The Colonial BancGroup, Inc. et al v. PricewaterhouseCoopers LLP et al(LEAD CASE)
| Kevin O'Halloran |
| Crowe Horwath, LLP and PricewaterhouseCoopers LLP |
| The Colonial BancGroup, Inc. |
| Federal Deposit Insurance Corporation as Receiver for Colonial Bank |
| 2:2011cv00746 |
| September 9, 2011 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Wallace Capel |
| Barbara J Rothstein |
| Contract: Other |
| 28 U.S.C. § 1452 Removal of claims related to bankruptcy case |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2019. A more recent docket listing may be available from PACER.
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Filing 920
(TEXT) MINUTE ORDER: Having been notified by the counsel for the FDIC and PWC that they have reached a settlement agreement, and a Stipulation of Dismissal with Prejudice having been filed (Dkt. No. #919 ), the Court HEREBY STRIKES as MOOT the motions at Dkt. Nos. #856 , #885 , #913 , and #914 . This case is CLOSED. Signed by Honorable Judge Barbara J. Rothstein on 3/18/2019. (no pdf document attached to this entry)(kh, ) (kh, ).
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| Filing 919 STIPULATION of Dismissal by Federal Deposit Insurance Corporation as Receiver for Colonial Bank, PricewaterhouseCoopers LLP. (Kipp, Grace) |
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Filing 918
TEXT MINUTE ORDER: Having been notified by the parties that they remain engaged in settlement discussions, the Court HEREBY SETS the deadline for PWC to file its reply in support of its motion for summary judgment to March 25, 2019. Signed by Honorable Judge Barbara J. Rothstein on 2/25/2019. (no pdf document attached to this entry)(kh, )
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Filing 917
(TEXT) MINUTE ORDER: Having been notified that the parties continue to engage in settlement discussions, the Court HEREBY VACATES the date for PWC's reply brief in support of its motion for summary judgment. The parties shall jointly report to the Court the status of the negotiations no later than Friday, February 22, 2019. Signed by Honorable Judge Barbara J. Rothstein on 2/14/2019. (no pdf document attached to this entry)(kh, )
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| Filing 916 FDIC-R'S NOTICE OF FILING UNDER SEAL ITS OPPOSITION TO PWC'S MOTIONFOR PARTIAL SUMMARY JUDGMENT ON THE SHIPPED NOT PAID DAMAGES by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #915 Response in Opposition to Motion (kh, ) |
| Filing 915 RESPONSE in Opposition re #913 MOTION for Partial Summary Judgment on the Shipped Not Paid Damages filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9A, #11 Exhibit 9B, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18A, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 21A, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 18)(Kipp, Grace) (Attachment 18 replaced on 2/13/2019) (kh, ). (Attachment 21 replaced on 2/13/2019) (kh, ). (Attachment 22 replaced on 2/13/2019) (kh, ). (Attachment 23 replaced on 2/13/2019) (kh, ). (Attachment 24 replaced on 2/13/2019) (kh, ). (Attachment 25 replaced on 2/13/2019) (kh, ). (Attachment 26 replaced on 2/13/2019) (kh, ). (Attachment 27 replaced on 2/13/2019) (kh, ). (Attachment 39 replaced on 2/13/2019) (kh, ). (Attachment 41 replaced on 2/13/2019) (kh, ). (Additional attachment(s) added on 2/13/2019: #43 Main Document (Unredacted)) (kh, ). |
| Filing 914 MOTION for Partial Summary Judgment on the Shipped Not Paid Damages by PricewaterhouseCoopers LLP. (kh, ) |
| Filing 913 MOTION for Partial Summary Judgment on the Shipped Not Paid Damages by PricewaterhouseCoopers LLP. (Attachments: #1 Appendix 1, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Levine, Mark) |
| Filing 912 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motion hearing proceeding re: #885 motion (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 1/9/19, before Judge Rothstein. Court Reporter/Transcriber Elizabeth Saint-Loth, Telephone number 202-354-3242. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 2/8/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/18/2019. (djy, ) |
| Minute Entry for motion hearing proceedings held before Honorable Judge Barbara J. Rothstein on 1/9/2019: regarding #885 Motion by PricewaterhouseCoopers, LLP for Partial Summary Judgment to Bind the FDIC to the Court's Rulings on Shipped-Not-Paid Damages, heard, argued and taken under advisement. Court Reporter: Elizabeth Saint-Loth. Plaintiffs' Counsel: David Mullin; Defendants' Counsel: Christopher Landgraff and Philip Beck. Time in Court: 1 hour, 38 minutes. Oral Argument held on 1/11/2019 (NO PDF document attached to this notice). (Court Reporter Elizabeth Sant-Loth.) (djy, ) |
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Filing 911
(TEXT ) MINUTE ORDER: PWC shall file its motion for summary judgment on or before January 28, 2019. The FDIC's response shall be filed on or before February 11, 2019, and PWC's reply shall be file no later than February 25, 2019. In addition, the Court expects the parties to have contacted the mediator by Monday, January 14, 2019 to arrange for mediation. Signed by Honorable Judge Barbara J. Rothstein on 1/9/2019. (no pdf document attached to this entry) ((kh, )
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| Filing 910 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 12 (Attachments: #1 Exhibit D2602, #2 Exhibit D2605, #3 Exhibit D2612, #4 Exhibit D2613, #5 Exhibit D2614, #6 Exhibit D2615, #7 Exhibit D2616, #8 Exhibit D2617, #9 Exhibit D2626, #10 Exhibit D2636, #11 Exhibit D2759, #12 Exhibit D2761, #13 Exhibit D2762, #14 Exhibit D2820, #15 Exhibit D2894, #16 Exhibit D2895, #17 Exhibit D2937, #18 Exhibit D3017, #19 Exhibit D3050, #20 Exhibit D3052, #21 Exhibit D3064, #22 Exhibit D3067, #23 Exhibit D3068, #24 Exhibit D3069, #25 Exhibit D3070, #26 Exhibit D3071, #27 Exhibit D3072, #28 Exhibit D3073, #29 Exhibit D3074, #30 Exhibit D3075, #31 Exhibit D3076, #32 Exhibit D3077, #33 Exhibit D3078, #34 Exhibit D3079, #35 Exhibit D3080, #36 Exhibit D4000, #37 Exhibit D4001, #38 Exhibit D4002, #39 Exhibit D4003, #40 Exhibit D4005, #41 Exhibit D4008, #42 Exhibit D4012, #43 Exhibit D4013, #44 Exhibit D4015, #45 Exhibit D4016, #46 Exhibit D4017, #47 Exhibit D4018, #48 Exhibit D4019, #49 Exhibit D4020, #50 Exhibit D4021, #51 Exhibit D4022)(Levine, Mark) |
| Filing 909 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 11 (Attachments: #1 Exhibit D1824, #2 Exhibit D1825, #3 Exhibit D1832, #4 Exhibit D1833, #5 Exhibit D1834, #6 Exhibit D1835, #7 Exhibit D1836, #8 Exhibit D1871, #9 Exhibit D1884, #10 Exhibit D1885, #11 Exhibit D1886, #12 Exhibit D1887, #13 Exhibit D1888, #14 Exhibit D1889, #15 Exhibit D1891, #16 Exhibit D1892, #17 Exhibit D1893, #18 Exhibit D1894, #19 Exhibit D1899, #20 Exhibit D1928, #21 Exhibit D1971, #22 Exhibit D1972, #23 Exhibit D1982, #24 Exhibit D1983, #25 Exhibit D2222, #26 Exhibit D2233, #27 Exhibit D2239, #28 Exhibit D2285, #29 Exhibit D2321, #30 Exhibit D2375, #31 Exhibit D2379, #32 Exhibit D2382, #33 Exhibit D2394, #34 Exhibit D2431, #35 Exhibit D2437, #36 Exhibit D2438, #37 Exhibit D2442, #38 Exhibit D2446, #39 Exhibit D2450, #40 Exhibit D2452, #41 Exhibit D2459, #42 Exhibit D2471, #43 Exhibit D2482, #44 Exhibit D2492, #45 Exhibit D2509, #46 Exhibit D2510, #47 Exhibit D2517, #48 Exhibit D2521, #49 Exhibit D2524, #50 Exhibit D2525, #51 Exhibit D2526, #52 Exhibit D2528, #53 Exhibit D2530, #54 Exhibit D2539, #55 Exhibit D2551, #56 Exhibit D2554, #57 Exhibit D2558, #58 Exhibit D2572, #59 Exhibit D2573, #60 Exhibit D2576, #61 Exhibit D2588, #62 Exhibit D2597)(Levine, Mark) |
| Filing 908 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 10 (Attachments: #1 Exhibit D1712, #2 Exhibit D1713, #3 Exhibit D1714, #4 Exhibit D1715, #5 Exhibit D1716, #6 Exhibit D1721, Part 1, #7 Exhibit D1721, Part 2, #8 Exhibit D1721, Part 3, #9 Exhibit D1721, Part 4, #10 Exhibit D1721, Part 5, #11 Exhibit D1721, Part 6, #12 Exhibit D1721, Part 7, #13 Exhibit D1721, Part 8, #14 Exhibit D1721, Part 9, #15 Exhibit D1721, Part 10, #16 Exhibit D1721, Part 11, #17 Exhibit D1721, Part 12, #18 Exhibit D1721, Part 13, #19 Exhibit D1721, Part 14, #20 Exhibit D1721, Part 15, #21 Exhibit D1721, Part 16, #22 Exhibit D1721, Part 17, #23 Exhibit D1721, Part 18, #24 Exhibit D1721, Part 19, #25 Exhibit D1721, Part 20, #26 Exhibit D1721, Part 21, #27 Exhibit D1721, Part 22, #28 Exhibit D1721, Part 23, #29 Exhibit D1721, Part 24, #30 Exhibit D1721, Part 25, #31 Exhibit D1721, Part 26, #32 Exhibit D1721, Part 27, #33 Exhibit D1721, Part 28, #34 Exhibit D1721, Part 29, #35 Exhibit D1721, Part 30, #36 Exhibit D1721, Part 31, #37 Exhibit D1721, Part 32, #38 Exhibit D1721, Part 33, #39 Exhibit D1721, Part 34, #40 Exhibit D1721, Part 35, #41 Exhibit D1721, Part 36, #42 Exhibit D1721, Part 37, #43 Exhibit D1721, Part 38, #44 Exhibit D1721, Part 39, #45 Exhibit D1721, Part 40, #46 Exhibit D1721, Part 41, #47 Exhibit D1721, Part 42, #48 Exhibit D1721, Part 43, #49 Exhibit D1721, Part 44, #50 Exhibit D1721, Part 45, #51 Exhibit D1721, Part 46, #52 Exhibit D741, Part 1, #53 Exhibit D1741, Part 2, #54 Exhibit D1741, Part 3, #55 Exhibit D1741, Part 4, #56 Exhibit D1741, Part 5, #57 Exhibit D1765, #58 Exhibit D1768, #59 Exhibit D1796, #60 Exhibit D1797)(Levine, Mark) |
| Filing 907 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 9 (Attachments: #1 Exhibit D809, #2 Exhibit D816, #3 Exhibit D824, #4 Exhibit D831, #5 Exhibit D832, #6 Exhibit D844, #7 Exhibit D847, #8 Exhibit D869, #9 Exhibit D886, #10 Exhibit D905, Part 1, #11 Exhibit D905, Part 2, #12 Exhibit D905, Part 3, #13 Exhibit D905, Part 4, #14 Exhibit D905, Part 5, #15 Exhibit D913, #16 Exhibit D914, #17 Exhibit D939, #18 Exhibit D977, #19 Exhibit D978, #20 Exhibit D994, #21 Exhibit D1021, #22 Exhibit D1024, #23 Exhibit D1025, #24 Exhibit D1026, #25 Exhibit D1031, #26 Exhibit D1033, #27 Exhibit D1034, #28 Exhibit D1040, #29 Exhibit D1042, #30 Exhibit D1067, #31 Exhibit D1084, #32 Exhibit D1165, #33 Exhibit D1176, #34 Exhibit D1312, #35 Exhibit D1370, Part 1, #36 Exhibit D1370, Part 2, #37 Exhibit D1370, Part 3, #38 Exhibit D1370, Part 4, #39 Exhibit D1419, #40 Exhibit D1463, #41 Exhibit D1488, #42 Exhibit D1536, #43 Exhibit D1537, #44 Exhibit D1558, #45 Exhibit D1567, #46 Exhibit D1596, #47 Exhibit D1597, #48 Exhibit D1599, #49 Exhibit D1600, #50 Exhibit D1607, #51 Exhibit D1608, #52 Exhibit D1617, #53 Exhibit D1624, #54 Exhibit D1625, #55 Exhibit D1626, #56 Exhibit D1627, #57 Exhibit D1628, #58 Exhibit D1629, #59 Exhibit D1630, #60 Exhibit D1631, #61 Exhibit D1637, #62 Exhibit D1638, #63 Exhibit D1639, #64 Exhibit D1640, #65 Exhibit D1641, #66 Exhibit D1642, #67 Exhibit D1643, #68 Exhibit D1644, #69 Exhibit D1650, #70 Exhibit D1653, #71 Exhibit D1671, #72 Exhibit D1694, #73 Exhibit D1695, #74 Exhibit D1696, #75 Exhibit D1697, #76 Exhibit D1698, #77 Exhibit D1699)(Levine, Mark) |
| Filing 906 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 8 (Attachments: #1 Exhibit D301, #2 Exhibit D304, #3 Exhibit D307, #4 Exhibit D308, #5 Exhibit D313, #6 Exhibit D315, #7 Exhibit D316, #8 Exhibit D339, #9 Exhibit D344, #10 Exhibit D354, #11 Exhibit D357, #12 Exhibit D358, #13 Exhibit D364, #14 Exhibit D365, #15 Exhibit D366, #16 Exhibit D372, #17 Exhibit D375, #18 Exhibit D377, Part 1, #19 Exhibit D377, Part 2, #20 Exhibit D377, Part 3, #21 Exhibit D377, Part 4, #22 Exhibit D377, Part 5, #23 Exhibit D377, Part 6, #24 Exhibit D377, Part 7, #25 Exhibit D379, #26 Exhibit D382, #27 Exhibit D383, #28 Exhibit D384, #29 Exhibit D385, #30 Exhibit D386, #31 Exhibit D387, #32 Exhibit D418, #33 Exhibit D419, #34 Exhibit D422, #35 Exhibit D426, #36 Exhibit D427, #37 Exhibit D428, #38 Exhibit D429, #39 Exhibit D430, #40 Exhibit D435, #41 Exhibit D436, #42 Exhibit D437, #43 Exhibit D438, #44 Exhibit D439, #45 Exhibit D440, #46 Exhibit D544, #47 Exhibit D545, #48 Exhibit D567, #49 Exhibit D568, #50 Exhibit D569, #51 Exhibit D597, #52 Exhibit D598, #53 Exhibit D604, #54 Exhibit D610, #55 Exhibit D705, #56 Exhibit D733, #57 Exhibit D735, #58 Exhibit D744, #59 Exhibit D760, #60 Exhibit D780)(Levine, Mark) |
| Filing 905 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 7 (Attachments: #1 Exhibit D110, #2 Exhibit D113, #3 Exhibit D116, #4 Exhibit D128, #5 Exhibit D133, #6 Exhibit D135, #7 Exhibit D137, #8 Exhibit D146, #9 Exhibit D149, #10 Exhibit D155, #11 Exhibit D160, #12 Exhibit D163, #13 Exhibit D166, #14 Exhibit D168, #15 Exhibit D170, #16 Exhibit D171, #17 Exhibit D182, #18 Exhibit D184, #19 Exhibit D187, #20 Exhibit D190, #21 Exhibit D191, #22 Exhibit D192, #23 Exhibit D193, #24 Exhibit D195, #25 Exhibit D202, #26 Exhibit D204, #27 Exhibit D206, #28 Exhibit D209, #29 Exhibit D210, #30 Exhibit D212, #31 Exhibit D215, #32 Exhibit D216, #33 Exhibit D224, #34 Exhibit D227, #35 Exhibit D228, #36 Exhibit D234, #37 Exhibit D240, #38 Exhibit D242, #39 Exhibit D246, #40 Exhibit D249, #41 Exhibit D252, #42 Exhibit D253, #43 Exhibit D254, #44 Exhibit D256, #45 Exhibit D257, #46 Exhibit D258, #47 Exhibit D259, #48 Exhibit D260, #49 Exhibit D262, #50 Exhibit D263, #51 Exhibit D264, #52 Exhibit D265, Part 1, #53 Exhibit D265, Part 2, #54 Exhibit D265, Part 3, #55 Exhibit D265, Part 4, #56 Exhibit D265, Part 5, #57 Exhibit D266, #58 Exhibit D267, #59 Exhibit D270, #60 Exhibit D273, #61 Exhibit D277, #62 Exhibit D283, #63 Exhibit D284, #64 Exhibit D286, #65 Exhibit D297, #66 Exhibit D299)(Levine, Mark) |
| Filing 904 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 6 (Attachments: #1 Exhibit D2, #2 Exhibit D3, #3 Exhibit D4, #4 Exhibit D8, #5 Exhibit D9, #6 Exhibit D11, #7 Exhibit D12, #8 Exhibit D14, #9 Exhibit D16, #10 Exhibit D17, Part 1, #11 Exhibit D17, Part 2, #12 Exhibit D17, Part 3, #13 Exhibit D17, Part 4, #14 Exhibit D17, Part 5, #15 Exhibit D19, #16 Exhibit D22, #17 Exhibit D23, #18 Exhibit D24, #19 Exhibit D25, #20 Exhibit D26, #21 Exhibit D28, #22 Exhibit D30, #23 Exhibit D31, #24 Exhibit D32, #25 Exhibit D33, #26 Exhibit D36, #27 Exhibit D37, #28 Exhibit D40, #29 Exhibit D42, #30 Exhibit D43, #31 Exhibit D44, #32 Exhibit D47, #33 Exhibit D48, Part 1, #34 Exhibit D48, Part 2, #35 Exhibit D48, Part 3, #36 Exhibit D49, #37 Exhibit D51, #38 Exhibit D53, #39 Exhibit D54, #40 Exhibit D55, #41 Exhibit D59, #42 Exhibit D60, #43 Exhibit D62, #44 Exhibit D67, #45 Exhibit D68, #46 Exhibit D69, #47 Exhibit D75, #48 Exhibit D76, #49 Exhibit D80, #50 Exhibit D82, #51 Exhibit D83, #52 Exhibit D84, #53 Exhibit D85, #54 Exhibit D87, #55 Exhibit D88, #56 Exhibit D91, #57 Exhibit D92, #58 Exhibit D94)(Levine, Mark) |
