Mastr Adjustable Rate Mortgages Trust 2006-OA2 et al v. UBS Real Estate Securities Inc.
Plaintiff: U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages, Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-3 and Mastr Adjustable Rate Mortgages Trust 2007-1
Defendant: UBS Real Estate Securities Inc.
Special Master: Hon. Barbara S. Jones
Amicus Curiae: The Association of Mortgage Investors and Amherst Advisory & Management LLC
Intervenor Plaintiff: ESM Fund I, L. P., Alexander Bakal, David Visher and sandra visher
Case Number: 1:2012cv07322
Filed: September 28, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: P Kevin Castel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2020 Opinion or Order Filing 629 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE SUBJECT TO RETENTION OF JURISDICTION: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, that, pursuant to Federal Rule of Civil Procedure 4l(a)(l), this action shall be, and hereby is, dismissed with prejudice, with each party to bear its own costs, provided, however, that the Court shall retain jurisdiction over this action and the parties for purposes of enforcing the te1ms of the Agreement, including in the event the Trustee seeks entry of the Consent Judgment pursuant to Section 9 of the Agreement. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/29/2020) (jca)
April 3, 2020 Opinion or Order Filing 628 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) UBS Real Estate Securities Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Baldwin, Sean)
April 3, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Baldwin, Sean. RE-FILE Document No. #627 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned wet signature image) PDF. (tp)
April 2, 2020 Opinion or Order Filing 627 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) UBS Real Estate Securities Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Baldwin, Sean) Modified on 4/3/2020 (tp).
March 13, 2020 Opinion or Order Filing 626 JOINT LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated March 13, 2020 re: the Trustee's trust instruction proceeding before the Honorable Richard H. Kyle, Jr.. Document filed by UBS Real Estate Securities Inc...(Fumerton, Robert)
February 11, 2020 Opinion or Order Filing 625 NOTICE OF CHANGE OF ADDRESS by Lara A. Flath on behalf of UBS Real Estate Securities Inc.. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001, (Effective March 2, 2020)..(Flath, Lara)
January 9, 2020 Opinion or Order Filing 624 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated January 9, 2020 re: recent developments with respect to the Minnesota state court trust instruction proceeding. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Order Granting Petition To Approve Settlement)(Fumerton, Robert)
July 11, 2019 Opinion or Order Filing 623 JOINT LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated July 11, 2019 re: status report pursuant to the Court's April 1, 2019 request. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
July 10, 2019 Opinion or Order Filing 622 NOTICE OF CHANGE OF ADDRESS by Lara A Flath on behalf of UBS Real Estate Securities Inc.. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, NY, 10036, 212-735-3000. (Flath, Lara)
June 17, 2019 Opinion or Order Filing 621 SEALED DOCUMENT placed in vault.(rz)
May 30, 2019 Opinion or Order Filing 620 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated May 30, 2019 re: Response to May 28, 2019 Letter by David Visher and Alexander Bakal. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
May 30, 2019 Opinion or Order Filing 619 MEMO ENDORSEMENT on re: #618 Letter, filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. ENDORSEMENT: OK. Application Granted. (Signed by Judge P. Kevin Castel on 5/30/2019) (cf) Transmission to Sealed Records Clerk for processing.
May 30, 2019 Opinion or Order Filing 618 LETTER addressed to Judge P. Kevin Castel from Michael C. McCarthy dated May 30, 2019 re: May 28, 2019 Letter from BV Objectors. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Exhibit Protective Order)(McCarthy, Michael)
May 28, 2019 Opinion or Order Filing 617 LETTER addressed to Judge P. Kevin Castel from David Visher and Alexander Bakal, dated 5/28/19 re: Pro Se litigants Visher and Bakal write in response to UBS RESI's two letters dated 3/29/19 and 5/13/19, which updated the Court on the TIP proceedings and in which the aforementioned two litigants were mentioned; and these two litigants write that this $850 million dollar settlement is fair, although with a high volatility of outcomes for all parties involved; and that this uncertainty arises from whether or not Assured gets paid etc. Document filed by Alexander Bakal, David Visher.(sc) (Main Document 617 replaced on 6/3/2019) (sac). (Additional attachment(s) added on 6/3/2019: #1 Exhibit 1, #2 Exhibit 2) (sac).
May 13, 2019 Opinion or Order Filing 616 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated May 13, 2019 re: Recent developments with respect to the Minnesota state court Trust Instruction Proceeding. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
April 1, 2019 Filing 615 MEMO ENDORSEMENT on re: #613 Letter filed by UBS Real Estate Securities Inc. ENDORSEMENT: The parties shall file an updated status report if (a) there are any material changes in the trial schedule; and, (b) in any event, after July 8 and before July 12. (Signed by Judge P. Kevin Castel on 4/1/2019) (jwh)
April 1, 2019 Filing 614 MEMO ENDORSEMENT granting #611 Motion to Withdraw as Attorney. ENDORSEMENT: Motion Granted. (Attorney Paul Peter Hughes terminated.) (Signed by Judge P. Kevin Castel on 4/1/2019) (jwh)
March 29, 2019 Filing 613 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated March 29, 2019 re: Status of the Trust Instruction Proceedings. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
March 29, 2019 Filing 612 DECLARATION of Paul P. Hughes in Support re: #611 MOTION for Paul P. Hughes to Withdraw as Attorney for Plaintiff, U.S. Bank, National Association.. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Hughes, Paul)
March 29, 2019 Filing 611 MOTION for Paul P. Hughes to Withdraw as Attorney for Plaintiff, U.S. Bank, National Association. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(Hughes, Paul)
January 4, 2019 Filing 610 MEMO ENDORSEMENT on re: #609 Letter filed by Barbara S. Jones. ENDORSEMENT: Approved without objection. (Signed by Judge P. Kevin Castel on 1/4/2019) (jwh)
January 4, 2019 Filing 609 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated January 4, 2019 re: Master's request for approval of November 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
December 19, 2018 Opinion or Order Filing 608 MEMO ENDORSEMENT on re: #605 Letter, filed by UBS Real Estate Securities Inc. ENDORSEMENT: The Court thanks the parties and Judge Kyle. The parties are directed to advise the Court as to the status as of March 29, 2019. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/19/2018) (jca)
December 19, 2018 Filing 607 LETTER addressed to Judge P. Kevin Castel from Michael C. McCarthy dated 12/19/2018 re: Supplement to Update to the Court on Proceeding. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(McCarthy, Michael)
December 19, 2018 Filing 606 NOTICE OF APPEARANCE by Michael Charles McCarthy on behalf of U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (McCarthy, Michael)
December 18, 2018 Filing 605 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated December 18, 2018 re: Update on the Year-End Status of the TIP. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 December 12, 2018 Letter Order from the Honorable Judge Richard H. Kyle Jr.)(Fumerton, Robert)
October 25, 2018 Filing 604 MEMO ENDORSEMENT on re: #603 Letter filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2. ENDORSEMENT: Word that the Trustee had consented to a discovery schedule for approval of a settlement and one that ends in April 2019 is, frankly, unwelcome. If the agreement cannot be approved or disapproved in a timely fashion, perhaps litigating the case would be faster. Kindly update the Court as to the year-end status of the approval process. (Signed by Judge P. Kevin Castel on 10/25/2018) (jwh) Modified on 4/4/2019 (jwh).
October 12, 2018 Filing 603 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated October 12, 2018 re: Status update. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2.(Baldwin, Sean)
August 22, 2018 Filing 602 MEMO ENDORSEMENT on re: #601 Letter filed by Barbara S. Jones. ENDORSEMENT: Fees approved. (Signed by Judge P. Kevin Castel on 8/22/2018) (kgo)
August 14, 2018 Filing 601 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated August 14, 2018 re: Master's request for approval of July 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
July 26, 2018 Filing 600 MEMO ENDORSEMENT on re: #599 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, the fees and expenses are approved. (Signed by Judge P. Kevin Castel on 7/26/2018) (kgo)
July 24, 2018 Filing 599 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated July 24, 2018 re: Master's request for approval of June 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
July 16, 2018 Opinion or Order Filing 598 ORDER ON SETTLEMENT: The dates adopted by this Court in the Order of May 2, 2018 (Doc. 588) are stayed pending the hearing and determination of the trust instruction proceeding. The parties shall report to this Court on the status of the proceeding in 90 days. (Signed by Judge P. Kevin Castel on 7/16/2018) (kgo)
June 28, 2018 Opinion or Order Filing 597 ORDER: The date adopted by this Court in the Order of May 2, 2018 (Doc. 588) for the filing of a Report and Recommendation on certain damages issues is extended from June 29, 2018 to July 13, 2018. (Signed by Judge P. Kevin Castel on 6/28/2018) (tro)
June 26, 2018 Opinion or Order Filing 596 MEMO ENDORSEMENT on re: #595 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, the invoice is APPROVED. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/26/2018) (anc)
June 19, 2018 Filing 595 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated June 19, 2018 re: Master's request for approval of May 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
June 7, 2018 Opinion or Order Filing 594 ORDER: The date adopted by this Court in the Order of May 2, 2018 (Doc 588) for the filing of a Report and Recommendation on certain damages issues is extended from June 8, 2018 to June 29, 2018. (Signed by Judge P. Kevin Castel on 6/7/2018) (mro)
June 1, 2018 Opinion or Order Filing 593 ORDER: The date adopted by this Court in the Order of May 2, 2018 (Doc 588) for the filing of a Report and Recommendation on certain damages issues is extended from June 1, 2018 to June 8, 2018. (Signed by Judge P. Kevin Castel on 6/1/2018) (kgo) (Main Document 593 replaced on 6/4/2018) (kgo).
May 18, 2018 Opinion or Order Filing 592 MEMO ENDORSEMENT on re: #591 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, fees and expenses, are APPROVED. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/17/2018) (ne)
May 14, 2018 Filing 591 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated May 14, 2018 re: Master's request for approval of April 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
May 10, 2018 Opinion or Order Filing 590 ORDER denying #569 Motion to Intervene. The motion to intervene is DENIED. (Docket# 569.) The Clerk is directed to terminate the motion. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 5/10/2018) (cf)
May 3, 2018 Filing 589 STIPULATION REGARDING WITHDRAWAL OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. Steven M. Edwards, J. Matthew Hamann, Marlo A. Pecora and the law finn of Quinn Emanuel Urquhart & Sullivan, LLP hereby withdraw as counsel for Plaintiff in this case. 2. Selendy & Gay PLLC shall replace Quinn Emanuel Urquhart & Sullivan as counsel for Plaintiff in this case. 3. The client, U.S. Bank, National Association, solely in its capacity as Trustee, consents to the foregoing. Attorney Steven M. Edwards and Marlo A. Pecora terminated. (Signed by Judge P. Kevin Castel on 5/2/2018) (cf)
May 2, 2018 Opinion or Order Filing 588 MEMO ENDORSEMENT on re: #587 Letter filed by Barbara S. Jones. ENDORSEMENT: The schedule recommended by the Master is adopted as an Order of this Court. (Signed by Judge P. Kevin Castel on 5/2/2018) (cf)
May 2, 2018 Filing 587 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated May 2, 2018 re: schedule for the further conduct of this case. Document filed by Barbara S. Jones.(Jones, Barbara)
April 18, 2018 Filing 586 MEMO ENDORSEMENT on re: #585 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, approved. (Signed by Judge P. Kevin Castel on 4/18/2018) (jwh)
April 17, 2018 Filing 585 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated April 17, 2018 re: Master's request for approval of March 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
March 27, 2018 Filing 584 MEMO ENDORSEMENT on re: #583 Letter filed by Barbara S. Jones. ENDORSEMENT: Approved without opposition. (Signed by Judge P. Kevin Castel on 3/26/2018) (cf)
March 26, 2018 Filing 583 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated March 26, 2018 re: Master's request for approval of February 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
March 15, 2018 Filing 582 DECLARATION OF DAVID VISHER IN SUPPORT OF REPLY TO OPPOSITIONS TO MOTIOIN TO INTERVENE; re: #581 Reply Memorandum of Law. Document filed by David Visher, sandra visher. (sc)
March 15, 2018 Filing 581 REPLY MEMORANDUM OF LAW IN REPLY TO OPPOSITIONS TO MOTION OF CERTIFICATEHOLDERS DAVID & SANDRA VISHER FOR LEAVE TO INTERVENE AS PLAINTIFFS; re: #579 Declaration in Opposition to Motion, #578 Memorandum of Law in Opposition to Motion, #580 Memorandum of Law in Opposition to Motion. Document filed by David Visher, Sandra Visher. (Attachments: #1 main document)(sc)
March 6, 2018 Filing 580 MEMORANDUM OF LAW in Opposition re: #569 MOTION to Intervene. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
March 6, 2018 Filing 579 DECLARATION of Margaret M. England in Opposition re: #569 MOTION to Intervene.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Exhibit A)(England, Margaret)
March 6, 2018 Filing 578 MEMORANDUM OF LAW in Opposition re: #569 MOTION to Intervene. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (England, Margaret)
March 6, 2018 Filing 577 NOTICE OF APPEARANCE by Margaret Marie England on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (England, Margaret)
February 21, 2018 Filing 576 MEMO ENDORSEMENT on re: #575 Letter filed by Barbara S. Jones. ENDORSEMENT: Fees approved. (Signed by Judge P. Kevin Castel on 2/21/2018) (jwh)
February 21, 2018 Filing 575 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated February 21, 2018 re: Master's request for approval of January 2018 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
February 20, 2018 Opinion or Order Filing 574 MEMO ENDORSEMENT on re: #573 Letter filed by UBS Real Estate Securities Inc., #572 Response in Opposition to Motion,, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages, Mastr Adjustable Rate Mortgages Trust 2007-3, Set Deadlines/Hearing as to #573 Letter, #572 Response in Opposition to Motion,, #569 MOTION to Intervene. ENDORSEMENT: The Trustee (Doc 572) and UBS (Doc. 573) may respond to the motion on March 6, 2018. So Ordered.( Responses due by 3/6/2018) (Signed by Judge P. Kevin Castel on 2/20/2018) (js)
February 16, 2018 Filing 573 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated February 16, 2018 re: David and Sandra Visher's Motion to Intervene. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
February 16, 2018 Filing 572 LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated February 16, 2018 re: #569 MOTION to Intervene. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Dunlap, Andrew)
February 16, 2018 Filing 571 NOTICE OF CHANGE OF ADDRESS by Andrew Riggs Dunlap on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. New Address: SELENDY & GAY PLLC, 1290 Avenue of the Americas, New York, NY, USA 10104, 212-390-9000. (Dunlap, Andrew)
February 13, 2018 Filing 570 LETTER addressed to Judge P. Kevin Castel from David Visher and Sandra Visher dated 2/12/18 re: Intervenors David Visher and Sandra Visher submit this letter withh attached MARM 2006 OA2 Notice, dated 2/8/18, allegedly updating certificate holders on various facts regarding the Proposed Settlement Agreement etc. Document filed by David Visher, sandra visher.(sc)
February 6, 2018 Filing 569 NOTICE OF MOTION OF CERTIFICATE HOLDERS DAVID AND SANDRA VISHER TO INTERVENE AS PLAINTIFFS. Document filed by David Visher, sandra visher.(sc)
January 19, 2018 Filing 568 MEMO ENDORSEMENT on re: #567 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, the invoice is approved. (Signed by Judge P. Kevin Castel on 1/19/2018) (cf)
January 19, 2018 Filing 567 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated January 19, 2018 re: Master's request for approval of December 2017 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
January 16, 2018 Filing 566 NOTICE OF CHANGE OF ADDRESS by Rita Kathleen Maxwell on behalf of Barbara S. Jones. New Address: Bracewell LLP, 1251 Avenue of the Americas, 49th Floor, New York, New York, USA 10020, 212-508-6100. (Maxwell, Rita)
January 12, 2018 Filing 565 NOTICE OF APPEARANCE by Rita Kathleen Maxwell on behalf of Barbara S. Jones. (Maxwell, Rita)
December 8, 2017 Filing 564 MEMO ENDORSEMENT on re: #563 Letter filed by Barbara S. Jones. ENDORSEMENT: The invoice to which there are no objections is APPROVED. (Signed by Judge P. Kevin Castel on 12/8/2017) (cf)
December 8, 2017 Filing 563 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated December 8, 2017 re: Master's request for approval of November 2017 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
November 27, 2017 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robert W. Lehrburger, for Settlement. Magistrate Judge James C. Francis no longer referred to the case. (wb)
November 22, 2017 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (wb)
November 15, 2017 Filing 562 MEMO ENDORSEMENT on re: #561 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objections, the fees and expenses are approved. (Signed by Judge P. Kevin Castel on 11/15/2017) (mro)
November 14, 2017 Filing 561 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated November 14, 2017 re: Master's request for approval of October 2017 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
October 16, 2017 Filing 560 MEMO ENDORSEMENT on re: #559 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, the attorneys' fees and expenses are approved. (Signed by Judge P. Kevin Castel on 10/13/2017) (cf)
October 10, 2017 Filing 559 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated October 10, 2017 re: Master's request for approval of September 2017 invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
October 6, 2017 Filing 558 MEMO ENDORSEMENT on re: #556 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, approved. (Signed by Judge P. Kevin Castel on 10/6/2017) (cf)
September 26, 2017 Filing 557 MEMO ENDORSEMENT on re: #556 Letter filed by Barbara S. Jones. ENDORSEMENT: Without objection, the attorneys' fees and expenses are approved. (Signed by Judge P. Kevin Castel on 9/25/2017) (cf)
September 22, 2017 Filing 556 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated September 22, 2017 re: Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
August 18, 2017 Opinion or Order Filing 555 MEMO ENDORSEMENT on re: #554 Letter request for approval of invoice. filed by Barbara S. Jones. ENDORSEMENT: The July invoice is approved. So Ordered. (Signed by Judge P. Kevin Castel on 8/18/17) (yv)
August 15, 2017 Filing 554 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated August 15, 2017 re: Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
July 28, 2017 Opinion or Order Filing 553 MEMO ENDORSEMENT on re: #552 Letter filed by Barbara S. Jones. ENDORSEMENT: The fees of the Lead Master through June 30, 2017 to which there has been no objection filed are approved. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/27/2017) (anc)
July 24, 2017 Filing 552 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated July 24, 2017 re: Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
June 22, 2017 Opinion or Order Filing 551 MEMO ENDORSEMENT on re: #550 Letter filed by Barbara S. Jones. ENDORSEMENT: The invoice of the Lead Master for May 2017 is APPROVED. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/22/2017) (ras)
June 21, 2017 Filing 550 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated June 21, 2017 re: Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
June 5, 2017 Opinion or Order Filing 549 ORDER ADOPTING MASTER'S REPORT AND RECOMMENDATIONS. On April 21, 2017, Judge Jones issued a Report and Recommendation setting forth how certain evidence would be reviewed on a loan-by-loan basis. (Docket # 542.) Neither party has filed any objection. The Court concludes that the Report and Recommendation is consistent with, and implements the reasoning of, the Court's Findings of Fact and Conclusions of Law. The Report and Recommendation of April 21 is therefore adopted. On May 1, 2017, Judge Jones issued a Report and Recommendation that recommended a procedure for resolving all outstanding loans. (Docket # 545.) Neither party has filed any objection. The Report and Recommendation of May 1 is therefore adopted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/5/17) (yv) Modified on 6/16/2017 (yv).
