 2/27 Supplemental Expert Scheduling Order for Tranches 3 and 4 is hereby extended to June 7 as to those Loan Files produced by Ocwen after 5/22. (Signed by Judge Denise L. Cote on 5/24/2013) (gr)
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Filing 372
STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE PROTOCOL: IT IS HEREBY AGREED, by and among the parties to the above-captioned FHFA-related litigations presently pending before the Hon. Denise L. Cote, U.S.D.J., and the Hon. Alvin W. Thompson, U.S.D.J. in the United States District Courts for the Southern District of New York and Connecticut (the "FHFA Proceedings"), through their counsel, that the following provisions of this Order shall govern expert reports, disclosures and discovery with respect to testifying experts (each an "Expert") in the FHFA Proceedings: Notwithstanding Rule 26(a)(2)(B) and 26(b)(4) (or any other potentially applicable law, statute, regulation or rule), the parties shall not be required to disclose or produce in discovery or at any trial in the FHFA Proceedings any of the following documents or information (the "Excluded Information"): (a) drafts of any report, affidavit, declaration, written testimony, exhibit or disclosure prepared by or at the direction of the Expert, counsel or other agent of the party proffering the Expert, or others working under the supervision of or on behalf of the Expert in connection with the FHFA Proceedings or any other matter, regardless of the form in which such draft is recorded as further set forth in this order. (Signed by Judge Denise L. Cote on 5/23/2013) (lmb)
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| Filing 371 ENDORSED LETTER addressed to Judge Cote from Steven M. Cady dated 5/23/13 re: Ocwen loan file production. ENDORSEMENT: A conference shall be held on Friday, May 24 at 10:30 a.m. (Signed by Judge Denise L. Cote on 5/23/13) (abl) |
| Filing 370 ENDORSED LETTER addressed to Judge Cote from Jon Corey dated 5/21/2013 re: We write on behalf of FHFA to seek a continuance of the response date for Defendants' Fifth Set of Interrogatories, which are premature contention interrogatories served in violation of Local Rule 33.3(c). FHFA asks the Court to continue the date for FHFA's response to the close of fact discovery in each Action. ENDORSEMENT: The May 24 deadline is adjourned sine die pending a conference on this dispute. The defendants have advised that their written response will be submitted on May 23. (Signed by Judge Denise L. Cote on 5/22/2013) (gr) |
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Filing 369
ORDER: In letters of May 20 and 21, 2013, the parties in these actions provided updates on the status of the production of loan files by third-party Ocwen Loan Servicing, LLC ("Ocwen"). In their letter, defendants indicated that Ocwen anticipates completing its production on May 22. It is hereby ORDERED that, in the event Ocwen does not complete its production by May 22, defendants shall move no later than May 27 to compel Ocwen to comply with their subpoenas and take all other steps necessary to ensure immediate production., ( Motions due by 5/27/2013.) (Signed by Judge Denise L. Cote on 5/21/2013) (lmb)
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| Filing 368 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Kanchana Wangkeo Leung dated 5/21/2013. We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) in response to Defendants May 20, 2103 status update regarding Ocwens production. Defendants reference two hard drives of loan files recently produced by Ocwen. Neither hard drive, however, alleviates the ongoing delays referenced in FHFAs May 10, 2013 letter. Indeed, the parties had been scheduled to receive one hard drive the day FHFA filed its May 10 letter, and the other hard drive was a replacement for a corrupt drive Ocwen produced in April. With respect to the 2,657 outstanding Sample Loan Files that actually are the subject of FHFAs May 10 letter, none has been produced. Although Ocwen anticipates making a production on May 22, over the last eight months, Ocwen has repeatedly failed to meet anticipated production dates. Further, waiting for another status update as Defendants propose jeopardizes the May 31, 2013 matching deadline in the Tranche 3 and 4 actions. As of today, the parties will have less than seven business days to determine how to address anyproduction issues, process and distribute the 2,657 Sample Loan Files, and meet and confer to reach agreement on matching the Sample Loan Files. (gr) |
| Filing 367 Letter addressed to Judge Cote from Steven M. Cady dated 5/20/2013 re: I write on behalf of relevant Defendants in response to the Court's May 13, 2013 order requiring Defendants to submit a status update on Ocwen's production by May 20, 2013. (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/20/2013. (Court Reporter Jerry Harrison) (gr) |
| Filing 366 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 5/16/2013. Reply in Further Support of Status Report re: Tranche 3 and 4 Non-SLG Sets. (Attachments: #1 Exhibit)(gr) |
| Filing 365 Letter addressed to Judge Cote from Roberta A. Kaplan dated 5/13/2013. We represent Fitch, Inc. ("Fitch") in connection with the subpoena dated July 5,2012, which the Federal Housing Finance Authority ("FHFA") served on Fitch in the abovecaptioned actions (the "Fitch Subpoena"). We submit this letter pursuant to the Court's Order of May 7, 2013, in response to FHFA's letter of May 6, 2013 regarding the issue of reimbursement for costs relating to compliance with the Fitch Subpoena (the "May 6 letter").(gr) |
| Filing 364 Letter addressed to Judge Cote from Steven M. Cady dated 5/13/2013. I write on behalf of relevant defendants in response to Plaintiffs' May 10, 2013 letter regarding collection of loan files from non-party Ocwen Loan Services, LLC. (gr) |
| Filing 363 Letter addressed to Judge Cote dated 5/7/2013 from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin. On behalf of Plaintiff Federal Housing Finance Agency (FHFA), and in response to the Courts directive at the April 26, 2013 conference, we write to provide a status report concerning the adequacy of the disclosure of Non-SLG sets by the Tranche 3 and 4 Defendants (the Defendants) pursuant to the Supplemental Expert Scheduling Order for Tranches 3 and 4 dated February 27, 2013 (the Order). Since the conference on April 26, 2013, FHFA has met andconferred with each Tranche 3 and 4 Defendant bilaterally. Those discussions have made it possible to isolate the following specific areas of disagreement, and the particular Defendants with whom FHFA has the disagreement.(gr) |
| Filing 362 Letter addressed to Judge Cote from Edward J. Bennett dated 5/7/2013. We write in response to FHFAs May 3, 2013 letter to the Court regarding its documentproduction. FHFA states that its post-January 2013 production has been larger than FHFA anticipated due to a number of factors including Defendants requests for additional searches and productions of documents. and that it did not anticipate... the additional requests defendants [sic] would make. Undoubtedly the parties will continue to vigorously disagree about the scope of document production and its proper implications for the overall schedule, but FHFAs claim that Defendants are in any way the cause of the delays affecting its document production is simply not correct. (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/17/2013. (Court Reporter Khris Sellin) (gr) |
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Filing 361
ORDER that, in the event the issues raised by FHFA in a letter dated May 15, 2013, remain outstanding after meet and confer sessions between the parties, a telephone conference will be held on Monday, May 20, 2013 at 2:30 p.m. (Signed by Judge Denise L. Cote on 5/16/2013) (gr)
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Filing 360
ORDER REGARDING DEFENDANTS' PRIVILEGE LOG DEADLINES. (Signed by Judge Denise L. Cote on 5/16/2013) (gr)
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| Filing 359 ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy and Mark E. Kasowitz dated 5/14/2013 re: We write on behalf of Plaintiff FHFA to request a short extension of time to respond to Defendants' May 8 2013 Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards such that FHFA's opposition brief would be due on Monday, May 20, and Defendants' reply brief would be due on Tuesday, May 28. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/15/2013) (gr) |
| Filing 358 Letter addressed to Judge Cote from Penny Shane dated 5/3/2013. I write on behalf of JPMorgan Chase Bank, N.A. ("Chase Bank") to report on Chase Bank's response to subpoenas for loan records in Tranche 3 and 4 Actions where it is not a party. (gr) |
| Filing 357 Letter addressed to Judge Cote from Philippe Z. Selendy, Christine H. Chung, Kanchana Wangkeo Leung, and Manisha Sheth dated 5/3/2013. We write on behalf of Plaintiff FHFA to respond to the Courts request for information regarding FHFAs document production since January 2013. (gr) |
| Filing 356 Letter addressed to Judge Cote from Penny Shane dated 4/29/2013. On behalf of defendants in the above-referenced actions (Defendants), asrequested at the April 26, 2013 conference with the Court, we write to identify instances inwhich Defendants objected to the deposition limits the Court has set, under which FHFA maytake over 400 depositions of Defendants but Defendants may take only 20 shared depositions ofFannie Mae, Freddie Mac and FHFA/OFHEO. (gr) |
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Filing 355
ORDER. Having reviewed the parties' recent submissions in connection with two outstanding discovery issues to be addressed at a conference this week, the allocation of the costs associated with identification and indexing of Guidelines in the Ally action and the adequacy of defendants' disclosures regarding non-Supporting Loan Group sets, the Court has concluded that the conference can be conducted in less than an hour. Accordingly, it is hereby Ordered that a telephone conference will be held on May 17 2013 at 2:30 p.m.( Telephone Conference set for 5/17/2013 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/14/2013) (gr)
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Filing 354
ORDER REGARDING DOCUMENT PRODUCTION DEADLINES. This Order shall apply to all depositions taken after April 26, 2013 regardless of the date on which they were noticed. (Signed by Judge Denise L. Cote on 5/13/2013) (gr)
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| Filing 353 ENDORSED LETTER addressed to Judge Cote from FHFA dated 5/10/13 re: production of outstanding Sample Loan Files from third-party servicer Ocwen. ENDORSEMENT: Any objection to the request, by a party to these actions, should be made by May 14 at noon. (Signed by Judge Denise L. Cote on 5/13/13) (abl) |
| Filing 352 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Adam Abensohn, Christine H. Chung, Manisha M. Sheth, Kanchana Wangkeo Leung dated 4/30/2013. We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to update the Court on the status of the parties efforts regarding the production, identification, and stipulation of Loan Files and Guidelines relating to FHFAs Sample Loans in the Tranche 3 and Tranche 4 Actions (together, the Actions).(gr) |
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Filing 351
ORDER: It is hereby ORDERED that, at the request of counsel, the telephone conference to discuss the Rating Agencies' compliance with FHFA's subpoenas previously scheduled for May 15 at 10:30 a.m. is adjourned to May 20, 2013, at 11:30 a.m., ( Telephone Conference set for 5/20/2013 at 11:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/8/2013) (lmb)
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| Filing 350 Letter addressed to Judge Cote from Ryan Scarborough dated 4/30/2013. Pursuant to Paragraph 3 of the Court's 2/27/2013 Supplemental Expert Scheduling Order for Tranches 3 and 4, Bank of America respectfully submits this status report on the "production and identification of, and stipulation to, Guidelines and Loan Files." Document filed by Bank of America Corporation.(gr) |
| Filing 349 Letter addressed to Judge Cote from Edward J. Bennett dated 4/26/13. The Bank of America and Merrill Lynch Defendants join in the arguments made by theUBS and JP Morgan Defendants in their letters of April 25, 2013 regarding FHFAs request that the Court set a one-size-fits-all, four-week deadline to complete party document productions.Document filed by Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America Corporation, Bank of America, National Association.(gr) |
| Filing 348 Redacted Letter addressed to Judge Cote from Jonathan B. Oblak and Kanchana Wangkeo Leung dated 4/26/2013 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to Defendants April 25, 2013 letter requesting that the Court require FHFA to designate a new Freddie Mac witness to testify further regarding Topic 9 of Defendants January 11, 2013 Notice of Rule 30(b)(6) Deposition (30(b)(6) Notice). Document filed by FHFA. (Attachments: #1 Exhibit Redacted, #2 Exhibit Redacted, #3 Exhibit Redacted)(gr) |
| Filing 347 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 4/25/13 re: Deadlines for document production. (Attachments: #1 Exhibit) (abl) |
| Filing 346 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 4/25/13 re: Further 30(b)(6) deposition of Freddie Mac. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (abl) |
| Filing 345 Letter addressed to Judge Cote from FHFA dated 4/25/13 re: Freddie Mac AMO reviews. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (abl) |
| Filing 344 Letter addressed to Judge Cote from JPMorgan (Penny Shane) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl) |
| Filing 343 Letter addressed to Judge Cote from Goldman Sachs (Richard H. Klapper) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl) |
| Filing 342 Letter addressed to Judge Cote from Ally Securities (Devon M. Largio) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl) |
| Filing 341 Letter addressed to Judge Cote from FHFA dated 4/24/13 re: Deadline for completion of document production and privilege logs. (abl) |
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Filing 340
ORDER that the Rating Agencies shall submit by May 13, 2013, letter briefs no longer than five pages regarding compliance with FHFA's subpoenas. IT IS FURTHER ORDERED that a telephone conference to discuss this issue will be held on Wed., May 15 at 10:30 a.m. IT IS FURTHER ORDERED that FHFA shall serve copies of this Order on the Rating Agencies. (Signed by Judge Denise L. Cote on 5/7/2013) (gr)
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| Set/Reset Hearings: Telephone Conference set for 5/15/2013 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr) |
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Filing 339
ENDORSED LETTER addressed to Judge Cote from Counsel for Plaintiff Federal Housing Finance Agency ("FHFA") regarding the Court's request during the 4/262013 status conference that FHFA provide by today a status report concerning the Tranche 3 and 4 Defendants' disclosure pursuant to the Supplemental Expert Scheduling Order ated 2/27/2013. FHFA respectfully request that the Court permit FHFA an additional two business days, until 5/7/2013, to complete that process and submit the request status report. Defendants consent to this brief extension dated 5/3/2013 ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/6/2013) (gr)
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| Filing 338 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, and Kanchana Wangkeo Leung dated 4/30/2013 re: As discussed in this letter, FHFA and Defendants in the Credit Suisse, Deutsche Bank, Goldman Sachs, Morgan Stanley, HSBC, Citi, Barclays, Nomura, and First Horizon cases respectfully request an extension until May 31, 2013 of (1) the deadline for the production, identification, and stipulation of the Loan Files and applicable Guidelines for all Securitizations; and (2) the date after which re-underwriting costs may be shifted based on the late production of Loan Files or Guidelines (set forth in Paragraph 4 of the Supplemental ESO). The parties can amend their proposed stipulations up to that same deadline. FHFA and SG Americas respectfully request an extension until May 13, 2013 and finally, FHFA and Ally respectfully request an extension until May 15, 2013. ENDORSEMENT: The requested extensions are approved. (Signed by Judge Denise L. Cote on 5/2/2013) (rsh) |
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Filing 337
ORDER It is hereby ORDERED that JPMorgan provide by May 3, 2013, a date by which it expects to complete production of the Loan Files mentioned in FHFAs April 30 status report. (Signed by Judge Denise L. Cote on 5/2/13)(abl)
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Filing 336