| Filing 903 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits (Attachments: #1 Exhibit B182, #2 Exhibit B234, #3 Exhibit B235, #4 Exhibit B286, #5 Exhibit B312, #6 Exhibit B321)(Levine, Mark) |
| Filing 902 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 4 (Attachments: #1 Exhibit A300, #2 Exhibit A301, #3 Exhibit A304, #4 Exhibit A305, #5 Exhibit A308, #6 Exhibit A309, #7 Exhibit A315, #8 Exhibit A316, #9 Exhibit A319, #10 Exhibit A320, #11 Exhibit A323, #12 Exhibit A324, #13 Exhibit A325, #14 Exhibit A327, #15 Exhibit A328, #16 Exhibit A330, #17 Exhibit A331, #18 Exhibit A332, #19 Exhibit A333, #20 Exhibit A340, #21 Exhibit A341, #22 Exhibit A343, #23 Exhibit A350, #24 Exhibit A351, #25 Exhibit A352, #26 Exhibit A354, #27 Exhibit A355, #28 Exhibit A357, #29 Exhibit A361, #30 Exhibit A362, #31 Exhibit A363, #32 Exhibit A365, #33 Exhibit A367, #34 Exhibit A368, #35 Exhibit A369, #36 Exhibit A370, #37 Exhibit A371, #38 Exhibit A372, #39 Exhibit A376, #40 Exhibit A378, #41 Exhibit A380, #42 Exhibit A381, #43 Exhibit A383, #44 Exhibit A384, #45 Exhibit A385, #46 Exhibit A389, #47 Exhibit A390, #48 Exhibit A391, #49 Exhibit A396, #50 Exhibit A398, #51 Exhibit A400)(Levine, Mark) |
| Filing 901 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 3 (Attachments: #1 Exhibit A203, #2 Exhibit A204, #3 Exhibit A205, #4 Exhibit A207, #5 Exhibit A218, #6 Exhibit A219, #7 Exhibit A220, #8 Exhibit A224, #9 Exhibit A226, #10 Exhibit A227, #11 Exhibit A232, #12 Exhibit A238, #13 Exhibit A239, #14 Exhibit A242, #15 Exhibit A243, #16 Exhibit A244, #17 Exhibit A246, #18 Exhibit A247, #19 Exhibit A248, #20 Exhibit A249, #21 Exhibit A258, #22 Exhibit A259, #23 Exhibit A261, #24 Exhibit A264, #25 Exhibit A265, #26 Exhibit A266, #27 Exhibit A279, #28 Exhibit A281, #29 Exhibit A283, #30 Exhibit A291, #31 Exhibit A293, #32 Exhibit A295, #33 Exhibit A296, #34 Exhibit A297, #35 Exhibit A298)(Levine, Mark) |
| Filing 900 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 2 (Attachments: #1 Exhibit A100, #2 Exhibit A101, #3 Exhibit A102, #4 Exhibit A103, #5 Exhibit A104, #6 Exhibit A105, #7 Exhibit A106, #8 Exhibit A107, #9 Exhibit A108, #10 Exhibit A110, #11 Exhibit A112, #12 Exhibit A113, #13 Exhibit A114, #14 Exhibit A115, #15 Exhibit A116, #16 Exhibit A117, #17 Exhibit A118, #18 Exhibit A120, #19 Exhibit A123, #20 Exhibit A124, #21 Exhibit A127, #22 Exhibit A128, #23 Exhibit A131, #24 Exhibit A133, #25 Exhibit A134, #26 Exhibit A135, #27 Exhibit A136, #28 Exhibit A137, #29 Exhibit A140, #30 Exhibit A141, #31 Exhibit A142, #32 Exhibit A143, #33 Exhibit A144, #34 Exhibit A146, #35 Exhibit A148, #36 Exhibit A149, #37 Exhibit A150, #38 Exhibit A151, #39 Exhibit A152, #40 Exhibit A153, #41 Exhibit A154, #42 Exhibit A156, #43 Exhibit A172, #44 Exhibit A185, #45 Exhibit A186, #46 Exhibit A188, #47 Exhibit A198)(Levine, Mark) |
| Filing 899 NOTICE by PricewaterhouseCoopers LLP of Filing Admitted Trial Exhibits, Part 1 (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A6, #6 Exhibit A7, #7 Exhibit A10, #8 Exhibit A11, #9 Exhibit A12, #10 Exhibit A13, #11 Exhibit A14, #12 Exhibit A15, #13 Exhibit A16, #14 Exhibit A17, #15 Exhibit A18, #16 Exhibit A19, #17 Exhibit A20, #18 Exhibit A21, #19 Exhibit A22, #20 Exhibit A23, #21 Exhibit A25, #22 Exhibit A30, #23 Exhibit A31, #24 Exhibit A32, #25 Exhibit A33, #26 Exhibit A34, #27 Exhibit A36, #28 Exhibit A41, #29 Exhibit A52, #30 Exhibit A53, #31 Exhibit A54, #32 Exhibit A55, #33 Exhibit A56, #34 Exhibit A57, #35 Exhibit A58, #36 Exhibit A61, #37 Exhibit A63, #38 Exhibit A64, #39 Exhibit A65, #40 Exhibit A66, #41 Exhibit A67, #42 Exhibit A68, #43 Exhibit A69, #44 Exhibit A73, #45 Exhibit A82, #46 Exhibit A83, #47 Exhibit A84, #48 Exhibit A85, #49 Exhibit A86, #50 Exhibit A87, #51 Exhibit A88, #52 Exhibit A89, #53 Exhibit A90, #54 Exhibit A91, #55 Exhibit A92, #56 Exhibit A93, #57 Exhibit A96, #58 Exhibit A97, #59 Exhibit A98, #60 Exhibit A99)(Levine, Mark) |
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Filing 898
(TEXT) MINUTE ORDER: The Court will hold oral argument on PWC's Motion for Partial Summary Judgment to Bind the FDIC to the Court's Rulings on Shipped-Not-Paid Damages (Dkt. No. #885 ) on Wednesday, January 9, 2019 at 2:00pm (EST) at the E. Barrett Prettyman Federal Courthouse in Washington D.C.. Signed by Honorable Judge Barbara J. Rothstein on 12/14/2018. (no pdf document attached to this entry)(furn: calendar)(kh, )
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| Filing 897 NOTICE by PricewaterhouseCoopers LLP of Firm Name Change (Levine, Mark) |
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Filing 896
ORDER DENYING FDIC'S MOTION FOR RECONSIDERATION: For the foregoing reasons, the Court DENIES the FDIC's Motion for Reconsideration of Order Granting Summary Judgment on Prejudgment Interest. Signed by Honorable Judge Barbara J. Rothstein on 11/26/2018. (kh, )
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Filing 895
ORDER: The Court, having reviewed the Joint Motion dated November 15, 2018 of Plaintiffs The Colonial BancGroup, Inc. and Kevin OHalloran, as plan trustee, and Defendant PricewaterhouseCoopers LLP for dismissal with prejudice of Case No. 2:11-cv-00746-BJR (dkt. no. #894 ), and being otherwise fully advised: IT IS HEREBY ORDERED that Case No. 2:11-cv-00746 ("BancGroup Action") is dismissed with prejudice in its entirety pursuant to Fed. R. Civ. P. 41(a)(2). All parties to the BancGroup Action shall bear their own costs relating to such action. This dismissal does not affect Case No. 2:12-cv-00957-BJR brought by the Federal Deposit Insurance Corporation, as receiver for Colonial Bank, which remains pending before the Court. All filings related to Case No. 2:12-cv-00957 shall continue to be filed in Case No. 2:11-cv-00746. Signed by Honorable Judge Barbara J. Rothstein on 11/16/2018. (kh, )
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| Filing 894 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup Action With Prejudice by Kevin O'Halloran, The Colonial BancGroup, Inc. and PricewaterhouseCoopers LLP. (Dorsey, Rufus) Modified on 11/16/2018 to add as filed on behalf of the defendant. (kh, ). |
| Filing 893 REPLY BRIEF re #885 MOTION for Partial Summary Judgment to Bind the FDIC to the Court's Rulings on Shipped-Not-Paid Damages filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Levine, Mark) |
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Filing 892
ORDER OF DISMISSAL WITH PREJUDICE WITH RESPECT TO CROWE HORWATH LLP Pursuant to the Agreed Motion for Entry of Order of Dismissal with Respect to Crowe Horwath, LLP ("Crowe") and the Court being fully advised, it is HEREBY ORDERED, pursuant to Fed. R. Civ. P. 41(a)(2), that: 1. This action is dismissed with prejudice as to Crowe. 2. This Order does not relate to, release, dismiss or impact the Federal Deposit Insurance Corporation as Receiver for Colonial Banks ("FDIC-R") claims and causes of action asserted against PricewaterhouseCoopers, LLP ("PwC") in this action. The Court will decide PwC's request for a setoff based upon the Crowe Settlement Payment at a later date. See Dkt. No. #856 , PWC's Motion to Reduce Damages Based on FDIC-Crowe Settlement; Dkt. No. #878 , Joint Status Report as to Setoff with Respect to Settlement (containing FDIC-R's and PwC's respective positions). 3. The FDIC-R and Crowe shall bear their own attorneys' fees and costs with respect to any claims, counterclaims and causes of action in this action between the FDIC-R and Crowe. Neither the FDIC-R nor Crowe shall have any liability to the other for fees and costs incurred in connection with any other aspect of this action. Signed by Honorable Judge Barbara J. Rothstein on 10/17/2018. (kh, )
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Filing 891
TEXT ORDER: The Court having been notified that Plaintiffs Colonial BancGroup, Inc. and Kevin OHalloran ("CBG") and Defendant PwC LLP ("PWC") have reached a settlement in principle in The Colonial BancGroup, Inc. and Kevin OHalloran v. PricewaterhouseCoopers LLP and Crowe Horwath, LLP, case number 11-CV-746, HEREBY STRIKES the Motion for Summary Judgment against CBG on CBG's Claims arising out of the 2007 Audit (Dkt. No. #805 ). PWC may refile the motion should it become necessary. Signed by Honorable Judge Barbara J. Rothstein on 10/15/2018. (no pdf document attached to this entry)(kh, )
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| Filing 890 REPLY BRIEF re #882 MOTION for Reconsideration re #677 Order on Motion for Partial Summary Judgment filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 889 RESPONSE in Opposition re #885 MOTION for Partial Summary Judgment to Bind the FDIC to the Court's Rulings on Shipped-Not-Paid Damages filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kipp, Grace) |
| Filing 888 RESPONSE in Opposition re #882 MOTION for Reconsideration re #677 Order on Motion for Partial Summary Judgment of Prejudgment Interest filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Levine, Mark) |
| Filing 887 NOTICE of FILING EXHIBIT UNDER SEAL by PricewaterhouseCoopers LLP re #885 MOTION for Partial Summary Judgment to Bind the FDIC to the Court's Rulings on Shipped-Not-Paid Damages (Attachments: #1 Exhibit 5)(kh, ) |
| Filing 886 NOTICE by PricewaterhouseCoopers LLP of Filing Exhibit Under Seal (Novak, Tabor) |
| Filing 885 MOTION for Partial Summary Judgment to Bind the FDIC to the Court's Rulings on Shipped-Not-Paid Damages by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1 - 8/24/18 Hearing Transcript Excerpts, #2 Exhibit 2 - 12/21/16 Hearing Transcript Excerpts, #3 Exhibit 3 - 2/7/17 Reed Email, #4 Exhibit 4 - 2/15/17 Hearing Transcript Excerpts, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Compilation of Trial Transcript Excerpts, #7 Exhibit 7 - 9/13/17 Hearing Transcript Excerpts)(Levine, Mark) (Attachment 5 replaced on 9/18/2018) (kh, ). |
| Case Reassigned to Honorable Judge Wallace Capel, Jr. Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge. (no pdf document attached to this entry) (kh, ) |
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Filing 884
TEXT ORDER: PWC's opposition to the Motion for Reconsideration regarding Order on Motion for Partial Summary Judgment [Dkt. No. 882] shall be filed on or before September 25, 2018 and the FDIC's reply shall be filed on or before October 12, 2018. Signed by Honorable Judge Barbara J. Rothstein on 9/5/2018. (no pdf document attached to this entry)(kh, )
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Filing 883
REVISED STANDING ORDER FOR CIVIL CASES, as further set out. Signed by Honorable Judge Barbara J. Rothstein on 9/5/2018. (kh, ) Modified on 9/5/2018 to add the word "revised" (kh, ).
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| Filing 882 MOTION for Reconsideration re #677 Order on Motion for Partial Summary Judgment by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
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Filing 881
TEXT ORDER: The FDIC's motion to file an over-length brief on its motion for reconsideration regarding this Court's denial of prejudgment interest (Dkt. No. #880 ) is HEREBY GRANTED. The FDIC's brief and PWC's opposition shall not exceed fifteen (15) pages. In addition, PWC's brief regarding the FDIC's jury trial claims shall be filed on or before September 14, 2018, the FDIC's opposition shall be filed by October 5, 2018, and PWC's reply shall be filed by October 19, 2018. Signed by Honorable Judge Barbara J. Rothstein on 9/4/2018. (no pdf document attached to this entry)(kh, ) Modified on 9/5/2018 to correct jury trial claims date. (kh, ).
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| Minute Entry for status conference proceedings held before Honorable Judge Barbara J. Rothstein: Motion Hearing held on 8/24/2018 re: #805 MOTION for Summary Judgment Against CBG on CBG'S Claims Arising Out of the 2007 Audit; Defense Briefings to be filed no later than 9/14/2018. Court Reporter: Crystal Pilgrim. Plaintiff's Counsel (C BG): Rufus Dorsey, IV, Nicholas DiCarlo, Ronald Coleman, Kevin O'Halloran, Plaintiff's Counsel (FDIC): David Mullin, Stephen Sorensen, Larry Heftman, Gregory Conway, Michael Pollack, Grace Kipp (by telephone); Defense Counsel (PwC): Philip Beck, Mark Levine, Jameson Jones, Nicolas Martinez. Time in court 1 hour 22 min. (NO PDF attached for court use only). (Court Reporter Crystal Pilgrim.) (djy, ) |
| Filing 880 MOTION for Leave to File Excess Pages by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
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Filing 879
TEXT ORDER: The hearing currently regarding the #805 motion set for August 2, 2018 will now be held on Friday, August 24, 2018 at 10:30am (EST) in Judge Rothstein's courtroom, Courtroom 19, in the United States District Court for the District of Columbia. Signed by Honorable Judge Barbara J. Rothstein on 7/26/2018. (no pdf document attached to this entry) (furn: calendar, wr)(kh, )
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| Filing 878 STATUS REPORT as to Setoff with respect to Crowe settlement by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
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Filing 877
TEXT ORDER: A hearing will be held on PWC's Motion for Summary Judgment against CBG on CBG's Claims arising out of the 2007 Audit on August 2, 2018 at 2:00 pm (EST) in Judge Rothstein's courtroom in the United States Courthouse for the District of Columbia. Signed by Honorable Judge Barbara J. Rothstein on 7/11/2018. (no pdf document attached to this entry)(furn: WR, calendar)(kh, )
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Filing 876
TEXT ORDER: The Court hereby strikes the FDIC's Motion for Order Precluding New Setoff Theory (Dkt. No. #840 ). The motion is moot in light of the Order on the Damages Phase of the PWC Bench Trial (Dkt. No. #875 ). Signed by Honorable Judge Barbara J. Rothstein on 7/3/2018. (no pdf document attached to this entry)(kh, ) (kh, ).