June 2, 2017 Opinion or Order Filing 548 MEMO ENDORSEMENT on re: (42 in 1:15-cv-06976-PKC) LETTER addressed to Judge P. Kevin Castel from Kurt W. Rademacher dated May 22, 2017 re: Pre-motion letter. Document filed by U.S. Bank National Association. ENDORSEMENT: File motion by June 30. Response due July 31. Reply due August 18. So ordered. (Motions due by 6/30/2017. Responses due by 7/31/2017. Replies due by 8/18/2017.) (Signed by Judge P. Kevin Castel on 6/2/2017) (rjm)
May 16, 2017 Opinion or Order Filing 547 MEMO ENDORSEMENT on re: #546 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated May 15, 2017 re: Master's request for approval of invoice. Document filed by Barbara S. Jones. ENDORSEMENT: The fees appear to be reasonable and well documented and are approved without objection. So ordered. (Signed by Judge P. Kevin Castel on 5/15/2017) (rjm)
May 15, 2017 Filing 546 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated May 15, 2017 re: Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
May 1, 2017 Filing 545 SPECIAL MASTER'S REPORT. / Report and Recommendation for a procedure to resolve the outstanding loans. Document filed by Barbara S. Jones.(Jones, Barbara)
May 1, 2017 Filing 544 MEMO ENDORSEMENT on re: #543 Letter filed by Barbara S. Jones. ENDORSEMENT: The fees reflected in the invoice appear reasonable and they are approved. (Signed by Judge P. Kevin Castel on 5/1/2017) (ras)
April 24, 2017 Filing 543 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated April 24, 2017 re: Lead Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
April 21, 2017 Filing 542 SPECIAL MASTER'S REPORT. / Report and Recommendation. Document filed by Barbara S. Jones.(Jones, Barbara)
April 21, 2017 Opinion or Order Filing 541 STIPULATION AND ORDER REGARDING LOANS RESOLVED THROUGH MASTER PROCESS: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that, subject to the reservations and conditions described herein, (i) the loans listed on Schedule A, attached hereto, may be resolved in favor of Plaintiff; and (ii) the loans listed on Schedule B, attached hereto, may be resolved in favor of UBS Real Estate Securities Inc. ("UBS RESI'). UBS RESI's agreement as to any of the loans listed on Schedule A is expressly subject to: (1) the Court ruling that the loan files associated with the loans listed on Schedule A are admissible; and (2) UBS RESI's rights to appeal all or a portion of the Court's Memorandum and Order (including but not limited to whether the Trusts can recover for loans or breaches that were not the subject of pre-suit repurchase demands timely received by UBS RESI; the Court's interpretation of the governing pooling and servicing agreements or representations and warranties contained therein; or any other issue bearing upon UBS RESI's liability and/or damages to which the Trusts may be entitled). UBS RESI reserves all rights with respect to the amount of damages and/or prejudgment interest, if any, to which Plaintiff may be entitled with respect to any of the loans listed on Schedule A, the amount of which has not yet been determined by the Court. (Signed by Judge P. Kevin Castel on 4/20/2017) (ras)
April 20, 2017 Opinion or Order Filing 540 ORDER: For reasons that will be explained, the loan files that were produced by JCIII & Associates ("JCIII") are stricken from the record and will be disregarded. The loan file exhibits produced by JCIII are stricken. The Court reserves the right to strike any other loan files that contains anomalies of the kind and character of those found in the JCIII files, and the Lead Master is authorized to recommend that any such files be stricken, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 4/20/2017) (ras)
April 18, 2017 Opinion or Order Filing 539 ORDER ON CONSENT APPOINTING SOLE MASTER: IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 53(b)(4), that the Order Appointing Master shall be amended as follows: The Court hereby appoints Hon. Barbara S. Jones (ret.) to be the sole master (the "Master") to recommend findings of fact and conclusions of law pursuant to the Court's Memorandum and Order dated September 6, 2016 (the "Memorandum and Order"). Judge Jones shall have the authority, pursuant to Federal Rule of Civil Procedure 53(c), to regulate all proceedings; take all appropriate measures to perform her assigned duties fairly and efficiently; and request submissions and hold hearings as she sees fit with the understanding that, as the Court stated in its Memorandum and Order: "With the exception of calculation of damages and withdrawal of claims of breach by the Trusts, the evidence is closed." Memorandum and Order at 236. Pursuant to Federal Rules of Civil Procedure 53(d) and (e), Judge Jones may issue Orders and file Reports and Recommendations with the Court as she deems appropriate, which shall be subject to review by the Court pursuant to Federal Rule of Civil Procedure 53(f), and as further set forth in this order. (Signed by Judge P. Kevin Castel on 4/18/2017) (ras)
April 17, 2017 Filing 538 JOINT LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin and Scott D. Musoff dated April 17, 2017 re: Amendment To Order Appointing Master. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Exhibit A- Order Appointing Sole Master)(Baldwin, Sean)
March 24, 2017 Filing 537 MEMO ENDORSEMENT on re: #536 Letter filed by Barbara S. Jones. ENDORSEMENT: The fees and expenses are approved. (Signed by Judge P. Kevin Castel on 3/23/2017) (cf)
March 23, 2017 Filing 536 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated March 23, 2017 re: Lead Master's request for approval of invoice.. Document filed by Barbara S. Jones.(Jones, Barbara)
February 22, 2017 Filing 535 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated February 22, 2017 re: Recent First Department Decision. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Decision of The First Department Appellate Division)(Dunlap, Andrew)
February 21, 2017 Filing 534 MEMO ENDORSEMENT on re: #533 Letter filed by Barbara S. Jones. ENDORSEMENT: Approved. (Signed by Judge P. Kevin Castel on 2/21/2017) (cf)
February 17, 2017 Filing 533 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated February 17, 2017 re: Lead Master's request for approval of invoice.. Document filed by Barbara S. Jones.(Jones, Barbara)
January 30, 2017 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 1/30/2017. (Bacchus, Michael)
January 27, 2017 Filing 532 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/12/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
January 27, 2017 Filing 531 TRANSCRIPT of Proceedings re: trial held on 5/12/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/27/2017.(Siwik, Christine)
January 25, 2017 Opinion or Order Filing 530 MEMO ENDORSEMENT on re: Page 5 (Remittance Page) of #528 Letter filed by Barbara S. Jones. ENDORSEMENT: The fees of the Lead Master are reasonable and they are approved without objection. They shall be paid on the 50/50 bases ordered by this Court within 30 days. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/25/2017) (mro)
January 18, 2017 Opinion or Order Filing 529 MEMO ENDORSEMENT on re: #528 Letter filed by Barbara S. Jones. ENDORSEMENT: Any objection is due no later than January 24. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/17/2017) (anc)
January 17, 2017 Filing 528 LETTER addressed to Judge P. Kevin Castel from Barbara S. Jones dated January 17, 2017 re: Lead Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
December 15, 2016 Opinion or Order Filing 527 ORDER OF LEAD MASTER: On or before December 21, 2016, the parties shall promptly provide the Lead Master with portions of the record that may inform the Lead Masters' responsibilities, including, but not limited to: the Court's prior material rulings; the complete trial transcript; declarations or affidavits constituting direct testimony; trial exhibits; and post-trial submissions, including the parties' proposed findings of fact and conclusions of law, and as further set forth in this order. (Signed by Barbara S. Jones, Lead Master on 12/14/2016) (tn)
November 22, 2016 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 11/22/2016. (Bacchus, Michael)
November 22, 2016 Filing 526 DECLARATION of Hon. Barbara S. Jones (Ret.) re: #515 Order Referring Case to Special Master,,,,,, . Document filed by Barbara S. Jones. (Jones, Barbara)
November 16, 2016 Filing 525 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated November 16, 2016 re: Response To UBS's Submission Dated November 15, 2016. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(Baldwin, Sean)
November 14, 2016 Filing 524 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff, dated November 14, 2016 re: Response to Plaintiff's Letter Reply, dated November 7, 2016. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Musoff, Scott)
November 14, 2016 Opinion or Order Filing 523 MEMO ENDORSEMENT on re: #520 Letter, filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. ENDORSEMENT: The Court had informed Judge Jones of the proposed appointment before entering the order of November 2, 2016 and Judge Jones has accepted appointment, subject to the required filings. The parties are directed to provide Judge Jones with the material described in the last paragraph of the letter of November 14, 2016, as well as any other information she may from time to time require. Judge Jones is also free to enter any order or orders consistent with the order of appointment. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/14/2016) (mro)
November 14, 2016 Filing 522 NOTICE OF APPEARANCE by David Alexander Shargel on behalf of Barbara S. Jones. (Shargel, David)
November 14, 2016 Filing 521 DECLARATION of Hon. Barbara S. Jones (ret.) Pursuant to 28 U.S.C. 455. Document filed by Barbara S. Jones. (Jones, Barbara)
November 14, 2016 Filing 520 JOINT LETTER addressed to Judge P. Kevin Castel from Steven M. Edwards and Robert A. Fumerton dated November 14, 2016 re: Court Appointment of Judge Barbara S. Jones (ret.) as the Lead Master. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(Edwards, Steven)
November 10, 2016 Opinion or Order Filing 519 ORDER granting #518 Letter Motion for Leave to File Document. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/10/2016) (kl)
November 9, 2016 Filing 518 LETTER MOTION for Leave to File Response To Plaintiff's Letter Reply Concerning The Admissibility Of Loan Files addressed to Judge P. Kevin Castel from Robert A. Fumerton dated November 9, 2016. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
November 7, 2016 Filing 517 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin re: Response To UBS's September 27, 2016 Submission. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(Baldwin, Sean)
November 4, 2016 Opinion or Order Filing 516 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 P. Kevin Castel on 11/4/2016) (lmb)
November 2, 2016 Opinion or Order Filing 515 ORDER APPOINTING MASTER: Accordingly, after hearing from the parties, the Court hereby provisionally appoints Hon. Barbara S. Jones (ret.) as Lead Master. Within 14 days of receipt of this Order, the Lead Master shall file with the Court and serve on the parties an affidavit or declaration disclosing whether there is any ground for disqualification under 28 U.S.C. 455. Within 14 days after receiving the Lead Master's affidavit or declaration, any party may object to the appointment and explain the grounds for disqualification. If neither party objects to the appointment or if the Court determines that any such objection is without merit, the appointment of the Lead Master will become effective and the Lead Master shall proceed with all reasonable diligence to complete the tasks assigned by this Order and as further set forth herein. Any party may object to the proposed compensation within 14 days. The Court shall resolve any such objection in a separate order. The Lead Master shall submit bills for the Court's review and approval monthly. Compensation of additional masters shall be handled in a similar fashion, except that the additional masters shall submit proposals for their compensation to the Lead Master, any objections shall be submitted to the Lead Master, the Lead Master shall resolve any such objections, and the Lead Master shall review and approve any bills submitted by the additional masters., Barbara S. Jones appointed Special Master. (Signed by Judge P. Kevin Castel on 11/2/2016) (lmb)
September 28, 2016 Opinion or Order Filing 514 MEMO ENDORSEMENT on re: #513 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated September 27, 2016 re: UBS Real Estate Securities Inc.'s Anticipated Motion To Certify An Appeal, Pursuant To 28 U.S.C. 1292(b). Document filed by UBS Real Estate Securities Inc. ENDORSEMENT: The defendant is welcome to move any time it wishes. The schedule is as set forth in the Local Civil Rules. Persuading this Court of the notion that Nomura "controls" this case, that, presently, there is a substantial ground for difference of opinion, and that a decision on the issue could materially advance the termination of the action is a very tall hill to climb. So ordered. (Signed by Judge P. Kevin Castel on 9/28/2016) (rjm)
September 27, 2016 Filing 513 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated September 27, 2016 re: UBS Real Estate Securities Inc.'s Anticipated Motion To Certify An Appeal, Pursuant To 28 U.S.C. 1292(b). Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
September 27, 2016 Filing 512 DECLARATION of Deborah Grissom re: #511 Response . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
September 27, 2016 Filing 511 RESPONSE re: #507 Affidavit,, . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
September 27, 2016 Filing 510 LETTER addressed to Judge P. Kevin Castel from Steven M. Edwards and Scott D. Musoff dated September 27, 2016 re: agreed upon proposed order appointing a Lead Master. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Proposed Order)(Edwards, Steven)
September 27, 2016 Opinion or Order Filing 509 ORDER granting #508 Motion to Seal Document. Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 9/27/2016) (kko)
September 27, 2016 Transmission to Sealed Records Clerk. Transmitted re: #509 Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. (kko)
September 20, 2016 Filing 508 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Sean Baldwin dated September 20, 2016. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(Baldwin, Sean)
September 20, 2016 Filing 507 AFFIDAVIT of Sean Baldwin re:Loan Documents. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part #1, #4 Exhibit 3 part#2, #5 Exhibit 3 part#3, #6 Exhibit 3 part4, #7 Exhibit 3 part#5, #8 Exhibit 3 part#6, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13)(Baldwin, Sean)
September 16, 2016 Filing 506 INTERNET CITATION NOTE: Material from decision with Internet citation re: #505 Order. (Attachments: #1 Internet Citation, #2 Internet Citation, #3 Internet Citation) (vf)
September 6, 2016 BENCH TRIAL DECISION.(lb)
September 6, 2016 Opinion or Order Filing 505 MEMORANDUM AND ORDER setting forth the Court's Findings of Fact and Conclusions of Law issued after bench trial. Supplemental submission on loan files due from plaintiffs 14 days from the date of this Memorandum and Order. Response by defendant 7 days thereafter. Proposed Order and submissions by plaintiff and defendants on Lead Master due 21 days from date of this Memorandum and Order. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 9/6/2016) (kko)
September 1, 2016 Opinion or Order Filing 504 MEMO ENDORSEMENT on re: (30 in 1:15-cv-06976-PKC) Letter filed by U.S. Bank National Association re: Stay of Case. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/31/2016) (kko)
August 24, 2016 Filing 503 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated 08-24-2016 re: In Response to Plaintiffs' letter dated August 19, 2016 (ECF No. 500). Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
August 23, 2016 Filing 502 BRIEF re: #491 Brief Defendants Post-Trial Sur-Reply. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
August 19, 2016 Opinion or Order Filing 501 MEMO ENDORSEMENT on re: #496 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated August 11, 2016 Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 8/17/2016) (rjm)
August 19, 2016 Filing 500 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated August 19, 2016 re: Response To Court's August 16, 2016 Order. Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment, #4 Attachment)(Baldwin, Sean)
August 19, 2016 Filing 499 ANSWER to #495 Amended Complaint,,. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
August 16, 2016 Opinion or Order Filing 498 ORDER: By August 19, 2016, plaintiffs' counsel shall identify in the trial record a concordance or other means that may be employed by the trier of fact to match a loan identification number with the corresponding loan file. If there is no such concordance or means of translating a loan number to a loan file, then plaintiffs' counsel should explain the use that plaintiffs intend the trier of fact to make of the loan files. If there is no evidentiary purpose or use of the loan files, then the plaintiffs should explain why UBS's objection ought not be sustained and the files stricken. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/16/2016) (kko)
August 15, 2016 Opinion or Order Filing 497 ENDORSED LETTER addressed to Judge P. Kevin Castel from Alexander C. Drylewski dated 8/15/2016 re: Request to file a brief response to Plaintiff's "Reply Post-Trial Brief." ENDORSEMENT: Application Granted. So Ordered. ( Responses due by 8/23/2016) (Signed by Judge P. Kevin Castel on 8/15/2016) (kko)
August 11, 2016 Filing 496 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated August 11, 2016 Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages.(Dunlap, Andrew)
August 2, 2016 Filing 495 AMENDED COMPLAINT amending 1 Complaint, against UBS Real Estate Securities Inc..Document filed by U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages Trust 2007-3. Related document: 1 Complaint, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
August 1, 2016 Opinion or Order Filing 494 ORDER granting #474 Motion to Amend/Correct. The plaintiffs' unopposed motion to file an Amended Complaint is GRANTED. (Docket# 474.) Plaintiffs may file the Amended Complaint no later than August 5, 2016. The caption is deemed amended to conform with the proposed Amended Complaint. (See Docket # 476 Ex.A.) SO ORDERED. (Signed by Judge P. Kevin Castel on 8/01/2016) (ama)
August 1, 2016 Set/Reset Deadlines: Amended Pleadings due by 8/5/2016. (ama)
July 29, 2016 Filing 493 LETTER MOTION for Leave to File Reply Post-Trial Brief addressed to Judge P. Kevin Castel from Scott D. Musoff dated July 29, 2016. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
July 26, 2016 Filing 492 DECLARATION of Sean P. Baldwin in Support re: #491 Brief. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6)(Baldwin, Sean)
July 26, 2016 Filing 491 BRIEF . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
July 26, 2016 Opinion or Order Filing 490 ORDER granting #489 Motion to Seal Document. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/25/2016) (kko)
July 26, 2016 Transmission to Sealed Records Clerk. Transmitted re: #490 Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. (kko)
July 25, 2016 Filing 489 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Sean P. Baldwin dated July 25, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
July 13, 2016 Opinion or Order Filing 488 ORDER granting #487 Letter Motion for Leave to File reply to USB Real Estate Securities Inc's Proposed Findings of Fact and Conclusions of Law. Application granted. Submission is due July 26, 2016. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/13/2016) (kko)
July 13, 2016 Set/Reset Deadlines: Replies due by 7/26/2016. (kko)
July 12, 2016 Filing 487 LETTER MOTION for Leave to File reply to USB Real Estate Securities Inc's Proposed Findings of Fact and Conclusions of Law by July 22, 2016 addressed to Judge P. Kevin Castel from Sean P. Baldwin dated July 12, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
July 7, 2016 Opinion or Order Filing 486 ORDER terminating #314 Motion in Limine; terminating #316 Motion in Limine; terminating #317 Motion in Limine; terminating #320 Motion in Limine; terminating #323 Motion in Limine; terminating #325 Motion in Limine; terminating #334 Motion in Limine. As previously stated in open court, the evidence sought to be excluded by the pretrial motions in limine was received at the bench trial subject to objection that will be deemed a motion to strike. The Clerk is directed to terminate the motions (Doc 314, 316, 317, 320, 323, 325, 334.) (Signed by Judge P. Kevin Castel on 7/7/2016) (kko)
July 6, 2016 Opinion or Order Filing 485 MEMO ENDORSEMENT granting #481 Motion for Paul A. Riley to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney Paul Anthony Riley terminated. (Signed by Judge P. Kevin Castel on 7/6/2016) (kko)
July 1, 2016 Filing 484 DECLARATION of Scott D. Musoff re: #483 Proposed Findings of Fact . Document filed by UBS Real Estate Securities 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 Appendix A, #12 Appendix B)(Musoff, Scott)
July 1, 2016 Filing 483 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
July 1, 2016 Filing 482 DECLARATION of Paul A. Riley in Support re: #481 MOTION for Paul A. Riley to Withdraw as Attorney .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Riley, Paul)
July 1, 2016 Filing 481 MOTION for Paul A. Riley to Withdraw as Attorney . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Riley, Paul)
June 23, 2016 Opinion or Order Filing 480 MEMO ENDORSEMENT on re: #478 Letter filed by UBS Real Estate Securities Inc. re: Letter Request to submit its opposition to Plaintiffs' motion as part of its larger post-trial submission due July 1, 2016. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/22/2016) (kko)
June 23, 2016 Filing 479 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated June 23, 2016 re: Informing the Court of the First Department's Decision Issued June 16, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1 - First Department Decision)(Dunlap, Andrew)
June 23, 2016 Set/Reset Deadlines as to #431 MOTION to Strike Testimony Concerning UBS's Loan Surveillance Program: Responses due by 7/1/2016. (kko)
June 22, 2016 Filing 478 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated June 22, 2016 re: Letter Request. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
June 21, 2016 Filing 477 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Baldwin, Sean)
June 21, 2016 Filing 476 DECLARATION of Sean P. Baldwin in Support re: #474 MOTION to Amend/Correct complaint.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baldwin, Sean)
June 21, 2016 Filing 475 MEMORANDUM OF LAW in Support re: #474 MOTION to Amend/Correct complaint. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
