National Credit Union Administration Board v. U.S. Bank National Association et al
| National Credit Union Administration Board |
| U.S. Bank National Association and Bank of America |
| 1:2014cv09928 |
| December 16, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine B. Forrest |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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Filing
120
OPINION & ORDER re: 97 MOTION to Dismiss DEFENDANTS NOTICE OF JOINT MOTION TO DISMISS SECOND AMENDED COMPLAINT PURSUANT TO FRCP 12(B)(1) AND 12(B)(6) filed by Bank of America. For the reasons set forth above, defendants' motion to dismiss is GRANTED. Plaintiff's sole remaining claim is for breach of contract as to the nine trusts listed in paragraph 26 of the Second Amended Complaint. The Clerk of Court is directed to terminate the motion at ECF No. 97. (As further set forth in this Opinion & Order.) (Signed by Judge Katherine B. Forrest on 2/25/2016) (mro)
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Filing
84
OPINION & ORDER re: 59 MOTION to Dismiss Defendants' Notice of Joint Motion To Dismiss Pursuant To Federal Rule of Civil Procedure 12(b)(1)&(6) filed by Bank of America: For the reasons set forth above, defendants' mot ion to dismiss is GRANTED as to the certificates that were re-securitized as part of the NGN Program. Plaintiffs shall notify the Court within 7 days from the date of this Opinion & Order whether they will seek to amend. Should plaintiffs seek to a mend, they must file any proposed amendment-along with a motion pursuant to Rule 15 of the Federal Rules of Civil Procedure-within 14 days thereafter. To allow for careful review of those allegations necessary to state a claim, any proposed Seco nd Amended Complaint shall be not more than 75 pages in length. (Additional background materials may be in an appendix.) The Clerk of Court is directed to terminate the motion at ECF No. 59. (Signed by Judge Katherine B. Forrest on 5/18/2015) (tn)
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