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Filing 875
Order on the Damages Phase of the PWC Bench Trial: For the foregoing reasons, this Court concludes that the FDIC has established by a preponderance of the evidence that PWC's negligence proximately caused the FDIC's asserted damages and further concludes that the FDIC has quantified its damages to a reasonable certainty. Accordingly, the FDIC is entitled to $625,309,085 in damages from PWC. Signed by Honorable Judge Barbara J. Rothstein on 7/2/2018. (kh, )
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Filing 874
TEXT ORDER: Upon the Motion To Withdraw as Individual Counsel filed by counsel for Defendant PricewaterhouseCoopers LLP ("PWC") (Dkt. No. #873 ), and it appearing that Defendant is ably represented in this civil action and has been notified, it is ORDERED that Meredith Moss and Paul Alessio Mezzina are hereby allowed to withdraw as counsel for PWC and that their names be removed from all pleadings and service lists. Signed by Honorable Judge Barbara J. Rothstein on 7/2/2018. (no pdf document attached to this entry)(kh, )
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| *** Attorney Paul Alessio Mezzina and Meredith Moss terminated pursuant to the 874 text order. (no pdf document attached to this entry) (kh, ) |
| Filing 873 MOTION to Withdraw as Attorney Meredith Moss and Paul Alessio Mezzina by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Mezzina, Paul) |
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Filing 872
ORDER denying the Movants' #806 Motion to Intervene, as further set out. Signed by Honorable Judge Barbara J. Rothstein on 6/4/2018. (kh, )
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| Filing 871 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/22/2018 at 1:30pm in Washington DC (Afternoon Session), before Judge Barbara J. Rothstein. Court Reporter/Transcriber Bryan A. Wayne, Telephone number (202) 354-3186. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 870 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of BENCH TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/20/2018 at 2:00pm in Washington DC (Afternoon Session), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Bryan A. Wayne, Telephone number (202) 354-3186. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 869 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of BENCH TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/23/2018 at 9:29am in Washington DC, before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Elizabeth Saint-Loth, Telephone number 202-354-3242. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 868 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of BENCH TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/22/2018 at 10:02am in Washington DC, before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Elizabeth Saint-Loth, Telephone number 202-354-3242. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 867 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of BENCH TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/20/2018 at 9:33am in Washington DC, before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Elizabeth Saint-Loth, Telephone number 202-354-3242. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 866 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRETRIAL CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/19/2018 at 1:03pm in Washington DC, before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Elizabeth Saint-Loth, Telephone number 202-354-3242. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 865 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRETRIAL CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/13/2018 at 1:06pm in Washington DC, before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Elizabeth Saint-Loth, Telephone number 202-354-3242. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. (kh, ) |
| Filing 864 RESPONSE in Opposition re #862 Joint MOTION to Dismiss with Respect to Crowe Horwath filed by PricewaterhouseCoopers LLP. (Landgraff, Christopher) |
| Filing 863 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank of Receipt of Crowe Settlement Proceeds (Mullin, David) |
| Filing 862 Joint MOTION to Dismiss with Respect to Crowe Horwath by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Text of Proposed Order Proposed Order)(Mullin, David) |
| Filing 861 NOTICE by PricewaterhouseCoopers LLP of Response to the FDIC's Proposed Findings of Fact and Conclusions on Damages (Levine, Mark) |
| Filing 860 BRIEF/MEMORANDUM in Opposition re #850 Proposed Findings of Fact filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
| Filing 859 REPLY BRIEF re #856 MOTION to Reduce Damages Based on FDIC-Crowe Settlement filed by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 858 RESPONSE in Opposition re #856 MOTION to Reduce Damages Based on FDIC-Crowe Settlement filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
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Filing 857
TEXT ORDER: Having reviewed the parties' Proposed Findings of Fact and Conclusions of Law ([Dkt. Nos. #850 and #851 ), the Court hereby orders that each party file a responsive brief on or before April 25, 2018. Each brief shall not exceed 25 pages. Signed by Honorable Judge Barbara J. Rothstein on 4/9/2018. (no pdf document this attached entry)(kh, )
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| Filing 856 MOTION to Reduce Damages Based on FDIC-Crowe Settlement by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levine, Mark) |
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Filing 855
TEXT ORDER: Upon the #853 Motion for Leave to Withdraw as Counsel filed by counsel for PWC, and it appearing that Defendants are ably represented in this civil action and have been notified, it is ORDERED that Christopher R. Hagale is hereby allowed to withdraw as counsel for PWC, and that his name be removed from all pleadings and service lists. Signed by Honorable Judge Barbara J. Rothstein on 4/3/18. (NO PDF document attached to this notice). (djy, )
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Filing 854
TEXT ORDER: Having been notified by the FDIC and Crowe that they have reached a settlement, the Court hereby cancels the bench trial that was scheduled to begin on Wednesday, 4/4/2018. The parties shall file a joint motion for entry of dismissal with respect to Crowe, along with a proposed order granting the motion, on or before 5/1/2018. Signed by Honorable Judge Barbara J. Rothstein on 4/3/18. (NO PDF document attached to this notice). Furnished to calendar group & AR (terminates non-jury trial 4/4/2018).(djy, )
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| Filing 853 MOTION to Withdraw as Attorney Christopher R. Hagale by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Levine, Mark) |
| *** Attorney Christopher R. Hagale terminated pursuant to 855 text order (NO PDF document attached to this notice). (djy, ) |
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Filing 852
TEXT ORDER: Having been notified by the parties that they are presently engaged in settlement negotiations, the Court continues the start of the Crowe liability trial to Wednesday, April 4, 2018 at 9:00 am in the United States District Court for the District of Columbia. Signed by Honorable Judge Barbara J. Rothstein on 4/2/2018. (no pdf document attached to this entry)(furn: calendar, ar)(kh, )
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| Filing 851 Proposed Findings of Fact by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 850 Proposed Findings of Fact by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 849 Notice: Joint Agreed Admitted Trial Exhibits for the damages phase of the PWC Bench Trial. (djy, ) |
| Filing 848 BRIEF/MEMORANDUM in Opposition to PWC's #847 MEMORANDUM regarding The REO Mortgages filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) Modified on 3/30/2018 to clarify text to reflect as RESPONSE to #847 MEMORANDUM (qc/djy, ). |
| Filing 847 MEMORANDUM regarding The REO Mortgages by PricewaterhouseCoopers LLP. (Levine, Mark) Modified on 3/30/2018 to clarify text to reflect as MEMORANDUM (qc/djy, ). |
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Filing 846
TEXT ORDER: The Court HEREBY ORDERS that at least twenty-four hours before the direct examination of a witness, the party calling the witness shall furnish opposing counsel with a list of exhibits that will be used during direct examination. Likewise, prior to commencing cross examination, counsel shall furnish opposing counsel with a list of exhibits that will be used during cross examination. Signed by Honorable Judge Barbara J. Rothstein on 3/27/18. (NO PDF document attached to this notice).(djy, )
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Filing 845
TEXT ORDER: As set forth in the Order regarding matters presented at the pretrial conference for the liability phase of the Crowe bench trial #843 , for the reasons stated at the pretrial conference, the Court HEREBY GRANTS the #836 Motion to Strike the FDIC's Designation of Michael Thomas' 2004 Examination and the #827 Motion to Strike the FDIC's Deposition Designations of David Gibbons. Signed by Honorable Judge Barbara J. Rothstein on 3/27/18. (NO PDF document attached to this notice). (djy, )
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Filing 844
ORDER denying Crowe Horwath LLP's #537 second MOTION for summary judgment on the FDIC's claims, as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 3/27/18. (Attachments: #1 civil appeals checklist) (djy, )
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Filing 843
ORDER, regarding matters presented at the Pretrial conference relating to the upcoming bench trial involving the claims asserted by the Federal Deposit Insurance Corporation as Receiver for Colonial Bank (FDIC-R) against Crowe Horwath LLP ("Crowe"), as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 3/27/18. (djy, )
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| NOTICE of Court clarifying that the following documents were previously emailed to chambers of Judge Rothstein during last week's trial on March 21 and 22, 2018: #840 MOTION for Order Precluding New Setoff Theory and #841 Response in Opposition to Motion (NO PDF document attached to this notice). (djy, ) |
| Filing 842 Witness List ("ORDER OF PRESENTATION") by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) Modified on 3/27/2018 to include actual title. (dmn, ) |
| Filing 841 RESPONSE in Opposition re #840 MOTION for Order Precluding New Setoff Theory filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Levine, Mark) |
| Filing 840 MOTION for Order Precluding New Setoff Theory by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Menge, Mary) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Bench Trial on Damages resumed and concluded on 03/23/18. Parties to file proposed findings of fact in conclusion of law. FDIC Witness: Kenneth Malek; (No PDF Document attached to this notice). Time in court 3:10. (Court Reporter Elizabeth Saint Loth.) (djy, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Bench Trial on Damages resumed and held on 03/22/18. The bench trial that was scheduled for 03/21/18 was not held, the court was closed due to inclement weather. Bench Trial continued to 03/23/18 at 9:30 AM in Courtroom 5 before Judge Barbara Jacobs Rothstein. FDIC Witness: Kenneth Malek; PWC Witness: Kenneth Lehn (No PDF document attached to this notice). Time in Court 4:32 (Court Reporter Elizabeth Saint Loth AM; Brian Wayne PM.) (djy, ) |
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Filing 839
TEXT ORDER: At the pretrial conference on March 19, 2018, the Court took the following matters under advisement: (1) Crowe's motion to exclude the expert testimony of Shepherd Pryor, and (2) the admissibility of Exhibits C540 and C1473. The Court now rules as follows. The Court has reviewed the parties' briefing pertaining to Crowe's motion to exclude the expert testimony of Shepherd Pryor ("Pryor"). Crowe maintains that Pryor is not qualified to offer an opinion rebutting the interpretation offered by Crowe's experts Nicholas Ketcha ("Ketcha") and Donald Musso ("Musso"), of the Interagency Policy Statement issued by the FDIC and other federal regulators. Nor, according to Crowe, is Pryor qualified to testify on the subject of corporate governance principles. Crowe further argues that Pryor's failure to review certain depositions renders his opinion unreliable and not helpful to the Court. Having reviewed Pryor's experience as set forth by the FDIC, the Court determines that Crowe's concerns do not disqualify Pryor as an expert. While clearly Pryor lacks the regulatory experience that Crowe's experts Ketcha and Musso have, that factor is to be considered when determining the weight that the Court will ultimately give his testimony. Court finds that Pryor's practical experience sufficiently qualifies him to testify as an expert in this case. The other issues raised by Crowe will be addressed at trial. Therefore, Crowe's motion to exclude Pryor's testimony is DENIED. In addition, the Court will EXCLUDE Exhibits C540 and C1473 as inadmissible hearsay. IT IS SO ORDERED. Signed by Honorable Judge Barbara J. Rothstein on 3/21/2018. (no pdf document attached to this entry)(kh, )
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| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Bench Trial on damages begun and held on 3/20/2018. Bench trial continued to 3/21/2018 in Courtroom 5 before Judge Barbara Jacobs Rothstein. FDIC Witness: Kenneth Malek (No PDF document attached to this notice). Time in Court 6:23 (Court Reporter Elizabeth Saint Loth AM; Brian Wayne PM.) (djy, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Pretrial Conference for Crowe Horwath, LLP held on 3/19/2018; Bench trial to begin on Tuesday, 4/3/2018 @ 9:30 am, in Courtroom 5 before Judge Barbara Jacobs Rothstein. Plaintiffs Counsel: David Mullen, John Turner, Grace Tipp; Defense Counsel: Jonathan Meadow, Robert Segall, Mark Ryan, Stanley Parzen. Creditors Motion was denied by the Court. Order to be issued by the Court. (Court Reporter: Elizabeth St. Loth: Time Frame Courtroom 5, [1:05:00 - 2:36:00; 2:52:00-3:20:00]) (NO PDF document attached to this notice). (Court Reporter Elizabeth St. Loth.) (djy, ) |
| Filing 838 REPLY BRIEF FDIC-R's Response to Crowe's Opp'n to the FDIC's Request that the Court Reconsider its Prior Ruling Regarding the Testimony of Michael Thomas filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
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Filing 837
TEXT ORDER: The Court HEREBY GRANTS (Dkt. No. #834 ) CBG's request for oral argument on PWC's Motion for Summary Judgment against CBG on CBG's Claims arising out of the 2007 Audit (Dkt. No. #805 ). The Court will set a date for the hearing after the conclusion of the Crowe bench trial. Signed by Honorable Judge Barbara J. Rothstein on 3/16/2018. (no pdf document attached to this entry)(kh, )
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| Filing 836 MOTION to Strike the FDIC's Designation of Michael Thomas' 2004 Examination by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Parzen, Stanley) |
| Filing 835 BRIEF/MEMORANDUM in Opposition to the FDIC's Request that the Court Reconsider Its Prior Ruling Regarding the Testimony of Mr. Michael Thomas filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parzen, Stanley) |
| Filing 834 MOTION Request for Oral Argument re #825 Response in Opposition to Motion, #831 Reply Brief, #805 MOTION for Summary Judgment Against CBG on CBG'S Claims Arising Out of the 2007 Audit by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 833 Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Pretrial Conference on Damages held on 3/13/2018; Bench Trial on Damages to begin on Tuesday, 03/20/18 @ 9:30 AM, in Courtroom 5 before Judge Barbara Jacobs Rothstein. Plaintiffs Counsel: David Mullen, Stephen Sorenson, Larry Heftman and Greg Conway; Defense Counsel: Meredith Moss, Philip Beck, Christopher Hagale, Mark Levine, Christopher Landgraff, Nicolas Martinez and Paul Mezzino, also present: John Meadows for Crow; Time in court 1:05 to 1:10 (PDF available for court use only). (Court Reporter Elizabeth St. Loth.) (djy, ) |
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Filing 832
The Court, having reviewed the #804 Joint Motion dated February 8, 2018 of Plaintiffs The Colonial BancGroup, Inc. and Kevin OHalloran, as Plan Trustee, (collectively, "Plaintiffs") and Defendant Crowe Horwath LLP ("Crowe") for dismissal without prejudice of Plaintiffs' claims against Crowe, and being otherwise fully advised in the premises, IT IS HEREBY ORDERED that: 1. Plaintiffs' claims against Crowe (the "Claims") are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(2) (the "Dismissal") subject to the terms of this Order. 2. Any and all rights or obligations of Plaintiffs or Crowe with respect to the Claims following the Dismissal shall remain unimpaired except as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 3/12/2018. (kh, )
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| Filing 831 REPLY BRIEF re #805 MOTION for Summary Judgment Against CBG on CBG'S Claims Arising Out of the 2007 Audit filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levine, Mark) |
| Filing 830 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. re #807 Objection to, #817 Reply to Response to Motion, #815 Reply to Response to Motion,, #804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice, #820 Notice (Other),,, Second Notice by BancGroup of Status of Proceedings on Creditors' Motions and Briefing in Bankruptcy Court (Dorsey, Rufus) |
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Filing 829
TEXT ORDER: Having reviewed the Motion to Withdraw Objection to Joint Motion for Dismissal of BancGroup's Claims against Crowe Without Prejudice (Dkt. No. #828 ), the Court HEREBY GRANTS the motion. The Objection is stricken from the record. Signed by Honorable Judge Barbara J. Rothstein on 3/12/2018. (kh, )
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| Filing 828 MOTION to Withdraw #807 Objection to, Joint Motion for Dismissal of Bancgroup's Claims Against Crowe Without Prejudice by Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Ramsey, Shane) |
| Filing 827 MOTION to Strike The FDIC'S Deposition Designations of David Gibbons by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Parzen, Stanley) |
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Filing 826
TEXT ORDER: The motions at Dkt. Nos. #733 and #738 are stricken from the record as moot in light of the order at Dkt. No. #800 . Signed by Honorable Judge Barbara J. Rothstein on 3/9/2018. (no pdf document attached to this entry)(kh, )
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| Filing 825 RESPONSE in Opposition re #805 MOTION for Summary Judgment Against CBG on CBG'S Claims Arising Out of the 2007 Audit filed by The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A - Holman v. Johnson, #2 Exhibit B - Blackstone's Commentaries, #3 Exhibit C - Transcript Excerpts)(Dorsey, Rufus) |
| Filing 824 REPLY BRIEF re #807 Objection to, #817 Reply to Response to Motion, #815 Reply to Response to Motion,, #804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice - Omnibus Reply to Responses of CBG and Crowe in Support of Objection to Joint Motion to Dismiss filed by Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Ramsey, Shane) |
| Filing 823 REPLY to Response to Motion re #806 MOTION to Intervene and Incorporated Memorandum of Law - Reply to Response of CBG filed by Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Ramsey, Shane) |
| Filing 822 REPLY to Response to Motion re #806 MOTION to Intervene and Incorporated Memorandum of Law - Reply to Response of Crowe filed by Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Ramsey, Shane) |
| Filing 821 REPLY to Response to Motion re #806 MOTION to Intervene and Incorporated Memorandum of Law - Reply to Response of PwC filed by Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Ramsey, Shane) |
| Filing 820 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. re #817 Reply to Response to Motion, #807 Objection to, #815 Reply to Response to Motion,, #804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice Notice by BancGroup of Status of Proceedings on Creditors' Motions and Briefing in Bankruptcy Court (Attachments: #1 Exhibit Creditors Bankruptcy Motion on Proposed Dismissal, #2 Exhibit Notice of Hearing, #3 Exhibit Notice of Rescheduled Hearing, #4 Exhibit BancGroup Response to Creditors Bankruptcy Motion, #5 Exhibit Declaration of Plan Trustee, #6 Exhibit Creditors Reply Brief, #7 Exhibit Declaration of Kurt Lageschulte, #8 Exhibit Notice of Continued Hearing)(Dorsey, Rufus) |