June 21, 2016 Filing 474 MOTION to Amend/Correct complaint. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 20, 2016 Filing 473 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/13/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 472 TRANSCRIPT of Proceedings re: TRIAL held on 5/13/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 471 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/11/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 470 TRANSCRIPT of Proceedings re: TRIAL held on 5/11/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 469 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/10/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 468 TRANSCRIPT of Proceedings re: TRIAL held on 5/10/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 467 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/9/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 466 TRANSCRIPT of Proceedings re: TRIAL held on 5/9/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 465 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/5/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 464 TRANSCRIPT of Proceedings re: TRIAL held on 5/5/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 463 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/4/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 462 TRANSCRIPT of Proceedings re: TRIAL held on 5/4/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 461 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/3/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 460 TRANSCRIPT of Proceedings re: TRIAL held on 5/3/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 459 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/2/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 458 TRANSCRIPT of Proceedings re: trial held on 5/2/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 457 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/21/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 456 TRANSCRIPT of Proceedings re: TRIAL held on 4/21/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 455 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/20/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 454 TRANSCRIPT of Proceedings re: TRIAL held on 4/20/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 453 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/19/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 452 TRANSCRIPT of Proceedings re: TRIAL held on 4/19/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 20, 2016 Filing 451 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/18/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2016 Filing 450 TRANSCRIPT of Proceedings re: TRIAL held on 4/18/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016.(McGuirk, Kelly)
June 14, 2016 Opinion or Order Filing 449 ORDER granting #448 Letter Motion for Extension of Time to respond to the Trusts' belated submissions. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/14/2016) (kko)
June 13, 2016 Filing 448 LETTER MOTION for Extension of Time to respond to the Trusts' belated submissions addressed to Judge P. Kevin Castel from Scott D. Musoff dated June 13, 2016. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
June 13, 2016 Opinion or Order Filing 447 ORDER granting #444 Letter Motion for Leave to File. The three plaintiff trusts seek to amend their complaint to revise and clarify the jurisdictional allegations. They seek to demonstrate that this Court has subject matter jurisdiction on the previously unpled basis of diversity of citizenship. Plaintiffs may file a motion to amend to allege facts as they existed on the date of commencement of this action, September 28, 2012. Any response to the motion shall be filed five days after service and filing. The motion shall annex a marked-to-show-changes copy of the proposed amended pleading. The parties are invited to address whether the doctrine of judicial estoppel forecloses the amendment as a result of the position advanced by plaintiffs and accepted by Judge Baer in denying defendant's motion to dismiss that the three trusts were proper parties to the action. (Signed by Judge P. Kevin Castel on 6/13/2016) (kko)
June 10, 2016 Filing 446 TRIAL BRIEF Plaintiffs' Corrected Post-Trial Brief. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 9, 2016 Filing 445 DECLARATION of Nicolas Valaperta in Support re: #444 LETTER MOTION for Leave to File addressed to Judge P. Kevin Castel from Sean P. Baldwin dated June 9, 2016.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit Exhibit 1)(Baldwin, Sean)
June 9, 2016 Filing 444 LETTER MOTION for Leave to File addressed to Judge P. Kevin Castel from Sean P. Baldwin dated June 9, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 9, 2016 Filing 443 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated June 9, 2016 re: Court's Order dated June 6, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 9, 2016 Filing 442 DECLARATION of Rick Antonoff re: #441 Letter . Document filed by UBS Real Estate Securities 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)(Musoff, Scott)
June 9, 2016 Filing 441 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated June 9, 2016 re: Court's Order dated June 6, 2016. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Musoff, Scott)
June 7, 2016 Opinion or Order Filing 440 ORDER granting #437 Motion to Seal Document. Application granted. (Signed by Judge P. Kevin Castel on 6/6/2016) (spo)
June 7, 2016 Transmission to Sealed Records Clerk. Transmitted re: #440 Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. (spo)
June 6, 2016 Filing 439 POST TRIAL MEMORANDUM. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 6, 2016 Filing 438 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated June 6, 2016 re: Joint Admitted Exhibits. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baldwin, Sean)
June 6, 2016 Filing 437 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Sean P. Baldwin dated June 6, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 6, 2016 Filing 436 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated June 6, 2016 re: Opposition To Motion To Strike Cipione Testimony. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Dunlap, Andrew)
June 6, 2016 Opinion or Order Filing 435 ORDER: The Court now has the jurisdictional submissions of the three plaintiffs and the sole defendant. (Docket # 428, 430); as further set forth herein. All counsel are reminded of their duty of candor to the Court. A well-crafted statement, when parsed, is literally true may nevertheless be highly misleading by omission and hence false. If counsel wish, upon reflection, to amend any of their statements, this is the juncture to do so. Also, counsel are reminded that in the face of a fact-based challenge to subject matter jurisdiction, the burden of proving subject matter jurisdiction rests with the party asserting it. Sharkey v. Quarantillo, 541 F.3d 75, 83 (2d Cit. 2008). The parties shall address the foregoing matters in their final submissions on subject matter jurisdiction, which, under the May 31, 2016 Order, are due on June 9, 2016. (Signed by Judge P. Kevin Castel on 6/6/2016) (mro)
June 6, 2016 Filing 434 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated June 6, 2016 re: Holt Source Materials. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dunlap, Andrew)
June 6, 2016 Filing 433 DECLARATION of Thomas A. Bridges in Support re: #431 MOTION to Strike Testimony Concerning UBS's Loan Surveillance Program.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Baldwin, Sean)
June 6, 2016 Filing 432 MEMORANDUM OF LAW in Support re: #431 MOTION to Strike Testimony Concerning UBS's Loan Surveillance Program. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
June 6, 2016 Filing 431 MOTION to Strike Testimony Concerning UBS's Loan Surveillance Program. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 3, 2016 Filing 430 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated June 3, 2016 re: the Court's subject matter jurisdiction over this action. Document filed by UBS Real Estate Securities 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)(Musoff, Scott)
May 31, 2016 Opinion or Order Filing 429 ORDER: Plaintiffs have submitted the Amended Chapter 11 Plan of Liquidation of the Debtors Dated as of February 18, 2009 (the "2009 Plan"). Defendant, in its filing on subject matter jurisdiction, should include a history of any proceedings regarding the approval of the Plan, including any appeal from any order approving the Plan. Defendant also should submit (I) the date or dates on which it submitted the EPD/Breach Claims Questionnaire; (2) any filing it made with the bankruptcy court concerning the application of the EPD/Breach Claims Protocol to any Claim submitted by defendant; and (3) set forth the subsequent history with dates of any EPD/Breach or other Claim submitted by defendant, including allowance or disallowance. Defendant's submission is due June 3, 2016. Any party who wishes to make any further submission by way of evidence or argument on the issue of this Court's subject matter jurisdiction shall do so no later than June 9, 2016. (Signed by Judge P. Kevin Castel on 5/31/2016) (spo)
May 30, 2016 Filing 428 AMENDED LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated May 30, 2016 re: the Court's May 19, 2016 Order (Dkt. No. 422) to Address Subject Matter Jurisdiction. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
May 27, 2016 Filing 427 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated May 27, 2016 re: the Court's May 19, 2016 Order (Dkt. No. 422) to Address Subject Matter Jurisdiction. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Baldwin, Sean)
May 27, 2016 Filing 426 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated May 27, 2016 re: In Response to UBS Letter Dated May 12, 2016 (Dkt.421). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Dunlap, Andrew)
May 25, 2016 Opinion or Order Filing 425 ORDER: The parties are ordered to jointly submit a document that indexes the exhibits that were received into evidence at trial. The following information should be included for each exhibit: 1.) the exhibit number; 2.) a description of the exhibit; and 3.) where the Court can locate the exhibit in the parties' electronic submissions (i.e., whether it was included in the hard drives delivered to Chambers or in the individual CD-ROMs submitted during trial). This index should be submitted no later than June 6, 2016. (Signed by Judge P. Kevin Castel on 5/25/2016) (kko)
May 23, 2016 Filing 424 DECLARATION of Thomas A. Bridges in Support re: #413 MOTION to Preclude Testimony.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1)(Baldwin, Sean)
May 23, 2016 Filing 423 REPLY MEMORANDUM OF LAW in Support re: #413 MOTION to Preclude Testimony. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
May 19, 2016 Opinion or Order Filing 422 ORDER: The parties are ordered to address the subject matter jurisdiction of this Court - and their silence in response to the Court's erroneous assumption and question at argument. The parties should also address the following question: if it is assumed that the defendant had an indemnity right against a bankrupt entity at the time the Complaint was filed, how would that provide a basis for the plaintiffs to invoke "related to" jurisdiction under section 1334(b) for their claim? Plaintiffs' submissions are due May 27, 2016. Defendant's submissions are due June 3, 2016. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 5/19/2016) (spo)
May 13, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Plaintiff's closing argument; Defendant's closing argument, Bench Trial completed on 5/13/2016. (Court Reporter Patricia Nilsen and Jerry Harrison) (Nacanther, Florence)
May 12, 2016 Filing 421 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated May 11, 2016 re: Third Party Vendor Reports. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
May 12, 2016 Filing 420 MEMORANDUM OF LAW in Opposition re: #413 MOTION to Preclude Testimony. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
May 12, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/12/2016. Testimony continues. Defense rests. (Court Reporter Jerry Harrison and Tara Jones) (Nacanther, Florence)
May 11, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/11/2016. Testimony continues. Plaintiff rests. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 10, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/10/2016. Testimony continues. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 9, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/9/2016. Testimony continues. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 5, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/5/2016. Testimony continues. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 5, 2016 Filing 419 DECLARATION of William R. Sears in Support re: #417 MOTION to Preclude Testimony Concerning UBS's Loan Review Committee.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Baldwin, Sean)
May 5, 2016 Filing 418 MEMORANDUM OF LAW in Support re: #417 MOTION to Preclude Testimony Concerning UBS's Loan Review Committee. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
May 5, 2016 Filing 417 MOTION to Preclude Testimony Concerning UBS's Loan Review Committee. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
May 4, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/4/2016. Testimony continues. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 3, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/3/2016. Testimony continues. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 2, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 5/2/2016. Testimony continues. (Court Reporter Patricial Nilsen and Jerry Harrison) (Nacanther, Florence)
May 2, 2016 Filing 416 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated May 2, 2016 re: Second Circuit Decision Issued April 27, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baldwin, Sean)
May 2, 2016 Filing 415 DECLARATION of Paul A. Riley in Support re: #413 MOTION to Preclude Testimony.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Baldwin, Sean)
May 2, 2016 Filing 414 MEMORANDUM OF LAW in Support re: #413 MOTION to Preclude Testimony. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
May 2, 2016 Filing 413 MOTION to Preclude Testimony. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 22, 2016 Filing 412 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated April 22, 2016 re: Trial Declaration of Dr. William Greene. Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
April 21, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 4/21/2016. Testimony continues. (Court Reporter Patricia Nilsen and Steven Griffing) (Nacanther, Florence)
April 20, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 4/20/2016. Testimony continues. (Court Reporter Patricia Nilsen and Steven Griffing) (Nacanther, Florence)
April 19, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial held on 4/19/2016. Testimony. (Court Reporter Patricia Nilsen and Steven Griffing) (Nacanther, Florence)
April 18, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Bench Trial begun on 4/18/2016. Opening Statements, Testimony. (Court Reporter Patricia Nilsen and Steven Griffing) (Nacanther, Florence)
April 18, 2016 Filing 411 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated April 15, 2016 re: Declaration of Charles Cipione (DX LG). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 18, 2016 Opinion or Order Filing 410 ORDER granting #409 Motion for Eric Hsu to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
April 18, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #409 MOTION for Eric Hsu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12193564. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 15, 2016 Filing 409 MOTION for Eric Hsu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12193564. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Certificate of Good Standing - New York, #2 Certificate of Good Standing - New Jersey, #3 Proposed Order)(Hsu, Eric)
April 14, 2016 Filing 408 NOTICE OF APPEARANCE by Jeffrey Carl Miller on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Miller, Jeffrey)
April 14, 2016 Filing 407 ENDORSED LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 4/14/2016 re: Request permission to bring in and remove boxes of hard-copy documents. ENDORSEMENT: Subject to the approval of the District Executive, the delivery and removal of boxes is approved. (Signed by Judge P. Kevin Castel on 4/15/2016) (spo)
April 14, 2016 Filing 406 NOTICE OF APPEARANCE by Maya Daria Cater on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Cater, Maya)
April 14, 2016 Filing 405 ENDORSED LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated 4/13/2016 re: Courtroom Connect will make proper arrangements with the District Executive Office of the Court. ENDORSEMENT: OK. Approved. (Signed by Judge P. Kevin Castel on 4/14/2016) (spo)
April 13, 2016 Filing 404 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/1/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 13, 2016 Filing 403 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/1/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2016. Redacted Transcript Deadline set for 5/19/2016. Release of Transcript Restriction set for 7/15/2016.(McGuirk, Kelly)
April 13, 2016 Opinion or Order Filing 402 ORDER: The application to bring 22 laptops and other equipment into the Courtroom is DENIED without prejudice. (Signed by Judge P. Kevin Castel on 4/13/2016) (spo)
April 13, 2016 Filing 401 ENDORSED LETTER addressed to Florence Nacanther from Marlo A. Pecora dated 4/12/2016 re: Request for Approval for Messenger Van. ENDORSEMENT: The Court will not approve the blockade of traffic by two vans twice a day on Worth Street Application DENIED without prejudice. (Signed by Judge P. Kevin Castel on 4/13/2016) (spo)
April 12, 2016 Filing 400 LETTER addressed to Judge P. Kevin Castel from S. Baldwin dated April 12, 2016 re: order of witnesses. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 12, 2016 Opinion or Order Filing 399 MEMORANDUM AND ORDER denying #312 Motion in Limine. In light of the foregoing, the Court concludes that the Trusts are not precluded from relying upon the August 7, 2015 Holt Report as notice of breaches of certain representations and warranties as to specific loans identified therein. (Signed by Judge P. Kevin Castel on 4/12/2016) (spo)
April 12, 2016 Opinion or Order Filing 398 MEMO ENDORSEMENT on re: #397 Letter re: the Parties' Meet and Confer. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjust able Rate Mortgages Trust 2007-3. ENDORSEMENT: Please provide the list and order of the first four witnesses to the Court, as well as any updates or reviews by either side. (Signed by Judge P. Kevin Castel on 4/12/2016) (spo)
April 11, 2016 Filing 397 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated April 11, 2016 re: the Parties' Meet and Confer. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 7, 2016 Filing 396 MEMO ENDORSEMENT on re: #395 Letter re: Plaintiffs' final witness list filed by UBS Real Estate Securities Inc. ENDORSEMENT: Plaintiffs are directed to respond by April 11. Plaintiffs counsel should contact defendants counsel to work out or substantially narrow the issue. (Signed by Judge P. Kevin Castel on 4/7/2016) (spo)
April 7, 2016 Filing 395 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated April 7, 2016 re: Plaintiffs' final witness list. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
April 7, 2016 Filing 394 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 03/21/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia)
April 7, 2016 Filing 393 TRANSCRIPT of Proceedings re: Conference held on 3/21/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/2/2016. Redacted Transcript Deadline set for 5/12/2016. Release of Transcript Restriction set for 7/11/2016.(Grant, Patricia)
April 7, 2016 Opinion or Order Filing 392 AMENDED PROTECTIVE ORDER. IT IS HEREBY ORDERED, that pursuant to Paragraph 18 of the Stipulation and Amended Order for the Production and Exchange of Confidential and Highly Confidential Information, ECF No. 64 (the "Protective Order"), the Protective Order shall be amended as follows: Discovery Material (as defined by the Protective Order) may be shared with any person who has issued one or more directions to the Trustee with respect to the prosecution of claims in this action, which direction(s) remains in effect, as well as any agent or counsel of such person, so long as any such person has signed the "Agreement To Be Bound by Protective Order" (Exhibit A to the Protective Order). So ordered. (Signed by Judge P. Kevin Castel on 4/7/2016) (rjm)
April 7, 2016 Filing 391 JOINT LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin and Scott D. Musoff dated April 7, 2016 re: Requesting Modification of the Protective Order. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Proposed Order)(Baldwin, Sean)
April 6, 2016 Filing 390 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated April 6, 2016 re: the Trusts' Designations. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
March 31, 2016 Opinion or Order Filing 389 ORDER granting #387 Motion for Elizabeth Rosenshine to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
March 31, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #387 MOTION for Elizabeth Rosenshine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12127206. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 30, 2016 Filing 388 NOTICE OF APPEARANCE by Paul Peter Hughes on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Hughes, Paul)
March 30, 2016 Filing 387 MOTION for Elizabeth Rosenshine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12127206. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Rosenshine, Elizabeth)
March 24, 2016 Filing 386 LETTER MOTION for Leave to File Exhibits Under Seal addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated March 24, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Dunlap, Andrew)
March 23, 2016 Filing 385 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated March 23, 2016 re: UBS Real Estate Securities Inc.'s motion in limine to limit Plaintiffs' claims to loans. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Musoff, Scott)
March 23, 2016 Filing 384 LETTER addressed to Judge P. Kevin Castel from Andrew R. Dunlap dated March 23, 2016 re: Nomura Decision. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Dunlap, Andrew)
March 22, 2016 Opinion or Order Filing 383 JOINT PRETRIAL ORDER: The Parties reserve their rights to revise their portions of this proposed Joint Pretrial Order in light of decisions on pending and forthcoming motions. However, the Court will not modify this Order except for good cause shown. Each side will have 37 hours for the presentation of evidence, subject to modification in the interests of justice. See transcript March 21, 2016. (Signed by Judge P. Kevin Castel on 3/21/2016) (spo)
March 21, 2016 Minute Entry for proceedings held before Judge P. Kevin Castel: Final Pretrial Conference held on 3/21/2016. The Court reserves decision on all motions. (Court Reporter Tom Murray) (Nacanther, Florence) Modified on 3/22/2016 (Landers, Rigoberto).