ORDER: On May 1, 2013, the parties jointly submitted to the Court a proposed extension of the briefing schedule established in the Court's Order of April 30. It is hereby ORDERED that any brief on the legal issues mentioned in the Court's April 30 Order by defendants shall be served by May 8, 2013. Plaintiff's opposition shall be served by May 15, 2013. Defendants' reply shall be served by May 20, 2013, at noon. (Signed by Judge Denise L. Cote on 5/1/2013) (rsh)
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Filing 335
ORDER: In a series of letters beginning April 5, 2013, the parties raised several outstanding discovery issues and requested a conference. A conference was held on April 26, but several issues remain outstanding. It is hereby ORDERED that a telephone conference will be held to address these issues on Wednesday, May 1 at 10:30 AM., ( Telephone Conference set for 5/1/2013 at 10:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/30/2013) (lmb)
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Filing 334
ORDER: At a conference held on April 26, 2013, the Court discussed with defendants the possibility of their submitting briefing regarding knowledge and other legal standards in this case in advance of summary judgment practice. It is hereby ORDERED that any brief on these issues by defendants shall be served by May 3, 2013. Plaintiff's opposition shall be served by May 10, 2013. Defendants' reply shall be served by May 14, 2013. (Signed by Judge Denise L. Cote on 4/30/2013) (lmb)
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Filing 333
ORDER: At a conference held on April 26, 2013, defendants raised the issue of inquiry notice, and the Court indicated that it would provide counsel with a reference to its discussion of inquiry notice in a previous opinion. Inquiry notice was addressed in the Court's May 4, 2012, opinion granting in part and denying in part the motion to dismiss the second amended complaint in the UBS Action, No. 11 Civ. 5201 (DLC), at page 19 et seq. (Signed by Judge Denise L. Cote on 4/29/2013) (lmb)
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| Filing 332 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Kanchana Wangkeo Leung dated 4/26/2013 re: To allow sufficient time for the parties to collect, identify, and stipulate to these Remaining Sample Loans, FHFA respectfully requests that the deadline for production, identification, and stipulation of the Securitizations identified on Exhibit 1 be extended until May 31, 2013, except for those Securitizations related to the Bank of America action. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/26/2013) (lmb) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 4/26/2013. (Court Reporter Jennifer Thun) (gr) |
| Filing 331 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 4/24/2013 re: Deadline for Completion of Document Production and Privilege Logs. Document filed by Federal Housing Finance Agency.(gr) |
| Filing 330 Letter addressed to Judge Cote from FHFA (Manisha Sheth) dated 3/25/13 re: UBS production of on-site originator reviews. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
| Filing 329 Letter addressed to Judge Cote from Sascha N. Rand dated 4/11/2013 re: Pursuant to the instructions received from Chambers on April 8, 2013 and the additional meet and confer discussions between the parties, we write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to update the Court regarding the status of Loan File production in the Tranche 2,3, and 4 Actions. Document filed by Federal Housing Finance Agency.(gr) |
| Filing 328 Letter addressed to Judge Cote from Steven M. Cady on behalf of Defendants in the above-cationed actions dated 4/11/2013 re: After an opportunity to meet and confer with FHFA regarding FHFA's letter dated April 4, Defendants and FHFA have resolved the matters raised in FHFA's letter without the need for Court intervention. (gr) |
| Filing 327 Letter addressed to Judge Cote from Philippe Selendy, Richrd Schirtzer, Christine Chung, Manisha Sheth and Kanchana Wangkeo Leung dated 4/10/2013 re: FHFA's Response to Defendants' 4/5/2013 letter re: 20 Deposition limit. Document filed by Federal Housing Finance Agency.(gr) |
| Filing 326 Letter addressed to Judge Cote from Steven M. Cady dated 4/7/2013 re: I write on behalf of Defendants in the above-captioned actions in response to FHFA's letter to the Court dated 4/4/2013 regarding loan file collection. (gr) |
| Filing 325 Letter addressed to Your Honor from Penny Shane dated 4/5/2013 re: Defendants in the above-referenced actions write in response to the Courts March 22 Order that [t]he parties shall confer and design a process for selecting deponents. (gr) |
| Filing 324 Letter addressed to Judge Cote from Edward J. Bennett dated 4/23/2013 re: we write to request a pre-motion conference to seek relief from FHFAs refusal to produce properly requested originator reviews conducted by Freddie Mac, which bear directly on FHFAs allegations concerning systematic abandonment of underwriting guidelines. Document filed by Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America Corporation, Bank of America, National Association. (Attachments: #1 Exhibit Redacted Pursuant to Protective Order)(gr) |
| Filing 323 Letter addressed to Judge Cote from Sascha Rand dated 4/4/2013 re: to supplement its report of March 29, 2013 to report on the production of Loan Files and Guidelines in the Tranche 2, Tranche 3, and Tranche 4 Actions and topropose associated relief. Document filed by Federal Housing Finance Agency.(gr) |
| Filing 322 Letter addressed to Judge Cote from Plaintiff's counsel dated 4/18/2013 re: Tranche 3 and 4 Defendants' Disclosures of Non-SLG sets. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit April 5, 2013 letter from Reginald Goeke to Kanchana Leung)(gr) |
| Filing 321 Letter addressed to Judge Cote from Plaintiff's counsel dated 3/28/2013 re: additional Freddie Mac 30(b)(6) designees. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit Notice of Rule 30(b)(6) Deposition, #2 Exhibit redacted, #3 Exhibit redacted, #4 Exhibit redacted, #5 Exhibit redacted)(gr) |
| Filing 320 Letter addressed to Judge Cote from plaintiff's counsel dated 3/28/2013 re: additional Fannie Mae 30(b)(6) designees. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit redacted, #2 Exhibit redacted, #3 Exhibit redacted, #4 Exhibit redacted)(gr) |
| Filing 319 Letter addressed to Judge Cote from Phillip A. Sechler dated 3/26/2013 re: adequacy of plaintiff's 30(b)(6) designees. (Attachments: #1 Exhibit Redacted Pursuant to Protective Order, #2 Exhibit Redacted Pursuant to Protective Order, #3 Exhibit Redacted Pursuant to Protective Order, #4 Exhibit Redacted Pursuant to Protective Order, #5 Exhibit Redacted Pursuant to Protective Order)(gr) |
| Filing 318 Letter addressed to Judge Cote from Robert A. Fumerton dated 3/26/2013 re: response to FHFA's 3/25/2013 letter. Document filed by GS Mortgage Securities Corp., UBS Securities LLC, UBS Securities LLC, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration (redacted))(gr) |
| Filing 317 Letter addressed to Judge Cote from Penny Shane dated 3/26/2013 re:to write to request that the Court direct Plaintiff to designate an additional Fannie Mae Rule 30(b)(6) deposition witness (or witnesses) to testify on certain topics discussed below. Document filed by UBS Americas Inc. (Attachments: #1 Exhibit Letter, #2 Exhibit Letter, #3 Exhibit Notice of Rule 30(b)(6) Deposition, #4 Exhibit FHFA's response to Rule 30(b)(6), #5 Exhibit Redacted, #6 Exhibit Redacted, #7 Exhibit Redacted, #8 Exhibit Redacted, #9 Exhibit Redacted)(gr) |
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Filing 316
ORDER: In a series of letters beginning April 5, 2013, the parties raised several outstanding discovery issues and requested a conference. The parties could not agree on a time during the week of April 15, but were able to agree to a time the following week. It is hereby ORDERED that a conference will be held to address these issues on Friday, April 26 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York., ( Status Conference set for 4/26/2013 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/17/2013) (lmb)
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| Filing 315 ENDORSED LETTER addressed to Judge Cote from the UBS Defendants dated 4/16/13 re: Additional proposed redactions to the Thacher Memorandum. ENDORSEMENT: These additional redactions are approved with one exception: The request to redact #5 is denied. (Signed by Judge Denise L. Cote on 4/16/13) (al) |
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Filing 314
ORDER regarding FHFA's objection to the designation of certain documents by defendant UBS as protected by the attorney-client privilege. (Signed by Judge Denise L. Cote on 4/16/13) (al)
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| Filing 313 ENDORSED LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 4/1/2013 re: FHFA and BOA jointly request an extension until May 31, 2013 of the April 30, 2013 deadline for production, identification, and stipulation of Loan Files and Guidelines in the BOA Action. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb) |
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Filing 312
JOINT STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF MEMORANDA RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING REVIEWS OF ORIGINATORS AND THE SECURITIZATIONS: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Federal Finance Housing Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac"), and each Defendant in the above-captioned actions ("the Parties"), by and through their undersigned counsel, as follows: Defendants agree that they will not assert, and it will not be deemed, that Plaintiff FHFA's production of memoranda summarizing Fannie Mae's anti-predatory lending reviews of Originators and memoranda summarizing Fannie Mae's post-purchase reviews of third party exception reports relating to the Securitizations (collectively "the Documents") is a waiver of any claim of privilege that FHFA may assert as to documents other than the Documents produced pursuant to this stipulation. All parties agree that they will not assert, and it will not be deemed, that either the production of the Documents or this stipulation constitutes evidence or an admission by any party that any documents other than the Documents are or are not covered by any privilege. With respect to any documents other than the Documents produced by Plaintiff FHFA pursuant to this Stipulation, all parties reserve their rights to make arguments concerning privileges, waiver of privileges, and the scope of any such waivers. No party takes a position on, and each reserves the right to oppose (on grounds other than privilege), the use of the Documents as evidence. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb)
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Filing 311
JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF DILIGENCE LOAN INFORMATION TO NON-PARTIES: 1. If a Due Diligence File Custodian, including but not limited to the Due Diligence File Custodians identified in the attached Exhibit 1, requires Diligence Loan Information, including Non-Party Borrower Information, to identify and produce the requested due diligence files and related documents ("Confidential Diligence Loan Information"), the Due Diligence File Custodian may obtain the Confidential Diligence Loan Information as set forth in this Stipulation. 2. Any Confidential Diligence Loan Information that was designated by a Defendant as Confidential pursuant to the Protective Order may be disclosed by that Defendant to a Due Diligence File Custodian in accordance with Paragraph 11 of the Protective Order as further set forth in this order. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb)
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| Filing 310 NOTICE of Of Withdrawal Of Neil S. Binder. Document filed by George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Riccardi, Matthew) |
| Filing 309 Letter addressed to Judge Cote from Philippe Selendy, Richard Schirtzer, Christine Chung, Manisha Sheth and Kanchana Wangkeo Leung dated 3/29/2013 re: Pursuant to this Courts Order of March 4, 2013, we write on behalf of the Federal Housing. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(gr) |
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Filing 308
ORDER that the modifications to the schedules in these coordinated actions requested by FHFA and many defendants, as reflected in FHFA's 3/29/13 status report, are approved. (See Order for schedule) (Signed by Judge Denise L. Cote on 4/1/2013) (gr)
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Filing 307
STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER FOR MATERIALS PRODUCED BY HE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN, INC. SO ORDERED. (Signed by Judge Denise L. Cote on 4/1/2013) (gr)
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Filing 306
ORDER (Signed by Judge Denise L. Cote on 4/1/13) (abl)
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Filing 305
ORDER (Signed by Judge Denise L. Cote on 3/29/13) (abl)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 3/27/2013. (Court Reporter Joanne Mancari) (gr) |
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Filing 304
OPINION AND ORDER denying the UBS Defendants' application to require the Federal Housing Finanace Agency to pay either $250,000 or at least $85,000 of the cost incurred in identifying certain files produced by third parties. (Signed by Judge Denise L. Cote on 3/26/2013) (gr)
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| Filing 302 Letter addressed to Judge Cote from defendant Credit Suisse (Keara A. Bergin) dated 3/22/13 re: status of loan file production by NationStar. (abl) |
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Filing 303
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 3/19/2013 re: On behalf of the Merrill Lynch and Bank of America Defendants, we write to request a pre-motion conference at which to seek relief concerning documents relating to originator appraisal bias that FHFA has declined to produce notwithstanding this Court's Order that it do so. The parties have met and conferred extensively on this issue and are at an impasse. ENDORSEMENT: Denied, for reasons stated in FHFA's 3/22 letter. (Signed by Judge Denise L. Cote on 3/22/2013) (lmb)
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| ***DELETED DOCUMENT. Deleted document number 300 ENDORSED LETTER. The document was incorrectly filed in this case. (mt) |
| Filing 301 ENDORSED LETTER addressed to Judge Cote from Defendants (Phillip A. Sechler) dated 3/21/13 re: 30(b)(6) depositions. ENDORSEMENT: Denied for failure to indicate that defendants have exhausted the meet and confer process. (Signed by Judge Denise L. Cote on 3/22/13) (abl) |
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Filing 299
ENDORSED LETTER addressed to Judge Cote from Non-UBS defendants (Edward J. Bennett) dated 3/21/13 re: the Court's March 19, 2013 Order regarding deposition coordination and scheduling. ENDORSEMENT: The parties shall confer and design a process for selecting deponents. If the parties cannot agree between two competing proposals, the Court shall hear the parties. (Signed by Judge Denise L. Cote on 3/22/13) (al)
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| Filing 298 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Federal Housing Finance Agency (Goldstein, Jordan) |
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Filing 297
ORDER: It is hereby ORDERED that Citigroup Defendants may begin to exchange guideline matches on March 29, 2013. IT IS FURTHER ORDERED that by March 22, the defendants shall provide a report regarding the status of the production of Loan Files by NationStar. (Signed by Judge Denise L. Cote on 3/20/2013) (lmb)
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Filing 296
ORDER: FHFA or a defendant may identify to its adversary the Loan Files and Guidelines to which it will stipulate, and seven days thereafter the adversary shall agree to the stipulation or provide specific reasons why it does not agree. (Signed by Judge Denise L. Cote on 3/19/13)(gr)
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| Filing 295 ENDORSED LETTER addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 3/19/2013 re: Response to USB's 3/15/13 letter requesting extension of deadlines for fact and expert discovery. ENDORSEMENT: All defendants must cooperate in the scheduling of the FHFA (Fannie Mae; Freddie Mac) depositions. The limit on the depositions applies across all actions. The USB request to extend its discovery until 12/6 is denied. Fact discovery in the UBS action is extended to 8/30/13; expert discovery is extended to 9/4/13.(Signed by Judge Denise L. Cote on 3/19/2013)(gr) |
| Filing 294 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 3/15/2013 re: Request by UBS Defendants for adjournment of interim deadlines in USB action.(gr) |
| Filing 293 Letter addressed to Judge Cote from UBS Defendants (Robert Fumerton) dated 3/1/13 re: Production of Syron documents. (al) |
| Filing 292 Letter addressed to Judge Cote from FHFA and JPMorgan Chase dated 2/28/13 re: Joint status report. (al) |