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Filing 819
TEXT ORDER: Upon the #813 Motion for Leave to Withdraw as Counsel filed by counsel for PWC, and it appearing that Defendants are ably represented in this civil action and have been notified, it is ORDERED that Drew D. Dropkin and Juanita Kuhner are hereby allowed to withdraw as counsel for PWC, and that their names be removed from all pleadings and service lists. Signed by Honorable Judge Barbara J. Rothstein on 2/29/2018. (no pdf document attached to this entry)(kh, )
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| *** Attorney Drew David Dropkin and Juanita Passyn Kuhner terminated pursuant to the 819 text order. (no pdf document attached to this entry) (kh, ) |
| Filing 818 RESPONSE in Opposition re #806 MOTION to Intervene and Incorporated Memorandum of Law filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1 - April 2008 Engagement Letter, #2 Exhibit 2 - Motion Requiring Showing of Reasonableness)(Parzen, Stanley) |
| Filing 817 REPLY to Response to Motion re #804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice DEFENDANT CROWE HORWATH LLP'S RESPONSE TO CREDITORS' OBJECTION filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1 - Motion Requiring Showing of Reasonableness, #2 Exhibit 2 - April 2008 Engagement Letter)(Parzen, Stanley) |
| Filing 816 RESPONSE in Opposition re #806 MOTION to Intervene and Incorporated Memorandum of Law Response of BancGroup in Opposition to Motion to Intervene by Creditors filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit Plan Confirmation Order Excerpt)(Dorsey, Rufus) |
| Filing 815 REPLY to Response to Motion re #804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice Response of BancGroup to Creditors' Objection to Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit Bankruptcy Court Memorandum Opinion, #2 Exhibit Plan Confirmation Order, #3 Exhibit Bankruptcy Court Order of July 15, 2011, #4 Exhibit Plan Trustee Declaration, #5 Exhibit Creditors Bankruptcy Motion)(Dorsey, Rufus) |
| Filing 814 RESPONSE in Opposition re #806 MOTION to Intervene and Incorporated Memorandum of Law filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Levine, Mark) |
| ***Attorney Shane G. Ramsey for Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP,JDS1 LLC, MILFAM, LLC,TAR Holdings LLC added pursuant to the #808 motion (no pdf document attached to this entry)(kh, ) |
| Filing 813 MOTION to Withdraw as Attorney (Drew Dropkin and Juanita Kuhner) by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Moss, Meredith) |
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Filing 812
TEXT ORDER granting #808 Motion for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 2/15/2018. (no pdf document attached to this entry)(kh, )
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| Filing 811 Pro Hac Vice Filing fee received for Shane Ramsey re #808 Motion: $ 50.00, receipt number 4602048359 (kh, ) |
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Filing 810
TEXT ORDER: A motion to intervene has been filed by MILFAM LLC, Alimco Financial Corporation, Broadbill Partners II LP, Black Rhino LP, TAR Holdings, LLC, and JDS1 LLC ("Creditors") (Dkt. No. #806 ). The Court instructs that any parties' response to the motion shall be filed on or before February 22, 2018. The Creditors shall file a reply brief no later than February 28, 2018. Signed by Honorable Judge Barbara J. Rothstein on 2/14/2018. (no pdf document attached to this entry)(kh, )
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Filing 809
TEXT ORDER: Having reviewed the Joint Motion for Dismissal of BancGroup's Claims against Crowe without Prejudice (Dkt. No. #804 ) and the objection thereto filed by MILFAM LLC, Alimco Financial Corporation, Broadbill Partners II LP, Black Rhino LP, TAR Holdings, LLC, and JDS1 LLC ("Creditors") (Dkt. No. #807 ), the Court instructs CBG and Crowe to file a response to the Creditors' objection on or before February 22, 2018. The Creditors shall file a reply brief no later than February 28, 2018. Signed by Honorable Judge Barbara J. Rothstein on 2/13/2018. (no pdf document attached to this entry)(kh, )
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| Filing 808 Motion to Appear Pro Hac Vice by Alimco Financial Corporation, Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing for Shane Ramsey, #2 Exhibit B - Order for Admission for Shane Ramsey)(Taube, Gregory) |
| Filing 807 (STRICKEN PURSUANT TO THE COURT'S 829 ORDER) Objection to re #804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice filed by Black Rhino LP, Broadbill Partners II, LP, JDS1 LLC, MILFAM, LLC, TAR Holdings LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Taube, Gregory) Modified on 3/12/2018 (kh, ). |
| Filing 806 MOTION to Intervene and Incorporated Memorandum of Law by MILFAM, LLC, Alimco Financial Corporation, Broadbill Partners II, LP, Black Rhino LP, TAR Holdings LLC, JDS1 LLC. (Taube, Gregory) |
| Filing 805 MOTION for Summary Judgment Against CBG on CBG'S Claims Arising Out of the 2007 Audit by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Levine, Mark) |
| Filing 804 Joint MOTION to Dismiss Joint Motion for Dismissal of BancGroup's Claims Against Crowe Without Prejudice by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit Proposed Order)(Dorsey, Rufus) |
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Filing 803
TEXT ORDER: The parties presented to the Court the following issue: Whether Crowe's expert witness, Christopher James, should be permitted to submit a response to the updated schedule that the FDIC's expert witness, Kenneth Malek, will file on February 12, 2018. The parties agree that Crowe's damages expert, Jason Wells, is entitled to file a response to Mr. Malek's updated schedule. However, the FDIC disputes that Mr. James, whose opinions are limited to what affect economic conditions had on Colonial's damages, should be allowed to file a response as well. Given that the allowed revisions to Mr. Malek's schedule have been clearly delineated (removing the Shipped Not Paid damages (including associated recoveries), prejudgment interest, and PWC's audit fees from his calculations, as well as accounting for additional recoveries the FDIC has received since Mr. Malek filed his latest schedule), the Court is not persuaded that Crowe is entitled to file a response from Mr. James. Mr. Wells' response will sufficiently address the allowed revisions to Mr. Malek's schedule. Signed by Honorable Judge Barbara J. Rothstein on 2/6/2018. (no pdf document attached to this entry)(kh, )
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Filing 802
TEXT ORDER: The Court hereby sets the following dates: The pretrial conference for the damages phase of the PWC bench trial is set for March 13, 2018 at 1:00 pm at the United States District Court for the District of Columbia; the bench trial for the damages phase of the PWC bench trial is set for March 20, 2018 at 9:00 am at the United States District Court for the District of Columbia; the pretrial conference for the liability phase of the Crowe bench trial is set for March 19, 2018 at 1:00 pm at the United States District Court for the District of Columbia; the liability phase of the Crowe bench trial is set for April 3, 2018 at 9:00 am. The first week of the bench trial will take place at the United States District Court for the District of Columbia. The next two weeks will be held at the United States District Court for the Middle District of Alabama. The final week of the bench trial will be held at the United States District Court for the District of Columbia. Signed by Honorable Judge Barbara J. Rothstein on 1/31/2018. (furn: ar, calendar,) (no pdf document attached to this entry)(kh, )
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Filing 801
Order on Briefing Schedule, as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 1/26/2018. (kh, )
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Filing 800
Order on PwC Damages Trial: It is ORDERED that: (a). The FDIC, CBG, and PwC shall engage in mediation as soon as practicable. The parties will notify the Court when mediation has been scheduled. (b). The pretrial conference for the PwC damages trial is scheduled for March 13, 2018 at 1:00 P.M. (c). The PwC damages trial is scheduled for March 20-22, 2018, as futher set out. Signed by Honorable Judge Barbara J. Rothstein on 1/26/2018. (furn: calendar, ar)(kh, )
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| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Status Conference held on 1/22/2018; time in court 1 hour 50 mins (NO PDF document attached to this notice). (Court Reporter Barbara DeVico.) (djy, ) |
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Filing 799
TEXT ORDER: A status conference will be held before Judge Rothstein on January 22, 2018 at 1:00 pm in courtroom 5 at the E. Barrett Prettyman United States Courthouse in Washington, D.C. On or before January 17, 2018 the parties shall jointly submit via email to the law clerk a list of the attorneys who will be attending the hearing, as well as a list of the issues the parties would like to discuss. Signed by Honorable Judge Barbara J. Rothstein on 1/5/2018. (no pdf document attached to this entry) (furn: calendar, ar)(kh, )
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Filing 798
ORDER ON THE LIABILITY PHASE OF THE PWC BENCH TRIAL: Based on the foregoing, the Court HEREBY RULES as follows: (1) The FDIC's professional negligence claim against PWC is GRANTED; (2) PWC breached the professional duties it owed CBG as CBG's independent, external auditor. However, CBG's professional negligence claim is barred by: (a) the in pari delicto doctrine, (b) the Hinkle rule, and (3) the audit interference rule. Therefore, CBG's professional negligence claim against PWC is DENIED; (3) CBG's breach of contract claim against PWC is DENIED; (4) The FDIC's breach of contract claim against PWC is DENIED; (5) The FDIC's wantonness claim against PWC is DENIED; and (6) BOA's breach of the duties it owed Colonial was an intervening cause of Colonial's shipped not paid losses. Therefore, the FDIC is barred from recovering those losses. Signed by Honorable Judge Barbara J. Rothstein on 12/28/2017. (kh, )
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| Filing 797 NOTICE by Crowe Horwath, LLP of FILING UNDER SEAL (Segall, Robert) |
| Filing 796 REPLY BRIEF re #742 Notice (Other),, (Defendant Crowe Horwath LLP's Reply in Support of Request for Correction) (Redacted Version) filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13)(Parzen, Stanley) (Additional attachment(s) added on 11/21/2017: #6 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 11/21/2017) (kh, ). (Attachment 2 replaced on 11/21/2017) (kh, ). (Attachment 3 replaced on 11/21/2017) (kh, ). (Attachment 4 replaced on 11/21/2017) (kh, ). (Attachment 5 replaced on 11/21/2017) (kh, ). |
| Filing 795 NOTICE of filing under seal its opposition and sealed exhibits to Crowe Horwath LLP's request for Correction by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #793 OPPOSITION (REDACTED). (djy, ) |
| Filing 794 JOINDER in Sections I and II of Plaintiff Federal Deposit Insurance Corporation as Receiver for Colonial Bank's #793 Opposition to Crowe Horwath LLP's #742 Request for Correction, by Kevin O'Halloran, The Colonial BancGroup, Inc. (Campbell, Andrew) Modified on 11/7/2017 to clean up text and reflect this is a joinder; wrong event code selected when originally filed. (dmn, ) |
| Filing 793 OPPOSITION (REDACTED) to Crowe Horwath LLP's #742 Request for Correction by Federal Deposit Insurance Corporation as Receiver for Colonial Bank, (Attachments: #1 Exhibit A (Sealed), #2 Exhibit B, #3 Exhibit C (Sealed), #4 Exhibit D (Sealed), #5 Exhibit E (Sealed), #6 Exhibit F, #7 Exhibit G (Sealed), #8 Exhibit H, #9 Exhibit I (Sealed), #10 Exhibit J (Sealed), #11 Exhibit K (Sealed), #12 Exhibit L (Sealed), #13 Exhibit M (Sealed), #14 Exhibit N, #15 Exhibit O, #16 Exhibit P (Sealed))(Kipp, Grace) Modified on 11/3/2017 (kh, ). Modified on 11/7/2017 to reflect actual title and include redacted. (dmn, ) (Additional attachment(s) added on 11/9/2017 to attach unredacted main document and all Sealed Exhibit PDF documents: #17 Unredacted main document) (qc/djy, ). |
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Filing 792
TEXT ORDER: Having received the parties proposed findings of fact and conclusions of law as to the liability phase of the PWC bench trial, the Court finds that its original estimate for issuing the liability order was unrealistic. Therefore, the Court HEREBY VACATES all remaining dates in the PWC and Crowe bench trials. The Court anticipates holding a status conference within two weeks after the PWC liability order is issued to reschedule the vacated dates. Signed by Honorable Judge Barbara J. Rothstein on 10/31/2017. (no pdf document attached to this entry) (furn: ar, calendar)(term: Non-Jury Trial Set for 11/27/2017 at 09:00 AM; Non-Jury Trial Set for 12/04/2017 at 09:00 AM)(kh, )
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| Filing 791 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/22/2017 - Day 5 (pgs. 793-911), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/23/2017. Release of Transcript Restriction set for 1/22/2018. (kh, ) |
| Filing 790 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/21/2017 - Day 4 (pgs. 556-651), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/23/2017. Release of Transcript Restriction set for 1/22/2018. (kh, ) |
| Filing 789 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/20/2017 - Day 3 (pgs. 351-44), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim AM. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/23/2017. Release of Transcript Restriction set for 1/22/2018. (kh, ) |
| Filing 788 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/19/2017 - Day 2 (pgs. 193-300), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/23/2017. Release of Transcript Restriction set for 1/22/2018. (kh, ) |
| Filing 787 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/18/2017 - Day 1 (pgs. 1-87), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/23/2017. Release of Transcript Restriction set for 1/22/2018. (kh, ) |
| Filing 786 Amended Joint Agreed Admitted Trial Exhibits to #776 Joint Agreed Admitted Trial Exhibits. (kh, ) |
| Filing 785 Proposed Findings of Fact by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Thomas, Steven) |
| Filing 784 Proposed Findings of Fact by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 783 Proposed Findings of Fact by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 782 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/13/2017 - Day 16 ( pgs. 3187-3270), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (kh, ) |
| Filing 781 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/12/2017 - Day 15 (pgs. 3057-3186), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (kh, ) Modified on 10/20/2017 (kh, ). |
| Filing 780 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/11/2017 - Day 14 ( pgs. 2769-2882) , before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (kh, ) Modified on 10/20/2017 (kh, ). |
| Filing 779 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/10/2017 - Day 13 (pgs. 2498-2623), before Honorable Judge Honorable Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (kh, ) Modified on 10/20/2017 (kh, ). |
| Filing 778 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/25/2017 - Day 6 (pgs. 1004-1118) before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (kh, ) Modified on 10/20/2017 (kh, ). |
| Filing 777 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of (A.M. SESSION) TRANSCRIPT OF BENCH TRIAL (Non Jury) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/22/2017 - Day 5 (pgs. 793-911), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Crystal Pilgrim. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (kh, ) Modified on 10/20/2017 (kh, ). |
| Filing 776 Joint Agreed Admitted Trial Exhibits. (kh, ) |
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Filing 775
TEXT ORDER: Having heard argument by counsel on Thursday, October 12, 2017, the Court ruled as follows with respect to certain exhibits offered as evidence at trial: (1) Exhibit D2 is Admitted; (2) Exhibit D3 is Admitted; (3) Exhibit D34 is Excluded as hearsay; (4) Exhibit D174 is Excluded as not relevant; (5) Exhibit D401 is Excluded as not relevant; (6) Exhibit D430 is Admitted; (7) Exhibit D2788 is Excluded as not relevant; (8) Exhibit D2789 is Excluded as not relevant; (9) Exhibit D2796 is Excluded as not relevant; (10) Exhibit D3064 is Admitted; (11) Exhibit P1897 is Excluded as hearsay. In addition, the Court took under consideration arguments on Exhibits D399-D400, and PWC withdrew Exhibit D3066. Signed by Honorable Judge Barbara J. Rothstein on 10/18/2017. (no pdf document attached to this entry)(kh, )
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Filing 774
(TEXT) MINUTE ORDER: The following motions are HEREBY RE-NOTED for consideration: Crowe's Second Motion for Summary Judgment against the FDIC (Dkt. No. #537 ) and Crowe's Summary Judgment Motion as to CBG (Dkt. No. #540 ). Signed by Honorable Judge Barbara J. Rothstein on 10/18/2017. (no pdf document attached to this entry)(kh, )
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| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held and completed on 10/13/2017 (NO PDF document attached to this notice-See docket entry 773 for detailed docket entry of this proceeding). (Court Reporter Crystal Pilgrim AM, Barbara DeVico PM.) (djy, ) |
| Filing 773 Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held and concluded on 10/13/2017 in The Colonial BancGroup, Inc. vs. Pricewaterhouse Coopers, case only; time in court 4 hours 25 minutes (No PDF document attached to this notice) (Court Reporter Crystal Pilgrim AM, Barbara DeVico PM.) (djy, ) |
| Filing 772 Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 10/12/2017 and continued to 10/13/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC; time in court 3 hours 15 minutes; Defense Expert witness: Sandra Johnigan; Rebuttal Witness: Kevin O'Halloran (No PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM & PM.) (djy, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial (Begun-time in court 5 hours 20 minutes) held on 10/11/2017; Defense Expert Witness: Sandra Johnigan (NO PDF document attached to this notice).(Court Reporter Crystal Pilgrim AM, Barbara DeVico PM.) (kh, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial (Begun-time in court 6 hours 0 minutes) held on 10/10/2017; Defense Witness: Jeffrey Naumann (NO PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM; Janice Dickman PM.) (kh, ) |
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Filing 771
TEXT ORDER: The Court HEREBY SUSPENDS indefinitely all pretrial dates, including the deadline to file motions in limine, the pretrial conference date, and the trial date for the PWC jury trial. The dates will be rescheduled, if necessary, after the Crowe bench trial concludes. Signed by Honorable Judge Barbara J. Rothstein on 10/10/2017. Copy furnished to calendar group, AG. (Deadline terminated: PWC Jury trial set for 1/8/2018.)(dmn, ) (NO PDF)
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| ***Attorney Mark Hong Forrester and David Schillinger for Federal Deposit Insurance Corporation as Receiver for Colonial Bank added pursuant to the 770 order. (no pdf document attached to this entry) (kh, ) |
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Filing 770
TEXT ORDER granting #757 Motion for David Schillinger to Appear Pro Hac Vice ; granting #758 Motion for Mark Forrester to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 10/6/2017.(no pdf document attached to this entry)(kh, )
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Filing 769
TEXT ORDER: Judge Rothstein HEREBY SETS the following dates. The parties shall submit proposed findings of fact and conclusions of law with respect to the liability phase of the PWC bench trial on or before October 20, 2017. The damages phase of the PWC bench trial shall commence at 9:00am on November 27, 2017 in the United States District Courthouse in Washington, D.C. The Crowe bench trial shall commence at 9:00am on December 4, 2017 in the United States District Courthouse for the Middle District of Alabama. Signed by Honorable Judge Barbara J. Rothstein on 10/6/2017. (no pdf document attached to this entry)(furn: calendar, ar)(kh, )
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| Filing 767 Pro Hac Vice Filing fee received re #757 motion ( David Schillinger ): $ 50.00, receipt number 4602045376(kh, ) |