March 17, 2016 Filing 382 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated March 17, 2016 re: Supplemental Authority. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A)(Baldwin, Sean)
March 11, 2016 Opinion or Order Filing 381 ORDER: The parties are directed to submit to Chambers a second set of courtesy copies consisting of all unredacted, fully briefed in limine motions and the Proposed Joint Pretrial Order, including exhibits. (Signed by Judge P. Kevin Castel on 3/11/2016) (mro)
March 4, 2016 Opinion or Order Filing 380 ORDER: The final pretrial conference originally scheduled for March 23, 2016 is moved to March 21, 2016 at 2:00 p.m is Courtroom 11D. (Final Pretrial Conference set for 3/21/2016 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/4/2016) (cf)
March 1, 2016 Filing 379 SEALED DOCUMENT placed in vault.(mps)
February 29, 2016 Filing 378 NOTICE OF APPEARANCE by Steven M. Edwards on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Edwards, Steven)
February 25, 2016 Opinion or Order Filing 377 ORDER granting #375 Motion for Allison Barrett Holcombe to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
February 25, 2016 Opinion or Order Filing 376 ORDER granting #374 Motion for Abraham Aleem Tabaie to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
February 25, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #374 MOTION for Abraham Aleem Tabaie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11994628. Motion and supporting papers to be reviewed by Clerk's Office staff., #375 MOTION for Allison Barrett Holcombe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11994640. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 24, 2016 Filing 375 MOTION for Allison Barrett Holcombe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11994640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Certificate of the Clerk of the Supreme Court, #2 Order for Admission Pro Hac Vice)(Holcombe, Allison)
February 24, 2016 Filing 374 MOTION for Abraham Aleem Tabaie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11994628. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Certificate of the Clerk of the Supreme Court of the State of California, #2 Order for Admission Pro Hac Vice)(Tabaie, Abraham)
February 19, 2016 Opinion or Order Filing 373 ORDER granting #371 Motion for Charles F. Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
February 19, 2016 Opinion or Order Filing 372 ORDER granting #370 Motion for Lara A. Flath to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
February 18, 2016 Filing 371 MOTION for Charles F. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11968550. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Smith, Charles)
February 18, 2016 Filing 370 MOTION for Lara A. Flath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11968473. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Flath, Lara)
February 18, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #370 MOTION for Lara A. Flath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11968473. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 18, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #371 MOTION for Charles F. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11968550. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 17, 2016 Opinion or Order Filing 369 ORDER granting #366 Letter Motion for Leave to File Document. File redacted. Deliver unredacted to Chambers. (Signed by Judge P. Kevin Castel on 2/17/2016) (lmb)
February 16, 2016 Filing 368 SEALED DOCUMENT placed in vault.(rz)
February 16, 2016 Filing 367 NOTICE OF APPEARANCE by Marlo A. Pecora on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Pecora, Marlo)
February 16, 2016 Filing 366 LETTER MOTION for Leave to File Under Seal Certain Documents addressed to Judge P. Kevin Castel from Sean P. Baldwin dated February 16, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
February 12, 2016 Filing 365 DECLARATION of SEAN P. BALDWIN in Support re: #325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 25)(Baldwin, Sean)
February 12, 2016 Filing 364 REPLY MEMORANDUM OF LAW in Support re: #325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 12, 2016 Filing 363 REPLY MEMORANDUM OF LAW in Support re: #317 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF WILLIAM GREENE. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 12, 2016 Filing 362 REPLY MEMORANDUM OF LAW in Support re: #334 MOTION in Limine No.6 For An Adverse Inference. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 12, 2016 Filing 361 DECLARATION of Robert A. Fumerton in Support re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW., #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR., #312 MOTION in Limine NO. 1., #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN., #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Musoff, Scott)
February 12, 2016 Filing 360 REPLY MEMORANDUM OF LAW in Support re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 12, 2016 Filing 359 REPLY MEMORANDUM OF LAW in Support re: #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 12, 2016 Filing 358 REPLY MEMORANDUM OF LAW in Support re: #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 12, 2016 Filing 357 REPLY MEMORANDUM OF LAW in Support re: #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 12, 2016 Filing 356 REPLY MEMORANDUM OF LAW in Support re: #312 MOTION in Limine NO. 1. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 11, 2016 Filing 355 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 2.11.16 re: Courtesy Copies and the Filing of Unredacted Versions of the Brief and Supporting Papers Filed In Opposition to UBS's Motion In Limine No. 6.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
February 11, 2016 Filing 354 DECLARATION of SEAN P. BALDWIN in Opposition re: #334 MOTION in Limine No.6 For An Adverse Inference.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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 (UNREDACTED), #14 Exhibit 14)(Baldwin, Sean)
February 11, 2016 Filing 353 MEMORANDUM OF LAW in Opposition re: #334 MOTION in Limine No.6 For An Adverse Inference. UNREDACTED. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 11, 2016 Filing 352 SEALED DOCUMENT placed in vault.(mps)
February 11, 2016 Opinion or Order Filing 351 ORDER granting #349 Letter Motion for Leave to File Document. Application granted. (Signed by Judge P. Kevin Castel on 2/11/2016) (spo)
February 11, 2016 Filing 350 MEMO ENDORSEMENT on re: #348 Letter request to file under seal, filed by UBS Real Estate Securities Inc. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 2/10/2016) (spo)
February 11, 2016 Filing 349 LETTER MOTION for Leave to File Under Seal Certain Documents addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 2.11.16. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
February 10, 2016 Filing 348 LETTER addressed to Judge P. Kevin Castel from Robert A. Fumerton dated 2/10/16 Document filed by UBS Real Estate Securities Inc..(Fumerton, Robert)
February 9, 2016 Filing 347 DECLARATION of SEAN P. BALDWIN in Opposition re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW., #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR., #312 MOTION in Limine NO. 1., #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN., #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Baldwin, Sean)
February 9, 2016 Filing 346 DECLARATION of CHARLES D. COWAN in Opposition re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW., #312 MOTION in Limine NO. 1., #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN., #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR., #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 9, 2016 Filing 345 MEMORANDUM OF LAW in Opposition re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW., #312 MOTION in Limine NO. 1., #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN., #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR., #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 9, 2016 Filing 344 MEMORANDUM OF LAW in Opposition re: #317 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF WILLIAM GREENE. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 9, 2016 Filing 343 DECLARATION of Robert A. Fumerton in Opposition re: #325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Musoff, Scott)
February 9, 2016 Filing 342 MEMORANDUM OF LAW in Opposition re: #325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
February 5, 2016 Filing 341 DECLARATION of SEAN P. BALDWIN in Opposition re: #334 MOTION in Limine No.6 For An Adverse Inference.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Baldwin, Sean)
February 5, 2016 Filing 340 MEMORANDUM OF LAW in Opposition re: #334 MOTION in Limine No.6 For An Adverse Inference. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 4, 2016 Opinion or Order Filing 339 STIPULATION AND ORDER REGARDING AUTHENTICITY OF PARTY AND NON-PARTY DOCUMENTS: Absent evidence suggesting that a document is not what it purports to be, all documents that were both generated by a Party and produced by a Party from a Party' s own files in this Action, bearing Bates-stamps affixed by a Party, including but not limited to emails with attachments, databases, spreadsheets, and other electronic and hard copy documents, are authentic copies of those documents for purposes of Federal Rule of Evidence 901. And as set forth in this Stipulation. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/04/2016) (ama)
January 29, 2016 Opinion or Order Filing 338 MEMO ENDORSEMENT on re: #333 Letter filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: The Case is set for trial for April 18, 2016 at 10:00 a.m. as first back up to US v. Galanis, 15 Cr 643 (PKC). Final Pretrial Conference March 23, 2016 at 2 p.m. SO ORDERED., ( Final Pretrial Conference set for 3/23/2016 at 02:00 PM before Judge P. Kevin Castel., Jury Trial set for 4/18/2016 at 10:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/29/2016) (ama)
January 29, 2016 Filing 337 NOTICE OF APPEARANCE by Robert Alexander Fumerton on behalf of UBS Real Estate Securities Inc.. (Fumerton, Robert)
January 28, 2016 Filing 336 DECLARATION of Robert A. Fumerton in Support re: #334 MOTION in Limine No.6 For An Adverse Inference.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Musoff, Scott)
January 28, 2016 Filing 335 MEMORANDUM OF LAW in Support re: #334 MOTION in Limine No.6 For An Adverse Inference. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
January 28, 2016 Filing 334 MOTION in Limine No.6 For An Adverse Inference. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 28, 2016 Filing 333 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 1.28.16 re: Bench Trial. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 28, 2016 Filing 332 SEALED DOCUMENT placed in vault.(mps)
January 28, 2016 Filing 331 SEALED DOCUMENT placed in vault.(mps)
January 25, 2016 Opinion or Order Filing 330 ORDER granting #329 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/22/2016) (mro)
January 22, 2016 Filing 329 LETTER MOTION for Leave to File Under Seal Certain Exhibits to the Declaration of Sean P. Baldwin in Support of the Trusts' Motion To Exclude Certain Testimony of Deborah Grissom addressed to Judge P. Kevin Castel from Sean P. Baldwin dated January 22, 2016. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 21, 2016 Filing 328 DECLARATION of Robert A. Fumerton in Support re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW., #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR., #312 MOTION in Limine NO. 1., #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN., #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ.. Document filed by UBS Real Estate Securities 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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Musoff, Scott)
January 21, 2016 Filing 327 DECLARATION of SEAN BALDWIN in Support re: #325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Baldwin, Sean)
January 21, 2016 Filing 326 MEMORANDUM OF LAW in Support re: #325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
January 21, 2016 Filing 325 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF DEBORAH GRISSOM. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 21, 2016 Filing 324 MEMORANDUM OF LAW in Support re: #323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
January 21, 2016 Filing 323 MOTION in Limine NO. 5 TO EXCLUDE THE EXPERT TESTIMONY OF KARL N. SNOW. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 21, 2016 Filing 322 MEMORANDUM OF LAW in Support re: #320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
January 21, 2016 Filing 321 DECLARATION of SEAN P. BALDWIN in Support re: #317 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF WILLIAM GREENE.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Baldwin, Sean)
January 21, 2016 Filing 320 MOTION in Limine NO. 4 TO EXCLUDE THE EXPERT TESTIMONY OF CHARLES D. COWAN. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 21, 2016 Filing 319 MEMORANDUM OF LAW in Support re: #317 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF WILLIAM GREENE. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
January 21, 2016 Filing 318 MEMORANDUM OF LAW in Support re: #316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
January 21, 2016 Filing 317 MOTION in Limine NOTICE OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN TESTIMONY OF WILLIAM GREENE. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 21, 2016 Filing 316 MOTION in Limine NO. 3 TO EXCLUDE THE EXPERT TESTIMONY OF NELSON R. LIPSHUTZ. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 21, 2016 Filing 315 MEMORANDUM OF LAW in Support re: #314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
January 21, 2016 Filing 314 MOTION in Limine NO. 2 TO EXCLUDE THE EXPERT TESTIMONY OF IRA H. HOLT, JR. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 21, 2016 Filing 313 MEMORANDUM OF LAW in Support re: #312 MOTION in Limine NO. 1. . Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
January 21, 2016 Filing 312 MOTION in Limine NO. 1. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 21, 2016 Filing 311 MEMO ENDORSEMENT on re: #310 Letter request to file redacted version of the Holt Report, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 1/20/2016) (spo) Modified on 1/21/2016 (spo).
January 20, 2016 Filing 310 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 1.20.16 Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 14, 2016 Filing 309 NOTICE OF APPEARANCE by David Lawrence Elsberg on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Elsberg, David)
January 14, 2016 Filing 308 NOTICE OF APPEARANCE by Andrew Riggs Dunlap on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Dunlap, Andrew)
January 13, 2016 Opinion or Order Filing 307 MEMO ENDORSEMENT on re: #306 Letter filed by UBS Real Estate Securities Inc. ENDORSEMENT: Schedule adopted as Order of the Court. SO ORDERED. ( Motions due by 1/18/2016., Responses due by 2/9/2016, Replies due by 2/12/2016.) (Signed by Judge P. Kevin Castel on 1/13/2016) (mro)
January 11, 2016 Filing 306 JOINT LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff and Philippe Z. Selendy dated January 11, 2016 re: in Limine Motions. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
December 7, 2015 Opinion or Order Filing 305 MEMO ENDORSEMENT on re: #304 Letter, filed by UBS Real Estate Securities Inc. ENDORSEMENT: Application DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/7/2015) (mro)
November 30, 2015 Filing 304 LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated November 30, 2015 re: Plaintiffs' Request for an Additional Extension of the Discovery Schedule (ECF No. 303). Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
November 25, 2015 Filing 303 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 11.25.15 re: letter is in response to UBSs Letter ( Dkt. No. 300). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
November 25, 2015 Opinion or Order Filing 302 ORDER granting #300 Letter Motion for Extension of Time. Time for defendant's expert report extended to January 12, 2016. FINAL. (Signed by Judge P. Kevin Castel on 11/25/2015) (spo)
November 24, 2015 Filing 301 DECLARATION of Deborah Grissom in Support re: #300 LETTER MOTION for Extension of Time To Serve Rebuttal Expert Reports addressed to Judge P. Kevin Castel from Scott D. Musoff dated November 24, 2015.. Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
November 24, 2015 Filing 300 LETTER MOTION for Extension of Time To Serve Rebuttal Expert Reports addressed to Judge P. Kevin Castel from Scott D. Musoff dated November 24, 2015. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
November 9, 2015 Filing 299 NOTICE OF CHANGE OF ADDRESS by Deborah R Gross on behalf of Alexander Bakal, ESM Fund I, L. P., David Visher, sandra visher. New Address: KAUFMAN COREN & RESS PC, 2001 MARKET ST, SUITE 3900, PHILADELPHIA, Pennsylvania, United States 19103, 2157358700. (Gross, Deborah)
August 21, 2015 Set/Reset Deadlines: Motions due by 2/12/2016. (spo)
August 21, 2015 Opinion or Order Filing 298 ORDER: Defendant's application is DENIED without prejudice to renewal in a motion in limine submitted as part of the Final Pretrial Submissions which are to be fully briefed and submitted by February 12, 2016. Counsel is warned that this Order is not intended to imply any view on the relevance, probative value, efficacy or admissibility of any particular form of evidence or the suitability of any particular methodology, expert or otherwise. (As is further set forth in this Order.) (Signed by Judge P. Kevin Castel on 8/21/2015) (spo)
August 20, 2015 Filing 297 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated August 20, 2015 re: Response to UBS's Pre-Motion Letter for Conference dated August 17, 2015 #296 . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
August 17, 2015 Filing 296 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated August 17, 2015 re: Pre-Motion Letter for Conference. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
March 26, 2015 Filing 295 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRANSCRIPT proceeding held on 3/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 26, 2015 Filing 294 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 3/9/2015 before Judge P. Kevin Castel. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2015. Redacted Transcript Deadline set for 4/30/2015. Release of Transcript Restriction set for 6/29/2015.(McGuirk, Kelly)
March 20, 2015 Filing 293 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 20, 2015 Filing 292 TRANSCRIPT of Proceedings re: ARGUMENT held on 3/9/2015 before Judge Harold Baer. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/22/2015.(McGuirk, Kelly)
March 18, 2015 Opinion or Order Filing 291 MEMO ENDORSEMENT on re: #290 Letter regarding Expert Discovery Schedule, filed by UBS Real Estate Securities Inc. ENDORSEMENT: The scheduled proposed is adopted as the Order of this Court. Approved. (Signed by Judge P. Kevin Castel on 3/18/2015) (spo)
March 17, 2015 Filing 290 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated March 17, 2015 re: Expert Discovery Schedule. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
March 12, 2015 Opinion or Order Filing 289 ORDER granting #288 Motion for David A. Nelson to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
March 11, 2015 Filing 288 MOTION for David A. Nelson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10687801. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 IL - Certificate of Good Standing, #2 Proposed Order)(Nelson, David)
March 11, 2015 Opinion or Order Filing 287 ORDER: Familiarity is assumed with the plaintiffs' letter application of March 4, 2015, the defendant's submission of March 6, 2015 and the transcript of argument held on March 9, 2015. Plaintiffs in effect assert that when the late Judge Baer penned the words "I will allow sampling" (Memorandum Endorsement of April 1, 2013), they believed that he intended his Order to be read as approving plaintiffs' construction of the PSAs, their interpretations of New York law and their view that plaintiffs' experts may prudently dispense with testing a statistically significant sample of the Noticed Loans provided they sampled a statistically significant portion of all loans. The Court accepts that plaintiffs-sophisticated parties with sophisticated counsel-honestly believed the foregoing but they could not have reasonably believed it. Plaintiffs now seek to reopen expert discovery. In addition, plaintiffs lay out a proposed methodology for their expe1is and invite the Court to "approve the use of statistical sampling on the basis outlined above." (Pl. Letter of Mar. 4, 2015, at 3.) Plaintiffs present an alternative methodology, in the event the Court does not approve of their first choice. There are several problems with the invitation. Approval by the Court would either be a non-binding, advisory opinion, which, for the uninitiated, is not proper for a judge to issue, or it would be a binding ruling made on an inadequate record at the wrong juncture in the case, a shot from the judge's hip. And the invitation runs the risk of placing the judge in the role of partisan; it is no more appropriate than an application by defendant for advance approval of a methodology for defeating plaintiffs' claim. Prudent lawyers make predictive judgments and, because these judgments may prove wrong, they are prepared with alternative theories to prove their case; all of their eggs are not in one basket. Because of plaintiffs' belief in the import of the April 1, 2013 Order of the late Judge Baer and in the interests of justice, the Court will reopen expert discovery for a period to conclude on December 31, 2015. The extended period shall be divided equally between plaintiffs and defendant, and their counsel shall meet and confer on a schedule. The final pretrial conference and trial dates are vacated. Final Pretrial Submissions are due February 12, 2016. Until now, the undersigned has not seen the need to include a warning label on a judicial ruling. The Court does so now: The Court declines to "approve [or disapprove] the use of statistical sampling on the basis outlined.... " (Pl. Letter of Mar. 4, 2015, at 3.) Counsel is warned that in granting the extension, no ruling is intended or implied on the relevance, probative value, efficacy or admissibility of any particular form of evidence or the suitability of any particular methodology, expert or otherwise. (Signed by Judge P. Kevin Castel on 3/11/2015) (spo) Modified on 3/11/2015 (spo).
March 11, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #288 MOTION for David A. Nelson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10687801. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 9, 2015 Minute Entry for proceedings held before Judge P. Kevin Castel: Oral Argument held on 3/9/2015 re: #283 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. Court reserves decision. Appearing for plaintiffs: Sean P. Baldwin, Adam Abensohn and Paul Hughes. Appearing for defendant: Jay B. Kasner, Robert A. Fumerton and Alexander C. Drylewski. (Court Reporter Vincent Bologna) (Nacanther, Florence)
March 6, 2015 Filing 286 DECLARATION of Deborah Grissom re: #285 Letter . Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
March 6, 2015 Filing 285 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated 03/06/2015 re: Response To Letter (ECF No. 283). Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
March 6, 2015 Filing 284 NOTICE OF APPEARANCE by Harry Arthur Olivar on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Olivar, Harry)
March 4, 2015 Filing 283 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated March 4, 2015 re: Proposed Revised Expert Reports. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A - Lipshutz Declaration, #2 Exhibit B - Holt Declaration, #3 Exhibit C - Snow Declaration)(Baldwin, Sean)
March 4, 2015 Filing 282 JOINT LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner and Phillippe Z. Selendy dated March 4, 2015 re: Time Line of Settlement Discussions. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, UBS Real Estate Securities Inc..(Kasner, Jay)
February 26, 2015 Opinion or Order Filing 281 ORDER: I have reviewed the Order of July 2, 2014, the joint response of July 17, 2014, the joint response of August 26, 2014, the Order of October 10, 2014 and the letters of the defendant dated October 10, 2014 and of the plaintiffs dated October 13, 2014. It is a new day. The parties jointly and in writing should update by March 4, 2015 the time-line (but not content) of settlement discussions. See Order of July 2, 2014. The update should also state the parties' present willingness to proceed to private mediation without any precondition as to negotiating positions. (Signed by Judge P. Kevin Castel on 2/26/2015) (lmb)
February 25, 2015 Opinion or Order Filing 280 MEMORANDUM AND ORDER ON RECONSIDERATION denying #252 Motion for Reconsideration re #249 Order on Motion for Partial Summary Judgment. Having considered all of the arguments in the motion for clarification and reconsideration or, alternatively, to reopen expert discovery, the motion (Doc 252) is DENIED. In the event that a renewed application for the reopening of expert discovery is made as outline above, the Court will hear the patties on March 9, 2015 at 2 p.m. (Signed by Judge P. Kevin Castel on 2/25/2015) (spo) Modified on 2/25/2015 (spo).