| Filing 291 Letter addressed to Judge Cote from FHFA dated 2/28/13 re: Tranche 3 and 4 status report. (al) |
| Filing 290 Letter addressed to Judge Cote from Defendants in Tranche 3 and 4 cases (Amanda Davidoff) dated 2/28/13 re: Status report. (al) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 3/4/2013. (Court Reporter Rose Prater) (gr) |
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Filing 289
ORDER: The requested extension of the deadline for stipulations in the JPMorgan Chase Action to March 31, 2013, is granted. IT IS FURTHER ORDERED that the parties to the following six Tranche 3 and 4 Actions submit by March 15, 2013, further reports on the status of production, matching, and stipulation to Loan Files and Guidelines: FHFA v. HSBC North America Holdings, Inc., et al., 11-cv-6189, FHFA v. Deutsche Bank AG, et al., 11-cv-6192, FHFA v. Citigroup, et al., 11-cv-6196, FHFA v. Goldman Sachs & Co., et al., 11-cv-6198, FHFA v. Morgan Stanley, et al., 11-cv-6739, and FHFA v. Ally Financial, Inc., et al., 11-cv-7010. (Signed by Judge Denise L. Cote on 3/4/2013) (ft)
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| Filing 288 Letter addressed to Judge Cote from FHFA dated 2/25/13 re: Proposed expert scheduling order for Tranche 3 and 4 cases. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Text of Proposed Order) (al) |
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Filing 287
SUPPLEMENTAL EXPERT SCHEDULING ORDER FOR TRANCHES 3 AND 4:Summary Judgment Motions in Tranche 3 and 4 due by 1/24/2014. Opposition briefs shall be due by 3/21/2014 Reply briefs due by 4/11/2014. Expert Discovery shall be completed by 3/7/2014. See Scheduling Order. (Signed by Judge Denise L. Cote on 2/27/2013) (gr)
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| Filing 286 Letter addressed to Judge Cote from Defendants in Tranche 3 and 4 cases (David Woll) dated 2/25/13 re: Proposed expert scheduling order for Tranche 3 and 4 cases. (Attachments: #1 Text of Proposed Order) (al) |
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Filing 285
AMENDED ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants") as further set forth in this order. (Signed by Judge Denise L. Cote on 2/25/2013) (lmb)
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| Filing 284 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/22/13 re: FHFA's request for an extension of time to respond to interrogatories. (Attachments: #1 Exhibit) (al) |
| Filing 283 Letter addressed to Judge Cote from FHFA dated 2/21/13 re: Application for an extension of time to respond to interrogatories. (al) |
| Filing 282 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Proposed supplemental expert scheduling order for tranche 3 and 4 cases. (Attachments: #1 Text of Proposed Order) (al) |
| Filing 281 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for additional Freddie Mac custodians. (al) |
| Filing 280 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Status report on outstanding discovery issues. (al) |
| Filing 279 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: FHFA's assertion of privilege over Fannie Mae reviews or actions based on third party loan level reviews. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (al) |
| Filing 278 Letter addressed to Judge Cote from Defendants dated 2/20/13 re: Status report on outstanding discovery issues. (al) |
| Filing 277 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: Production of third party loan level reviews. (Attachments: #1 Exhibit) (al) |
| Filing 276 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Production of privilege logs. (Attachments: #1 Exhibit, #2 Exhibit) (al) |
| Filing 275 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re: JPMorgan's delays in document production relating to successor liability claims. (al) |
| Filing 274 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re: JPMorgan's delays in document production. (al) |
| Filing 273 Letter addressed to Judge Cote from JPMorgan Chase (Penny Shane) dated 2/20/13 re: Document production relating to FHFA's successor liability claims. (al) |
| Filing 272 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/20/13 re: Production of privilege logs. (Attachments: #1 Exhibit) (al) |
| Filing 271 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: UBS delays in deposition scheduling. (al) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/21/2013. (Court Reporter Linda Fisher) (gr) |
| Filing 270 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for production of GSE reviews of single-family due dilgence vendors. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (al) |
| Filing 269 Letter addressed to Judge Cote from Defendants (Jay B. Kasner) dated 2/20/13 re: Request to search custodial files of certain Freddie Mac employees. (Attachments: #1 Exhibit, #2 Exhibit) (al) |
| Filing 268 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for loan-level reviews of the securitizations. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (al) |
| Filing 267 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for 30(b)(6) testimony. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (al) |
| Filing 266 Letter addressed to Judge Cote from Goldman Sachs Defendants (Richard H. Klapper) dated 2/19/13 re: FHFA's request for information regarding Goldman's due diligence. (Attachments: #1 Exhibit) (al) |
| Filing 265 Letter addressed to Judge Cote from FHFA (Philippe Z. Selendy and Kanchana Wangkeo Leung) dated 2/19/13 re: Goldman Sachs' due diligence loans. (al) |
| Filing 264 Letter addressed to Judge Cote from Defendants (Robert A. Fumerton) dated 2/15/13 re: Defendants' request for 30(b)(6) testimony. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (al) |
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Filing 263
ORDER: In a series of letters beginning February 1, the parties raised several issues related to discovery in this litigation and requested a conference. Conferences were held on February 7 and 14, but certain issues remain outstanding. It is hereby ORDERED that a conference will be held to address these issues on Thursday, February 21 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 2/21/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) (jcs)
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| Filing 262 Letter addressed to Judge Cote from FHFA dated 2/13/13 re: Defendants' request for single-family due diligence policies. (al) |
| Filing 261 Letter addressed to Judge Cote from FHFA (Jon Corey) dated 2/13/13 re: Defendants' letter seeking 30(b)(6) deposition regarding Freddie Mac email preservation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (al) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/14/2013. (Court Reporter Bill Williams) (gr) |
| Filing 260 Letter addressed to Judge Cote from Defendants (Robert A. Fumerton) dated 2/13/13 re: FHFA's retention of documents from Freddie Mac. (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (al) |
| Filing 259 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/13/13 re: Use of loan level information at GSEs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (al) |
| Filing 258 Letter addressed to Judge Cote from FHFA (Christine H. Chung and Kanchana Wangkeo Leung) dated 2/13/13 re: letter from Goldman Sachs of 2/1 regarding due diligence loans. (al) |
| Filing 257 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/13/13 re: Loan level reviews conducted by the GSEs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (al) |
| Filing 256 Letter addressed to Judge Cote from Defendants (Richard H. Klapper) dated 2/13/13 re: Diligence provider reviews. (al) |
| Filing 255 Letter addressed to Judge Cote from Defendants dated 2/13/2013 re: Defendants' status report on outstanding discovery issues. (al) |
| Filing 254 Letter addressed to Judge Cote from Defendants (Richard H. Klapper) dated 2/13/13 re: GSEs' due diligence policies. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (al) |
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Filing 253
ORDER: In a series of letters beginning February 1, the parties raised several issues related to discovery in this litigation and requested a conference. A conference was held on February 7, but certain issues remained outstanding at its conclusion. It is hereby ORDERED that a conference will be held to address these issues on Thursday, February 14 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York., ( Status Conference set for 2/14/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/13/2013) (lmb)
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| Filing 251 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re: Scheduling order for unstipulated loans in UBS. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (al) |
| Filing 252 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re: Scheduling order for unstipulated loans in Merrill Lynch. (Attachments: #1 Text of Proposed Order) (al) |
| Filing 250 Letter addressed to Judge Cote from FHFA (Christine H. Chung and Michael Hanin) dated 2/12/13 re: Status update re due diligence loans. (al) |
| Filing 249 Letter addressed to Judge Cote from FHFA dated 2/12/13 re: Tranche 3 and 4 expert schedule. (Attachments: #1 Exhibit)(al) |
| Filing 248 Letter addressed to Judge Cote from Tranche 3 and 4 Defendants (David J. Woll) dated 2/12/13 re: Proposed expert scheduling order. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(al) |
| Filing 247 Letter addressed to Judge Cote from Goldman Sachs (Richard H. Klapper) dated 2/12/13 re: FHFA's request of 2/1 that Goldman be ordered to compile data. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(al) |
| Filing 246 Letter addressed to Judges Cote and Thompson from FHFA dated 2/1/13 re: Expert scheduling in Tranche 3 and 4 cases. (Attachments: #1 Exhibit, #2 Exhibit)(al) |
| Filing 245 Letter addressed to Judge Cote from UBS (Robert A. Fumerton) dated 2/6/13 re: FHFA's letter of 2/1 re due diligence. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(al) |
| Filing 244 Letter addressed to Judge Cote from UBS (Penny Shane) dated 2/6/13 re: Deficiencies in FHFA's production of documents from Freddie Mac. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(al) |
| Filing 243 Letter addressed to Judge Cote from FHFA dated 2/6/13 re: Loss causation documents. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(al) |
| Filing 242 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/6/13 re: FHFA's letter of 2/1 re due diligence. (al) |
| Filing 241 Letter addressed to Judge Cote from UBS (Robert A. Fumerton) dated 2/6/13 re: Status of reunderwriting. (Attachments: #1 Text of Proposed Order)(al) |
| Filing 240 Letter addressed to Judge Cote from FHFA (Sascha N. Rand) dated 2/6/13 re: UBS defendants' request for extension. (gr) |
| Filing 239 Letter addressed to Judge Cote from Defendants (Penny Shane et al.) dated 2/6/13 re: Letter from Ally of 2/5 re FHFA's production. (Attachments: #1 Exhibit)(al) |
| Filing 238 Letter addressed to Judge Cote from Counsel for FHFA dated 2/6/13 re: Defendants' letter of 2/4/13 re due diligence. (al) |
| Filing 237 Letter addressed to Judge Cote from FHFA (Kanchana Wangkeo Leung) dated 2/6/13 re: Letter from Ally of 2/5/13. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(al) |
| Filing 236 Letter addressed to Judge Cote from Ally (Robert J. Kopecky) dated 2/5/13 re: FHFA's response to interrogatories. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(al) |
| Filing 235 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) and JPMorgan Chase (Penny Shane) dated 2/1/13 re: Status report re matching in JPMorgan Chase. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (abl) |
| Filing 234 Letter addressed to Judge Cote from Merrill Lynch (Ryan Scarborough) dated 2/5/13 re: Status update re loan file and guideline matching. (abl) |
| Filing 233 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/1/13 re: Loan file matching in UBS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit) (abl) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/7/2013. (Court Reporter Carol Ganley) (gr) |
| Filing 232 SEALED DOCUMENT placed in vault.(mps) |
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Filing 231
ORDER It is hereby ORDERED that a conference will be held to address the issues raised in these letters and any outstanding discovery issues on Thursday, February 7, at 9:30 AM (Signed by Judge Denise L. Cote on 2/5/13) (abl)
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| Filing 230 Letter addressed to Judge Cote from Richard A. Klapper dated 2/4/13 re: FHFA's production of documents relating to causation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (al) |
| Filing 229 Letter addressed to Judge Cote from Richard H. Klapper dated 2/4/13 re: FHFA's production of documents relating to the GSEs' purchases of loans. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (al) |
| Filing 228 Letter addressed to Judge Cote from Robert A. Fumerton dated 2/4/13 re: Responding to statements in FHFA's letter of February 1, 2013. Document filed by UBS Americas Inc. (al) |
| Filing 227 Letter addressed to Judge Cote from Christine H. Chung and Kanchana Wangkeo Leung dated 2/1/13 re: Discovery relating to third party due diligence. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit, #2 Exhibit)(al) |
| Filing 226 Letter addressed to Judge Cote from David J. Woll dated 2/1/13 re: Expert scheduling for Tranche 3 and 4 cases. Document filed by Deutche Bank AG.(Attachments: #1 Text of Proposed Order) (al) |
| Filing 225 Letter addressed to Judge Cote from Manisha M. Seth dated 2/1/13 re: Loan file matching in Merrill Lynch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(al) |
| Filing 224 Letter addressed to Judge Cote from Robert A. Fumerton dated 2/1/13 re: Status update on efforts to identify documents and underwriting guidelines relating to loan files in FHFA's proposed sample. (al) |
| Filing 223 Letter addressed to Judge Cote from Ryan Scarborough dated 2/1/13 re: Status of Merrill Lynch's efforts to identify and stipulate to loan files and underwriting guidelines applicable to FHFA's sample. (al) |
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Filing 222
AMENDED STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, as follows: 1. This Stipulation shall apply only to the service of Documents between the undersigned parties/attorneys, and not to their filing. Documents filed using the ECF system need not be separately emailed, subject to paragraph 4 of this Stipulation. "Document" shall be interpreted to include any exhibits or attachments to the document and shall include pleadings, correspondence, and discovery-related documents. 2. Plaintiff and Defendants agree that service may be effected on the relevant party by sending the Documents to all of the e-mail addresses for the relevant party listed in Exhibit A. 3. A Document served by e-mail that a party/attorney is required to sign may include the party's/attorney's actual signature or a signature block with the name of the signatory accompanied by "s/" or "/s/." 4. Documents filed under seal or Documents too large to be filed through the ECF system should be served via e-mail. 5. To the extent that a Document is too large to be delivered by email, the Document shall be served in hard copy or on electronic media via FedEx, overnight delivery, or hand delivery, with simultaneous e-mail notification of service by these other means. 6. Service effected pursuant to this Stipulation shall satisfy the requirements of Federal Rule of Civil Procedure 5(b)(2)(E). Federal Rule of Civil Procedure 6(d) shall not apply to service effected under Rule 5(b)(2)(E) pursuant to this Stipulation. ENDORSEMENT: So ordered. (Signed by Judge Denise L. Cote on 2/4/2013) (rjm)
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| Filing 221 ANSWER to #66 Amended Complaint,,. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 220 Letter addressed to Judge Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated 1/15/13 re: correcting a statement in FHFA's January 10, 2013 letter to the Court. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (abl) |
| Filing 219 Letter addressed to Judge Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated 1/10/13 re: Discovery of documents relating to the GSEs' single family businesses. Document filed by The Federal Housing Finance Agency. (abl) |
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Filing 218
STIPULATION AND ORDER: (1) MLPF&S and the Defendants will not contest or dispute in this Action, or in connection with any appeal of any order or judgment entered in this Action, the issue of successor liability arising from the merger of BOA Securities with and into MLPF&S (2) MLPF&S will be treated as the successor-in-interest to BOA Securities in this Action, including for the purpose of awarding damages; and (3) The Entity Defendants represent that they have authority to enter into this Stipulation on behalf of MLPF&S and its affiliates. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 1/14/2013) (djc) Modified on 1/14/2013 (djc).