| Filing 766 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of NONJURY TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/4/2017 (pages 2470 through 2497), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (kh, ) |
| Filing 768 Pro Hac Vice Filing fee received re #757 motion (Mark Forrester): $ 50.00, receipt number 4602046912 (kh, ) |
| Filing 765 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of NONJURY TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/3/2017 ( pages 2207-2469), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/25/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/2/2018. (kh, ) Modified on 10/4/2017 (kh, ). |
| Filing 764 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of NONJURY TRIAL Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/2/2017 (pages 1970-2206), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/25/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/2/2018. (kh, ) Modified on 10/4/2017 (kh, ). |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 10/4/2017 in Montgomery, AL and continued to 10/10/2017 in Washington, DC. Time in court 40 minutes; defense witness: Sarah Moore. (No PDF attached - see final trial entry) (Court Reporter Tricia Starkie.) (ajr, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 10/3/2017 and continued to 10/4/2017 in Montgomery, AL; time in court 7 hours 20 minutes; plaintiff witness: Lewis Beville; defendant witnesses: Mary Bathen and Sarah Moore. (No PDF attached - see final trial entry) (Court Reporter Tricia Starkie.) (ajr, ) |
| Filing 763 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/28/2017 (Afternoon Session), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/2/2018. (kh, ) Modified on 10/4/2017 (kh, ). |
| Filing 762 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/27/2017 (Afternoon Session), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/2/2018. (kh, ) Modified on 10/4/2017 (kh, ). |
| Filing 761 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/26/2017 (Afternoon Session), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/2/2018. (kh, ) Modified on 10/4/2017 (kh, ). |
| Filing 760 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/18/2017 (Afternoon Session), before Honorable Judge Barbara J. Rothstein. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/2/2018. (kh, ) Modified on 10/4/2017 (kh, ). |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 10/2/2017 and continued to 10/3/2017 in Montgomery, AL; time in court 6 hours 20 minutes; plaintiff witnesses: Phillip Rivers and Lewis Beville. (No PDF attached - see final trial entry) (Court Reporter Tricia Starkie.) (ajr, ) |
| Filing 758 Motion for Mark Forrester to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) Modified on 10/3/2017 to add the attorney's name. (kh, ). |
| Filing 757 Motion for David Schillinger to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) Modified on 10/3/2017 to add the attorney's name (kh, ). |
| Corrected Hearing for calendar purposes: Non-Jury Trial (continued from DC for this week) set for 10/2/2017 @ 10:00 a.m. in Courtroom 2F, Montgomery, AL before Honorable Judge Barbara J. Rothstein; Non-Jury Trial (continued) set for 10/10/2017 before Honorable Judge Barbara J. Rothstein, in Washington, DC (NO PDF document attached to this notice). (djy, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/28/2017 and continued to 10/2/2017 before Judge Barbara Jacobs Rothstein in Montgomery, AL; time in court 5 hours; Defense witnesses: Patrick Cox, Timothy Lucas (No PDF document attached to this notice). (Court Reporter Barbara Devico AM; Janice Dickman PM.) (djy, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/27/2017 and continued to 9/28/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 8:30 a.m.; time in court 6 hours 15 minutes; Defense witness: Gary Westbrook, Patrick Cox (No PDF document attached to this notice). (Court Reporter Barbara Devico AM; Janice Dickman PM.) (djy, ) |
| Filing 756 NOTICE by PricewaterhouseCoopers LLP of Offer of Proof Concerning Mr. Malek (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Levine, Mark) |
| Filing 755 REPLY BRIEF Regarding How the Court Should Address Proximate Causation for the "Shipped Not Paid" Damaages in the Context of the Bifurcated Trial filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit H)(Levine, Mark) |
| Filing 759 FDIC-R'S NOTICE OF FILING UNDER SEAL ITS OPPOSITION TO PWC'C BENCH BRIEF REGARDING HOW THE COURT SHOULD ADDRESS PROXIMATE CAUSATION FOR THE "SHIPPED NOT PAID" DAMAGES by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(kh, ) |
| Filing 754 BRIEF/MEMORANDUM in Opposition re #753 Notice (Other), BENCH BRIEF REGARDING HOW THE COURT SHOULD ADDRESS PROXIMATE CAUSATION FOR THE SHIPPED NOT PAID DAMAGES IN THE CONTEXT OF A BIFURCATED TRIAL filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Spotswood, Robert) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/26/2017 and continued to 9/27/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 9:00 a.m.; time in court 5 hours 20 minutes; Defense witness: Gary Westbrook (No PDF document attached to this notice). (Court Reporter Barbara Devico AM; Janice Dickman PM.) (djy, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/25/2017 and continued to 9/26/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 9:00 a.m.; time in court 6 hours 5 minutes; Defense witness: Kim Jackson (No PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM; Barbara Devico PM.) (djy, ) |
| Filing 753 NOTICE by PricewaterhouseCoopers LLP of Bench Brief Regarding How The Court Should Address Proximate Causation for the "Shipped Not Paid" Damages in the Context of this Bifurcated Trial (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Levine, Mark) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/22/2017 and continued to 9/25/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 9:00 a.m.; time in court 5 hours 45 minutes; Defense witness: Gary Westbrook (No PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM; Barbara Devico PM.) (djy, ) |
| Filing 752 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank of Filing Business Records Affidavit of Wendy Brooks (Turner, John) |
| Filing 751 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank of Filing Business Records Affidavit of Amy Nunneley (Turner, John) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/21/2017 and continued to 9/22/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 9:00 a.m.; time in court 7 hours 30 minutes; Plaintiff Witness: Douglas Carmichael; Defense Witness Gary Westbrook (No PDF document attached to this notice).(Court Reporter Crystal Pilgrim AM; Barbara Devico PM.) (djy, ) Modified on 9/25/2017 to add witness names (qc/djy, ). |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/20/2017 and continued to 9/21/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 9:00 a.m.; time in court 4 hours 50 minutes; Plaintiff Witness: Douglas Carmichael (No PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM; Barbara Devico PM.) (djy, ) Modified on 9/25/2017 to add witness name (qc/djy, ). |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial held on 9/19/2017 and continued to 9/20/2017 before Judge Barbara Jacobs Rothstein in Courtroom 5 Washington, DC @ 9:00 a.m.; time in court 3 hours 38 minutes; Plaintiff Witness: Kevin O'Halloran (No PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM; Barbara Devico PM.) (djy, ) Modified on 9/25/2017 to add witness name (qc/djy, ). |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Non-Jury Trial (Begun-time in court 5 hours 5 minutes) held on 9/18/2017; Plaintiff Witness: Kevin O'Halloran (NO PDF document attached to this notice). (Court Reporter Crystal Pilgrim AM; Janice Dickman PM.) (djy, ). Modified on 9/25/2017 to include witness name (qc/djy, ). |
| Filing 750 NOTICE by PricewaterhouseCoopers LLP of Bench Brief on Trustee's Inability to Testify to Matters Beyond His Personal Knowledge (Attachments: #1 Exhibit A)(Levine, Mark) |
| Corrected Hearing for calendar purposes: Non-Jury Trial set for 9/18/2017 before Honorable Judge Barbara J. Rothstein, Washington, DC; Non-Jury Trial (continued) set for 10/2/2017 @ 10:00 AM in CR 2F before Honorable Judge Barbara J. Rothstein, in Montgomery, AL; Non-Jury Trial (continued) set for 10/10/2017 before Honorable Judge Barbara J. Rothstein, in Washington, DC (NO PDF document attached to this notice). (djy, ) |
| Filing 749 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Updated Trial Length Estimate and Order of Presentation (Mullin, David) |
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Filing 748
TEXT ORDER - Non-Jury Trial set for 10/2/2017 10:00 AM in CR 2F before Honorable Judge Barbara J. Rothstein. Entered by Honorable Judge Barbara J. Rothstein on 9/15/17. (No PDF attached) (ajr, )
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| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Pretrial Conference held on 9/13/2017: Dep Clerk: Lynn Coln; Pla Counsel: David Mullen, John Turner, Steven Thomas, Nick DiCarlo, Rufus Dorsey, Rami Burbar, Def Counsel: Philip Beck, Mark Levine, Meredith Moss, Jon Medow, Stanley Parzen, Chris Hagale CR: Scott Wallace; Trial procedures were discussed: (1) the trial is bifurcated into a liability phase and a damages phase. Evidence regarding all alleged intervening causes except market conditions will be presented during the liability phase of the trial; (2) on or before 9/15/17, Plfs shall provide to opposing counsel a revised list of the witnesses that they will call at trial; (3) the parties shall provide to opposing counsel a list and order of witnesses to be called at least two business days before the witnesses are called; (4) hard copies of any exhibits to be used with a witness shall be provided to opposing counsel at least two days before the witness is called; (5) demonstrative exhibits shall be provided to opposing counsel at least one day before the exhibit is used; (6) the FDIC shall notify opposing counsel by the morning of 9/15/17 when they plan to call Mr. Westbrook as a witness; (7) the FDIC shall have one hour for opening statements, CBG shall have forty-five minutes, and PWC shall have one hour and forty-five minutes; (8) on or before 9/15/17, the parties shall provide the Court with an updated trial length estimate as well as a proposed order of presentation; (9) the parties shall coordinate admission of exhibits with the courtroom deputy at the conclusion of each trial day; (10) the parties shall submit proposed findings of fact and conclusions of law with citations to the record at the conclusion of the trial; and (11) the Court takes under advisement the issue of whether the FDICs wantonness claim shall be presented in this trial or the PWC jury trial. Total proceeding time: 135 minutes. (NO PDF document attached to this notice). (Court Reporter Scott Wallace.) (djy, ) |
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Filing 747
ORDER GRANTING IN PART AND DENYING IN PART CBGS #524 MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' AFFIRMATIVE DEFENSES. Signed by Honorable Judge Barbara J. Rothstein on 9/11/2017. (kh, )
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Filing 746
TEXT ORDER regarding PWC's #668 motion to clarify order denying motion to dismiss a portion of the FDIC's third amended complaint. The Court clarifies that it determined the motion to dismiss pursuant to the requisite Federal Rule of Civil Procedure 12(b)(6) standards, including the requirement that the Court take all of the FDIC's allegations in the third amended complaint as true. Signed by Honorable Judge Barbara J. Rothstein on 9/12/17. (NO PDF document attached to this notice).(djy, )
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Filing 745
TEXT ORDER granting #741 Motion for Tully T. Blalock to Withdraw as Attorney.. Signed by Honorable Judge Barbara J. Rothstein on 9/12/17. (NO PDF Document attached to this notice). (djy, )
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Filing 744
TEXT ORDER granting #739 Motion for Paul Alessio Mezzina Leave to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 9/12/17. (NO PDF document attached to this notice). (djy, )
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Filing 743
TEXT ORDER: The Court HEREBY STRIKES the following motions: (1) CBG's #525 motion for partial summary judgment on CBG's claim for breach of contract against Crowe. CBG may refile the motion at the conclusion of PWC's bench trial, (2) CBGs #532 motion to exclude the opinions and testimony of Maria Teresa Blanco. The Court will make a determination as to the relevancy of Ms. Blanco's testimony at trial; (3) CBG's #533 motion to exclude certain opinion and expert testimony of Nicholas J. Ketcha and Donald J. Musso. The Court will determine whether Messrs. Ketch and Musso are qualified to give expert opinion as well as the relevancy of their opinions at trial; (4) PWC's #534 motion for summary judgment on CBG's claims. This motion may be refiled at the conclusion of the liability portion of PWC's bench trial; (5) Crowe's #537 second summary judgment motion on the FDICs claims. This motion may be refiled at the conclusion of the PWC bench trial; (6) Crowe's #540 second motion for summary judgment on CBG's claims. This motion may be refiled at the conclusion of the PWC bench trial; and (7) Crowe's #680 , #686 , #687 , and #688 motions in limine. These motions may be refiled at the conclusion of the PWC bench trial. Signed by Honorable Judge Barbara J. Rothstein on 9/12/17. (NO PDF document attached to this notice). (djy, ) Modified on 9/12/2017 to correct typographical error in text and remove reference to docket entry #668 in (7) of text (qc/djy, ).
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| ***Attorney Trishanda L. Treadwell for Kevin O'Halloran,Trishanda L. Treadwell for The Colonial BancGroup, Inc. added pursuant to the #457 motion. (kh, ) |
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NOTICE of Docket Text Correction re 743 TEXT ORDER to correct order to read as follows: TEXT ORDER: The Court HEREBY STRIKES the following motions: (1) CBG's #525 motion for partial summary judgment on CBG's claim for breach of contract against Crowe. CBG may refile the motion at the conclusion of PWC's bench trial, (2) CBGs #532 motion to exclude the opinions and testimony of Maria Teresa Blanco. The Court will make a determination as to the relevancy of Ms. Blanco's testimony at trial; (3) CBG's #533 motion to exclude certain opinion and expert testimony of Nicholas J. Ketcha and Donald J. Musso. The Court will determine whether Messrs. Ketch and Musso are qualified to give expert opinion as well as the relevancy of their opinions at trial; (4) PWC's #534 motion for summary judgment on CBG's claims. This motion may be refiled at the conclusion of the liability portion of PWC's bench trial; (5) Crowe's #537 second summary judgment motion on the FDICs claims. This motion may be refiled at the conclusion of the PWC bench trial; (6) Crowe's #540 second motion for summary judgment on CBG's claims. This motion may be refiled at the conclusion of the PWC bench trial; and (7) Crowe's #680 , #686 , #687 , and #688 motions in limine. These motions may be refiled at the conclusion of the PWC bench trial. Signed by Honorable Judge Barbara J. Rothstein on 9/12/17. (NO PDF document attached to this notice). (djy, ) Modified on 9/12/2017 to correct typographical error in text and remove reference to docket entry #668 in section (7) of text. (NO PDF document attached to this notice).(djy, )
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| *** Attorney Tully Talbot Blalock terminated pursuant to 745 TEXT ORDER (NO PDF Document attached to this notice). (djy, ) |
| Filing 742 NOTICE by Crowe Horwath, LLP re #720 Order on Motion for Partial Summary Judgment, Defendant Crowe Horwath LLP's Request for Correction (Redacted Version) (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)(Parzen, Stanley) (Attachment 4 replaced on 9/21/2017) (kh, ). (Attachment 5 replaced on 9/21/2017) (kh, ). (Attachment 6 replaced on 9/21/2017) (kh, ). (Attachment 8 replaced on 9/21/2017) (kh, ). (Attachment 7 replaced on 9/21/2017) (kh, ). (Additional attachment(s) added on 9/21/2017: #9 Main Document (Unredacted)) (kh, ). |
| Filing 741 MOTION to Withdraw as Attorney - Tully T. Blalock by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Moss, Meredith) |
| ***Attorney Paul Alessio Mezzina for PricewaterhouseCoopers LLP added pursuant to #739 motion (NO PDF document attached to this notice). (djy, ) |
| Filing 740 Pro Hac Vice Filing fee received re #739 motion (Paul Alessio Mezzina): $ 50.00, receipt number 4602046598 (kh, ) |
| Filing 739 Motion for Paul Alessio Mezzina to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/6/2017 to add the atty's name (kh, ). |
| Filing 737 NOTICE by PricewaterhouseCoopers LLP of Filing 8/31/2017 Ltr. to Judge Rothstein re FRCP 54(b) May Not Be Used to Enter Partial Final Judgment Immediately Following the PwC Bench Trial (Levine, Mark) |
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Filing 736
ORDER REGARDING MOTIONS IN LIMINE, OBJECTIONS TO TRIAL EXHIBITS, AND BIFURCATION OF PWC TRIAL AS TO DAMAGES: For the foregoing reasons, the Court HEREBY RULES as follows: 1. The motions in limine (Dkt. Nos. #679 , #683 , and #684 ) are DENIED; 2. The objections to exhibits are ruled on as set forth in Section B above; and 3. The liability and damages phases of the PWC bench trial are bifurcated. Signed by Honorable Judge Barbara J. Rothstein on 9/1/2017. (kh, )
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Filing 735
ORDER DENYING #722 MOTION TO STAY PROCEEDINGS AND CERTIFY AUGUST 18, 2017 ORDER FOR INTERLOCUTORY APPEAL OR CERTIFY TO THE ALABAMA SUPREME COURT. Signed by Honorable Judge Barbara J. Rothstein on 9/1/2017. (kh, )
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| Minute Entry for oral argument proceedings held before Honorable Judge Barbara J. Rothstein: Dep Clerk: Rhonda Miller; Pla Counsel: David Mullen, Steven Thomas, Nick DiCarlo, Rufus Dorsey, Rami Burbar, Def Counsel: Philip Beck, Mark Levine, Meredith Moss, Jon Medow, Stanley Parzen, Chris Hagale, Nico Martinez CR: Cathy Vernon; Hearing held on 8/29/2017. Oral argument presented on PWC's motion to stay proceedings and certify matter to the Eleventh Circuit and/or the Alabama Supreme Court., various motions in limine, and objections to trial exhibits. The court took all matters under advisement and an order will issue. (NO PDF document attached to this notice). (Court Reporter Cathy Vernon.) (djy, ) |
| Filing 738 DEFENDANT CROWE HORWATH LLP'S MOTION FOR LEAVE TO FILE MOTION IN LIMINE TO BAR EVIDENCE OR ARGUMENT REGARDING PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S UNTIMELY-DISCLOSED DAMAGE CALCULATIONS by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(kh, ) |
| Filing 734 JOINDER re #733 MOTION for Leave to File Motion in Limine to Bar Evidence or Argument Regarding Plaintiff Federal Deposit Insurance Corporation as Receiver for Colonial Bank's Untimely-Disclosed Damage Calculations by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 733 MOTION for Leave to File Motion in Limine to Bar Evidence or Argument Regarding Plaintiff Federal Deposit Insurance Corporation as Receiver for Colonial Bank's Untimely-Disclosed Damage Calculations by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(Parzen, Stanley) |
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Filing 732
TEXT ORDER granting #731 Motion for Melissa Lawton to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 8/29/2017. (no pdf document attached to this entry)(kh, )
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| Filing 731 Motion for Melissa Lawton to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602046524.) by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Declaration of Melissa Lawton, #2 Exhibit 1, #3 Filing Fee Receipt)(kh, ) |
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Filing 730
(TEXT) MINUTE ORDER: A hearing will be held on Wednesday, August 30, 2017 at 2:00pm (PST) before Judge Barbara Jacobs Rothstein in her courtroom on the 16th floor of the United States District Courthouse for the Western District of Washington, 700 Stewart Street, Seattle, WA 98101. Signed by Honorable Judge Barbara J. Rothstein on 8/25/2017. (no pdf document attached to this entry)(kh, )