February 25, 2015 Filing 279 REPLY MEMORANDUM OF LAW in Support re: #203 MOTION for Partial Summary Judgment . (Unredacted Sur-Reply). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 25, 2015 Filing 278 DECLARATION of Robert A. Fumerton in Support re: #227 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Summary Judgment .. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 25, 2015 Filing 277 MEMORANDUM OF LAW in Opposition re: #203 MOTION for Partial Summary Judgment . (Unredacted Sur-Reply). Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 25, 2015 Filing 276 RULE 56.1 STATEMENT. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 25, 2015 Filing 275 DECLARATION of Arnold Barnett, Ph.D. in Opposition re: #203 MOTION for Partial Summary Judgment .. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
February 25, 2015 Filing 274 DECLARATION of Deborah Grissom in Opposition re: #203 MOTION for Partial Summary Judgment .. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
February 25, 2015 Filing 273 DECLARATION of Robert A. Fumerton in Opposition re: #203 MOTION for Partial Summary Judgment .. Document filed by UBS Real Estate Securities 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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Kasner, Jay)
February 25, 2015 Filing 272 MEMORANDUM OF LAW in Opposition re: #203 MOTION for Partial Summary Judgment . (Unredacted). Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 25, 2015 Filing 271 RULE 56.1 STATEMENT. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 25, 2015 Filing 270 REPLY MEMORANDUM OF LAW in Support re: #192 MOTION for Partial Summary Judgment. (Unredacted). Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 25, 2015 Filing 269 DECLARATION of Robert A. Fumerton in Support re: #192 MOTION for Partial Summary Judgment.. Document filed by UBS Real Estate Securities 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)(Kasner, Jay)
February 25, 2015 Filing 268 MEMORANDUM OF LAW in Support re: #192 MOTION for Partial Summary Judgment. (Unredacted). Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
February 23, 2015 Filing 267 DECLARATION of Sean P. Baldwin in Support re: #203 MOTION for Partial Summary Judgment .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A)(Baldwin, Sean)
February 23, 2015 Filing 266 REPLY MEMORANDUM OF LAW in Support re: #203 MOTION for Partial Summary Judgment . Unredacted Reply Memorandum of Law in Further Support re: Dkt # 203 in Response to Order dated February 20, 2015. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 23, 2015 Filing 265 MEMORANDUM OF LAW in Opposition re: #192 MOTION for Partial Summary Judgment. Unredacted Memorandum of Law in Opposition re: Dkt # 192 in Response to Order dated Feb. 20, 2015. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 23, 2015 Filing 264 RULE 56.1 STATEMENT. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 23, 2015 Filing 263 DECLARATION of Sean P. Baldwin in Support re: #203 MOTION for Partial Summary Judgment .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1 - 2, #2 Exhibit 3 - 5 Part 5, #3 Exhibit 5 Part 6 - 5 Part 7, #4 Exhibit 5 Part 8 - 10, #5 Exhibit 11 - 15, #6 Exhibit 16 - 22, #7 Exhibit 23 - 32, #8 Exhibit 33 - 41, #9 Exhibit 42 - 51, #10 Exhibit 52 - 57, #11 Exhibit 58 - 63, #12 Exhibit 64 - 69, #13 Exhibit 70 - 75, #14 Exhibit 76 - 87, #15 Exhibit 88 - 101, #16 Exhibit 102 - 115, #17 Exhibit 116 - 135, #18 Exhibit 136 - 146)(Baldwin, Sean)
February 23, 2015 Filing 262 MEMORANDUM OF LAW in Support re: #203 MOTION for Partial Summary Judgment . Unredacted Memorandum of Law in Support re: Dkt # 203 in Response to Order dated February 20, 2015. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 23, 2015 Filing 261 RULE 56.1 STATEMENT. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 23, 2015 Opinion or Order Filing 260 ORDER: In an order of January 9, 2015, this Court directed the parties to show cause in writing why they should not be ordered to file unredacted versions of their summary judgment submissions on this Court's ECF system as further set forth in this order. Because the privacy interests raised by such information outweighs the interest of public disclosure, it is appropriate for Exhibit 145 of the Baldwin Declaration to remain under seal. There is both a common-law and qualified First Amendment right of public access to judicial documents. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). "[D]ocuments used by parties moving for, or opposing, summary judgment should not remain under seal absent the most compelling reasons." Id. at 123. As a matter of law, documents submitted at summary judgment are judicial documents. Id. at 121, 123. "[T]he weight to be given the presumption of access must be governed by the role of the material at issue in the exercise of Article III judicial power and the resultant value of such information to those monitoring the federal courts." Id. at 119. Courts may weigh the presumption of disclosure against "countervailing factors," including "the privacy interests of those resisting disclosure." Id. at 120 (quotation marks omitted). The sensitive personal information contained in Exhibit 145 is of minimal public interest, and the privacy interests in those materials is high. Exhibit 145 of the Baldwin Declaration may therefore remain under seal. The parties are directed to file on the Court's ECF system unsealed and unredacted versions of their summary judgment papers no later than February 27, 2015, with the exception Exhibit 145 to the Baldwin Declaration, which shall remain under seal. (Signed by Judge P. Kevin Castel on 2/20/2015) (lmb)
February 13, 2015 Filing 259 REPLY MEMORANDUM OF LAW in Support re: #252 MOTION for Reconsideration re; #249 Order on Motion for Partial Summary Judgment,,, . . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
February 13, 2015 Filing 258 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 2.13.15 re: Response to the Courts Order dated January 8, 2015 (Dkt. No. 251). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
February 13, 2015 Filing 257 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated February 13, 2015 re: Court's order dated January 9, 2015. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
February 6, 2015 Filing 256 MEMORANDUM OF LAW in Opposition re: #252 MOTION for Reconsideration re; #249 Order on Motion for Partial Summary Judgment,,, . . Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
January 26, 2015 Filing 255 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 1.26.15 Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 23, 2015 Filing 254 DECLARATION of Sean P. Baldwin in Support re: #252 MOTION for Reconsideration re; #249 Order on Motion for Partial Summary Judgment,,, .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Baldwin, Sean)
January 23, 2015 Filing 253 MEMORANDUM OF LAW in Support re: #252 MOTION for Reconsideration re; #249 Order on Motion for Partial Summary Judgment,,, . . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
January 23, 2015 Filing 252 MOTION for Reconsideration re; #249 Order on Motion for Partial Summary Judgment,,, . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 9, 2015 Opinion or Order Filing 251 ORDER: The parties are directed to show cause in writing, no later than February 13, 2015, why they ought not be ordered to file unredacted versions of the summary judgment submissions on the Court's ECF system. (Signed by Judge P. Kevin Castel on 1/9/2015) (lmb)
January 9, 2015 Opinion or Order Filing 250 ORDER: The trial of this action will commence on May 4, 2015 at 10 a.m. The Final Pretrial Conference will be April 10, 2015 at 2:30 p.m. All final pretrial submissions consisting of voir dire requests, proposed jury instruction, a verdict form, a Joint Pretrial Order (see Individual Practices) and fully submitted in limine motions, if any, shall be filed by March 20, 2015., ( Final Pretrial Conference set for 4/10/2015 at 02:30 PM before Judge P. Kevin Castel., Jury Trial set for 5/4/2015 at 10:00 AM before Judge P. Kevin Castel.), ( Motions due by 3/20/2015., Pretrial Order due by 3/20/2015.) (Signed by Judge P. Kevin Castel on 1/9/2015) (lmb)
January 9, 2015 Opinion or Order Filing 249 MEMORANDUM AND ORDER granting in part and denying in part #192 Motion for Partial Summary Judgment; granting in part and denying in part #203 Motion for Partial Summary Judgment. For the foregoing reasons, the parties' motions for summary judgment are granted in part and denied in part. The Clerk is directed to terminate the motions. (Docket # 192, 203.) (Signed by Judge P. Kevin Castel on 1/9/2015) (lmb)
December 18, 2014 Filing 248 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Group AG for UBS Real Estate Securities Inc.. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
October 13, 2014 Filing 247 LETTER addressed to Judge P. Kevin Castel from Philippe Selendy dated October 13, 2014 re: Response to the Court's Order dated October 10, 2014. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Selendy, Philippe)
October 10, 2014 Filing 246 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated October 10, 2014 re: Mediation before a Private Mediator. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
October 10, 2014 Opinion or Order Filing 245 MEMO ENDORSEMENT on re: #244 Letter filed by UBS Real Estate Securities Inc. ENDORSEMENT: All parties including UBS RESI should respond to this Order. Each party should state whether they are prepared to proceed with a private mediation (not where or who but whether). If the parties are not prepared to proceed with private mediation, why should I waste a Magistrate Judge's time? Respond by October 13., ( Responses due by 10/13/2014.) (Signed by Judge P. Kevin Castel on 10/10/2014) (lmb)
October 10, 2014 Filing 244 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated 10/10/2014 re: Settlement Discussions. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
September 18, 2014 Filing 243 MEMO ENDORSEMENT on re: #242 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: The pending motions are sub judice. No conference is needed at this time. (Signed by Judge P. Kevin Castel on 9/17/2014) (lmb)
September 17, 2014 Filing 242 LETTER addressed to Judge P. Kevin Castel from Philippe Selendy dated 09/17/14 re: settlement discussions and case schedule. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Selendy, Philippe)
July 14, 2014 Filing 241 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 7.14.14 re: Plaintiffs Sur-Reply in Further Support to Their Motion for Partial Summary Judgment. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
July 14, 2014 Filing 240 REPLY to Response to Motion re: #203 MOTION for Partial Summary Judgment . SUPPLEMENTAL MEMORANDUM OF LAW in Further Support (Redacted). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
July 11, 2014 Filing 239 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated July 11, 2014 re: UBS Real Estate Securities Inc.'s Sur-Reply in Further Opposition to Plaintiffs' Motion For Summary Judgment. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
July 11, 2014 Filing 238 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #203 MOTION for Partial Summary Judgment . (REDACTED). Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
July 2, 2014 Opinion or Order Filing 237 ORDER granting #227 Motion for Leave to File Document; granting #229 Motion for Leave to File Document: During the week of July 7, 2014, lead counsel for plaintiffs and for defendant shall meet face-to-face for no less than one hour to discuss a path to eventual settlement, as further set forth in this order. By July 17, 2014, counsel shall transmit to the undersigned a joint letter outlining the time-line (but not content) of discussions on the subject of settlement, the participants, including the names of the client representatives and attorneys participating in the discussions, and whether the parties are in agreement that a private mediator should be retained. No settlement positions should be disclosed. The letter may be faxed to Chambers. Separately, defendant seeks leave to file a sur-reply. (Doc 227.) Plaintiffs, without having seen the defendant's sur-reply, reflexively seeks to file a sur-sur-reply to any surreply. (Doc 229.) Both motions are granted. Defendant's to be filed by July 11, 2014 and plaintiffs' by July 18, 2014. Thereafter, every three days the parties may alternate with sur-sur-sur and sur-sur-sur-sur replies, etc. until the sooner of (1) the clients coming to their senses and telling the lawyers to stop; or (2) August 1, 2014. (Signed by Judge P. Kevin Castel on 7/2/2014) (tn)
July 2, 2014 Set/Reset Deadlines: Surreplies due by 8/1/2014. (tn)
June 30, 2014 Filing 236 LETTER addressed to Judge P. Kevin Castel from Jay B. Kasner dated June 30, 2014 re: UBS Real Estate Securities Inc.'s Motion For Partial Summary Judgment. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
June 30, 2014 Filing 235 LETTER addressed to Judge P. Kevin Castel from Sean P. Baldwin dated 6.30.14 Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 27, 2014 NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Alison J. Nathan is no longer assigned to the case. (pgu)
June 23, 2014 Filing 234 LETTER addressed to Judge Alison J. Nathan from Jay B. Kasner dated June 23. 2014 re: UBS Real Estate Securities Inc.'s Motion For Partial Summary Judgment. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
June 20, 2014 Filing 233 LETTER addressed to Judge Alison J. Nathan from Sean P. Baldwin dated 6.20.14 re: courtesy copies of summary judgment briefing. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 18, 2014 NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Harold Baer is no longer assigned to the case. (pgu)
June 9, 2014 Opinion or Order Filing 232 MEMO ENDORSEMENT on re: #231 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Counsel shall confer and inform the court by letter whether all parties do or do not consent to proceeding before Judge Francis for all purposes. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/6/2014) (ajs)
June 5, 2014 Filing 231 LETTER addressed to Judge Loretta A. Preska from Sean P. Baldwin dated June 5, 2014 re: Referral of motions for summary judgment. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 4, 2014 Filing 230 DECLARATION of SEAN P. BALDWIN in Support re: #229 MOTION for Leave to File SUR-REPLY IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT., #227 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Summary Judgment .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1)(Baldwin, Sean)
June 4, 2014 Filing 229 MOTION for Leave to File SUR-REPLY IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
June 2, 2014 Filing 228 DECLARATION of Robert A. Fumerton in Support re: #227 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Summary Judgment .. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit 1)(Kasner, Jay)
June 2, 2014 Filing 227 MOTION for Leave to File Sur-Reply In Opposition To Plaintiffs' Motion For Summary Judgment . Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
May 30, 2014 Filing 226 DECLARATION of Sean P. Baldwin in Support re: #203 MOTION for Partial Summary Judgment .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A)(Baldwin, Sean)
May 30, 2014 Filing 225 REPLY MEMORANDUM OF LAW in Support re: #203 MOTION for Partial Summary Judgment . . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
May 30, 2014 Filing 224 RESPONSE re: #220 Rule 56.1 Statement . Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
May 30, 2014 Filing 223 REPLY MEMORANDUM OF LAW in Support re: #192 MOTION for Partial Summary Judgment. . Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
May 19, 2014 Filing 222 LETTER addressed to Judge Harold Baer from Jay B. Kasner dated 5/19/14 re: Under Seal Documents. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
May 16, 2014 Filing 221 LETTER addressed to Judge Harold Baer from SEAN P. BALDWIN dated 5.16.14 re: FILE DOCUMENTS UNDER SEAL. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Selendy, Philippe)
May 16, 2014 Filing 220 RULE 56.1 STATEMENT. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Selendy, Philippe)
May 16, 2014 Filing 219 DECLARATION of KARL N. SNOW in Opposition re: #192 MOTION for Partial Summary Judgment.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Selendy, Philippe)
May 16, 2014 Filing 218 DECLARATION of SEAN P. BALDWIN in Opposition re: #192 MOTION for Partial Summary Judgment.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Selendy, Philippe)
May 16, 2014 Filing 217 MEMORANDUM OF LAW in Opposition re: #192 MOTION for Partial Summary Judgment. . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Selendy, Philippe)
May 16, 2014 Filing 216 DECLARATION of Deborah Grissom in Opposition re: #203 MOTION for Partial Summary Judgment .. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
May 16, 2014 Filing 215 DECLARATION of Arnold Barnett, PH.D. in Opposition re: #203 MOTION for Partial Summary Judgment .. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
May 16, 2014 Filing 214 DECLARATION of Robert A. Fumerton in Opposition re: #203 MOTION for Partial Summary Judgment .. Document filed by UBS Real Estate Securities 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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Kasner, Jay)
May 16, 2014 Filing 213 RESPONSE re: #205 Rule 56.1 Statement . Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
May 16, 2014 Filing 212 MEMORANDUM OF LAW in Opposition re: #203 MOTION for Partial Summary Judgment . . Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
May 13, 2014 Filing 211 MEMO ENDORSEMENT on re: #208 Letter filed by UBS Real Estate Securities Inc. ENDORSEMENT: Records requested sealed may be sealed with the caveat that yours or the plaintiffs may be opened after notice to the parties and a chance to explain why not. (Signed by Judge Harold Baer on 5/13/2014) (lmb)
May 12, 2014 Filing 210 MEMO ENDORSEMENT on re: #209 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: The documents that you request be filed under seal will be filed under seal but may be opened by me on notice to the parties. (Signed by Judge Harold Baer on 5/12/2014) (lmb)
April 28, 2014 Filing 209 LETTER addressed to Judge Harold Baer from Sean P. Baldwin dated 4.28.14 re: Under Seal Filing. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 28, 2014 Filing 208 LETTER addressed to Judge Harold Baer from Jay B. Kasner dated April 28, 2014 re: Under Seal Filing. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
April 27, 2014 Filing 207 LETTER addressed to Judge Harold Baer from Sean P. Baldwin dated April 25, 2014 re: Plaintiffs' Motion For Partial Summary Judgment. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 27, 2014 Filing 206 DECLARATION of Sean P. Baldwin in Support re: #203 MOTION for Partial Summary Judgment .. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - 45, #5 Exhibit 46 - 52, #6 Exhibit 53 - 58, #7 Exhibit 59 - 63, #8 Exhibit 64 - 69, #9 Exhibit 70 - 75, #10 Exhibit 76 - 86, #11 Exhibit 87 - 98, #12 Exhibit 99 - 111, #13 Exhibit 112 - 146)(Baldwin, Sean)
April 27, 2014 Filing 205 RULE 56.1 STATEMENT. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
April 27, 2014 Filing 204 MEMORANDUM OF LAW in Support re: #203 MOTION for Partial Summary Judgment . . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean)
April 27, 2014 Filing 203 MOTION for Partial Summary Judgment . Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 27, 2014 Filing 202 MEMORANDUM OF LAW in Support re: #192 MOTION for Partial Summary Judgment. (REDACTED). Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
April 25, 2014 Filing 201 DECLARATION of Sean P. Baldwin in Support re: #196 MOTION for Partial Summary Judgment.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - 45, #5 Exhibit 46 - 52, #6 Exhibit 53 - 58, #7 Exhibit 59 - 63, #8 Exhibit 64 - 69, #9 Exhibit 70 - 75, #10 Exhibit 76 - 86, #11 Exhibit 87 - 98)(Baldwin, Sean)
April 25, 2014 Filing 200 LETTER addressed to Judge Harold Baer from Jay B. Kasner dated April 25, 2014 re: Defendant's Motion For Partial Summary Judgment. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
April 25, 2014 Filing 199 FILING ERROR - DEFICIENT DOCKET ENTRY - (LINKED TO A DEFICIENT DOCKET ENTRY) DECLARATION of Robert A. Fumerton in Support re: #192 MOTION for Partial Summary Judgment.. Document filed by UBS Real Estate Securities 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)(Kasner, Jay) Modified on 4/29/2014 (lb).
April 25, 2014 Filing 198 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #204) MEMORANDUM OF LAW in Support re: #196 MOTION for Partial Summary Judgment.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean) Modified on 4/29/2014 (lb).