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Filing 217
FIRST AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 1/11/2013) (djc)
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| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 1/11/2013. (rjm) |
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Filing 216
ORDER ADMITTING PHILIP A. SECHLER PRO HAC VICE granting #187 Motion for Philip A. Sechler to Appear Pro Hac Vice. ORDERED that, pursuant to Local Civil Rule 1.3(c) of the Local Rules of this Court, Philip A. Sechler is hereby admitted pro hac vice to the Bar of this Court.(Signed by Judge Denise L. Cote on 1/08/2013) (ama)
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Filing 215
ORDER ADMITTING STEPHEN L. URBANCZYK PRO HAC VICE granting #186 Motion for Stephen L. Urbanczyk to Appear Pro Hac Vice. ORDERED that, pursuant to Local Civil Rule 1.3( c) of the Local Rules of this Court, Philip A. Sechler is hereby admitted pro hac vice to the Bar of this Court for the purpose of representing Defendants Bank of America Corp.; Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith Inc.(f/k/a Banc of America Securities LLC); Asset Backed Funding Corp.; Banc of America Mortgage Securities Inc.; and Banc of America Funding Corp. in the above captioned proceeding.(Signed by Judge Denise L. Cote on 1/08/2013) (ama)
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Filing 214
STIPULATION AND ORDER REGARDING PLAINTIFFS VIRGINIA SECURITIES ACT CLAIMS: Now, therefore, It is hereby ordered that Plaintiff's claims under section 13.1.522(A)(ii) of the VSA are dismissed as to the defendants identified in Column 2 of the attached chart and Plaintiff's derivative control-person claims under Section 13.1-522(c) of the VSA are dismissed as to the individual defendants identified in Column 3 of the attached chart. So Ordered (Signed by Judge Denise L. Cote on 1/8/2013) (js)
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| Filing 213 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung on behalf of the plaintiff dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr) |
| Filing 212 Letter addressed to Judge Cote from Edward Bennett on behalf of Bank of America and Merrill Lynch defendants dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr) |
| Filing 211 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for the plaintiff dated 12/14/12 re: defendants' request for GSE compensation data. (gr) |
| Filing 210 Letter addressed to Judge Cote from Richard Klapper for all defendants dated 12/13/2012 re: defendants' request for GSE compensation data. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(gr) |
| Filing 209 Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: disputes regarding plaintiff''s document discovery requests. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr) |
| Filing 208 Letter addressed to Judge Cote from Edward Bennett on behalf of defendants dated 12/13/12 re: FHFA's proposed revisions to deposition protocol. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4A, #5 Exhibit 4B)(gr) |
| Filing 207 Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: revision to deposition protocol. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(gr) |
| Filing 206 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/17/12 re: supplemental information in support of defendants' second request for non-PLS documents. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(gr) |
| Filing 205 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for FHFA dated 12/14/12 re: defendants' second set of requests for non-PLS documents. (gr) |
| Filing 204 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/12/12 re: defendants' second set of requests for non-PLS documents. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(gr) |
| Filing 203 Letter addressed to Judge Cote from Edward Bennett dated 12/17/12 re: source metadata. (gr) |
| Filing 202 Letter addressed to Judge Cote from Philippe Selendy et al. for the plaintiff dated 12/12/12 re: source metadata. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr) |
| Filing 201 Letter addressed to Judge Cote from Edward Bennett for defendants dated 12/7/12 re: source metadata. (gr) |
| Filing 200 Letter addressed to Judge Cote from N. Mahmood Ahmad for defendants dated 12/13/12 re: documents bearing on defendants' discovery requests related to GSE originator audits. (gr) |
| Filing 199 Letter addressed to Judge Cote from Christine Chung and Manisha Sheth for the plaintiff dated 12/13/12 re: GSE originator audits. (gr) |
| Filing 198 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE originator audits. (gr) |
| Filing 197 Letter addressed to Judge Cote from Richard Schirtzer dated 12/13/12 re: GSE automated underwriting programs. (gr) |
| Filing 196 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE automated underwriting programs. (gr) |
| Filing 195 Letter addressed to Judge Cote from Penny Shane dated 12/14/12 re: submission of defendants in further support of 12/7/12 discovery requests. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr) |
| Filing 194 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung dated 12/13/12 re: plaintiff's response to defendants' 12/7/12 discovery requests. (gr) |
| Filing 193 Letter addressed to Judge Cote from Penny Shane dated 12/13/12 re: Supplemental exhibits in support of defendants' 12_7_12 discovery application. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit)(gr) |
| Filing 192 Letter addressed to Judge Cote from Penny Shane dated 12/7/2012 re: Defendants' single-family discovery requests. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(gr) |
| Filing 191 Letter addressed to Hon. Denise Cote from Steven M. Cady dated 11/27/2012 re: writing to provide the Court an update on Plaintiff's and Defendants' joint efforts to secure loan files and underwriting guidelines relating to loans in Plaintiffs' sample. (Attachments: #1 Exhibit Letter to Credit Rating Agency, #2 Exhibit Letter to Due Deligence Firm)(gr) |
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Filing 190
MEMO ENDORSEMENT ON ORDER ADMITTING RYAN T. SCARBOROUGH PRO HAC VICE: granting #185 Motion for Ryan T. Scarborough to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/17/2012) (mt)
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Filing 189
ORDER: #102720 granting #173 Motion for Reconsideration re #81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint. filed by Banc of America Funding Corporation, Bank of America, National Association, Bank of America Corporation, Banc of America Mortgage Securities, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Asset Backed Funding Corporation. Defendants December 5 motion for reconsideration is granted. The August 17 motion to dismiss is denied for the reasons stated herein and in the prior Opinions issued in this litigation.. (Signed by Judge Denise L. Cote on 12/18/12) (SAH) Modified on 12/27/2012 (jab).
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| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference held on 12/17/2012. (Court Reporters Sonia Huggins and Carol Ganley) (gr) |
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Filing 188
ORDER Corrected Order Regarding Deposition Protocol (Signed by Judge Denise L. Cote on 12/15/12) (SAH)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 12/14/2012. (Court Reporters Denise Williams and Toni Stanley) (gr) |
| Filing 187 MOTION for Philip A. Sechler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8061763. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Sechler, Philip) |
| Filing 186 MOTION for Stephen L. Urbanczyk to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8061732. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Urbanczyk, Stephen) |
| Filing 185 MOTION for Ryan T. Scarborough to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Scarborough, Ryan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #185 MOTION for Ryan T. Scarborough to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #186 MOTION for Stephen L. Urbanczyk to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8061732. Motion and supporting papers to be reviewed by Clerk's Office staff., #187 MOTION for Philip A. Sechler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8061763. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 184
ORDER: These cases having been referred to me to oversee settlementdiscussions, it is hereby ORDERED that a conference will be held toaddress the framework for these settlement discussions on Friday,January 11, 2013, at 2:00 PM in Courtroom 18D, United StatesCourthouse, 500 Pearl Street, New York, New York. ( Settlement Conference set for 1/11/2013 at 02:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 12/12/2012) (ago)
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Filing 183
ORDER It is hereby ORDERED that a conference will be held to address the issues raised in defendants' December 7 letters and any outstanding discovery issues on Friday, December 14 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that no later than 10:00 AM on Thursday, December 13, defendants may submit any underlying documents that support their applications and the plaintiff shall submit its responsive letters and any supporting materials. Any submissions must comply with Rule 2C of this Courts Individual Rules of Practice in Civil Cases. (Signed by Judge Denise L. Cote on 12/10/12) (SAH)
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| Filing 182 Submission addressed to Judge Cote from all defendants dated 11/19/12 re: schedule for loan file re-underwriting and expert discovery. (Attachments: #1 Text of Proposed Order)(gr) |
| Filing 181 Letter addressed to Judge Cote from FHFA dated 11/19/12 re: schedule for re-underwriting and expert discovery. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
| Filing 180 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/12 re: plaintiff's production of documents. (gr) |
| Filing 179 Letter addressed to Judge Denise Cote from FHFA dated 11/19/12 re: status of discovery. (Attachments: #1 Exhibit)(gr) |
| Filing 178 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/2012 re: defendants' proposals regarding deposition protocol. (gr) |
| Filing 177 Letter addressed to Judge Denise Cote from Philippe Selendy and others dated 11/19/2012 re: plaintiff's submission regarding deposition protocol. (Attachments: #1 Exhibit)(gr) |
| Filing 176 Letter addressed to Judge Denise Cote from all parties dated 11/19/12 Joint submission re deposition protocol. (Attachments: #1 Text of Proposed Order)(gr) |
| Filing 175 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ryan T. Scarborough to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8040011. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Scarborough, Ryan) Modified on 12/6/2012 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #175 MOTION for Ryan T. Scarborough to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8040011. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
| Filing 174 MEMORANDUM OF LAW in Support re: #173 MOTION for Reconsideration -- Notice of Defendants' Motion For Partial Reconsideration of the November 28, 2012 Order Denying Defendants' August 17, 2012 Motion To Dismiss.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Cady, Steven) |
| Filing 173 MOTION for Reconsideration -- Notice of Defendants' Motion For Partial Reconsideration of the November 28, 2012 Order Denying Defendants' August 17, 2012 Motion To Dismiss. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
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Filing 172
STIPULATION AND SCHEDULING ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties: The time for each Defendant to answer or respond to the operative Complaint, to the extent not dismissed, in each respective action shall be extended by thirty (30) days beyond the time otherwise applicable under the Federal Rules of Civil Procedure. (Signed by Judge Denise L. Cote on 12/3/2012) (rjm)
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Filing 171
OPINION & ORDER: The above captioned actions are part of a suite of sixteen cases currently before this Court in which the Federal Housing Finance Agency ("FHFA" or "the Agency"), as conservator for Fannie Mae and Freddie Mac (together, the "Government Sponsored Enterprises" or "GSEs"), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007. This Opinion addresses a joint motion by all defendants in fifteen actions to challenge the plaintiff's sampling methodology on the basis of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Accordingly, defendants' motion is denied. Defendants' October 26 motion to exclude is denied. (See Opinion & Order) (Signed by Judge Denise L. Cote on 12/3/2012) (ja)
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Filing 170
ORDER denying #81 Motion to Dismiss. Accordingly, it is hereby ORDERED that defendants' August 17 motion to dismiss is denied. SO ORDERED. (Signed by Judge Denise L. Cote on 11/28/2012) (ama)
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| Filing 169 NOTICE OF APPEARANCE by Grace Catherine Wen on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt (Wen, Grace) |
| Filing 168 NOTICE OF APPEARANCE by Matthew McPherson Balf Riccardi on behalf of George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt (Riccardi, Matthew) |
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Filing 167
ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants"). During the November 15, 2012 Conference in the SDNY Actions, and as previously indicated by the Court in the SDNY Actions in its May 15, 2012 order and at the June 13, 2012 hearing, the Court provided as follows with respect to oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), to be taken in the Actions as set forth herein. (Signed by Judge Denise L. Cote on 11/27/2012) (djc)
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Filing 166
MEMORANDUM Attached to this Memorandum are blackline comparisons of the Courts November 26 Expert Scheduling Order with the parties respective submissions of November 19. These comparisons are provided as a courtesy to the parties and carry no controlling weight. Any issue related to the schedule or procedures for expert discovery in these cases is governed by the signed Order of November 26. (Signed by Judge Denise L. Cote on 11/27/12) (SAH)
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Filing 165
REVISED PRETRIAL SCHEDULING ORDER. The attached consolidated schedule shall govern the further conduct of pretrial proceedings in these cases. (Signed by Judge Denise L. Cote on 11/26/12) (SAH)
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Filing 164
ORDER regarding the schedule for expert discovery. (Signed by Judge Denise L. Cote on 11/26/12) (SAH)
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| Filing 163 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(gr) |
| Filing 162 Letter addressed to Judge Denise Cote from Jay B. Kasner dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: #1 Exhibit A)(gr) |
| Filing 161 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: the status of discovery in FHFA Actions since Nov. 6, 2012. (Attachments: #1 Exhibit A, #2 Exhibit B)(gr) |
| Filing 160 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) |
| Filing 159 Letter addressed to Judge Denise Cote from David Woll dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) |
| Filing 158 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: schedule governing loan reunderwriting and expert discovery. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(gr) |
| Filing 157 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: proposed deposition protocol. (gr) |
| Filing 156 Defendants November 14 Submission On Expert Discovery And Deposition Protocol (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
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Filing 155
JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF LOAN TAPE INFORMATION TO NON-PARTIES. Plaintiff and Defendants, by and through their counsel of record hereby agree that Plaintiff shall establish and maintain an FTP site through which each Loan File Custodian will have access to the information as further specified in this stipulation and order primarily derived from loan tapes produced by Defendants for loans at issue in the Actions: (i) the entity that originated the loan or possesses the loan files; (ii) the Action in which the loan is at issue; (iii) the securitization that includes the loan; (iv) the loan number(s) for the loan; (v) the origination date for the loan; and (vi) the state where the mortgaged property is located. This information is publicly available, generally known, and not confidential or sensitive ("Non-Confidential Loan Tape Information"), and as further set forth herein. (Signed by Judge Denise L. Cote on 11/19/2012) (rjm)
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Steven M. Cady to RE-FILE Document #154 Declaration in Support of Motion. NOTE: Re-File and attach the Declaration as the main document, not the exhibit. (ldi) |
| Filing 154 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - DECLARATION of Arnold Barnett, Ph.D in Support re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit 1)(Cady, Steven) Modified on 11/19/2012 (ldi). |
| Filing 153 DECLARATION of Lauren A. Moskowitz in Support re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cady, Steven) |
| Filing 152 REPLY MEMORANDUM OF LAW in Support re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Cady, Steven) |
| Filing 151 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: Fannie Mae custodians. (gr) |
| Filing 150 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: schedule for reunderwriting reports in non-UBS cases. (gr) |
| Filing 149 STATUS REPORT of defendants regarding new and pending applications. (Certain exhibits filed under seal.) (Attachments: #1 Declaration of Penny Shane, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit)(gr) |
| Filing 148 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others on behalf of plaintiff Federal Housing Finance Agency dated 11/5/12 re: defendants' proposed motion to compel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(gr) |
| Filing 147 Letter addressed to Judge Denise Cote from Penny Shane dated 11/5/12 re: Proposed motion to compel. (Attachments: #1 Proposed motion, #2 Memorandum in support, #3 Declaration of Penny Shane)(gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 11/15/2012. (Court Reporter Bridgett Lombardozzi) (gr) |
| Filing 146 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: the status of the parties meet-and-confer sessions since October 15, 2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(gr) |
| Filing 145 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: FHFA search terms and dates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
| Filing 144 Letter addressed to Judge Denise Cote from Edward Bennett dated 10/26/12 re: FHFA search terms and dates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(gr) |
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Filing 143
MEMORANDUM OPINION & ORDER denying discovery of privileged witness statements. (Signed by Judge Denise L. Cote on 11/9/12) (gr)
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| Filing 142 Letter addressed to Judge Denise Cote from Jon Corey dated 11/8/12 re: privileged witness interviews. Document filed by Federal Housing Finance Agency as Conservator For The Federal National Mortgage Association and The Federal Home Loan Mortgage Corporation.(gr) |
| Filing 141 Letter addressed to Judge Denise Cote from Amanda Davidoff dated 11/8/12 re: privileged witness interviews. Document filed by All Defendants. (Attachments: #1 Exhibit Filed under seal, #2 Exhibit)(gr) |
| Filing 140 Letter addressed to Judge Denise Cote from Jon Corey dated 11/6/12 re: privileged witness interviews. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(gr) |
| Filing 139 DECLARATION of Nicholas F. Joseph in Opposition re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Chung, Christine) |
| Filing 138 DECLARATION of Charles D. Cowan in Opposition re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Federal Housing Finance Agency. (Chung, Christine) |
| Filing 137 MEMORANDUM OF LAW in Opposition re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Federal Housing Finance Agency. (Chung, Christine) |
| Filing 136 REPLY MEMORANDUM OF LAW in Support re: #81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Cady, Steven) |
| Filing 135 Letter addressed to Judge Cote from Reginald R. Goeke dated 10/29/2012 re: response to the October 26, 2012 letter from FHFA. Document filed by Ally Financial Inc., GMAC Mortgage Group, Inc.(gr) |
| Filing 134 Letter addressed to Judge Cote from Kanchana Wangkeo Leung dated 10/26/2012 re: Request for appropriate relief against defendants AFL and GMACM. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(gr) |
| Filing 133 Letter addressed to Judge Cote from Philippe Selendy dated 11/5/2012 re: discovery disputes. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(gr) |
| Filing 132 Letter addressed to Judge Denise Cote from Steven M. Cady dated 11/8/12 re: Bank of America subpoenas. Document filed by Bank of America Corporation.(gr) |
| Filing 131 Letter addressed to Judge Denise Cote from Christine H. Chung dated 11/8/12 re: Bank of America subpoenas. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (gr) |
| Filing 130 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/5/12 re: Bank of America subpoenas. Document filed by Bank of America Corporation. (gr) |
| Filing 129 Letter addressed to Judge Denise Cote from Christine Chung dated 10/28/12 re: Bank of America subpoenas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(gr) |
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Filing 128
ORDER It is hereby ORDERED that FHFAs October 28 application is granted. The Bank of America defendants shall forthwith withdraw the subpoenas served on the SEC and Zuckerman Spaeder, LLP. (Signed by Judge Denise L. Cote on 11/9/12)(SAH)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference held on 11/6/2012. (Court Reporter Paula Speer) (gr) |
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Filing 127
JOINT STIPULATION AND ORDER Concerning Modification of Defendants' Rule 45 Subpoenas Duces Tecum of Non-Party Originators. (Signed by Judge Denise L. Cote on 11/6/12) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (SAH)
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Filing 126
JOINT ORDER regarding coordination with FHFA v. RBS, 3:11-cv-01383-AWT (D. Conn.) (Signed by Judge Denise L. Cote on 11/5/12, nunc pro tunc to 11/1/12) (SAH)
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Filing 125
SCHEDULING ORDER: It is hereby ORDERED that the conference will not be held over the telephone but will instead take place in-person tomorrow, November 6, at 2:00 PM in Courtroom 15B of the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 11/5/12)(SAH)
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| Filing 124 DECLARATION of Arnold Barnett, Ph.D. in Support re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Cady, Steven) |
| Filing 123 DECLARATION of Lauren A. Moskowitz in Support re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Cady, Steven) |
| Filing 122 MEMORANDUM OF LAW in Support re: #121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Cady, Steven) |
| Filing 121 MOTION Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 120 DECLARATION of Jordan Goldstein in Opposition re: #81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Chung, Christine) |
| Filing 119 MEMORANDUM OF LAW in Opposition re: #81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint.. Document filed by Federal Housing Finance Agency. (Chung, Christine) |
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Filing 118
ORDER It is hereby ORDERED that the Court will hold a conference to address any outstanding discovery disputes at 10:30 AM on October 30, 2012 (the October 30 Conference).IT IS FURTHERED ORDERED that no later than 10:00 AM on October 29, the parties shall submit any materials they wish the Court to consider in advance of the October 30 Conference.IT IS FURTHER ORDERED that after reviewing any submissions, the parties shall confer and make a recommendation to the Court no later than 4:30 PM on October 29 whether the October 30 Conference should be conducted in-person or telephonically. (Signed by Judge Denise L. Cote on 10/19/12) (SAH)
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| Filing 117 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/18/2012 re: Counsel for plaintiff Federal Housing Finance Agency ("FHFA")writes that, Certain Defendants have pointed out that, while the parties continue to meet and confer, Defendants in fact have not yet agreed to produce all testimony and related exhibits from their lists of relevant investigations and litigations, as may be suggested by the FHFA status report submitted earlier today. FHFA hereby corrects its report accordingly, and advises that it may need to raise this issue again at the next status conference. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) |
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Filing 116
ORDER As discussed at a conference with the parties on October 15, it is hereby ORDERED that no later than noon on Monday, October 22, the plaintiff and RBS shall jointly submit to this Court and the District Court in Connecticut a proposed coordination order that clearly indicates any areas of disagreement between the parties. (Signed by Judge Denise L. Cote on 10/18/12)(SAH)
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Filing 115
SCHEDULING ORDER: Motion for Summary Judgment in 11 Civ. 5201 due by 7/23/2013. Response due by 8/20/2013. Reply due by 8/30/2013. (Signed by Judge Denise L. Cote on 10/18/12)(SAH)
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Filing 114
ORDER It is hereby ORDERED that any defendant that intends to challenge the admissibility of the October 10 Report pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), shall so notify the plaintiff no later than October 19. IT IS FURTHER ORDERED that the following schedule shall govern the briefing of any motion to exclude the October 10 Report on Daubert grounds: Motion served by October 26, 2012. Opposition served by November 9, 2012. Reply served by November 16, 2012. IT IS FURTHER ORDERED that any defendant that fails to file a motion in accordance with the schedule provided by this Order will be deemed to have waived any Daubert objection that might fairly be asserted in response to the information contained in the October 10 report. (Signed by Judge Denise L. Cote on 10/18/12) (SAH)
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| Filing 113 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, Michael Hanin dated 10/18/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) in accordance with the Court's directive at the conference held on Monday, October 15, 2012, to submit this report regarding the meet-and-confer sessions held this week in the FHFA Actions. (rjm) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Conference held on 10/15/2012 to address discovery disputes. (Court Reporter Paula Speer) (gr) |
| Filing 112 STATUS REPORT. PLAINTIFF FHFA'S STATUS REPORT ON THIRD PARTY SUBPOENAS Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 111 Letter addressed to Judge Denise L. Cote from Adam M. Abensohn dated 10/15/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, regarding coordination of discovery in FHFA v. Royal Bank of Scotland PLC, et al., No. 3:11-cv-01383 (AWT), pending before Chief Judge Thompson in the District of Connecticut (the "RBS Action"), and the 16 FHFA actions pending before Judge Cote in the Southern District of New York (the "S.D.N.Y. Actions"). Document filed by The Federal Home Loan Mortgage Corporation.(ama) |
| Filing 110 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/15/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to request that the Court set a briefing schedule for any objections by Defendants (other than UBS) to the Expert Report of Charles D. Cowan, Ph.D. Regarding the Selection of Statistically Valid Random Samples for Fifteen FHFA Actions (the Second Cowan Report), which FHFA served on the relevant Defendants on October 10, 2012. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(ama) |
| Filing 109 STATUS REPORT. Defendants' Report on Loan File Production -- Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cady, Steven) |
| Filing 108 STATUS REPORT. Bank of America and Merrill Lynch Defendants Status Report Regarding Production of Loan Files -- Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 107 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: On behalf of defendants in the above-referenced actions (Defendants), we write to request that the Court's Order dated October 11, 2012 (the October 11 Order) be made to apply to all parties, rather than to Defendants alone. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, Ace Securities Corp., Ally Financial Inc., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., GMAC Mortgage Group, Inc., HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, John Voigtman, Todd White, Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt, Arnaud Denis, Deutsche Bank Securities Inc., Abner Figueroa, Orlando Figueroa, J.P. Morgan Securities LLC, SG Americas Securities Holdings, LLC, SG Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage Securities, LLC, Tony Tusi, First Franklin Financial Corp., Donald C. Han, Michael M. McGovern, Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Paul Park, Donald J. Puglisi, Brian T. Sullivan, Matthew Whalen, Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc., Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills, Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael Wade, Gerald L. Baker, Charles G. Burkett, Credit Suisse Securities (USA) LLC, FTN Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon National Corporation, First Tennessee Bank National Association, J.P. Morgan Securities, LLC, Peter F. Makowiecki, Merrill Lynch, Pierce Fenner & Smith Inc., UBS Securities LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Douglas K. Johnson, Juliana C. Johnson, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P. Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A. Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc., David Findlay, Nathan Gorin, N. Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit & Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura Securities International, Inc., Ally Securities, LLC, Citigroup Global Markets, Inc., GMAC-RFC Holding Company, LLC, Goldman, Sachs & Co., J.P. Morgan Securities LLC, Residential Accredit Loans, Inc., Residential Asset Mortgage Products, Inc., Residential Asset Securities Corporation, Residential Capital LLC, Residential Funding Company, LLC, UBS Securities LLC, Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Citigroup Global Markets, Inc., Christine E. Cole, Megan M. Davidson, Craig S. Davis, Art Den Heyer, Marangal I. Domingo, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, Troy A. Gotschall, Thomas Green, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith Johnson, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke, Alexander C. Frank, Howard Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital Holdings LLC, Craig S. Phillips, Saxon Asset Securities Company, Saxon Capital, Inc., Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.(ama) |
| Filing 106 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/12/2012 re: On behalf of the UBS Defendants in the above-referenced action, we write to correct a misrepresentation contained in Plaintiff's letter sent to the Court earlier today. Document filed by UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, UBS Securities LLC, UBS Securities LLC.(ama) |