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| Filing 729 REPLY BRIEF re #722 MOTION to Stay Proceedings and Certify This Court's Order of August 18, 2017, for Interlocutory Appeal or, in the Alternative, to Certify a Question to the Supreme Court of Alabama filed by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 728 RESPONSE in Opposition re #722 MOTION to Stay Proceedings and Certify This Court's Order of August 18, 2017, for Interlocutory Appeal or, in the Alternative, to Certify a Question to the Supreme Court of Alabama filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 727 BRIEF/MEMORANDUM in Opposition re #722 MOTION to Stay Proceedings and Certify This Court's Order of August 18, 2017, for Interlocutory Appeal or, in the Alternative, to Certify a Question to the Supreme Court of Alabama filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
| ***Attorney Stephen P. Sorenson for Federal Deposit Insurance Corporation as Receiver for Colonial Bank pursuant to the #725 motion. (no pdf document attached to this entry) (kh, ) |
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Filing 726
TEXT ORDER denying as moot #719 Motion for Stephen Sorensen to Appear Pro Hac Vice; granting #725 Motion for Stephen Sorensen to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 8/23/2017. (no pdf document attached to this entry)(kh, )
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Filing 724
(TEXT) MINUTE ORDER: Any opposition to Defendant PricewaterhouseCoopers LLP's Motion to Stay Proceedings and Certify this Court's Order of August 18, 2017 for Interlocutory Appeal or, in the alternative, to Certify a Question to the Supreme Court of Alabama (Dkt. No. #722 ) shall be filed by noon (EST) tomorrow, Thursday August 24, 2017. Any reply shall be filed by 9:00am (EST) Friday, August 25, 2017. Signed by Honorable Judge Barbara J. Rothstein on 8/23/2017. (no pdf document attached to this entry)(kh, )
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| Filing 723 JOINDER re #722 MOTION to Stay Proceedings and Certify This Court's Order of August 18, 2017, for Interlocutory Appeal or, in the Alternative, to Certify a Question to the Supreme Court of Alabama by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 722 MOTION to Stay Proceedings and Certify This Court's Order of August 18, 2017, for Interlocutory Appeal or, in the Alternative, to Certify a Question to the Supreme Court of Alabama by PricewaterhouseCoopers LLP. (Levine, Mark) |
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Filing 721
ORDER: In light of the pending substantive motions and motions in limine, the Court has determined that the presently-scheduled pretrial conference is premature. Therefore, the conference set for August 25, 2017 is hereby cancelled. Rulings on pending motions and objections to exhibits will be forthcoming. In addition, the court will schedule a pretrial conference for Wednesday, September 13, 2017 at 9:00 a.m. in Courtroom 12 of the United States District Court for the District of Columbia. SO ORDERED. Signed by Honorable Judge Barbara J. Rothstein on 8/22/2017. (furn: calendar)(kh, )
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| Filing 725 Motion for Stephen Sorensen to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602046476.) by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Filing Fee Receipt)(kh, ) |
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Filing 720
ORDER GRANTING IN PART AND DENYING IN PART FDIC'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' AFFIRMATIVE DEFENSES: The Court hereby GRANTS in part and DENIES in part the FDIC's #516 Motion for Partial Summary Judgment on Defendants' affirmative defenses as further set out in the order. Signed by Honorable Judge Barbara J. Rothstein on 8/18/2017. (dmn, )
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| Filing 719 Motion for Stephen Sorensen to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) Modified on 8/23/2017 (kh, ). |
| Filing 718 NOTICE by PricewaterhouseCoopers LLP re #716 Notice (Other) of PricewaterhouseCoopers Response to the FDIC's Notice of Supplemental Authority (Levine, Mark) |
| Filing 716 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank of Supplemental Authority (Attachments: #1 Exhibit A)(Spotswood, Robert) |
| Filing 715 JOINDER re #714 Response to Motion of Crowe Horwath's Motion in Limine to Bar Evidence or Argument Regarding Tax Refunds Colonial BankGroup Might Have Realized if the Fraud Had Not Been Discovered Earlier by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 714 RESPONSE to Motion re #688 MOTION in Limine filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit 8)(Segall, Robert) (Additional attachment(s) added on 8/16/2017: #2 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 8/16/2017) (kh, ). |
| Filing 717 THE FDIC-R'S NOTICE OF FILING ITS REPLY IN SUPPORT OF ITS MOTION REGARDING THE USE OF CERTAIN EVIDENCE AT TRIAL UNDER SEAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (kh, ) |
| Filing 713 PRETRIAL MEMORANDUM by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Turner, John) |
| Filing 712 PRETRIAL MEMORANDUM by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Turner, John) |
| Filing 711 REPLY to Response to Motion re #679 MOTION in Limine against PricewaterhouseCoopers, LLP BancGroup's Reply in Support of Its Consolidated Motions in Limine Against PricewaterhouseCoopers LLP filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 710 REPLY to Response to Motion re #680 MOTION in Limine against Crowe Horwath LLP BancGroup's Reply in Support of Its Consolidated Motions in Limine Against Crowe Horwath LLP filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 709 NOTICE by Crowe Horwath, LLP re #708 Response in Support of Motion, Filing of Exhibits Under Seal (Segall, Robert) |
| Filing 708 RESPONSE in Support re #698 MOTION for Joinder in Opposition to Crowe's Motion in Limine to Bar Evidence and Argument Related to Lee Farkas's Misappropriation of Funds from Taylor Bean & Whitaker for Personal Reasons filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit 7)(Segall, Robert) (Additional attachment(s) added on 8/16/2017: #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 8, #6 Main Document (Unredacted)) (kh, ). |
| Filing 707 NOTICE by Crowe Horwath, LLP re #706 Response in Support of Motion Filing of Exhibits Under Seal (Segall, Robert) |
| Filing 706 RESPONSE in Support re #686 MOTION in Limine filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit G)(Segall, Robert) (Additional attachment(s) added on 8/16/2017: #3 Exhibit E, #4 Exhibit F, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Main Document (Unredacted)) (kh, ). |
| Filing 705 REPLY BRIEF re #683 MOTION in Limine filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (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)(Spotswood, Robert) (Additional attachment(s) added on 8/16/2017: #10 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 8/16/2017) (kh, ). (Attachment 2 replaced on 8/16/2017) (kh, ). (Attachment 3 replaced on 8/16/2017) (kh, ). (Attachment 4 replaced on 8/16/2017) (kh, ). (Attachment 5 replaced on 8/16/2017) (kh, ). (Attachment 6 replaced on 8/16/2017) (kh, ). (Attachment 7 replaced on 8/16/2017) (kh, ). (Attachment 8 replaced on 8/16/2017) (kh, ). (Attachment 9 replaced on 8/16/2017) (kh, ). |
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Filing 704
ORDER granting #699 Motion for Matthew W. Brewer to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 8/10/2017. (kh, )
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| Filing 703 Pro Hac Vice Filing fee received re #699 motion (Matthew W. Brewer): $ 50.00, receipt number 4602045376 (kh, ) |
| ***Attorney Matthew W. Brewer for PricewaterhouseCoopers LLP added pursuant to the #699 motion. (kh, ) |
| Filing 699 Motion for Matthew W. Brewer to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 8/10/2017 to add the attorney's name (kh, ). |
| Filing 702 DEFENDANT CROWE HORWATH LLP'S OPPOSITION TO BANCGROUP'S CONSOLIDATED #680 MOTIONS IN LIMINE AGAINST CROWE HORWATH LLP filed by Crowe Horwath, LLP. (kh, ) |
| Filing 701 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S NOTICE OF FILING ITS OPPOSITION TO CROWE'S MOTION IN LIMINE TO BAR EVIDENCE AND ARGUMENT RELATED TO LEE FARKAS'S MISAPPROPRIATION OF FUNDS FROM TAYLOR BEAN &WHITAKER FOR PERSONAL EXPENSES UNDER SEAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Attachments: #1 Exhibit 1)(kh, ) |
| Filing 700 FDIC RESPONSE in Opposition re #687 MOTION in Limine filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) |
| Filing 698 NOTICE of Joinder in Opposition to Crowe's #687 Motion in Limine to Bar Evidence and Argument Related to Lee Farkas's Misappropriation of Funds from Taylor Bean & Whitaker for Personal Reasons by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) Modified on 8/9/2017 to clarify text to reflect as NOTICE not MOTION and in opposition to #687 motion (qc/djy, ). |
| Filing 697 RESPONSE in Opposition re #680 MOTION in Limine against Crowe Horwath LLP filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 696 BRIEF/MEMORANDUM in Opposition re #683 MOTION in Limine Regarding the Use of Certain Evidence at Trial filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7, #8 Exhibit 8 (Filed Under Seal), #9 Exhibit 9 (Filed Under Seal), #10 Exhibit 10 (Filed Under Seal), #11 Exhibit 11 (Filed Under Seal), #12 Exhibit 12 (Filed Under Seal), #13 Exhibit 13, #14 Exhibit 14 (Filed Under Seal), #15 Exhibit 15 (Filed Under Seal), #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20 (Filed Under Seal), #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 (Filed Under Seal), #24 Exhibit 24 (Filed Under Seal), #25 Exhibit 25, #26 Exhibit 26 (Filed Under Seal))(Levine, Mark) (Attachment 6 replaced on 8/10/2017) (kh, ). (Attachment 8 replaced on 8/10/2017) (kh, ). (Attachment 9 replaced on 8/10/2017) (kh, ). (Attachment 10 replaced on 8/10/2017) (kh, ). (Attachment 11 replaced on 8/10/2017) (kh, ). (Attachment 12 replaced on 8/10/2017) (kh, ). (Attachment 14 replaced on 8/10/2017) (kh, ). (Attachment 15 replaced on 8/10/2017) (kh, ). (Attachment 20 replaced on 8/10/2017) (kh, ). (Attachment 23 replaced on 8/10/2017) (kh, ). (Attachment 24 replaced on 8/10/2017) (kh, ). (Attachment 26 replaced on 8/10/2017) (kh, ). (Additional attachment(s) added on 8/10/2017: #27 Main Document (Unredacted)) (kh, ). |
| Filing 695 BRIEF/MEMORANDUM in Opposition re #679 MOTION in Limine against PricewaterhouseCoopers, LLP (Filed Under Seal) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Levine, Mark) (Attachment 1 replaced on 8/10/2017) (kh, ). (Additional attachment(s) added on 8/10/2017: #5 Main Document (Unredacted)) (kh, ). |
| Filing 694 RESPONSE in Opposition re #687 MOTION in Limine filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Spotswood, Robert) |
| Filing 693 BRIEF/MEMORANDUM in Opposition Joint Opp'n to Crowe's Motion in Limine re: understandings or expections regarding Crowe's duties (redacted) filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (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)(Kipp, Grace) Modified on 8/10/2017 to attached sealed documents (kh, ). |
| Filing 692 RESPONSE to Motion re #683 MOTION in Limine (DEFENDANT CROWE HORWATH LLPS RESPONSE TO PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANKS MOTION REGARDING THE USE OF CERTAIN EVIDENCE AT TRIAL) filed by Crowe Horwath, LLP. (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)(Parzen, Stanley) (Additional attachment(s) added on 8/9/2017: #22 Main Document (Unredacted)) (kh, ). (Additional attachment(s) added on 8/9/2017: # 23 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 8/9/2017) (kh, ). (Attachment 6 replaced on 8/9/2017) (kh, ). (Attachment 7 replaced on 8/9/2017) (kh, ). (Attachment 9 replaced on 8/9/2017) (kh, ). (Attachment 10 replaced on 8/9/2017) (kh, ). (Attachment 11 replaced on 8/9/2017) (kh, ). (Attachment 12 replaced on 8/9/2017) (kh, ). (Attachment 13 replaced on 8/9/2017) (kh, ). (Attachment 16 replaced on 8/9/2017) (kh, ). (Attachment 17 replaced on 8/9/2017) (kh, ). (Attachment 18 replaced on 8/9/2017) (kh, ). (Attachment 19 replaced on 8/9/2017) (kh, ). (Attachment 20 replaced on 8/9/2017) (kh, ). (Attachment 21 replaced on 8/9/2017) (kh, ). (Attachment 8 replaced on 8/9/2017) (kh, ). |
| Filing 691 RESPONSE in Opposition re #688 MOTION in Limine Opposition of Colonial BancGroup, Inc. and Kevin O'Halloran, as Plan Trustee, to Crowe's Motion in Limine to Bar Evidence and Argument Regarding Tax Refunds Colonial BancGroup Might Have Realized If the Fraud Had Been Discovered Earlier filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
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Filing 690
TEXT ORDER: Per Dkt. No. 675 , the third week of the bench trial on Plaintiffs' claims against Defendant PricewaterhouseCoopers LLP arising from the 2002-2005 and 2008 audit years will take place in courtroom 2A of the Frank M. Johnson, Jr. U.S. Courthouse Complex located at One Church Street, Montgomery, AL 36104. Signed by Honorable Judge Barbara J. Rothstein on 8/4/2017. (furn: calendar)(no pdf document attached to this entry)(kh, )
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Filing 689
TEXT ORDER: Elizabeth V. Tanis and Geoffrey M. Ezgar move to withdraw as counsel of record on behalf of Defendant PricewaterhouseCooopers LLP (Dkt. No. #676 ). There being no opposition to the motion and given that PricewaterhouseCoopers consents to the motion, the motion is HEREBY GRANTED. Signed by Honorable Judge Barbara J. Rothstein on 8/4/2017 (no pdf document attached to this entry)(kh, )
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| *** Attorney Geoffrey Michael Ezgar and Elizabeth V Tanis terminated pursuant to the court's 689 order. (kh, ) |
| Filing 688 DEFENDANT CR0WE HORWATH LLP'S MOTION IN LIMINE TO BAR EVIDENCE OR ARGUMENT REGARDING TAX REFUNDS COLONIAL BANCGROUP MIGHT HAVE REALIZED IF THE FRAUD HAD BEEN DISCOVERED EARLIER by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(kh, ) |
| Filing 687 DEFENDANT CR0WE HORWATH LLP'S MOTION IN LIMINE TO BAR EVIDENCE AND ARGUMENT RELATED TO LEE FARKAS'S MISAPPROPRIATION OF FUNDS FROM TAYLOR BEAN & WHITAKER FOR PERSONAL EXPENSES by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(kh, ) |
| Filing 686 DEFENDANT CR0WE HORWATH LLP'S MOTION IN LIMINE TO BAR TESTIMONY REGARDING UNEXPRESSED AND SUBJECTIVE "UNDERSTANDINGS" OR "EXPECTATIONS" REGARDING CR0WE'S DUTIES by Crowe Horwath, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(kh, ) |
| Filing 685 THE FDIC-R'S NOTICE OF FILING ITS MOTION REGARDING THE USE OF CERTAIN EVIDENCE AT TRIAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #683 MOTION in Limine (kh, ) |
| Filing 684 JOINDER re #678 Notice (Other) in Crowe Horwath's Motion in Limine to Bar Evidence by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 683 MOTION in Limine by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G pt 1, #8 Exhibit G pt 2, #9 Exhibit G pt 3, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N)(Kipp, Grace) (Additional attachment(s) added on 7/27/2017: #17 Main Document (Unredacted)) (kh, ). (Attachment 6 replaced on 7/27/2017) (kh, ). (Attachment 10 replaced on 7/27/2017) (kh, ). (Attachment 11 replaced on 7/27/2017) (kh, ). (Attachment 12 replaced on 7/27/2017) (kh, ). (Attachment 14 replaced on 7/27/2017) (kh, ). |
| Filing 682 NOTICE by Crowe Horwath, LLP of Filing Under Seal (Segall, Robert) |
| Filing 681 NOTICE by Crowe Horwath, LLP of Filing Under Seal (Segall, Robert) |
| Filing 680 MOTION in Limine against Crowe Horwath LLP by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 679 MOTION in Limine against PricewaterhouseCoopers, LLP by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 678 NOTICE by Crowe Horwath, LLP of Filing Under Seal (Segall, Robert) |
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Filing 677
ORDER REGARDING MOTIONS FOR PARTIAL SUMMARY JUDGMENT AGAINST THE FDIC BY PWC AND CROWE, as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 7/14/2017. (kh, )
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| Filing 676 MOTION to Withdraw as Attorney by PricewaterhouseCoopers LLP. (Moss, Meredith) |
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Filing 675
TEXT ORDER directing that Plfs' The Colonial BancGroup, Inc. and Kevin OHalloran (collectively "CBG") and the Federal Deposit Insurance Corporation as Receiver for Colonial Bank ("the FDIC") claims against Def PricewaterhouseCoopers LLP ("PWC") arising out of the 2002-2005 and 2008 audit years will be tried to the Court without a jury; The Non-Jury Trial is rescheduled from on Monday, 9/25/17 to Monday, 9/18/2017; The first two weeks of trial will be held in the E. Barrett Prettyman United States Courthouse in Washington D.C. The third week of trial will be held at the United States District Court for the Middle District of Alabama in Montgomery, Alabama. The final week of trial will be held at the E. Barrett Prettyman United States Courthouse in Washington D.C.. Signed by Honorable Judge Barbara J. Rothstein on 6/23/17. Furnished to calendar group & AR (reset from 9/25/2017). (NO PDF document attached to this notice).(djy, )
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| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Telephone Conference held on 6/22/2017 Trial schedules discussed. The PWC bench trial will commence on Monday, September 18, 2017. The first two weeks of trial will be held in the E. Barrett Prettyman United States Courthouse in Washington D.C. The third week of trial will be held at the United States District Court for the Middle District of Alabama in Montgomery, Alabama. The final week of trial will be held at the E. Barrett Prettyman United States Courthouse in Washington D.C. (No PDF document attached to this entry). (NO PDF document attached to this notice). (Court Reporter Nancy Bauer.) (djy, ) |
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Filing 674
TEXT ORDER: A telephone conference will be held before Judge Rothstein at 5:05pm (PST) on Thursday, June 22, 2017. Defendant PWC is to arrange the call and provide the Court and the parties with the call-in information. Signed by Honorable Judge Barbara J. Rothstein on 6/16/2017. (furn: calendar)(no pdf document attached to this entry)(kh, )
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Filing 673
SEALED ORDER clarifying 5/1/2017 order #665 , as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 6/7/17. (djy, )
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| Filing 672 JOINT NOTICE OF FILING Correspondence by Federal Deposit Insurance Corporation as Receiver for Colonial Bank and PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B (filed under seal), #3 Exhibit C (filed under seal), #4 Exhibit D (filed under seal))(Spotswood, Robert) (Attachment 1 replaced on 6/9/2017) (dmn, ). (Attachment 2 replaced on 6/9/2017) (dmn, ). (Attachment 3 replaced on 6/9/2017) (dmn, ). (Attachment 4 replaced on 6/9/2017) (dmn, ). Modified on 6/9/2017 to include SEALED exhibits A-D filed conventionally. (dmn, ) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Telephone Conference held on 6/7/2017: discussion regarding discovery dispute concerning Bank of America settlement allocation (NO PDF document attached to this entry). (Court Reporter Bryan Wayne.) (djy, ) |
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Filing 671
TEXT ORDER: A telephone conference will be held before Judge Rothstein on Wednesday, June 7, 2017 at 11:00am (EST) to discuss the discovery dispute regarding the BOA settlement allocation. Counsel for the FDIC shall arrange a telephone conference and provide the Court and the other parties with the required call-in information. Signed by Honorable Judge Barbara J. Rothstein on 6/2/2017. (ar, calendar)(no pdf document attached to this entry)(kh, )
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| Filing 670 REPLY BRIEF re #668 MOTION to Clarify Order Denying Motion to Dismiss a Portion of the FDIC's Third Amended Complaint filed by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 669 RESPONSE in Opposition re #668 MOTION to Clarify Order Denying Motion to Dismiss a Portion of the FDIC's Third Amended Complaint filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) |
| Motions No Longer Referred to Judge Moorer, system referred in error: #668 MOTION to Clarify Order Denying Motion to Dismiss a Portion of the FDIC's Third Amended Complaint (djy, ) |
| Filing 668 MOTION to Clarify Order Denying Motion to Dismiss a Portion of the FDIC's Third Amended Complaint by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levine, Mark) |
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Filing 667
ORDER CORRECTING APRIL 18, 2017 ORDER PURSUANT TO FEDERAL RULE 60(a), as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 5/10/2017. (kh, ) Modified on 5/11/2017 to clarify the docket text. (kh, ).