April 25, 2014 Filing 197 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #205) RULE 56.1 STATEMENT. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Baldwin, Sean) Modified on 4/29/2014 (lb).
April 25, 2014 Filing 196 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #203) MOTION for Partial Summary Judgment. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean) Modified on 4/29/2014 (lb).
April 25, 2014 Filing 195 DECLARATION of John Lantz in Support re: #192 MOTION for Partial Summary Judgment.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
April 25, 2014 Filing 194 RULE 56.1 STATEMENT. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
April 25, 2014 Filing 193 MEMORANDUM OF LAW in Support re: #192 MOTION for Partial Summary Judgment.. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
April 25, 2014 Filing 192 MOTION for Partial Summary Judgment. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
April 23, 2014 Opinion or Order Filing 191 MEMO ENDORSEMENT on re: #189 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Application denied. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/23/2014) (kgo)
April 23, 2014 Opinion or Order Filing 190 MEMO ENDORSEMENT on re: #185 Letter filed by UBS Real Estate Securities Inc.. ENDORSEMENT: That is correct. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/23/2014) (kgo)
April 23, 2014 Filing 189 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated April 23, 2014 re: Response to letter from UBS dated April 23, 2014. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 23, 2014 Filing 188 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated April 23, 2014 re: Response to U.S. Bank's Letter Dated April 22, 2014. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
April 22, 2014 Filing 187 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated 04.22.14 re: UBSs letter dated April 22, 2014 regarding the Courts April 21, 2014 Order. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
April 22, 2014 Opinion or Order Filing 186 ORDER denying #182 Letter Motion for Leave to File Excess Pages. Denied as to you both. (Signed by Judge Harold Baer on 4/22/2014) (lmb)
April 22, 2014 Filing 185 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated April 22, 2014 re: Court's April 21, 2014 Order. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
April 21, 2014 Set/Reset Deadlines: Deposition due by 5/30/2014. (djc)
April 21, 2014 Filing 184 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated April 21, 2014 re: Response to UBS Real Estate Sec. Inc.'s April 21, 2014 Letter. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A)(Baldwin, Sean)
April 21, 2014 Filing 183 MEMO ENDORSEMENT on re: #179 Letter, filed by Master Adjustable Rate Mortgages Trust 2006-OA2, Master Adjustable Rate Mortgages Trust 2007-1, Master Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Application granted. It is apparent from the letter of March 28, 2014 from Joseph Orbach to Paul Riley that U.S. Bank had no reason to know that the recently-revealed information was still extant and therefore, no reason to have sought to enforce its subpoena. The revised schedule set forth above, is adopted. Any renewed deposition of Ira Holt Jr. or any other expert who submits a supplemental report shall not be limited to seven hours and may address issues relevant to the original as well as the supplemental reports. (Signed by Magistrate Judge James C. Francis, IV on 4/21/2014) (djc) Modified on 4/22/2014 (djc).
April 21, 2014 Filing 182 LETTER MOTION for Leave to File Excess Pages addressed to Judge Harold Baer from Jay B. Kasner dated April 21, 2014. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
April 21, 2014 Filing 181 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 4/21/14 re: Response to U.S. Bank's April 17, 2014 Letter. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
April 17, 2014 Opinion or Order Filing 180 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 4/16/2014 re: On behalf of defendant UBS Real Estate Securities Inc. ("UBS RESI") in the above referenced action, we write to respectfully request that the Court: (1) reject U.S. Bank's latest attempt to serve yet another round of supplemental expert reports months after the deadline for its expert reports has passed, and (2) compel U.S. Bank's reunderwriting expert, Mr. Ira Holt, Jr., to appear for his scheduled deposition on Friday, April 18, 2014. ENDORSEMENT: The deposition of Mr. Holt shall go forward as scheduled and as U.S. Bank has agreed. The issue of whether U.S. Bank may supplement his report, necessitating a further deposition, will be decided in due course. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/17/2014) (ama)
April 17, 2014 Filing 179 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated 04/17/2014 re: MASTR Adjustable Rate Mortgages Trust 2006-OA2, et al. (Trusts) v. UBS Real Estate Sec. Inc. (UBS), 12 Civ. 7322 (HB)(JCF). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Baldwin, Sean)
April 16, 2014 Filing 178 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated April 16, 2014 re: Preclude Supplemental Expert Reports from Plaintiffs. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
April 3, 2014 Filing 177 NOTICE OF APPEARANCE by Thomas Jerome Nolan on behalf of UBS Real Estate Securities Inc.. (Nolan, Thomas)
February 18, 2014 Filing 176 MEMO ENDORSEMENT on re: #174 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Application granted as modified. Any request to adjourn the trial date must be addressed to Judge Baer. (Deposition due by 4/30/2014, Motions due by 4/25/2014, Responses due by 5/16/2014, Replies due by 5/30/2014, Ready for Trial by 8/1/2014.) (Signed by Magistrate Judge James C. Francis on 2/18/2014) (tn)
February 17, 2014 Filing 175 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated February 14, 2014 re: Scheduling. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
February 17, 2014 Filing 174 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated February 14, 2014 re: Scheduling. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A)(Baldwin, Sean)
February 10, 2014 Filing 173 LETTER addressed to Magistrate Judge James C. Francis IV from David Spears dated 2/6/14 re: Counsel for UBS Real Estate Securities, Inc. writes in response to Ms. Cohen's 2/5/14 letter to the Court. Document filed by UBS Real Estate Securities Inc. ***Accepted for filing as a docket and file by Chambers. (mro)
February 10, 2014 Filing 172 LETTER addressed to Magistrate Judge James C. Francis IV from Lisa C. Cohen dated 2/5/14 re: Counsel for Wales LLC and UFREN, LLC writes regarding this Court's 2/4/14 Order. ***Accepted for filing as a docket and file by Chambers. (mro)
February 6, 2014 Opinion or Order Filing 171 MEMORANDUM AND ORDER: that the motion to compel filed by UBS Real Estate Securities Inc. ("UBS") is therefore denied. The Non-party Certificateholders ask that I order UBS to pay the costs and fees incurred in litigating the issues associated with the subject subpoenas, arguing that the demands incorporated in the subpoenas "clearly ran afoul" of the Court's June 24, 2013 Order ("June 24 Order"). (Cohen Letter at 2). I decline the invitation, as further set forth in this Order. (Signed by Magistrate Judge James C. Francis on 2/6/2014) Copies Mailed By Chambers. (tn)
February 4, 2014 Opinion or Order Filing 170 ORDER: that within two days of the date of this Order, Wales LLC and UFREN, LLC, are directed to inform the Court whether they have performed any such analyses and whether they have possession, custody, or control over any documents reflecting such analyses. (Signed by Magistrate Judge James C. Francis on 2/4/2014) Copies Mailed By Chambers. (tn)
February 3, 2014 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 2/3/2014. (Bacchus, Michael)
January 29, 2014 Opinion or Order Filing 169 ORDER granting #168 Letter Motion for Extension of Time. The deadline for submitting expert reports is extended to February 7, 2014. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
January 28, 2014 Filing 168 JOINT LETTER MOTION for Extension of Time To The Deadline By Which Each Party Is Required To Disclose Experts and Expert Report Topics addressed to Magistrate Judge James C. Francis IV from Philippe Z. Selendy and Scott D. Musoff dated 01/28/2014. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 17, 2014 Filing 167 SEALED DOCUMENT placed in vault.(nm)
January 16, 2014 Filing 166 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 12/20/2013 Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Musoff, Scott)
January 16, 2014 Filing 165 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 12/13/2013 Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Musoff, Scott)
January 16, 2014 Filing 164 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 11/22/2013 Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
January 15, 2014 Filing 163 SEALED DOCUMENT placed in vault.(mps)
January 15, 2014 Filing 162 SEALED DOCUMENT placed in vault.(mps)
January 14, 2014 Filing 161 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated 12.16.13 Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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 Errata I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Baldwin, Sean)
January 14, 2014 Filing 160 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated 11.13.13 Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (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)(Baldwin, Sean)
January 14, 2014 Filing 159 LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated 11.25.13 Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baldwin, Sean)
January 10, 2014 Filing 158 MEMO ENDORSEMENT on re: #157 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Application granted. (Deposition due by 4/30/2014, Fact Discovery due by 2/7/2014, Motions due by 4/25/2014, Responses due by 5/16/2014, Replies due by 5/30/2014, Ready for Trial by 8/1/2014.) (Signed by Magistrate Judge James C. Francis on 1/10/2014) (tn)
January 10, 2014 Filing 157 LETTER addressed to Magistrate Judge James C. Francis IV from Philippe Z. Selendy and Jay B. Kasner dated January 10, 2014 re: Revised Schedule. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Baldwin, Sean)
January 7, 2014 Opinion or Order Filing 156 ORDER: that the parties shall file unredacted copies of the relevant documents under seal. In addition, redacted copies shall be filed via ECF. Within ten days of the date of this order, plaintiffs shall file the following documents: 1. Letter of Sean P. Baldwin dated November 13, 2013, with accompanying exhibits; 2. Letter of Sean P. Baldwin dated November 25, 2013, with accompanying exhibits; 3. Letter of Sean P. Baldwin dated December 16, 2013, with accompanying exhibits. Also within ten days of the date of this order, defendant shall file the following documents: 1. Letter of Scott D. Musoff dated November 22, 2013; 2. Letter of Scott D. Musoff dated December 13, 2013; 3. Letter of Scott D. Musoff dated December 20, 2013, with accompanying exhibits. (Signed by Magistrate Judge James C. Francis on 1/7/2014) Copies E-Mailed By Chambers. (tn) (Main Document 156 replaced on 1/7/2014) (tn). Modified on 1/7/2014 (tn).
January 2, 2014 Opinion or Order Filing 155 MEMORANDUM AND ORDER: UBS shall produce the documents outlined above within one week of the date of this order. Also within one week, UBS shall re-review, using the discussion above as guidance, documents created by Navigant relating to analyses of loans for which repurchase demands have been made and produce any that are not protected. (Signed by Magistrate Judge James C. Francis on 1/2/2014) Copies Mailed By Chambers. (tn)
December 27, 2013 Opinion or Order Filing 154 OPINION AND ORDER: #103848 I have considered the parties' remaining arguments and find them to be without merit. For the foregoing reasons, Judge Francis's Order is affirmed. SO ORDERED (Signed by Judge Harold Baer on 12/27/2013) (ama) Modified on 12/30/2013 (ca).
December 20, 2013 Filing 153 SEALED DOCUMENT placed in vault.(nm)
December 20, 2013 Filing 152 LETTER addressed to Judge Harold Baer from Scott D. Musoff dated 12/20/13 re: U.S. Bank's "Proposed Opinion & Order". Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Counter-Proposed Order)(Musoff, Scott)
December 20, 2013 Filing 151 LETTER addressed to Judge Harold Baer from Jay B. Kasner dated 12/20/2013 re: December 12, 2013 Hearing. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Kasner, Jay)
December 18, 2013 Filing 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
December 18, 2013 Filing 149 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/12/2013 before Judge Harold Baer. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2014. Redacted Transcript Deadline set for 1/24/2014. Release of Transcript Restriction set for 3/21/2014.(Rodriguez, Somari)
December 10, 2013 Filing 148 LETTER addressed to Judge Harold Baer from Scott D. Musoff dated December 10, 2013 re: Deposition Testimony of Joseph P. Wagner. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A)(Musoff, Scott)
December 10, 2013 Filing 147 SEALED DOCUMENT placed in vault.(nm)
December 6, 2013 Opinion or Order Filing 146 MEMORANDUM AND ORDER: UBS shall therefore produce, within seven days of the date of this order, a random sample of 50 documents for my review in camera. The sample shall be taken from those documents included within categories 4, 5, and 7 of the JCIII Privilege Log. (Signed by Magistrate Judge James C. Francis on 12/6/2013) Copies Mailed By Chambers. (tn)
November 27, 2013 Filing 145 LETTER addressed to Judge Harold Baer from Scott D. Musoff dated November 27, 2013 re: Under Seal Filing. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
November 27, 2013 Filing 144 DECLARATION of Scott D. Musoff in Support re: #134 Objection (non-motion). Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31)(Musoff, Scott)
November 27, 2013 Filing 143 REPLY MEMORANDUM OF LAW in Support re: #134 Objection (non-motion). Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
November 22, 2013 Filing 142 LETTER addressed to Judge Harold Baer from Michael A. Collyard dated November 22, 2013 re: Trustee U.S. Bank's Memorandum of Law in Opposition to UBS's Objection to Magistrate Judge James C. Francis IV's Memorandum and Order Denying UBS's Motion for Imposition of Sanctions for Spoliation of Evidence (Dkt. 141). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit Excerpts from the August 21, 2013 Hearing)(Collyard, Michael)
November 21, 2013 Filing 141 MEMORANDUM OF LAW in Opposition to UBS's Objection to Magistrate Judge James C. Francis IV's Memorandum and Order Denying UBS's Motion for Imposition of Sanctions for Spoliation of Evidence. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael)
November 20, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Collyard, Michael to RE-FILE Document #139 Appeal of Magistrate Judge Decision to District Court,. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. (nd)
November 20, 2013 Filing 140 DECLARATION of Michael A. Collyard in Opposition re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit, #2 Exhibit)(Collyard, Michael)
November 20, 2013 Filing 139 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #134 Objection (non-motion). Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael) Modified on 11/21/2013 (nd).
November 18, 2013 Filing 138 SEALED DOCUMENT placed in vault.(nm)
November 15, 2013 Opinion or Order Filing 137 MEMO ENDORSEMENT on re: #136 Letter filed by UBS Real Estate Securities Inc. ENDORSEMENT: File unredacted version under seal. Oral argument December 12, 2013. SO ORDERED.(Signed by Judge Harold Baer on 11/15/2013) (ama)
November 6, 2013 Filing 136 LETTER addressed to Judge Harold Baer from Scott D. Musoff dated November 6, 2013 re: Under Seal Filing. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
November 6, 2013 Filing 135 DECLARATION of Scott D. Musoff in Support re: #134 Objection (non-motion). Document filed by UBS Real Estate Securities 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, #14 Exhibit 14, #15 Exhibit 15)(Musoff, Scott)
November 6, 2013 Filing 134 Objection re: #131 Order on Motion for Sanctions,. Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
November 4, 2013 Opinion or Order Filing 133 ORDER granting #132 Letter Motion for Extension of Time. The remaining JCIII documents shall be produced on a rolling basis, with production completed by November 15, 2013. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
November 1, 2013 Filing 132 LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 11/1/2013. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
October 23, 2013 Opinion or Order Filing 131 MEMORANDUM AND ORDER denying #79 Motion for Sanctions: For these reasons, UBS' motion for sanctions for spoliation of evidence (Docket no. 79) is denied. (Signed by Magistrate Judge James C. Francis on 10/23/2013) Copies Mailed By Chambers. (tn)
October 21, 2013 Opinion or Order Filing 130 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Sean P. Baldwin dated 10/8/2013 re: The Trustee for the Trusts request that the Court order UBS to complete its privilege review by October 15, 2013, and that the Court further direct that JCIII's loan-by-loan analyses are neither privileged nor attorney work product and must be produced to the Trusts. ENDORSEMENT: UBS shall fully comply with my September 27, 2013 Order by producing all non-privileged "documents of a similar nature" by October 25, 2013. All non-privileged documents subpoenaed from JCIII shall be produced by November 1, 2013. (Response to Request to Production of Documents due by 11/1/2013.) (Signed by Magistrate Judge James C. Francis on 10/21/2013) (tn)
October 17, 2013 Opinion or Order Filing 129 MEMO ENDORSEMENT re: #127 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, UBS Real Estate Securities Inc., Mastr Adjustable Rate Mortgages Trust 2007-3. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 10/17/2013) (ja)
October 15, 2013 Opinion or Order Filing 128 MEMORANDUM AND ORDER: UBS is ordered to review, once again, the files of the Repurchase Custodians. Within one week of the date of this Order, the parties shall meet and confer regarding the expansion of the search terms to be used in this review. The request for an extension of time to complete discovery, on which I deferred ruling (Sept. 12 Order at 14), is denied as moot (Memorandum Endorsement dated Sept. 16, 2013). (Signed by Magistrate Judge James C. Francis on 10/15/2013) Copies Mailed By Chambers. (tn)
October 15, 2013 Filing 127 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff and Sean P. Baldwin dated October 15, 2013 re: Modification to the deadline by which either party is authorized to assert claims against third parties.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, UBS Real Estate Securities Inc..(Musoff, Scott)
October 7, 2013 Opinion or Order Filing 126 ORDER granting in part and denying in part #125 Letter Motion for Extension of Time. UBS' time to produce the requested material or indicate that the Department of Justice has precluded such disclosure is extended for two weeks; UBS shall submit a status letter at that time and every two weeks thereafter until the issue is resolved. Status Report due by 10/21/2013. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
October 4, 2013 Filing 125 LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 10/4/13. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
September 30, 2013 Filing 124 SEALED DOCUMENT placed in vault.(nm)
September 27, 2013 Opinion or Order Filing 123 MEMORANDUM AND ORDER: UBS shall produce the following documents listed on its privilege log within three days of the date of this order: Rows 2073-74, 4731-32, 6358, 6471-72, 6494, 6495-97, 6713, 7291, 7343, 7426, 7431, 7898-99. It also shall produce, as it has agreed to do, documents of a similar nature listed on its privilege log. In addition, UBS shall produce Rows 2283-84, 2289, and 5260-61, as well as any similar documents listed on the privilege log; this aspect of the order is stayed for seven days in order to allow UBS to notify the OCC if it determines that it is obligated to do so. (Signed by Magistrate Judge James C. Francis on 9/27/2013) Copies Mailed By Chambers. (tn) Modified on 9/27/2013 (tn).
September 25, 2013 Set/Reset Deadlines: Motions due by 5/30/2014. (ama)
September 25, 2013 Opinion or Order Filing 122 MEMO ENDORSEMENT on re: #119 Letter, filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, UBS Real Estate Securities Inc., Mastr Adjustable Rate Mortgages Trust 2007-3, ENDORSEMENT: SO ORDERED.( Deposition due by 4/30/2014., Expert Discovery due by 1/29/2014., Fact Discovery due by 1/15/2014., Joinder of Parties due by 10/16/2013., Motions due by 5/30/2014., Ready for Trial by 8/1/2014.) (Signed by Judge Harold Baer on 9/24/2013) (ama) Modified on 9/26/2013 (ama).