| Filing 105 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/12/2012 re: We write on behalf of Plaintiff the Federal Housing Finance Agency (FHFA) in response to Defendants letter of yesterday, in which they ask this Court to apply its October 11 Order to FHFA. Document filed by Federal Housing Finance Agency.(ama) |
| Filing 104 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: Counsel writes on behalf of defendants in the twelve above- referenced actions ("Defendants"), we write in response to Plaintiffs letter dated October 9, 2012, seeking permission to brief "discovery issues on which FHFA and Defendants have reached or may reach an impasse," including two that are currently the subject of the parties' ongoing meet-and- confers: (1) electronic search terms and the specific time periods for which they would be applied; and (2) production of documents relating to other RMBS actions and investigations. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, Kevin Gasvoda, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp. et al.(pl) |
| Filing 103 Letter addressed to Judge Denise L. Cote from Beth A. Stewart dated 10/11/2012 re: Counsel for defendants writes on behalf of all defendants in response to FHFA's October 9, 2012 letter ("FHFA Ltr.") seeking a Rule 26(c) protective order precluding and a Rule 45 Order modifying, subpoenas served by Defendants o third-parties.. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks.(pl) |
| Filing 102 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, et al. dated 10/9/2012 re: Counsel for plaintiff to request an order that Defendants, who have served more than 550 subpoenas requesting loan files and other relevant materials, withdraw their demands that the subpoenaed parties also produce irrelevant documents pertaining to the single-family and multi-family businesses of the GSEs, including whole loan purchases and GSE securitizations. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) |
| Filing 101 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: Counsel for defendants write in response to FHFA's letter dated October 9, 2012, regarding "Loan File Production." Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc..(pl) |
| Filing 100 Letter addressed to Judge Denise L. Cote from counsel for Federal Housintg dated 10/9/2012 re: Loan File Production. counsel for plaintiff writes to respectfully request an order directing: (1) Defendants to identify the loan numbers for the loans that Defendants or their vendors reviewed as part of the due diligence they conducted when structuring the Securitizations (the "Due Diligence Samples") by October 15, 2012. Additional relief requested in the manner that is set forth in this Order. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) |
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Filing 99
IT IS HEREBY ORDERED that the telephone conference scheduled for October 11 is cancelled. IT IS FURTHER ORDERED that a conference to address the issues raised in the three sets of letters will be held on Monday, October 15 at 2:30 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the parties shall meet and confer regarding each of the issues raised in the letters prior to the October 15 conference. IT IS FURTHER ORDERED that no later than 10:00 AM on October 15, defendants shall e-mail to the Court and FHFA submissions as described herein. (Signed by Judge Denise L. Cote on 10/11/12)(SAH)
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| Filing 98 NOTICE of Expert Report Of Charles D. Cowan, Ph.D. Regarding The Selection Of Statistically Valid Random Samples Of Mortgage Loans for Fifteen FHFA Actions. Document filed by Federal Housing Finance Agency. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3 (part 1), #9 Exhibit 3 (part 2), #10 Exhibit 4)(Selendy, Philippe) |
| Filing 97 ENDORSED LETTER addressed to Hon. Denise Cote from Plaintiff Federal Housing Finance Agency dated 10/10/12 re: Request to file a single opposition brief, not to exceed 95 pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/10/12)(SAH) |
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Filing 96
ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED as follows: (1) Certain deadlines prescribed by the Scheduling Order shall be adjusted by 20 days (or the next business day thereafter), as follows: Status conference for all parties in all actions: November 15, 2012 at 2 p.m.; Depositions begin in all cases: January 22, 2013; All fact and expert discovery in the UBS Action must be completed: July 5, 2013; Deadline to file any summary judgment motions in the UBS Action: TBA; Opposition to summary judgment motions due in the UBS Action: TBA; Reply briefs in support of summary judgment motions due in the UBS Action: August 30, 2013. (2) All responses and objections to outstanding document requests shall be served by October 10, 2012; and (3) Plaintiff shall provide to Defendants its proposed sampling protocols for all actions for which it has not yet done so by October 10, 2012. ( Status Conference set for 11/15/2012 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/5/2012) (mro)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/4/2012. (Court Reporter Rose Prater) (gr) |
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Filing 95
SCHEDULING ORDER: On October 1, the Court of Appeals denied the motion of defendant UBS to stay proceedings in these coordinated cases pending resolution of UBSs appeal from this Courts May 4, 2012 Order. It is herebyORDERED that the June 14 Pretrial Scheduling Order is amended as follows: 10/11/12 -- Deadline for reply in Fraud Claim Cases; 10/19/12 -- Deadline for opposition in Non-Fraud Claim Cases; 11/9/12 -- Deadline for reply in Non-Fraud Claim Cases. (SAH)
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| Set/Reset Deadlines: Request for Production of Documents due by 9/30/2012. (pl) |
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Filing 94
ORDER: In an Opinion and Order of May 4, 2012, this Court denied the motion of UBS Americas and its affiliated entities to dismiss on timeliness grounds plaintiff's securities law claims in case number 11 Civ. 5201 (DLC) (the "UBS Matter"). On June 19, the Court certified the timeliness issue for interlocutory appeal pursuant to 28 U.S.C. 1292(b) (the "Certification Order"), and the Court of Appeals granted leave to appeal on August 14. The appeal will be heard no earlier than November 26, 2012. In the meantime, pursuant to this Court's June 14 Pretrial Scheduling Order, document production in the above-captioned cases is required to be substantially complete on September 30, 2012. Depositions are to begin in all cases in January 2013, and all fact and expert discovery in the UBS Matter must be concluded by June 14, 2013. Trial in the UBS Matter is scheduled to begin on January 13, 2014 at 9:30 a.m. In a letter dated August 17, 2012, UBS seeks, for the first time, a stay of proceedings until the Court of Appeals has resolved the interlocutory appeal in the UBS Matter. The application is made on behalf of not only UBS but also all of the other defendants in the other fifteen related actions filed by the FHFA that are pending before this Court. Together, they seek a stay of all proceedings except for the briefing on the motions to dismiss in the fifteen related actions, or in the alternative, a stay of proceedings except for certain document discovery and the motions to dismiss. The defendants have not shown that their applications for a partial stay should be granted. To grant a stay at this point in the litigation would derail the efforts undertaken to date by the Court and the parties and severely impact opportunities for settlement or coordinated resolution of these cases. A stay of all sixteen actions is even less warranted. Accordingly, it is hereby ORDERED that the defendants' August 17 application for a stay pending appeal is denied. (Signed by Judge Denise L. Cote on 9/4/2012) (pl)
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Filing 93
ORDER: that the parties shall continue to meet and confer at least every two weeks regarding the status of loan-file production. IT IS FURTHER ORDERED that upon identifying any issue with regard to loan-file production that would benefit from the Court's attention, any party may raise that issue with the Court in a letter of no longer than two pages. (Signed by Judge Denise L. Cote on 9/4/2012) (pl)
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| Filing 92 DECLARATION of Penny Shane in Support re: #91 Status Report,. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cady, Steven) |
| Filing 91 STATUS REPORT. Defendants' Coordinated Report on Loan Production -- Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 90 STATUS REPORT. FHFA Loan File Status Report Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Chung, Christine) |
| Filing 89 STATUS REPORT. Bank of America and Merrill Lynch Defendants Status Report Regarding Production of Loan Files -- Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 88 Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 8/14/2012 re: Counsel writes to request a conference at which Merrill Lynch will seek leave to file a motion for reconsideration. Document filed by Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.(ft) |
| Filing 87 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Michael Hanin dated 8/15/2012 re: Counsel writes on behalf of FHFA in response to Merrill Lynchs August 14 letter, which attempts to reargue the Courts determinations regarding its document demands directed at the GSEs Single and Multi-Family businesses. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(ft) |
| Filing 86 Letter addressed to Judge Denise L. Cote dated 8/15/2012 re: Counsel for the defendants write concerning the August 14, 2012 letter submitted by Merrill Lynch & Co. concerning its proposed Motion for Reconsideration. This letter was submitted by Penny Shane, Sharon L. Nelles, Jonathan M. Sedlak, Thomas C. Rice, David J. Woll, Alan C. Turner, David H. Braff, Brian T. Frawley, Jeffrey T. Scott, Joshua Fritsch, Richard W. Clary, Michael T. Reynolds, Richard H. Klapper, Theodore Edelman, Michael T. Tomaino, Jr., Richard A. Spehr, Michael O. Ware, Jay B. Kasner, Thomas J. Nolan, Scott Musoff, Robert A. Fumerton, James P. Rouhandeh, Brian S. Weinstein, Daniel L. Schwartz, Nicholas N. George, Jane M. Morril, Thomas C. Rice, David J. Woll, Alan Turner, Greg A. Danilow, Vernon Broderick, Brad S. Karp, Susanna M. Buergel, Bruce Clark, and George Zimmerman. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Arnaud Denis, Abner Figueroa, Orlando Figueroa, SG Americas Securities Holdings, LLC, SG Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage Securities, LLC, Tony Tusi, Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc., Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills, Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael Wade, Gerald L. Baker, Charles G. Burkett, FTN Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon National Corporation, First Tennessee Bank National Association, Peter F. Makowiecki, Thomas J. Wageman, Ace Securities Corp., DB Structured Products, Inc., Deutsche Bank AG, Deutsche Bank Securities Inc., Mortgageit Securities Corp., Taunus Corporation, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P. Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A. Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, David Findlay, Nathan Gorin, N. Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit & Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura Securities International, Inc., Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, Goldman, Sachs & Co., J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Alexander C. Frank, Howard Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital Holdings LLC, Craig S. Phillips, RBS Securities, Inc., Saxon Asset Securities Company, Saxon Capital, Inc., Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.(ft) |
| Filing 85 NOTICE OF APPEARANCE by Scott Kurtis McCulloch on behalf of Federal Housing Finance Agency (McCulloch, Scott) |
| Filing 84 NOTICE OF APPEARANCE by Eric Brendan Bruce on behalf of Federal Housing Finance Agency (Bruce, Eric) |
| Filing 83 DECLARATION of John McNichols in Support re: #81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibits 1 through 23, #2 Exhibits A through T)(Cady, Steven) |
| Filing 82 MEMORANDUM OF LAW in Support re: #81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Cady, Steven) |
| Filing 81 MOTION to Dismiss -- Motion To Dismiss the Amended Complaint. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 80 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/10/2012 re: We write on behalf of Defendants to address the three-page letter to the Court Plaintiff filed at 11:58 pm on August 9, concerning the effort to collect loan files from third parties. Because Plaintiff's midnight letter disregards this Court's two-page limit and the parties' practice of submitting to the Court simultaneously, and because it invites the Court to rule based on numerous inaccuracies, Defendants respectfully request that the Court consider the following facts as further set forth in this letter. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Federal Housing Finance Agency, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt.(tro) |
| Filing 79 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/9/2012 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to the Court's direction that the parties provide a status update and proposed orders to facilitate the third party production of loan files and suggest ways of moving loan file production forward in the upcoming weeks. Document filed by Federal Housing Finance Agency.(tro) |
| Filing 78 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/9/2012 re: We write on behalf of Defendants in response to the Court's direction at the July 31, 2012 conference that the parties provide a status report and proposed orders with respect to loan file production by third parties. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt.(lmb) |
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Filing 77
ORDER governing Loan File discovery and party exchange of information. By noon on 8/29/12, the parties shall file reports comprehensively setting forth the status of production of all loan files. There will be a telephone conference to address any outstanding production issues on 8/30/12 at 3:00 PM.(Signed by Judge Denise L. Cote on 8/10/12)(SAH)
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| Filing 76 PLAINTIFFS JULY 30 AND JULY 31 SUBMISSION TO THE COURT REGARDING DOCUMENT RETENTION. That for the reasons that are set forth in this Order, FHFA respectfully requests that the Court reject defendants request for additional designees or for additional time on these topics. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(pl) |