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| Filing 666 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Reaffirmation of Damages Sought (Kipp, Grace) |
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Filing 665
ORDER: For the foregoing reasons, the Court HEREBY DENIES the FDIC's motion (Dkt. No. #655 ) requesting that this Court vacate the March 17, 2017 order. Signed by Honorable Judge Barbara J. Rothstein on 5/1/2017. (kh, )
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Filing 664
TEXT ORDER: The Court having been notified that Crowe objects to the reference to Fed.R.Evid. 804(a)(5) in Exhibit A, Section 3(a) of the order concerning pretrial procedures for the PWC and Crowe bench trials (Dkt. No. #660 ) and requests that the reference be vacated from the order with respect to Crowe only, and there being no objection from the parties, the Court HEREBY VACATES reference to Rule 804(a)(5) in Exhibit A, Section 3(a) as it pertains to Crowe. Signed by Honorable Judge Barbara J. Rothstein on 5/1/2017. (no pdf document attached to this entry)(kh, )
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Filing 663
ORDER CONCERNING PRETRIAL PROCEDURES FOR THE PWC JURY TRIAL: Final Pretrial Conference set for 12/14/2017 09:30 AM before Honorable Judge Barbara J. Rothstein. The pretrial conference will be in Judge Rothstein's courtroom in the E. Barrett Prettyman United States Courthouse, as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 4/24/2017. (kh, ) Modified on 4/27/2017 to remove the word "proposed" from the docket text (kh, ). (Main Document 663 replaced on 4/27/2017 to remove the word "proposed" - no other changes were made) (kh, ).
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Filing 662
ORDER: For the foregoing reasons, this Court hereby GRANTS CBG's Motion for Summary Judgment against the FDIC on Its Request for Declaratory Judgment (Dkt.No. #523 ) and DENIES, in part, the FDIC's Motion for Summary Judgment as to the Ownership of CBG's Claims and defers ruling on the set-off issue. (Dkt. No. #522 ). Signed by Honorable Judge Barbara J. Rothstein on 4/18/2017. (kh, )
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| Filing 661 REPLY BRIEF re #655 Objection to, filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
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Filing 660
ORDER: The Court hereby finds and rules a follows:1. The pretrial conference for both the PWC and Crowe bench trials will remained scheduled for August 25, 2017, but will commence at 9:30am. The pretrial conference will be held in Judge Rothstein's courtroom in the E. Barrett Prettyman United States Courthouse located at 333 Constitution Avenue, N.W., Washington, D.C.. 2. A separate pretrial conference for the PWC jury trial will be held on December 14, 2017 at 9:30am. The pretrial conference will be in Judge Rothstein's courtroom in the E. Barrett Prettyman United States Courthouse. 3. The Court adopts the proposed order as to pretrial procedures jointly submitted by the FDIC, PWC, and CBG, with modifications. The order, as modified, is attached hereto as Exhibit A. The FDIC, PWC, and CBG are instructed to jointly submit a proposed order for the pretrial procedures for the PWC jury trial on or before April 21, 2017, as further set out. Signed by Honorable Judge Barbara J. Rothstein on 4/14/2017. (furn: calendar)(kh, )
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| TEXT Minute Entry for Status Conference held before Judge Barbara J. Rothstein on 4/13/17: Discussion regarding how trial will proceed in this case. Court Reporter: Lisa M. Foradori. 9:30am to 10:35am (65 mins.) (no pdf document attached to this entry)(kh, ) Modified on 5/4/2017 to clarify this is a "text only" entry - no pdf document is attached (kh, ). |
| Filing 659 CR0WE HORWATH LLP'S RESPONSE TO THE FDIC'S OBJECTIONS TO THE MAGISTRATE'S ORDER PERMITTING FURTHER DISCOVERY INTO THE FDIC'S SETTLEMENT WITH BANK OF AMERICA by Crowe Horwath, LLP. (kh, ) |
| Filing 658 NOTICE by Crowe Horwath, LLP re #655 Objection to, NOTICE OF FILING UNDER SEAL (Segall, Robert) |
| Filing 657 BRIEF/MEMORANDUM in Opposition to the FDIC's Objections to Judge Moorer's Order Granting Additional Discovery (Filed Under Seal) filed by PricewaterhouseCoopers LLP. (Levine, Mark) (Additional attachment(s) added on 4/11/2017: #1 Main Document (Unredacted)) (kh, ). |
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Filing 656
TEXT ORDER: Per the parties' request, a telephone status conference will be held before Judge Rothstein on Thursday, April 13, 2017 at 9:30am (EST). Signed by Honorable Judge Barbara J. Rothstein on 4/10/2017. (furn: calendar)(kh, )
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| Filing 655 Objection to the 3/17/2017 #653 Order Compelling Additional Discovery regarding Settlement filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Kipp, Grace) Modified on 3/29/2017 to reflect actual title. (dmn, ) |
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Filing 654
TEXT ORDER granting #651 Motion for Elizabeth Ann Chermel to Appear Pro Hac Vice as counsel for Federal Deposit Insurance Corporation as Receiver for Colonial Bank. Signed by Honorable Judge Barbara J. Rothstein on 3/27/2017. (dmn, )(NO PDF)
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Filing 653
ORDERED that PWC's Motion for Additional Discovery from the FDIC Settlement Allocation (Doc. #437 ) shall be GRANTED. Specifically, it is ORDERED that the FDIC shall make available at a mutually convenient time and place a person knowledgeable, as set forth in Fed.R.Civ.Pro. 30(b)(6), about the following, as further set out. It is further ORDERED that FDIC shall make available to PWC at a mutually convenient time and place documents and/or ESI evidencing any non-privileged communications between the FDIC (or DOJ) and BOA in connection with the global settlement that reflect or refer to settlement offers, settlement demands, or agreed settlement amounts for the RMBS claims alone, the Ocala Funding claim alone, or the RMBS claims and Ocala Funding claim combined which have not be previously produced. Signed by Honorable Judge Terry F. Moorer on 3/17/2017. (kh, )
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| Filing 652 Pro Hac Vice Filing fee received for Elizabeth Chermel re #651 Motion $ 50.00, receipt number 4602044586 (kh, ) |
| ***Attorney Elizabeth Ann Chermel for Federal Deposit Insurance Corporation as Receiver for Colonial Bank pursuant to the #651 Motion for Elizabeth Chermel to Appear Pro Hac Vice. (kh, ) |
| Filing 651 Motion for Elizabeth Chermel to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) Modified on 3/15/2017 to add the attorney's name.(kh, ). |
| Filing 650 TEXT Minute Entry: The Court HEREBY STRIKES Crowe's Motion to Rule that the FDIC is Bound by the Engagement Letters' Terms and to Strike the FDIC's Jury Demand (hereinafter "Docket [479[") in light of the fact that: (1) the FDIC has withdrawn its opposition to Crowe's motion to strike its jury demand and (2) the remaining arguments raised in Docket #479 are addressed in Crowe's Second Motion for Summary Judgment on the FDIC's Claims (hereinafter "Docket #537 "). Nevertheless, the briefing filed in connection with Docket 479 will be considered in connection with the resolution of Docket 537. Signed by Honorable Judge Barbara J. Rothstein on 2/17/2017. (no pdf document attached to this entry)(kh, ) Modified on 2/28/2017 to correct the docket text. (kh, ). |
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Filing 649
ORDER: For the foregoing reasons, the Court HEREBY GRANTS Crowe's and the FDIC's joint Motion for a Separate Non-Jury Trial of Plaintiffs' Claims against Crowe and to Defer Rulings on Certain Pending Motions (Dkt. No. #612 ). Signed by Honorable Judge Barbara J. Rothstein on 2/17/2017. (kh, ) (Main Document 649 replaced on 2/28/2017) (kh, ).
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Filing 648
ORDER: The trials in these cases will proceed as follows: (A) Plaintiffs' The Colonial BancGroup, Inc. and Kevin OHalloran (collectively "CBG") and the Federal Deposit Insurance Corporation as Receiver for Colonial Bank ("the FDIC") claims against Defendant PricewaterhouseCoopers LLP ("PWC") arising out of the 2002-2005 and 2008 audit years will be tried to the Court without a jury. The trial will commence on Monday, September 25, 2017; (B) CBG's and the FDIC's claims against Defendant Crowe Horwath, LLP ("Crowe") will be tried to the Court without a jury. The trial will commence on November 6, 2017; (C) Plaintiffs' claims against PWC arising out of the 2006-2007 audit years will be tried to a jury. The trial will commence on January 8, 2018; (D) The trials will be conducted at the United States District Courthouse for the Middle District of Alabama in Montgomery, Alabama; (E) The pretrial conference is set for August 25, 2017 at 10:00 AM in Judge Rothstein's courtroom in the E. Barrett Prettyman Courthouse in Washington, D.C.; and (F) Defendants Crowe and PWC shall have one eight-hour deposition to examine CBG's Bankruptcy Trustee regarding the "Type B Damages" sought by the Trustee. Signed by Honorable Judge Barbara J. Rothstein on 2/16/2017. (furn: calendar)(kh, )
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| TEXT Minute Entry for status conference proceedings held before Honorable Judge Barbara J. Rothstein: Status Conference held on 2/15/2017 at the E. Barrett Prettyman Courthouse in Washington, DC (NO PDF document attached to this notice). (Court Reporter Lisa Moreira.) (djy, ) |
| Filing 647 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S STATEMENT REGARDING THE STRUCTURING OF TRIAL. by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (kh, ) |
| Filing 646 FDIC-R'S NOTICE OF FILING UNDER SEAL ITS STATEMENT REGARDING THE STRUCTURING OF TRIAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (kh, ) |
| Filing 645 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. re #612 MOTION to Bifurcate Claims Against Crowe and to Defer Rulings on Certain Pending Motions, #641 Order on Motion in Limine,,,, Order on Sealed Motion,,,,,,,,, Order on Motion for Miscellaneous Relief, Notice of BancGroup's Position on Bifurcation of Trial and Resetting of Trial Date (Campbell, Andrew) |
| Filing 644 RESPONSE in Opposition re #643 Response to Order re Statement Regarding Structure of Trial by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Beck, Philip) |
| Filing 643 Response to Order Redacted Statement Regarding Structuring of Trial by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
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Filing 642
TEXT MINUTE ORDER: Judge Rothstein will hold a status conference in this case at 2:00pm (EST) on February 15, 2016 in her courtroom in the E. Barrett Prettyman United States Courthouse in Washington, D.C. Signed by Honorable Judge Barbara J. Rothstein on 2/10/2017. (furn: calendar)(kh, )
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Filing 641
ORDER: The Court HEREBY STRIKES the following motions at Dkt. Nos. #517 - #520 , #526 - #529 , #530 - #531 , #536 , #538 - #539 , and #549 - #550 . Signed by Honorable Judge Barbara J. Rothstein on 2/9/2017. (kh, )
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Filing 640
ORDER that the Court HEREBY GRANTS PWC's #634 motion to strike Plaintiffs' jury demands with respect to their claims arising from the 2002-2005 and 2008 audit years. Signed by Honorable Judge Barbara J. Rothstein on 2/7/2017. (kh, )
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| Filing 639 MOTION to Withdraw #532 SEALED MOTION, #496 Notice (Other), #533 SEALED MOTION by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 638 REPLY BRIEF re #634 MOTION to Strike Plaintiffs' Jury Demands filed by PricewaterhouseCoopers LLP. (Levine, Mark) |
| Filing 637 RESPONSE to Motion re #634 MOTION to Strike Plaintiffs' Jury Demands filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 636 RESPONSE in Opposition re #634 MOTION to Strike Plaintiffs' Jury Demands filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Turner, John) |
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Filing 635
TEXT ORDER granting #457 Motion for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 1/18/2017. (no pdf document attached to this entry)
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| Filing 634 MOTION to Strike Plaintiffs' Jury Demands by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Levine, Mark) |
| ***Attorney Steven W. Thomas for Federal Deposit Insurance Corporation as Receiver for Colonial Bank added pursuant to the 631 text order. (kh, ) |
| Filing 633 STIPULATION re #520 MOTION in Limine Re Espy and Fuller by Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Crowe Horwath, LLP. (Mullin, David) Modified on 1/10/2017 to add as filed on additional parties (kh, ). |
| Filing 632 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #521 MOTION in Limine Withdrawal of Certain Daubert Motions on Expert Lehn (Mullin, David) |
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Filing 631
TEXT ORDER granting #627 Motion for Steven W. Thomas to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 1/9/2017. (no pdf document attached to this entry)(kh, )
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| Filing 630 Filing fee received re #627 Motion for Steven W. Thomas to Appear Pro Hac Vice : $ 50.00, receipt number 4602043690 (kh, ) |
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Filing 629
ORDERED as follows: (1) Florida law shall not govern any of Plaintiffs' claims against Defendants, nor shall Florida law govern any defense which either Defendant has to a claim made by any of the Plaintiffs. However, this Order shall not preclude any party from arguing that any law other than Florida law is applicable to a claim or defense. (2) The FDIC's Motion to Strike Florida Law Defense (Doc. No. #547 ) is stricken as moot. Signed by Honorable Judge Barbara J. Rothstein on 1/9/2017. (kh, )
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| Filing 628 STIPULATION REGARDING FLORIDA LAW NOT SUPPLYING RULE OF DECISION by Crowe Horwath, LLP, The Colonial BancGroup, Inc., Kevin O'Halloran, PricewaterhouseCoopers LLP, and Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A - PROPOSED ORDER)(Parzen, Stanley) Modified on 1/17/2017 to add additional filers. (dmn, ) |
| Filing 627 Motion for Steven W. Thomas to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) Modified on 1/9/2017 to add the attorney's name (kh, ). |
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Filing 626
ORDER denying #478 Motion for Reconsideration. Signed by Honorable Judge Barbara J. Rothstein on 12/23/2016. (kh, )
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| Filing 625 REPLY to Response to Motion re #550 MOTION to Exclude Opinions and Testimony of Defendant PwC's Substitute Expert William M. Isaac Redacted, #549 MOTION and Memorandum of Law to Exclude Certain Expert Opinions and Testimony of Defendant Pricewaterhousecoopers LLP Expert William M. Isaac filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/23/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 624 THE FDIC-R'S NOTICE OF FILING ITS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF DEFENDANT PWC'S SUBSTITUTE EXPERT WILLIAM M. ISAAC UNDER SEAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #623 Reply Brief (kh, ) |
| Filing 623 REPLY BRIEF re #550 MOTION to Exclude Opinions and Testimony of Defendant PwC's Substitute Expert William M. Isaac Redacted filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) (Additional attachment(s) added on 12/23/2016: #1 Main Document (Unredacted)) (kh, ). |
| Minute Entry proceedings held before Judge Barbara J. Rothstein at the E. Barrett Prettyman Courthouse in Washington, D.C. on 12/21/16. Status Conference held regarding how trial should be conducted. The length of time of the hearing was 1 hr. 30 min. (9:45 AM - 11:15 AM) (Court Reporter William Zaremba.) (no pdf document attached to this entry)(kh, ) |
| Filing 622 NOTICE of Filing Under Seal by Crowe Horwath, LLP re #618 Reply Brief, (kh, ) |
| Filing 621 Filing fee re #617 Motion to Appear Pro Hac Vice received for Nicolas L. Martinez: $ 50.00, receipt number 4602043532 (kh, ) |
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Filing 620
TEXT ORDER granting #617 Motion for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 12/21/2016. (no pdf document attached to this entry)(kh, )
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Filing 619
TEXT MINUTE ORDER: In order to assist the Court in determining the structure of this case for trial, the Court instructs PWC to file any motion to strike the FDIC's and/or CBG's jury demands on or before January 13, 2017. If such a motion is not filed by that date, the Court will assume that PWC will not be moving to strike the jury demands. If a motion is filed, the oppositions thereto shall be filed on or before January 20, 2017, and the reply thereto shall be filed by January 25, 2017. In addition, the Court hereby STRIKES any parties' claims and counterclaims related to an alleged breach of any tolling agreements in this case. Accordingly, the Court hereby STRIKES as moot the FDIC's motion for leave to file its motion for summary judgment as to Crowe's counterclaim (Dkt. No. #548 ). The parties have seven (7) days from the date of this Minute Order to notify the Court of any objections to the Court striking the claims and counterclaims related to the tolling agreements, otherwise any objections will be deemed waived. The Court further instructs the parties to review the pending Daubert motions and inform the Court as to whether they will be withdrawing any of the motions. Signed by Honorable Judge Barbara J. Rothstein on 12/21/2016. (no pdf document attached to this entry((kh, )
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| Filing 618 REPLY BRIEF re #612 MOTION to Bifurcate Claims Against Crowe and to Defer Rulings on Certain Pending Motions (Plaintiff FDIC-R's and Defendant Crowe's Reply in Support of Motion for a Separate Non-Jury Trial of Plaintiffs' Claims Against Crowe and to Defer Rulings on Certain Pending Motions) filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parzen, Stanley) (Attachment 1 replaced on 12/21/2016) (kh, ). (Additional attachment(s) added on 12/21/2016: #3 Main Document (Unredacted)) (kh, ). |