September 23, 2013 Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 8/21/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(sdi)
September 23, 2013 Filing 120 TRANSCRIPT of Proceedings re: proceedings held on 8/21/2013 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/18/2013. Redacted Transcript Deadline set for 10/28/2013. Release of Transcript Restriction set for 12/26/2013.(sdi)
September 16, 2013 Filing 119 LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 09/16/2013 re: Briefing Schedule. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3, UBS Real Estate Securities Inc..(Kasner, Jay)
September 13, 2013 Opinion or Order Filing 118 ORDER granting #117 Letter Motion for Extension of Time (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
September 13, 2013 Filing 117 LETTER MOTION for Extension of Time addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 9/13/13. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
September 12, 2013 Filing 116 ANSWER to 1 Complaint,. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
September 12, 2013 Filing 115 SEALED DOCUMENT placed in vault.(nm)
September 12, 2013 Filing 114 SEALED DOCUMENT placed in vault.(mps)
September 12, 2013 Filing 113 SEALED DOCUMENT placed in vault.(mps)
September 12, 2013 Filing 112 SEALED DOCUMENT placed in vault.(mps)
September 12, 2013 Opinion or Order Filing 111 MEMORANDUM AND ORDER: U.S. Bank's motion to compel is granted in part and denied in part. UBS shall forthwith randomly sample 1,000 documents from Repurchase Custodian William Chandler that have not been produced nor included on its privilege log, and 1,000 documents from Repurchase Custodian John Lantz that have not been produced nor included on its privilege log. Within three days of the date of this order, UBS shall review these documents for privilege, and produce the non-privileged documents, along with a privilege log, to U.S. Bank. Within three days of U.S. Bank's receipt of these documents, it shall report the results of its review to the Court, copying opposing counsel. In addition, within three days of the date of this order, U.S. Bank shall identify up to 75 documents listed on UBS' privilege log for my review camera. UBS shall provide me with those documents on the next business day. I defer ruling on the request for an extension of time to complete discovery until the review described above is complete. (Signed by Magistrate Judge James C. Francis on 9/12/2013) Copies Mailed By Chambers. (tn) Modified on 9/16/2013 (tn).
August 30, 2013 Opinion or Order Filing 110 STIPULATION AND ORDER FOR PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION FROM NON PARTIES FDIC-RECEIVER AND ONEWEST BANK FSB:...regarding procedures to be followed that shall govern the handling of confidential material... "Sealed" and "Confidential" documents may be opened upon notice to the parties pursuant to further order of the Court. (Signed by Judge Harold Baer on 8/30/2013) (js)
August 29, 2013 Opinion or Order Filing 109 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 8/29/2013 re: Plaintiff U.S. Bank National Association has consented to a two-week extension of the time for UBS RESI to answer the complaint from August 29 to September 12, 2013. ENDORSEMENT: Application granted. So ordered. UBS Real Estate Securities Inc. answer due 9/12/2013. (Signed by Magistrate Judge James C. Francis on 8/29/2013) (rjm)
August 26, 2013 Opinion or Order Filing 108 ORDER: It is hereby ordered that defendant's Motion for Leave to File Amicus Curiea Brief (ECF No. 46) and Amici's Motion for Leave to file reply Memorandum of Law in further Support of Amici's opposition to the Motion to dismiss (ECF No. 55) be DENIED as moot. The Clerk is instructed to close these motions on my docket. So Ordered. (Signed by Judge Harold Baer on 8/26/2013) (js)
August 19, 2013 Filing 107 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael A. Collyard dated 8/16/2013 re: Trustee therefore respectfully requests that the Court allow Ms. Reynolds to testify in the manner proposed by Trustee - i.e., a simple direct examination by Trustee followed by UBS's cross examination. Trustee also requests that UBS be precluded from using documents at the hearing that were not filed as part of its motion. ENDORSEMENT: Applications denied. UBS may call Ms. Reynolds as an adverse witness. However, U.S. Bank's cross-examination will not be limited by the scope of UBS' direct examination of her. UBS will not be precluded from utilizing new documents at the hearing, provided it provides copies to U.S. Bank in advance. (Signed by Magistrate Judge James C. Francis on 8/19/2013) (lmb)
August 15, 2013 Opinion or Order Filing 106 OPINION AND ORDER: #103484 re: #14 MOTION to Dismiss. I have considered the parties' remaining arguments and find them to be without merit. For the reasons stated, UBS's motion to dismiss is DENIED. The Clerk of Court is instructed to close the motion and remove it from my docket. So Ordered (Signed by Judge Harold Baer on 8/14/2013) (js) Modified on 8/15/2013 (ca).
August 15, 2013 Opinion or Order Filing 105 MEMORANDUM ORDER: denying #50 Motion for Reconsideration. For the reasons stated above, Proposed Intervenors' motion to reconsider is DENIED. The Clerk of Court is instructed to close the motion (ECF No. 50) and remove it from my docket. So Ordered. (Signed by Judge Harold Baer on 8/14/2013) (js) (js).
August 8, 2013 Filing 104 NOTICE OF APPEARANCE by David Spears on behalf of UBS Real Estate Securities Inc.. (Spears, David)
August 8, 2013 Filing 103 NOTICE OF APPEARANCE by Christopher William Dysard on behalf of UBS Real Estate Securities Inc.. (Dysard, Christopher)
July 29, 2013 Filing 102 SEALED DOCUMENT placed in vault.(mps)
July 26, 2013 Opinion or Order Filing 101 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Scott D. Musoff dated 7/25/2013 re: Accordingly, UBS RESI respectfully requests that the un-redacted versions of the Redacted Documents be permitted to be filed under seal. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/26/2013) (mt)
July 25, 2013 Filing 100 DECLARATION of Scott D. Musoff (Redacted) in Support re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit 56, #2 Exhibit 57, #3 Exhibit 58, #4 Exhibit 59, #5 Exhibit 60, #6 Exhibit 61, #7 Exhibit 62, #8 Exhibit 63)(Musoff, Scott)
July 25, 2013 Filing 99 REPLY MEMORANDUM OF LAW in Support re: #79 MOTION for Sanctions for Spoliation of Evidence. (Redacted). Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
July 17, 2013 Filing 98 SEALED DOCUMENT placed in vault.(nm)
July 15, 2013 Filing 97 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael A. Collyard dated 7/12/2013 re: Trustee respectfully requests that the unredacted version of the Memorandum of Law in Opposition to UBS's Motion for Imposition of Sanctions for Spoliation of Evidence and accompanying Declarations be permitted to be filed under seal. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 7/15/2013) (lmb)
July 12, 2013 Filing 96 DECLARATION of Nicolas Valaperta in Opposition re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael)
July 12, 2013 Filing 95 DECLARATION of Toby Robillard in Opposition re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael)
July 12, 2013 Filing 94 DECLARATION of Diane Reynolds in Opposition re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael)
July 12, 2013 Filing 93 DECLARATION of Laura Cawley in Opposition re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael)
July 12, 2013 Filing 92 MEMORANDUM OF LAW in Opposition re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Collyard, Michael)
July 3, 2013 Opinion or Order Filing 91 ORDER FOR ADMISSION PRO HAC VICE: granting #66 Motion for Michael Anthony Collyard to Appear Pro Hac Vice. Application for Pro Hac Vice Granted. The Clerk is instructed to close this motion. SO ORDERED.(Signed by Judge Harold Baer on 7/03/2013) (ama)
June 26, 2013 Opinion or Order Filing 88 ORDER: It is hereby Ordered that in response to the request made by the Proposed Intervenors' counsel on notice to all parties to this action and to all parties and otherwise interested persons in the action entitled Assured Guaranty Municipal Corp. v. UBS Real Estate Securities Inc., 12 civ 1579 (HB), and to which no objection has been made, the Settlement Agreement and Release effective as of May 6,2013 (the "Settlement Agreement"), entered into by and among UBS Real Estate Securities Inc. and UBS Securities LLC, on the one hand, and Assured Guaranty Ltd., Assured Guaranty Municipal Corp., Assured Guaranty Corp., and other parties, may be disclosed by the Proposed Intervenors' counsel to this Court in a written submission filed under Seal. Any responsive written submission from any party or non-party concerning the Settlement Agreement and its effect on the Proposed Intervenors' Intervention Motion shall also be filed under Seal with this Court. With respect to the Proposed Intervenors' counsel's request for permission to disclose the Settlement Agreement to the Proposed Intervenors, it is hereby Ordered that Proposed Intervenors' counsel must continue to treat the Settlement Agreement as "attorneys' eyes only" and may not disclose the Settlement Agreement or any description or summary of the terms of the Settlement Agreement to the Proposed Intervenors without the consent of each of the parties to the Settlement Agreement. (Signed by Judge Harold Baer on 6/26/2013) (ama)
June 25, 2013 Opinion or Order Filing 89 ORDER: IT IS HEREBY ORDERED as follows: 1. Plaintiffs shall file their opposition brief with the Court by July 12, 2013; and 2. Defendant shall file its reply brief, if any, with the Court by July 25, 2013., ( Responses due by 7/12/2013., Replies due by 7/25/2013.) (Signed by Magistrate Judge James C. Francis on 6/25/2013) (lmb)
June 24, 2013 Filing 87 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Scott D. Musoff dated 6/14/2013 re: UBS RESI respectfully requests that its motion to compel be granted. UBS RESI further submits that oral argument will aid the Court and respectfully requests argument at the earliest date and time convenient to the Court. ENDORSEMENT: Application granted in part and denied in part. The request for "any and all communications" is overbroad. However, communications that go to the Trustee's authority to pursue this action following the settlement in Assured are relevant. U.S. Bank shall therefore produce communications sufficient to show that it has received direction to litigate this case from any certificate holder on whose behalf it purports to act. Further, to the extent that U.S. Bank relies on repurchase demands made by Assured, it shall produce any backward-looking analyses of those demands regardless of when they were created. (Signed by Magistrate Judge James C. Francis on 6/24/2013) (lmb) Modified on 6/27/2013 (lmb).
June 24, 2013 Filing 86 SEALED DOCUMENT placed in vault.(nm)
June 24, 2013 Filing 85 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Scott D. Musoff dated 6/19/2013 re: We write to request permission to file under seal UBS RESI's Memorandum of Law in Support of Its Motion for Imposition of Sanctions for Spoliation of Evidence, the related Declaration of Scott D. Musoff, and certain Exhibits to the Declaration of Scott D. Musoff. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 6/20/2013) (lmb)
June 20, 2013 Filing 84 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 5/30/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2013 Filing 83 TRANSCRIPT of Proceedings re: MOTION held on 5/30/2013 before Judge Harold Baer. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/23/2013.(McGuirk, Kelly)
June 19, 2013 Filing 82 DECLARATION of Paul J. Lockwood in Support re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
June 19, 2013 Filing 81 DECLARATION of Scott D. Musoff (Redacted) in Support re: #79 MOTION for Sanctions for Spoliation of Evidence.. Document filed by UBS Real Estate Securities 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, #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, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55)(Musoff, Scott)
June 19, 2013 Filing 80 MEMORANDUM OF LAW in Support re: #79 MOTION for Sanctions for Spoliation of Evidence. (Redacted). Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
June 19, 2013 Filing 79 MOTION for Sanctions for Spoliation of Evidence. Document filed by UBS Real Estate Securities Inc..(Musoff, Scott)
June 18, 2013 Filing 90 LETTER addressed to Judge James C. Francis from Adam M. Abensohn dated 6/17/2013 re: Counsel requests that UBS's application be denied. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(ft)
June 3, 2013 Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 5/30/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
June 3, 2013 Filing 77 TRANSCRIPT of Proceedings re: MOTION held on 5/30/2013 before Judge Harold Baer. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/6/2013.(Rodriguez, Somari)
May 30, 2013 Minute Entry for proceedings held before Judge Harold Baer: Oral Argument held on 5/30/2013. The Court will review the motions discussed; The Court reserves decision. (mro)
May 24, 2013 Filing 76 NOTICE OF APPEARANCE by Sean Patrick Baldwin on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3 (Baldwin, Sean)
May 23, 2013 Filing 75 NOTICE OF APPEARANCE by Paul Anthony Riley on behalf of Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3 (Riley, Paul)
May 22, 2013 Filing 74 Letter addressed to Magistrate Judge James C. Francis, IV from Scott D. Musoff dated 5/20/2013 re: On behalf of UBS Real Estate Securities ("UBS RESI"), we write in response to U.S. Bank N.A.'s ("U.S. Bank") May 17, 2013 letter in the above-captioned action. (ama)
May 22, 2013 Filing 73 Letter addressed to Magistrate Judge James C. Francis, IV from Adam M. Abensohn dated 5/17/2013 re: On behalf of Plaintiff Trusts, we write in response to UBS's May 16, 2013 Letter. (ama)
May 22, 2013 Filing 72 Letter addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 5/16/2013 re: In sum, U.S. Bank raced to Court to file a motion to compel before even serving discovery requests and seeks to impose production timeless on UBS RESI that are far more demanding than those it lived up to itself. UBS RESI respectfully requests that the motion to compel be denied and the parties be directed to meet and confer further regarding the schedule for production of documents in this action. (ama) Modified on 5/22/2013 (ama).
May 21, 2013 Opinion or Order Filing 71 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Adam M. Abensohn dated 5/10/2013 re: We write to request that the Court direct UBS Real Estate Securities Inc. ("UBS") to promptly produce its outstanding discovery. ENDORSEMENT: Application denied. The prior discovery requests (and my orders) were propounded by Assured Municipal Guaranty Corp., and are not identical to those served by U.S. Bank N.A. Accordingly, I will not accelerate the deadline for UBS Real Estate Securities to respond to U.S. Bank's requests. However, because UBS RESI necessarily did much of the work preparing to respond to Assured, any request to extend its time to respond to U.S. Bank will not be met with sympathy. (Signed by Magistrate Judge James C. Francis on 5/20/2013) (lmb)
May 20, 2013 Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 3/22/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2013 Filing 69 TRANSCRIPT of Proceedings re: CONFERNCE held on 3/22/2013 before Judge Harold Baer. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set for 8/22/2013.(McGuirk, Kelly)
May 15, 2013 Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/6/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-01579-HB-JCF, 1:12-cv-07322-HB(Rodriguez, Somari)
May 15, 2013 Filing 67 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/6/2013 before Judge Harold Baer. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/16/2013.Filed In Associated Cases: 1:12-cv-01579-HB-JCF, 1:12-cv-07322-HB(Rodriguez, Somari)
May 6, 2013 Minute Entry: for proceedings held before Judge Harold Baer: Oral Argument held on 5/6/2013 re: #50 MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion, MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion. filed by ESM Fund I, L. P., David Visher, Alexander Bakal, Sandra Visher. Oral argument on Notice of Motion for Reconsideration andMOtio to Intervene as Plaintiffs Doc. #50. (djc)
April 15, 2013 Filing 66 MOTION for Michael Anthony Collyard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8420053. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Civil Cover Sheet Certificate of Good Standing, #2 Text of Proposed Order)(Collyard, Michael)
April 15, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Michael Anthony Collyard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8420053. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 10, 2013 Opinion or Order Filing 65 PRETRIAL SCHEDULING ORDER: Do the parties consent to proceed before a United States Magistrate Judge for all purposes, pursuant to 28 U.S.C. 636(c) and Fed. R Civ. P. 73? No. This case is added to the March 2014 Trailing Trial Calendar. Tried by a Jury. No additional parties may be joined after April 12, 2013 in Assured Guaranty Municipal Corp. v. UBS Real Estate Securities Inc. Motions due by 12/16/2013. Expert Discovery due by 11/1/2013. Discovery due by 9/2/2013. SO ORDERED. (Signed by Judge Harold Baer on 4/09/2013) (ama)
April 9, 2013 Opinion or Order Filing 64 STIPULATION AND AMENDED ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...; ENDORSEMENT: "Sealed" and "Confidential" documents may be opened upon notice to the parties pursuant to further order of the court. (Signed by Judge Harold Baer on 4/9/2013) (djc) Modified on 4/11/2013 (djc).
April 4, 2013 Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/22/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
April 4, 2013 Filing 62 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/22/2013 before Judge Harold Baer. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(Rodriguez, Somari)
March 25, 2013 Opinion or Order Filing 61 MEMORANDUM AND ORDER granting in part and denying in part (53) Motion to Compel; granting in part and denying in part (54) Motion to Compel; granting in part and denying in part (54) Motion for Protective Order in case 1:12-cv-01579-HB-JCF; granting in part and denying in part (36) Motion to Compel; granting in part and denying in part (37) Motion to Compel; granting in part and denying in part (37) Motion for Protective Order in case 1:12-cv-07322-HB.For the reasons set forth above, Assured's motion to compel (Docket no. 53) is granted to the extent that UBS shall produce relevant documents from the Repurchase Custodians. UBS' motion (Docket no. 54) is granted to the extent that it may provide a categorical privileged log for the documents from the Repurchase Custodians. In all other respects, the motions are denied. (Signed by Magistrate Judge James C. Francis on 3/25/2013) Filed In Associated Cases: 1:12-cv-01579-HB-JCF, 1:12-cv-07322-HB Copies Mailed By Chambers. (lmb)
March 22, 2013 Opinion or Order Filing 60 ORDER: ORDERED that the Clerk of Court shall consolidate the above actions under the docket number of the earlier case, 12 Civ. 1579. SO ORDERED. (Signed by Judge Harold Baer on 3/22/2013) Filed In Associated Cases: 1:12-cv-01579-HB-JCF, 1:12-cv-07322-HB(ama)
March 22, 2013 CONSOLIDATED MEMBER CASE: Create association to 1:12-cv-01579-HB-JCF. (ama)
March 21, 2013 Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 3/21/2013. (rjm)
March 20, 2013 Filing 59 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Adam M. Abensohn and Scott D. Musoff dated 3/19/2013 re: On behalf of the plaintiffs and defendant in the above-referenced actions) we jointly request an adjournment of the status conference and oral argument, both of which currently are scheduled for March 22. 2013, for a period of approximately 30 days to a date that is convenient for the Court. ENDORSEMENT: Denied - after O/A we will discuss how to best move on both cases and if consolidation seems appropriate so that we have 1 schedule we can hope to keep and not what amounts to two. Be ready to give me your views. (Signed by Judge Harold Baer on 3/19/2013) (ago)
March 11, 2013 Filing 58 NOTICE of Change of Firm Name. Document filed by Alexander Bakal, ESM Fund I, L. P., David Visher, sandra visher. (Spanier, Judith)
February 26, 2013 Filing 57 DECLARATION of Demian A. Ordway in Support re: #55 MOTION for Leave to File Reply Memorandum of Law in Further Support of Amici's Opposition to the Motion to Dismiss Plaintiffs' Complaint by UBS Real Estate Securities Inc... Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors. (Attachments: #1 Exhibit Exhibit A: Proposed Reply Memorandum of Law)(Shuster, Michael)
February 26, 2013 Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION for Leave to File Reply Memorandum of Law in Further Support of Amici's Opposition to the Motion to Dismiss Plaintiffs' Complaint by UBS Real Estate Securities Inc... Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors. (Shuster, Michael)
February 26, 2013 Filing 55 MOTION for Leave to File Reply Memorandum of Law in Further Support of Amici's Opposition to the Motion to Dismiss Plaintiffs' Complaint by UBS Real Estate Securities Inc.. Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors.(Shuster, Michael)
February 25, 2013 Filing 54 Letter addressed to Mr. Abensohn from :Linda Eckhouse, Judicial Assistant to the Honorable Judge Baer, Jr. dated 2/13/2013 re: The pretrial conference in this case has been rescheduled. The new date and time is Tuesday, 3/12/2013 at 1:45 pm. Please notify your adversary. (tro)
February 25, 2013 Set/Reset Hearings: Pretrial Conference set for 3/12/2013 at 01:45 PM before Judge Harold Baer. (tro)
February 13, 2013 Filing 53 REPLY MEMORANDUM OF LAW in Support re: #50 MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,. MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,.. Document filed by Alexander Bakal, ESM Fund I, L. P., David Visher, sandra visher. (Attachments: #1 Certificate of Service)(Spanier, Judith)
February 8, 2013 Filing 52 MEMORANDUM OF LAW in Opposition re: #50 MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,. MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Joseph, Nicholas)
January 25, 2013 Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,. MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,.. Document filed by Alexander Bakal, ESM Fund I, L. P., David Visher, sandra visher. (Attachments: #1 Certificate of Service)(Spanier, Judith)
January 25, 2013 Filing 50 MOTION for Reconsideration re; #13 Memorandum of Law in Support of Motion, #12 Declaration in Support of Motion,. Document filed by Alexander Bakal, David Visher, ESM Fund I, L. P., sandra visher. (Attachments: #1 Text of Proposed Order)(Spanier, Judith)
January 25, 2013 Filing 49 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MEMORANDUM OF LAW in Support re: #48 MOTION for Reconsideration of Certificateholders Alexander Bakal, David and Sandra Visher and ESM Fund I, L.P. Motion to Intervene as Plaintiffs.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Certificate of Service)(Spanier, Judith) Modified on 1/25/2013 (ka).