| Filing 75 Letter addressed to Judge Denise L. Cote from David J. Woll dated 7/31/2012 Counsel for Defendants writes re: DEFENDANTS JULY 31 SUBMISSION REGARDING DOCUMENT RETENTION: Defendants respectfully submit this response to Plaintiff's July 30 letter concerning the Rule 30(b)(6) testimony on document retention issues provided by Plaintiff to date. That letter fails to answer the fundamental question whether Freddie Mac still possesses relevant emails for some or all of its document custodians or, instead, whether they have been permanently deleted as a result of a 30-day automatic deletion protocol (the "Protocol"). Plaintiff first disclosed the Protocol to Defendants the week of June 25, stating that (i) the Protocol was in place from 2004 to September 2008, (ii) pursuant to the Protocol all emails that employees did not affirmatively save were "overwritten" after 30 days, and (iii) any emails affirmatively saved by an employee would have been discarded if that employee left Freddie Mac prior to September 2008. Particularly given the inconsistencies that are set forth in this letter, Defendants take little comfort from Plaintiffs statement made for the first time yesterday that it "has significant amounts of electronic information, including e-mail, for the relevant time period" for 38 of the 51 Freddie Mac custodians it proposes. Plaintiff still has not informed Defendants whether large portions of potentially relevant emails have been destroyed or for which custodians and over what time periods such gaps may exist. Plaintiff claims that the recent addition of 43 custodians should "ameliorate any concern about missing electronic information," but that is hardly the case, since many of these are Fannie Mae custodians and Defendants do not know what, if any, electronic information exists for the additional Freddie Mac custodians. If Plaintiff needs more time to answer the question, then a timetable should be established. But Plaintiff should not be permitted to ignore repeated requests and narrowly parse deposition topics to avoid answering the question until the document discovery deadline has passed. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt.(pl) |
| Filing 74 DEFENDANTS SUMMISSION FOR JULY 31, 2012 HEARING: Plaintiff has attempted to prevent discovery of relevant information, including through its refusal to testify about most topics in Defendants June 28 Rule 30(b)(6) notice (the Notice). Despite having agreed to early Rule 30(b)(6) depositions for the purpose of identifying appropriate ESI custodians (see June 7 Rule 26(f) Report at 6) and despite the absence of burden, Plaintiff indicated that it would seek a protective order rather than provide even the identities of certain individuals and the responsibility of groups other than the "private label" or "non-agency" departments of the GSEs (collectively, "PLS") with knowledge concerning, inter alia, the same loan originators (the "Originators") involved in the securitizations at issue (the "Securitizations"). Similarly, Plaintiff refuses to respond to Defendants Interrogatory No. 3, which seeks the identity of employees responsible for the GSEs direct relationships and dealings with the Originators. Accordingly, Defendants respectfully request that the Court compel Plaintiff to testify as to each of the topics contained on Defendants Notice; identify personnel responsible for dealings and relationships with Originators, in response to Interrogatory No. 3; and produce documents and information relating to GSE institutional knowledge. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt. (Attachments: #1 Supplement Submission Part 2, #2 Supplement Submission Part 3)(pl) |
| Filing 73 PLAINTIFF'S JULY 30, 2012 SUBMISSION TO THE COURT REGARDING DEFENDANTS' CUSTODIAN REQUESTS: We write in response to Defendants demands for overly broad and irrelevant discovery untethered to the materials used by the GSE personnel actually responsible for entering into the transactions at issue. FHFA is producing all responsive, non-privileged documents to the extent they reflect the GSEs knowledge of facts regarding the specific Securitizations at issue, or relate to the purchase or evaluation of such Securitizations, and has designated every custodian who would likely have such documents. The Court should therefore reject Defendants overreaching demands. Document filed by Federal Housing Finance Agency.(pl) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 7/31/2012. (Court Reporters Sonia Huggins and Tom Murray) (gr) |
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Filing 72
ORDER: ORDERED that a conference will be held to address these and any other outstanding discovery issues on July 31, 2012 at 3:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 7/31/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/24/2012) (ama)
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| Filing 71 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Jay B. Kasner dated 7/18/2012 re: On behalf of all parties to the above-referenced Actions, and pursuant to Local Civil Rule 37.2 and Section 2(C) of this Court's Individual Practices, we write to (i) update the Court on a dispute the parties have over the proper scope of a Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff that was noticed by Defendants on June 28, 2012, and (ii) respectfully request that the Court enter an agreed-upon briefing schedule for Plaintiff's anticipated Motion for a Protective Order on this subject. (rjm) Modified on 7/20/2012 (rjm). |
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Filing 70
ORDERED that the Court will hold a telephone conference to discuss these matters today, July 19, at 4:00 PM. Parties wishing to participate in the call should contact liaison counsel for the plaintiff or the defendants. (Telephone Conference set for 7/19/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/19/2012) (djc)
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Filing 69
STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, and as further provisions set forth in this order. (Signed by Judge Denise L. Cote on 7/18/2012) (rjm)
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Filing 68
ORDER granting #67 Motion for John M. McNichols to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/12/2012) (ama)
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| Filing 67 MOTION for John M. McNichols to Appear Pro Hac Vice. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.(pgu) (pgu). |
| CASHIERS OFFICE REMARK on #67 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 07/11/2012, Receipt Number 1043316. (jd) |
| Filing 66 AMENDED COMPLAINT amending #1 Complaint, against Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt with JURY DEMAND.Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. Related document: #1 Complaint,, filed by Federal Housing Finance Agency. (Attachments: #1 Appendix)(djc) |
| Filing 65 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jay Kasner, Manisha Sheth, Adam Absensohn, Christine Chung and Michael Hanin dated 6/21/2012 re: Counsel writes on behalf of all parties to the above-captioned actions to update the Court on the parties' discussions regarding electronic discovery and to respectfully request a seven-day adjournment, from June 25, 2012 to July 2, 2012, of the date by which the parties must report any agreement or remaining disagreements to the Court. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/22/2012) (jfe) |
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Filing 64
SCHEDULING ORDER: Plaintiff was required to have filed amended pleadings in the "Fraud Claim Casesn: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC}, 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC. Deadline to amend the pleadings in the "Non-Fraud Claim Cases": 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11 Civ. 6200 (DLC), 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ. 7048 (DLC). Any motion to dismiss in Fraud Claim Cases due by 7/13/12. Opposition due by 9/7/12. Any reply due by 9/28/12. Any motion to dismiss in Non-Fraud Claim Cases due by 8/17/2012. Opposition due by 10/5/12. Any reply due by 10/26/12. Document production in all cases must be substantially complete by 9/30/12. There will be a status conference for all parties in all actions at 10:30 a.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York on 11/9/12. Depositions begin in all cases by 1/2/13. All fact and expert discovery must be completed by 6/14/13. Deadline to file any summary judgment motion in UBS by 7/12/13. Opposition due by 8/9/13. Any reply due by 8/30/13. All fact and expert must be completed by 12/6/13. The Joint Pretrial Order must be filed in UBS by 12/6/13 in the manner that is set forth in this Order. Opposition to any motion in limine due by 12/13/13. Any reply due by 12/20/13. The trial in UBS will begin at 9:30 a.m. on 1/13/14. Deadline to file any summary judgment motion in cases other than UBS by 1/24/14. Opposition due by 3/21/14. Any reply due by 4/11/14. Joint Pretrial Orders must be filed in Tranche 2 cases: 11 Civ. 6188 ("Chase") and 11 Civ. 6202 ("Merrill") by 5/2/14. Opposition to any motion in limine due by 5/9/14. Any reply due by 5/16/14. Trials will begin in Chase and Merrill on 6/2/14. In the event Chase settles before trial, a Tranche 3 case will also go to trial on 6/2/14 or shortly thereafter. Joint Pretrial Orders must be filed in Tranche 3 cases: 11 Civ. 6192 ("Deutsche Bank"); 11 Civ. 6198 ("Goldman Sachs"); and 11 Civ. 6200 ("Credit Suisse") by 8/1/14. Opposition to any motion in limine due by 8/15/14. Any reply due by 8/22/14. Trials will begin in Deutsche Bank, Goldman Sachs and Credit Suisse by 9/29/14. Tranche 4 trials begin on 1/2015. Tranche 4 will contain all remaining cases that have not settled. Additional relief as set forth in this Order. (Signed by Judge Denise L. Cote on 6/14/2012) (pl) Modified on 6/15/2012 (pl).
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Filing 63
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Denise L. Cote on 6/14/2012) (pl)
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| Filing 62 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James C. Francis. Please note that this is a reassignment of the designation only. (pgu) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 6/13/2012. (Court Reporters Linda Fisher and Toni Stanley) (gr) |
| Filing 61 STATUS REPORT. -- Defendants' Supplemental Submission Regarding Certain Developments Bearing on the June 6, 2012 Rule 26(f) Joint Report. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A)(Cady, Steven) |
| Filing 60 Objection : The Individual Bank Of America And Merrill Lynch Defendants' Supplemental Submission And Objection Regarding Sampling Protocols. Document filed by George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Mark I. Ryan, Antoine Schetritt. (Binder, Neil) |
| Filing 59 STATUS REPORT. The Bank of America and Merrill Lynch Defendants Trial Scheduling Proposal Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 58 STATUS REPORT. Certain Defendants' Proposals For Case Management Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 57 STATUS REPORT. Defendants Submission Regarding Certain Matters Identified in the June 6, 2012 Rule 26(f) Joint Report Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cady, Steven) |
| Filing 56 STATUS REPORT. Defendants' Submission Regarding Sampling Protocols Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit 1 to Defendants Submission Regarding Sampling Protocols, #2 Barnett -- Declaration, #3 Barnett -- Appendix A, #4 Barnett -- Appendix B, #5 Barnett -- Exhibit 1a - 1h, #6 Barnett -- Exhibit 2, #7 Barnett -- Exhibit 3, #8 Barnett -- Exhibit 4 - 4a, #9 James -- Declaration, #10 James -- Appendix A, #11 James -- Appendix B, #12 James -- Appendix C, #13 James -- Exhibit 1, #14 James -- Exhibit 2)(Cady, Steven) |
| Filing 55 STATUS REPORT. FHFA Supplemental Submission in Support of its Proposed Sampling Protocol. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Chung, Christine) |
| Filing 54 STATUS REPORT. Rule 26(f) Report. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1)(Chung, Christine) |
| Filing 53 STATUS REPORT. Joint Rule 26(f) Report. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
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Filing 52
STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Denise L. Cote on 5/30/2012) (ama)
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Filing 51
ORDER: The plaintiff's proposed schedule is adopted. Amended pleading shall be filed in the following cases by June 13, 2012: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC), 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC). By June 28, 2012, plaintiff shall file amended pleadings in the remaining cases: 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11Civ. 6200 (DLC) 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ.7048 (DLC). A conference for all parties in all actions on June 13, 2012 at 3:00 p.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 6/13/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Sidney H. Stein on 5/25/2012) (jar)
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Filing 50
ORDER. It is hereby Ordered that Highly Confidential Material may be disclosed to an unlimited number of FHFA employees within one of the five FHFA divisions identified in the plaintiff's proposed protective order, provided that disclosure to such individuals is necessary for the prosecution of one or more of these actions, and as further set forth. (Signed by Judge Sidney H. Stein on 5/25/2012) (rjm)
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| Set/Reset Deadlines: Amended Pleadings due by 6/28/2012. (jar) |
| Filing 49 STATUS REPORT. PLAINTIFFS SUBMISSION REGARDING THE PROPOSED PROTECTIVE ORDER TO BE ENTERED IN THE ACTIONS Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chung, Christine) |
| Filing 48 STATUS REPORT. Defendants' Request For Clarification Regarding the Court's Prior Rulings as to the Protective Order Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cady, Steven) |
| Filing 47 STATUS REPORT. PLAINTIFFS PROPOSED SCHEDULE TO AMEND COMPLAINTS Document filed by Federal Housing Finance Agency.(Chung, Christine) |
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Filing 46
ORDER: that the defendants in 11 cv 5201 shall answer by 6/22/2012, see document for other deadlines and information. The finalized protective order shall be presented for approval of the Court by 5/25/2012. EACH CASE WILL BE SEPARATELY TRIED. The first tranche will include one case: 5201. The remaining cases will be divided among the three remaining tranches. Any summary judgment motion in 5201 will be fully submitted by May 17, 2013; its pretrial order will be due August 2, 2013. 5201 will be tried during the Fall of 2013. The pretrial orders for the remaining tranches will be filed December 6, 2013; May 2, 2014; and August 1, 2014. At a conference on either 6/13 or 14, a schedule for this litigation will be adopted. Accordingly, by 6/6/2012, the parties shall e-mail submissions tot he Court not exceeding 10 pages that contain their proposals for the scheduling and conduct of discovery in and trial of the 16 cases, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/15/2012) (cd)
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| Filing 45 MEMO ENDORSED granting #43 Motion for Beth A Stewart to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 5/15/2012) (cd) |
| CASHIERS OFFICE REMARK on #43 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 05/11/2012, Receipt Number 1038070. (jd) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Scheduling Conference held on 5/14/2012. (Court Reporter Linda Fisher) (Landers, Rigoberto) |
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Filing 44
ORDER: that, with respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: CoteNYSDChambersnysd.uscourts.gov. A copy shall simultaneously be delivered to all counsel. Thesubject line of the e-mail shall include only the lead party names and docket number. Example: FHFA -v- UBS 11 cv 5201 (DLC). No text should be included in the body of the e-mail. Copies of correspondence between counsel shall not be sent to the Court, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/14/2012) (cd)
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| Filing 43 MOTION for Beth A. Stewart to Appear Pro Hac Vice. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.(pgu) |
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Filing 42