January 25, 2013 Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION for Reconsideration of Certificateholders Alexander Bakal, David and Sandra Visher and ESM Fund I, L.P. Motion to Intervene as Plaintiffs. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Text of Proposed Order)(Spanier, Judith) Modified on 1/25/2013 (ka).
January 25, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Judith Lynne Spanier to RE-FILE Document #48 MOTION for Reconsideration of Certificateholders Alexander Bakal, David and Sandra Visher and ESM Fund I, L.P. Motion to Intervene as Plaintiffs. ERROR(S): Incorrect Filer. (ka)
January 25, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Judith Lynne Spanier to RE-FILE Document #49 Memorandum of Law in Support of Motion. ERROR(S): Incorrect Filer. (ka)
January 23, 2013 Filing 47 DECLARATION of Jay B. Kasner in Support re: #46 MOTION for Leave to File Response to the Amicus Curiae Brief.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A - [Proposed] Response to the Amicus Brief, #2 Exhibit 1 to the [Proposed] Response, #3 Exhibit 2 to the [Proposed] Response, #4 Exhibit 3 to the [Proposed] Response)(Kasner, Jay)
January 23, 2013 Filing 46 MOTION for Leave to File Response to the Amicus Curiae Brief. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
January 11, 2013 Opinion or Order Filing 45 OPINION AND ORDER #102799: For reasons stated above, Proposed Intervenors' motion is DENIED. The Clerk of Court is instructed to close the motion and remove it from my docket. (Signed by Judge Harold Baer on 1/11/2013) (js) Modified on 1/16/2013 (tro).
January 8, 2013 Filing 44 ENDORSED LETTER addressed to Judge Harold Baer from Michael S. Shuster dated 1/4/2013 re: Amici Amherst Advisory & Management LLC and The Association of Morgage Investors requests oral argument in connection with the motion for Leave to File a Brief as Amicus Curiae. ENDORSEMENT: Motion for leave to file brief as Amicus Curiae is granted. (Signed by Judge Harold Baer on 1/8/2013) (cd)
January 3, 2013 Filing 43 REPLY MEMORANDUM OF LAW in Support re: #36 FIRST MOTION to File Amicus Brief Notice of Motion for Leave to File an Amicus Curiae Brief.. Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors. (Shuster, Michael)
December 27, 2012 Filing 42 MEMORANDUM OF LAW in Opposition re: #36 FIRST MOTION to File Amicus Brief Notice of Motion for Leave to File an Amicus Curiae Brief.. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
December 17, 2012 Filing 41 DECLARATION of Scott D. Musoff in Support re: #14 MOTION to Dismiss The Complaint.. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kasner, Jay)
December 17, 2012 Filing 40 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss The Complaint.. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
December 13, 2012 Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amherst Holdings LLC for Amherst Advisory & Management LLC. Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors.(Shuster, Michael)
December 13, 2012 Filing 38 DECLARATION of Demian A. Ordway in Support re: #36 FIRST MOTION to File Amicus Brief Notice of Motion for Leave to File an Amicus Curiae Brief.. Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors. (Attachments: #1 Exhibit A)(Shuster, Michael)
December 13, 2012 Filing 37 MEMORANDUM OF LAW in Support re: #36 FIRST MOTION to File Amicus Brief Notice of Motion for Leave to File an Amicus Curiae Brief. Memorandum of Law in Support of Motion for Leave to File an Amicus Curiae Brief. Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors. (Shuster, Michael)
December 13, 2012 Filing 36 FIRST MOTION to File Amicus Brief Notice of Motion for Leave to File an Amicus Curiae Brief. Document filed by Amherst Advisory & Management LLC, The Association of Mortgage Investors.(Shuster, Michael)
December 7, 2012 Filing 34 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Intervene as Plaintiffs.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Certificate of Service)(Spanier, Judith)
December 6, 2012 Filing 35 Letter addressed to Magistrate Judge James C. Francis from Scott D. Musoff dated 11/20/2012 re: Counsel for UBS Real Estate Securities Inc. ("UBS RESI") in the above referenced actions writes in advance of this afternoon's conference regarding recent developments and the reasons explained in our October 6, 2012 letter, we respectfully submit that a substantial adjustment int he schedule should be made to accommodate and to allow for coordination of the new parties (or potential parties), the claims and new issues to be litigated, much less the existing discovery which continues to take far longer than Assured has predicted to the Court. Document filed by UBS Real Estate Securities Inc.(ago)
November 29, 2012 Minute Entry for proceedings held before Judge Harold Baer: Initial Pretrial Conference held on 11/29/2012. (tro)
November 29, 2012 Opinion or Order Filing 33 ORDER: Whereas on November 8, 2012, I endorsed a Stipulation and Order setting a pretrial conference date for November 29,2012, at 2:45P.M. with the expectation that the conference would be attended by the parties and the proposed intervenors, it is hereby ORDERED that my endorsement of the Defendant's adjournment request (ECF No. 32) is to be disregarded: the pretrial conference will be held November 29, 2012, as originally planned. SO ORDERED.( Pretrial Conference set for 11/29/2012 at 02:45 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 11/28/2012) (ama)
November 28, 2012 Filing 32 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Scott D. Musoff dated 11/26/12 re: Counsel for the defendant requests that the 11/29/12 pretrial conference be adjourned. ENDORSEMENT: My next conference day is December 13. I'll schedule you for 3:45 P.M. I do hope you can join us. ( Pretrial Conference set for 12/13/2012 at 03:45 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 11/28/2012) (mro)
November 27, 2012 Filing 31 DECLARATION of Adam M. Abensohn in Opposition re: #14 MOTION to Dismiss The Complaint.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Abensohn, Adam)
November 27, 2012 Filing 30 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss The Complaint.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Abensohn, Adam)
November 26, 2012 Pro Hac Vice Fee Refunded: for #17 MOTION for Deborah R. Gross to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7940797. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-7940797, for the following reason(s): DUPLICATE PAYMENT. (dig)
November 21, 2012 Opinion or Order Filing 29 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Scott D. Musoff dated 10/26/2012 re: Accordingly, UBS RESI respectfully submits that the schedule should be adjusted to allow for a reasonable amount of time to complete fact and expert discovery and that all other dates should be similar adjusted. ENDORSEMENT: All dates set forth in the Pretrial Scheduling Order dated June 26, 2012 are advanced by two months with the exception of the trial date, as to which counsel shall contact Judge Baer's Chambers. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 11/21/2012) (ama)
November 20, 2012 Opinion or Order Filing 28 ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Deborah R. Gross to Appear Pro Hac Vice. It is hereby Ordered that Deborah R. Gross is admitted Pro Hac Vice to appear for all purposes as counsel for Intervention Plaintiffs Alexander Bakal, David and Sandra Visber, and ESM Fund I. ENDORSEMENT: Application for Pro Hav Vice granted. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 11/20/2012) (mro) Modified on 11/21/2012 (mro).
November 20, 2012 Opinion or Order Filing 27 STIPULATION AND ORDER: Now therefore, It is hereby stipulated and agreed by the undersigned counsel for plaintiffs and defendant that (1) plaintiffs shall file their opposition to the Motion on or before November 27, 2012 and (2) defendants shall file their reply submission on or before December 16, 2012 (Signed by Judge Harold Baer on 11/19/2012) (js)
November 19, 2012 Filing 26 RESPONSE to Motion re: #10 MOTION to Intervene as Plaintiffs.. Document filed by UBS Real Estate Securities Inc.. (Musoff, Scott)
November 19, 2012 Filing 25 DECLARATION of Nicholas F. Joseph in Opposition re: #10 MOTION to Intervene as Plaintiffs.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Joseph, Nicholas)
November 19, 2012 Filing 24 RESPONSE in Opposition re: #10 MOTION to Intervene as Plaintiffs. OPPOSITION OF MASTR ADJUSTABLE RATE MORTGAGES TRUST 2006-OA2, MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-1, AND MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-3 BY U.S. BANK NATIONAL ASSOCIATION, SOLELY IN ITS CAPACITY AS TRUSTEE, TO MOTION BY ALEXANDER BAKAL, DAVID VISHER, SANDRA VISHER, AND ESM FUND I, L.P. FOR LEAVE TO INTERVENE AS PLAINTIFFS. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Joseph, Nicholas)
November 19, 2012 Filing 23 MOTION for Deborah R. Gross to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7991061. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Gross, Deborah)
November 19, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Deborah R. Gross to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7991061. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 16, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deborah R Gross to RE-FILE Document #22 MOTION to Amend/Correct Pro Hac Vice. Use the event type Appear Pro Hac Vice found under the event list Motions. (ldi)
November 16, 2012 Filing 22 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct Pro Hac Vice. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2.(Gross, Deborah) Modified on 11/19/2012 (ldi).
November 15, 2012 Filing 21 Letter addressed to Mr. Abensohn from Linda Eckhouse, Judicial Assistant to the Honorable Harold Baer, Jr. dated 11/13/2012 re: The pretrial conference on this case has been rescheduled. The new date and time is Thursday, 11/29/2012, at 2:45 pm. Please notify your adversary. (tro)
November 15, 2012 Set/Reset Hearings: Pretrial Conference set for 11/29/2012 at 02:45 PM before Judge Harold Baer. (tro)
November 9, 2012 Filing 20 NOTICE of Hearing: There will be a Pre-Trial Conference (PTC) on the above case at 2:45 p.m. on November 29, 2012, in Chambers, Room 2230. Pretrial Conference set for 11/29/2012 at 02:45 PM before Judge Harold Baer. (ja) Modified on 11/13/2012 (ad). Modified on 11/13/2012 (ad).
November 8, 2012 Opinion or Order Filing 19 STIPULATION AND ORDER: that (1) plaintiffs and defendant shall file their submissions, if any, to the Motion on or before November 19, 2012; and (2) movants shall file their reply submission on or before December 7, 2012. ENDORSEMENT: I am interested in some further timetables & consequently I am scheduling a PTC for November 29th at 2:45 pm. ( Responses due by 11/19/2012, Replies due by 12/7/2012.) (Signed by Judge Harold Baer on 11/8/2012) (pl)
November 8, 2012 Set/Reset Hearings: Pretrial Conference set for 11/29/2012 at 02:45 PM before Judge Harold Baer. (pl)
November 7, 2012 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #18 MOTION to Amend/Correct Deborah R. Gross Motion to Appear Pro Hac Vice.. Certificates of Good Standing must be issued by the State.. 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)
November 6, 2012 Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Deborah R. Gross Motion to Appear Pro Hac Vice. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Gross, Deborah) Modified on 11/7/2012 (bwa).
October 25, 2012 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #17 MOTION for Deborah R. Gross to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7940797. Motion and supporting papers to be reviewed by Clerk's Office staff.. Attorney need a Certifacte of Good Standing from all the State Courts.. (wb)
October 25, 2012 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY RE FILE MOTION FOR PRO HAC VICE WITH CERTIFICATE OF GOOD STANDING FROM STATE COURTS - MOTION for Deborah R. Gross to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7940797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Gross, Deborah) Modified on 10/26/2012 (wb). Modified on 10/26/2012 (wb).
October 22, 2012 Filing 16 DECLARATION of Scott D. Musoff in Support re: #14 MOTION to Dismiss The Complaint.. Document filed by UBS Real Estate Securities 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)(Kasner, Jay)
October 22, 2012 Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss The Complaint.. Document filed by UBS Real Estate Securities Inc.. (Kasner, Jay)
October 22, 2012 Filing 14 MOTION to Dismiss The Complaint. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
October 16, 2012 Filing 13 MEMORANDUM OF LAW in Support re: #10 MOTION to Intervene as Plaintiffs.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Spanier, Judith)
October 15, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Judith Lynne Spanier to RE-FILE Document #11 MOTION to Intervene Memorandum of Law in Support of Motion. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link ONLY to document #10 Motion. (ldi)
October 15, 2012 Filing 12 DECLARATION of Judith L. Spanier in Support re: #10 MOTION to Intervene as Plaintiffs., #11 MOTION to Intervene Memorandum of Law in Support of Motion.. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Spanier, Judith)
October 15, 2012 Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Intervene Memorandum of Law in Support of Motion. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Spanier, Judith) Modified on 10/16/2012 (ldi).
October 15, 2012 Filing 10 MOTION to Intervene as Plaintiffs. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3. (Attachments: #1 Text of Proposed Order)(Spanier, Judith)
October 12, 2012 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE. granting #8 Motion for Paul J. Lockwood to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice granted. The Clerk is instructed to close this motion. So ordered. (Signed by Judge Harold Baer on 10/12/2012) (rjm)
October 11, 2012 Filing 8 MOTION for Paul J. Lockwood to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7895802. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS Real Estate Securities Inc.. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Lockwood, Paul)
October 11, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Paul J. Lockwood to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7895802. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
October 9, 2012 Filing 7 NOTICE OF APPEARANCE by Alexander C Drylewski on behalf of UBS Real Estate Securities Inc. (Drylewski, Alexander)
October 9, 2012 Filing 6 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of UBS Real Estate Securities Inc. (Musoff, Scott)
October 9, 2012 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG for UBS Real Estate Securities Inc.. Document filed by UBS Real Estate Securities Inc..(Kasner, Jay)
October 9, 2012 Filing 4 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of UBS Real Estate Securities Inc. (Kasner, Jay)
October 9, 2012 Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Harold Baer. Judge Unassigned is no longer assigned to the case. (pgu)
October 9, 2012 Magistrate Judge James C. Francis IV is so designated. (pgu)
October 9, 2012 CASE ACCEPTED AS RELATED. Create association to 1:12-cv-01579-HB-JCF. Notice of Assignment to follow. (pgu)
October 4, 2012 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-1, Mastr Adjustable Rate Mortgages Trust 2007-3.(Joseph, Nicholas)
October 1, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Adam M. Abensohn 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. (mro)
September 28, 2012 Filing 1 COMPLAINT against UBS Real Estate Securities Inc. (Filing Fee $ 350.00, Receipt Number 1049758)Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, Mastr Adjustable Rate Mortgages Trust 2007-3, Mastr Adjustable Rate Mortgages Trust 2007-1.(mro)
September 28, 2012 SUMMONS ISSUED as to UBS Real Estate Securities Inc. (mro)
September 28, 2012 Case Designated ECF. (mro)
September 28, 2012 CASE REFERRED TO Judge Harold Baer as possibly related to 1:12-cv-01579-HB. (mro)

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Search for this case: Mastr Adjustable Rate Mortgages Trust 2006-OA2 et al v. UBS Real Estate Securities Inc.
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Special master: Hon. Barbara S. Jones
Represented By: David Alexander Shargel
Represented By: Rita Kathleen Maxwell
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Amicus curiae: The Association of Mortgage Investors
Represented By: Michael S. Shuster
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Amicus curiae: Amherst Advisory & Management LLC
Represented By: Michael S. Shuster
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Intervenor plaintiff: ESM Fund I, L. P.
Represented By: Judith Lynne Spanier
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Intervenor plaintiff: Alexander Bakal
Represented By: Judith Lynne Spanier
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Intervenor plaintiff: David Visher
Represented By: Judith Lynne Spanier
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Intervenor plaintiff: sandra visher
Represented By: Judith Lynne Spanier
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Plaintiff: U.S. Bank, National Association, solely in its capacity as Trustee of MASTR Adjustable Rate Mortgages Trust 2006-OA2, MASTR Adjustable Rate Mortgages Trust 2007-1, and MASTR Adjustable Rate Mortgages
Represented By: Michael Charles McCarthy
Represented By: Margaret Siller
Represented By: Sean Patrick Baldwin
Represented By: Paul Peter Hughes
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Plaintiff: Mastr Adjustable Rate Mortgages Trust 2006-OA2
Represented By: Jeffrey Carl Miller
Represented By: Nicholas Fields Joseph
Represented By: Eric T. Hsu
Represented By: Maya Daria Cater
Represented By: Harry Arthur Olivar
Represented By: David A. Nelson
Represented By: Margaret Siller
Represented By: Andrew Riggs Dunlap
Represented By: Sean Patrick Baldwin
Represented By: Michael Collyard
Represented By: Steven M. Edwards
Represented By: Marlo A. Pecora
Represented By: Adam Michael Abensohn
Represented By: Paul Peter Hughes
Represented By: David Lawrence Elsberg
Represented By: Philippe Zuard Selendy
Represented By: Elizabeth Rosenshine
Represented By: Paul Anthony Riley
Represented By: Eric Hsu
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Plaintiff: Mastr Adjustable Rate Mortgages Trust 2007-3
Represented By: Jeffrey Carl Miller
Represented By: Nicholas Fields Joseph
Represented By: Eric T. Hsu
Represented By: Judith Lynne Spanier
Represented By: Maya Daria Cater
Represented By: Deborah R Gross
Represented By: Harry Arthur Olivar
Represented By: David A. Nelson
Represented By: Margaret Siller
Represented By: Andrew Riggs Dunlap
Represented By: Sean Patrick Baldwin
Represented By: Michael Collyard
Represented By: Steven M. Edwards
Represented By: Marlo A. Pecora
Represented By: Adam Michael Abensohn
Represented By: Paul Peter Hughes
Represented By: David Lawrence Elsberg
Represented By: Philippe Zuard Selendy
Represented By: Elizabeth Rosenshine
Represented By: Paul Anthony Riley
Represented By: Eric Hsu
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Plaintiff: Mastr Adjustable Rate Mortgages Trust 2007-1
Represented By: Jeffrey Carl Miller
Represented By: Nicholas Fields Joseph
Represented By: Eric T. Hsu
Represented By: Judith Lynne Spanier
Represented By: Maya Daria Cater
Represented By: Deborah R Gross
Represented By: Harry Arthur Olivar
Represented By: David A. Nelson
Represented By: Margaret Siller
Represented By: Andrew Riggs Dunlap
Represented By: Sean Patrick Baldwin
Represented By: Michael Collyard
Represented By: Steven M. Edwards
Represented By: Marlo A. Pecora
Represented By: Adam Michael Abensohn
Represented By: Paul Peter Hughes
Represented By: David Lawrence Elsberg
Represented By: Philippe Zuard Selendy
Represented By: Elizabeth Rosenshine
Represented By: Paul Anthony Riley
Represented By: Eric Hsu
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Defendant: UBS Real Estate Securities Inc.
Represented By: Christopher William Dysard
Represented By: Jay B. Kasner
Represented By: Paul J. Lockwood
Represented By: Allison Barrett Holcombe
Represented By: Charles Frederick Smith
Represented By: Lara A Flath
Represented By: Scott D. Musoff
Represented By: Abraham Aleem Tabaie
Represented By: Thomas Jerome Nolan
Represented By: Alexander C Drylewski
Represented By: Robert Alexander Fumerton
Represented By: David Spears
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