ORDER: that defendants in each of the above captioned cases shall promptly provide the plaintiff with the final closing loan tapes provided to Trustees and loan-level originator information for each of the securitizations at issue. IT IS FURTHER ORDERED that at the May 14 conference, defense counsel in case number 11 Civ. 5201 (DLC) should be prepared to outline what sampling protocol, if any, UBS Securities or its agents used in conducting a due-diligence review of the loans included in the securitizations for which it served as underwriter. (Signed by Judge Denise L. Cote on 5/8/2012) (tro)
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Filing 41
ORDER: In an Opinion and Order of May 4, 2012, the Court granted in part the UBS defendants' January 20 motion to dismiss the Second Amended Complaint in case number 11 Civ. 5201 (DLC). It is hereby ORDERED that there will be a conference for all parties in all actions on May 14, 2012 at 3:00p.m. ( Status Conference set for 5/14/2012 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2012) (pl)
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| Filing 40 NOTICE of Defendants Separate Submission Regarding the Parties Proposed Protective Orders. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cady, Steven) |
| Filing 39 STATUS REPORT. PLAINTIFFS PROPOSAL REGARDING THE STIPULATED PROTECTIVE ORDER TO BE ENTERED IN THE ACTIONS Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chung, Christine) |
| Filing 38 RESPONSE re: #37 Status Report. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cady, Steven) |
| Filing 37 STATUS REPORT. Plaintiff FHFA's Proposed Sampling Protocol Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 36 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillippe Z. Selendy dated 2/15/12 re: Counsel for the Plaintiff Federal Housing Finance Agency (FHFA) requests a brief adjournment to 2/29/12 to permit it to work with its sampling expert to develop a meaningful proposal. Defendants informed FHFA that they consent to this request provided that Defendants be afforded until 3/14/12 to make their submission to the Court, to which FHFA agreed. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/16/2012) (mro) |
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Filing 35
ORDER: Within seven days of the Court's ruling on the motion to dismiss in Federal Housing Finance Agency v. UBS Americas, Inc., et al., 10 Civ. 5201, any defendant who believes that a continuation of the discovery stay is appropriate in its particular case shall submit a letter-brief of no more than five pages setting forth the reasons for which the stay should be continued. In each case in which such a letter-brief is filed, the stay shall be continued until the Court has acted on the application. IT IS FURTHER ORDERED that the plaintiff's application for permission to serve initial document requests is granted. The deadline for responding to these requests will be discussed at any Rule 26(f) conference that may follow a decision on the motion to dismiss. IT IS FURTHER ORDERED that the plaintiff's application for an order directing the parties to exchange proposed custodian and search term lists during the pendency of the discovery stay is denied. IT IS FURTHER ORDERED that in the event the parties do not agree on a protocol for the sampling of loan files, the plaintiff shall submit its proposed protocol by February 20, 2012, and the defendants shall submit their proposed protocol by February 24, 2012. (Signed by Judge Denise L. Cote on 2/6/2012) (ft)
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| Filing 34 STIPULATION REGARDING ELECTRONIC DISCOVERY: that the following specifications shall govern electronic discovery in each of the above captioned actions, pursuant to the provisions of FRCP 34 permitting parties to specify the form or forms in which electronically stored information is to be produced, and as further set forth in this document. (Signed by Judge Denise L. Cote on 2/6/2012) (cd) |
| Filing 33 STATUS REPORT. Defendants Report Regarding Certain Case Management Issues Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Cady, Steven) |
| Filing 32 STATUS REPORT. PLAINTIFF FHFA'S PROPOSAL FOR CERTAIN CASE MANAGEMENT ISSUES Document filed by Federal Housing Finance Agency.(Chung, Christine) |
| Filing 31 STATUS REPORT. JOINT REPORT REGARDING CERTAIN CASE MANAGEMENT ISSUES Document filed by Federal Housing Finance Agency.(Chung, Christine) |
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Filing 30
ORDER: As set forth at the pretrial conference held on December 2, 2011, it is hereby ORDERED that Mr. Philippe Zuard Selendy of Quinn Emanuel Urquhart Oliver & Hedges shall serve as liaison counsel for plaintiffs in the above-captioned actions, and shall ensure that all plaintiffs' attorneys in these actions receive notice of Court Orders. IT IS FURTHER ORDERED that Mr. Jay B. Kasner of Skadden, Arps, Slate, Meagher & Flom LLP shall serve as liaison counsel for defendants in the above-captioned actions, and shall ensure that all defense attorneys in these actions receive notice Court Orders. IT IS FURTHER ORDERED that deliveries requiring immediate attention shall be delivered to Chambers by hand delivery to the Courthouse entrance located on Worth Street. Counsel or courier shall inform the Court Security Officers that the delivery is for immediate pickup and shall call Chambers or request Court Security Officers to call Chambers. (Signed by Judge Denise L. Cote on 12/16/2011) (mro)
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| Filing 29 MEMO ENDORSEMENT granting #28 Motion for Edward J. Bennett to Appear Pro Hac Vice: Granted. (Signed by Judge Denise L. Cote on 12/13/2011) (lmb) |
| CASHIERS OFFICE REMARK on #28 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 12/08/2011, Receipt Number 1023967. (jd) |
| Filing 28 MOTION for Edward J. Bennett to Appear Pro Hac Vice. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(bwa) |
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Filing 27
ORDER: In 11-Civ-5201, plaintiffs shall file any amended complaint by December 21, 2011. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by January 6, 2012. Defendants' reply, if any, shall be served by January 27. In 11-Civ-6188, the defendants shall file any motion to dismiss the plaintiffs' complaint by January 6, 2012. The plaintiffs shall file any amended complaint by January 27, 2012. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by February 3, 2012. Defendants' reply, if any, shall be served by February 17, 2012. The parties in all of the cases in the caption above shall submit by January 10, 2012, a joint report, or if necessary separate reports from plaintiffs and from defendants, on the sequencing of discovery, protective orders/ e-discovery, the sampling of loan files, limits on depositions, and the time frames regarding document production, depositions, and expert discovery. (Signed by Judge Denise L. Cote on 12/5/2011) (jar)
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| Filing 26 NOTICE OF APPEARANCE by Neil Stephen Binder on behalf of George C. Carp, George E. Ellison, Daniel B. Goodwin, Mark I. Ryan (Binder, Neil) |
| Filing 25 NOTICE OF APPEARANCE by Daniel C Zinman on behalf of George C. Carp, George E. Ellison, Daniel B. Goodwin, Mark I. Ryan (Zinman, Daniel) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 12/2/2011. (mro) |
| CASHIERS OFFICE REMARK on #21 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 11/16/2011, Receipt Number 1021915. (jd) |
| Filing 24 MEMO ENDORSEMENT on #21 MOTION for David S. Blatt to Appear Pro Hac Vice filed by Banc of America Funding Corporation, Bank of America, National Association, Bank of America Corporation, Banc of America Mortgage Securities, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Asset Backed Funding Corporation. Granted. (Signed by Judge Denise L. Cote on 11/29/2011) (ft) |
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Filing 23
ORDER granting #21 Motion for David S. Blatt to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 11/21/2011) (ama)
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| Filing 22 NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge John F. Keenan is no longer assigned to the case. (pgu) |
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Filing 20
ORDER: It is hereby ORDERED that the time to answer or to move to dismiss the complaint in all actions is stayed, with the exception of the action with docket number 11 Civ. 5201 (the "5201 Action"). The motion to dismiss to be filed in the 5201 Action on December 2, 2011 ("December 2 Motion"), shall address any of the seven grounds identified on pages four and five of the Defendants' Proposal for the Efficient and Convenient Handling of These Cases as potential grounds for common dismissal motions applicable in that action. IT IS FURTHER ORDERED that there will be a conference for all parties in all actions on December 2, 2011 at 2:00p.m. At the conference, the Court will discuss with the parties, inter alia, the scheduling of motion practice and discovery in these actions, and a proposed schedule for any amendment of the complaint in the 5201 Action. Under that proposed schedule, any amended complaint in the 5201 Action in response to any argument made in the December 2 Motion shall be due on December 21, with no further opportunity to amend. If no amendment is made in the 5201 Action, then opposition to the December 2 Motion would be due January 6, 2012. Any reply would be due January 27. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or hand delivery to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007. ( Status Conference set for 12/2/2011 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/16/2011) (lmb)
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| Filing 21 MOTION for David S. Blatt to Appear Pro Hac Vice. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(bwa) (bwa). |
| Filing 19 NOTICE Please be advised that the conference schedules for 11/17/11 is hereby cancelled. (jfe) |
| Filing 18 CERTIFICATE OF SERVICE of Plaintiffs and Defendants Joint Report Pursuant to Paragraph 2 of the Courts September 16, 2011 Order, and Plaintiff FHFAs Proposal for the Efficient Administration of the Cases Pursuant to Paragraph 3 of the Courts September 16, 2011 Order served on Counsel for Adam D. Glassner, Antoine Schetritt, Juliana Johnson, Michael J. Kula, Robert Caruso, William L. Maxwell and Counsel for Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith, Inc., Daniel B. Goodwin, George C. Carp, Mark I. Ryan on 10-19-2011. Service was made by ECF. Document filed by Federal Housing Finance Agency. (Chung, Christine) |
| Filing 17 STATUS REPORT. Defendants Proposal for the Efficient and Convenient Handling of These Cases Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Daniel B. Goodwin, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan.(Cady, Steven) |
| Filing 16 STATUS REPORT. of Plaintiff FHFA for the Efficient Administration of the Cases Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Chung, Christine) |
| Filing 15 STATUS REPORT. Pursuant to Court's Orders dated 9/16/2011, et seq. Document filed by Federal Housing Finance Agency.(Chung, Christine) |
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Filing 14
STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between the plaintiff and defendants that the time for defendants, including those not currently represented by the undersigned counsel, to move to dismiss, answer or otherwise respond to the Complaint in this action is extended until december 2, 2011 (Signed by Judge John F. Keenan on 10/18/2011) (js)
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Filing 13
ORDER :With the consent of Judge Marrero, the order entered in these cases (other than 11 Civ. 7048) (VM) on September 16,2011 shall apply also to 11 Civ. 7048 (VM).SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/18/2011) (ama)
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| Filing 12 NOTICE OF APPEARANCE by Neil Stephen Binder on behalf of Robert Caruso, Adam D. Glassner, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Antoine Schetritt (Binder, Neil) |
| Filing 11 NOTICE OF APPEARANCE by Daniel C Zinman on behalf of Robert Caruso, Adam D. Glassner, Juliaana Johnson, Michael J. Kula, William L. Maxwell, Antoine Schetritt (Zinman, Daniel) |
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Filing 10
ORDER: With the consent of Judge Castel, the orders entered in these cases on September 16, 2011 and September 21,2011, shall apply also to 11 Civ. 6739 (PKC) (Signed by Judge Lewis A. Kaplan on 10/11/2011) (rdz)
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| Filing 9 NOTICE OF APPEARANCE by Steven M. Cady on behalf of Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Daniel B. Goodwin, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan (Cady, Steven) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation as Corporate Parent for Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc.. Document filed by Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith, Inc..(Hughes, Megan) |
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Filing 7
STIPULATION AND ORDER: The time for all Defendants to move to dismiss, answer or otherwise respond to the Complaint in this action is extended until 12/2/2011. All represented Defendants, through their undersigned counsel, have accepted service of the Complaint, that such service is now sufficient and complete, and any arguments challenging the sufficiency Of adequacy of such service have been waived. (Signed by Judge John F. Keenan on 10/4/2011) (ab)
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Filing 5
ORDER: With the consent of Judge Marrero, the order entered in these cases (other than 11 Civ. 5201) (VM)) on 9/16/2011 shall apply also to 11 Civ. 5201 (VM). (Signed by Judge Lewis A. Kaplan on 9/21/2011) (tro)
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Filing 6
ORDER: that by 10/19/2011, the parties shall submit a joint report briefly describing the respects in which these cases are similar and the respects in which they differ with special attention to such matters as the likelihood that they will raise common issues of law, common issues of fact, and conm1on issues with respect to discovery. By 10/19/2011, the parties shall submit a joint report or, if agreement cannot be reached, separate reports containing proposals for means by which the cases can most efficiently and conveniently be handled. This report or these reports shall include any proposals for the handling of motions to dismiss the complaints, or portions thereof, that may raise many common Issues. (Signed by Judge Lewis A. Kaplan on 9/16/2011) (ft) (ft).
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| Filing 4 NOTICE OF APPEARANCE by Julia Marie Guaragna on behalf of Federal Housing Finance Agency (Guaragna, Julia) |
| Filing 3 NOTICE OF APPEARANCE by Christine H. Chung on behalf of Federal Housing Finance Agency (Chung, Christine) |
| Filing 2 NOTICE OF PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 20-C on November 17, 2011 at 10:15 a.m., for a pretrial conference, for the purpose of discussing the status of this case. Please notify your adversary as to the date of this conference. ( Pretrial Conference set for 11/17/2011 at 10:15 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 9/6/2011) (mro) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Christine H. Chung and/or Julia Marie Guaragna for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, to: caseopenings@nysd.uscourts.gov. (tro) |
| Filing 1 COMPLAINT against Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt. (Filing Fee $ 350.00, Receipt Number 1015612)Document filed by Federal Housing Finance Agency.(tro) (Additional attachment(s) added on 9/6/2011: #1 Appendix A) (ama). Modified on 10/17/2011 (jar). |
| SUMMONS ISSUED as to Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, George D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt. (tro) |
| Case Designated ECF. (tro) |
| Magistrate Judge Theodore H. Katz is so designated. (tro) |
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