| Filing 617 Motion for Nicolas Luis Martinez to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 2/22/2017 (kh, ). |
| Filing 616 ANSWER to #281 Amended Complaint, by PricewaterhouseCoopers LLP.(Marooney, Richard) |
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Filing 615
ORDER: For the foregoing reasons, the Court HEREBY DENIES Crowe's #318 motion to dismiss in part the FDIC's Third Amended Complaint. Signed by Honorable Judge Barbara J. Rothstein on 12/20/2016. (kh, )
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| Filing 614 RESPONSE in Opposition re #612 MOTION to Bifurcate Claims Against Crowe and to Defer Rulings on Certain Pending Motions filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - FILED UNDER SEAL, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - FILED UNDER SEAL, #5 Exhibit 5 - FILED UNDER SEAL, #6 Exhibit 6 - FILED UNDER SEAL, #7 Exhibit 7 - FILED UNDER SEAL, #8 Exhibit 8 - FILED UNDER SEAL, #9 Exhibit 9 - FILED UNDER SEAL, #10 Exhibit 10 - FILED UNDER SEAL)(Beck, Philip) (Attachment 2 replaced on 12/20/2016) (kh, ). (Attachment 3 replaced on 12/20/2016) (kh, ). (Attachment 4 replaced on 12/20/2016) (kh, ). (Attachment 5 replaced on 12/20/2016) (kh, ). (Attachment 6 replaced on 12/20/2016) (kh, ). (Attachment 7 replaced on 12/20/2016) (kh, ). (Attachment 8 replaced on 12/20/2016) (kh, ). (Attachment 9 replaced on 12/20/2016) (kh, ). (Attachment 10 replaced on 12/20/2016) (kh, ). (Additional attachment(s) added on 12/20/2016: #11 Main Document (Unredacted)) (kh, ). |
| Filing 613 RESPONSE in Support re #548 MOTION for Leave to File Motion for Summary Judgment as to Crowe Horwath LLP's Counterclaim filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) |
| Filing 612 MOTION to Bifurcate Claims Against Crowe and to Defer Rulings on Certain Pending Motions by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) |
| Filing 611 NOTICE of Filing Under Seal by Crowe Horwath, LLP (kh, ) |
| Filing 610 REPLY to Response to Motion re #540 MOTION for Summary Judgment filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of J. McCarty, #2 Exhibit 24- Filed Under Seal, #3 Exhibit 25- Filed Under Seal, #4 Exhibit 26- Filed Under Seal, #5 Exhibit 27- Filed Under Seal, #6 Exhibit 28- Filed Under Seal)(Parzen, Stanley) (Attachment 2 replaced on 12/15/2016) (kh, ). (Attachment 3 replaced on 12/15/2016) (kh, ). (Attachment 4 replaced on 12/15/2016) (kh, ). (Attachment 5 replaced on 12/15/2016) (kh, ). (Attachment 6 replaced on 12/15/2016) (kh, ). (Additional attachment(s) added on 12/15/2016: #7 Main Document (Unredacted)) (kh, ). |
| Filing 609 REPLY to Response to Motion re #525 SEALED MOTION for Partial Summary Judgment on Claim for Breach of Contract against Crowe Horwath filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit 1-UNDER SEAL, #2 Exhibit 2-UNDER SEAL, #3 Exhibit 3-UNDER SEAL, #4 Exhibit 4-UNDER SEAL)(Campbell, Andrew) (Attachment 1 replaced on 12/15/2016) (kh, ). (Attachment 2 replaced on 12/15/2016) (kh, ). (Attachment 3 replaced on 12/15/2016) (kh, ). (Attachment 4 replaced on 12/15/2016) (kh, ). (Additional attachment(s) added on 12/15/2016: #5 Main Document (Unredacted)) (kh, ). |
| Filing 608 REPLY BRIEF re #523 SEALED MOTION filed by Crowe Horwath, LLP. (Attachments: #1 J. McCarty Declaration, #2 Exhibit 1 - Filed Under Seal, #3 Exhibit 2 - Filed Under Seal, #4 Exhibit 3- Filed Under Seal, #5 Exhibit 4- Filed Under Seal, #6 Exhibit 5 - CBG Year End 2008 10-K, #7 Exhibit 6- Filed Under Seal, #8 Exhibit 7- Filed Under Seal, #9 Exhibit 8- Filed Under Seal, #10 Exhibit 9- Filed Under Seal, #11 Exhibit 10- Filed Under Seal, #12 Exhibit 11- Filed Under Seal, #13 Exhibit 12- Filed Under Seal, #14 Exhibit 13- Filed Under Seal, #15 Exhibit 14- Filed Under Seal, #16 Exhibit 15- Filed Under Seal, #17 Exhibit 16- Filed Under Seal, #18 Exhibit 17- Filed Under Seal)(Parzen, Stanley) (Additional attachment(s) added on 12/15/2016: #7 Exhibit 1-Filed Under Seal, #8 Exhibit 2-Filed Under Seal, #9 Exhibit 3-Filed Under Seal, #10 Exhibit 4-Filed Under Seal, #11 Exhibit 5, #12 Exhibit 6-Filed Under Seal, #13 Exhibit 7-Filed Under Seal, #14 Exhibit 8-Filed Under Seal, #15 Exhibit 9-Filed Under Seal, #16 Exhibit 10-Filed Under Seal, #17 Exhibit 11-Filed Under Seal, #18 Exhibit 12-Filed Under Seal, #19 Exhibit 13-Filed Under Seal, # 20 Exhibit 14-Filed Under Seal, # 21 Exhibit 15-Filed Under Seal, # 22 Exhibit 16-Filed Under Seal, # 23 Exhibit 17-Filed Under Seal, # 24 Main Document (Unredacted)) (kh, ). (Additional attachment(s) added on 12/15/2016: #1 J. McCarty Declaration, #2 Exhibit 1-Filed Under Seal, #3 Exhibit 2-Filed Under Seal, #4 Exhibit 3-Filed Under Seal, #5 Exhibit 4-Filed Under Seal, #6 Exhibit 5, #7 Exhibit 6-Filed Under Seal, #8 Exhibit 7-Filed Under Seal, #9 Exhibit 8-Filed Under Seal, #10 Exhibit 9-Filed Under Seal, #11 Exhibit 10-Filed Under Seal, #12 Exhibit 11-Filed Under Seal, #13 Exhibit 12-Filed Under Seal, #14 Exhibit 13-Filed Under Seal, #15 Exhibit 14-Filed Under Seal, #16 Exhibit 15-Filed Under Seal, #17 Exhibit 16-Filed Under Seal, #18 Exhibit 17-Filed Under Seal, #19 Main Document (Unredacted)) (kh, ). |
| Filing 607 REPLY to Response to Motion re #532 SEALED MOTION to exclude the testimony of Maria Teresa Blanco filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/14/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 606 REPLY to Response to Motion re #539 SEALED MOTION filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of J. McCarty, #2 Exhibit R - Filed Under Seal, #3 Exhibit S - Declaration of E. Thomas, #4 Exhibit T - Filed Under Seal, #5 Exhibit U - CBG Year End 2008 10-K, #6 Exhibit V - Filed Under Seal)(Parzen, Stanley) (Attachment 2 replaced on 12/15/2016) (kh, ). (Attachment 4 replaced on 12/15/2016) (kh, ). (Attachment 6 replaced on 12/15/2016) (kh, ). (Additional attachment(s) added on 12/15/2016: #7 Main Document (Unredacted)) (kh, ). |
| Filing 605 REPLY to Response to Motion re #524 SEALED MOTION for MSJ re Affirmative Defenses filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A-UNDER SEAL, #2 Exhibit B-UNDER SEAL, #3 Exhibit C-UNDER SEAL, #4 Exhibit D-UNDER SEAL, #5 Exhibit E-UNDER SEAL, #6 Exhibit F-UNDER SEAL, #7 Exhibit G-UNDER SEAL, #8 Exhibit H-UNDER SEAL, #9 Exhibit I-UNDER SEAL, #10 Exhibit J-UNDER SEAL)(Campbell, Andrew) (Additional attachment(s) added on 12/15/2016: #11 Main Document (Unredacted)) (kh, ). Modified on 12/15/2016 (kh, ). |
| Filing 604 REPLY BRIEF re #537 SEALED MOTION (Crowe Horwath's Reply in Support of Second Motion for Summary Judgment on the FDIC's Claims) filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit Declaration of Justin McCarty, #2 Exhibit 26, #3 Exhibit 27)(Parzen, Stanley) (Additional attachment(s) added on 12/15/2016: #4 Main Document (Unredacted)) (kh, ). |
| Filing 603 REPLY to Response to Motion re #530 SEALED MOTION to Exclude testimony of Expert Edward Sauls filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/14/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 602 REPLY to Response to Motion re #527 SEALED MOTION to Exclude testimony of Kenneth Lehn filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/14/2016: #2 Exhibit A-D, #3 Main Document (Unredacted)) (kh, ). (Additional attachment(s) added on 12/14/2016: # 5 Exhibit A-D, # 6 Main Document (Unredacted)) (kh, ). |
| Filing 601 REPLY to Response to Motion re #526 SEALED MOTION to Exclude testimony of Christopher James filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/14/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 600 REPLY to Response to Motion re #531 SEALED MOTION Exclude testimony of Timothy Riddiough filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/14/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 599 REPLY to Response to Motion re #523 SEALED MOTION for Summary Judgment against FDIC on its Request for Declaratory Judgment filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit 1-UNDER SEAL, #2 Exhibit 2-UNDER SEAL)(Campbell, Andrew) (Attachment 1 replaced on 12/14/2016) (kh, ). (Attachment 2 replaced on 12/14/2016) (kh, ). (Additional attachment(s) added on 12/14/2016: #3 Main Document (Unredacted)) (kh, ). |
| Filing 598 REPLY to Response to Motion re #533 SEALED MOTION to Exclude testimony of Crowe Experts Nicholas Ketcha and Donald Musso filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A-UNDER SEAL, #2 Exhibit B-UNDER SEAL)(Campbell, Andrew) (Attachment 1 replaced on 12/14/2016) (kh, ). (Attachment 2 replaced on 12/14/2016) (kh, ). (Additional attachment(s) added on 12/14/2016: #3 Main Document (Unredacted)) (kh, ). |
| Filing 597 REPLY to Response to Motion re #529 SEALED MOTION to Exclude testimony of FDIC Experts Jonathan Walker and Kenneth Malek filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A-UNDER SEAL, #2 Exhibit B-UNDER SEAL, #3 Exhibit C-UNDER SEAL)(Campbell, Andrew) (Attachment 1 replaced on 12/14/2016) (kh, ). (Attachment 2 replaced on 12/14/2016) (kh, ). (Attachment 3 replaced on 12/14/2016) (kh, ). (Additional attachment(s) added on 12/14/2016: #4 Main Document (Unredacted)) (kh, ). |
| Filing 596 REPLY to Response to Motion re #528 SEALED MOTION to Exclude Testimony of Expert Christopher Swecker filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) (Additional attachment(s) added on 12/14/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 595 REPLY BRIEF re #534 MOTION for Summary Judgment of CBG's Claims filed by PricewaterhouseCoopers LLP. (Attachments: #1 Affidavit Declaration of Drew D. Dropkin, #2 Exhibit 25-Filed Under Seal)(Marooney, Richard) (Additional attachment(s) added on 12/15/2016: #3 Main Document (Unredacted)) (kh, ). (Attachment 2 replaced on 12/15/2016) (kh, ). |
| Filing 594 REPLY BRIEF re #517 MOTION in Limine filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A - Filed Under Seal)(Turner, John) (Attachment 1 replaced on 12/15/2016) (kh, ). (Additional attachment(s) added on 12/15/2016: #2 Main Document (Unredacted)) (kh, ). |
| Filing 593 REPLY BRIEF re #516 MOTION for Partial Summary Judgment on Defendants' Affirmative Defenses filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Menge, Mary) |
| Filing 592 REPLY to Response to Motion re #522 MOTION for Summary Judgment by FDIC as to Ownership Claims by CBG filed by PricewaterhouseCoopers LLP. (Marooney, Richard) (Additional attachment(s) added on 12/15/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 591 REPLY BRIEF re #538 SEALED MOTION (Crowe Horwath's Reply in Support of Motion to Exclude J. Doyle Fuller) filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 590 REPLY BRIEF re #522 MOTION for Summary Judgment as to Ownership of CBG's claims filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) (Additional attachment(s) added on 12/15/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 589 REPLY BRIEF re #535 MOTION for Partial Summary Judgment of FDIC's Claims filed by PricewaterhouseCoopers LLP. (Attachments: #1 Affidavit Declaration of Drew D. Dropkin, #2 Exhibit 17-Filed Under Seal, #3 Exhibit 18-Filed Under Seal, #4 Exhibit 19-Filed Under Seal)(Marooney, Richard) (Attachment 2 replaced on 12/15/2016) (kh, ). (Attachment 3 replaced on 12/15/2016) (kh, ). (Attachment 4 replaced on 12/15/2016) (kh, ). (Additional attachment(s) added on 12/15/2016: #5 Main Document (Unredacted)) (kh, ). |
| Filing 588 REPLY BRIEF re #536 SEALED MOTION to Exclude Certain Opinions and Testimony of CBG's Damages Expert Laureen M. Ryan filed by PricewaterhouseCoopers LLP. (Marooney, Richard) (Additional attachment(s) added on 12/15/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 587 REPLY BRIEF re #518 MOTION in Limine to Exclude Expert Testimony of Swecker filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) (Additional attachment(s) added on 12/15/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 586 REPLY BRIEF re #521 MOTION in Limine to Exclude Expert Testimony of Lehn filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit Exhibit A filed under seal)(Kipp, Grace) (Additional attachment(s) added on 12/15/2016: #2 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 12/15/2016) (kh, ). |
| Filing 585 REPLY BRIEF re #520 MOTION in Limine to Exclude Expert Testimony of Espy filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Kipp, Grace) |
| Filing 584 REPLY to Response to Motion re #519 MOTION in Limine to Exclude Expert Testimony of Harwood filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) (Additional attachment(s) added on 12/15/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 583 RESPONSE in Opposition re #549 MOTION and Memorandum of Law to Exclude Certain Expert Opinions and Testimony of Defendant Pricewaterhousecoopers LLP Expert William M. Isaac, #550 MOTION to Exclude Opinions and Testimony of Defendant PwC's Substitute Expert William M. Isaac Redacted (Redacted Brief) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7-Filed Under Seal, #8 Exhibit 8, #9 Exhibit 9-Filed Under Seal, #10 Exhibit 10-Filed Under Seal, #11 Exhibit 11-Filed Under Seal, #12 Exhibit 12-Filed Under Seal, #13 Exhibit 13-Filed Under Seal, #14 Exhibit 14-Filed Under Seal, #15 Exhibit 15-Filed Under Seal, #16 Exhibit 16-Filed Under Seal, #17 Exhibit 17-Filed Under Seal, #18 Exhibit 18-Filed Under Seal, #19 Exhibit 19-Filed Under Seal, #20 Exhibit 20-Filed Under Seal, #21 Exhibit 21-Filed Under Seal, #22 Exhibit 22-Filed Under Seal, #23 Exhibit 23-Filed Under Seal, #24 Exhibit 24-Filed Under Seal, #25 Exhibit 25-Filed Under Seal, #26 Exhibit 26-Filed Under Seal, #27 Exhibit 27-Filed Under Seal, #28 Exhibit 28-Filed Under Seal, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34-Filed Under Seal, #35 Exhibit 35-Filed Under Seal, #36 Exhibit 36-Filed Under Seal, #37 Exhibit 37-Filed Under Seal, #38 Exhibit 38-Filed Under Seal, #39 Exhibit 39-Filed Under Seal)(Marooney, Richard) (Attachment 1 replaced on 12/13/2016) (kh, ). (Attachment 2 replaced on 12/13/2016) (kh, ). (Attachment 7 replaced on 12/13/2016) (kh, ). (Attachment 9 replaced on 12/13/2016) (kh, ). (Attachment 10 replaced on 12/13/2016) (kh, ). (Attachment 12 replaced on 12/13/2016) (kh, ). (Attachment 11 replaced on 12/13/2016) (kh, ). (Attachment 13 replaced on 12/13/2016) (kh, ). (Attachment 14 replaced on 12/13/2016) (kh, ). (Attachment 15 replaced on 12/13/2016) (kh, ). (Attachment 14 replaced on 12/13/2016) (kh, ). (Attachment 15 replaced on 12/13/2016) (kh, ). (Attachment 16 replaced on 12/13/2016) (kh, ). (Attachment 17 replaced on 12/13/2016) (kh, ). (Attachment 18 replaced on 12/13/2016) (kh, ). (Attachment 19 replaced on 12/13/2016) (kh, ). (Attachment 20 replaced on 12/13/2016) (kh, ). (Attachment 21 replaced on 12/13/2016) (kh, ). (Attachment 21 replaced on 12/13/2016) (kh, ). (Attachment 22 replaced on 12/13/2016) (kh, ). (Attachment 23 replaced on 12/14/2016) (kh, ). (Attachment 24 replaced on 12/14/2016) (kh, ). (Attachment 25 replaced on 12/14/2016) (kh, ). (Attachment 26 replaced on 12/14/2016) (kh, ). (Attachment 27 replaced on 12/14/2016) (kh, ). (Attachment 28 replaced on 12/14/2016) (kh, ). (Attachment 35 replaced on 12/14/2016) (kh, ). (Attachment 36 replaced on 12/14/2016) (kh, ). (Attachment 37 replaced on 12/14/2016) (kh, ). (Attachment 38 replaced on 12/14/2016) (kh, ). (Attachment 39 replaced on 12/14/2016) (kh, ). |
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Filing 582
ORDER: The Court HEREBY DENIES PWC's Motion to Dismiss a Portion of the FDIC'S Third Amended Complaint (Dkt. No. #306 ). Signed by Honorable Judge Barbara J. Rothstein on 12/6/2016. (kh, ). Modified on 5/5/2017 to attached the main pdf document and clarify the text. (kh, ).
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| Filing 581 RESPONSE in Opposition re #548 MOTION for Leave to File Motion for Summary Judgment as to Crowe Horwath LLP's Counterclaim filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Parzen, Stanley) |
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Filing 580
(TEXT) MINUTE ORDER: The Court will hold a status conference on Wednesday, December 21, 2016 at 11:00am in her courtroom at the E. Barrett Prettyman Federal Courthouse in Washington D.C. In anticipation of the status conference, the Court HEREBY STRIKES all remaining case management dates set forth in Dkt. No. #413 . Signed by Honorable Judge Barbara J. Rothstein on 12/5/2016. (furn: calendar)(no pdf document attached to this entry)(kh, )
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| ***Attorney John M. Hughes,Cindy L. Sobel,Christopher D. Landgraff,Philip S. Beck,Sean W. Gallagher,Christopher R. Hagale,Mark L. Levine,Jameson R. Jones for PricewaterhouseCoopers LLP added pursuant to 579 Text order and #458 , #459 , #461 , #462 , #463 , #464 , #465 , & #466 Motions) (NO PDF document attached to this notice). (djy, ) |
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Filing 579
TEXT ORDER granting #458 , #459 , #461 , #462 , #463 , #464 , #465 and #466 Motions for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Barbara J. Rothstein on 12/1/16. (NO PDF document attached to this notice). (djy, )
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Filing 578
TEXT (MINUTE) ORDER: having been notified by the parties that they have reached an agreement in principle regarding the FDIC's #547 MOTION to Strike and that the parties intend to file a stipulation regarding the same, the Court hereby STAYS briefing on the motion until further notice. Signed by Honorable Judge Barbara J. Rothstein on 12/1/16. (NO PDF document attached to this notice).(djy, )
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| Filing 577 RESPONSE in Opposition re #520 MOTION in Limine (Crowe Horwath LLP's Response in Opposition to FDIC's Motion to Exclude Expert Joseph C. Espy's Testimony) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin McCarty, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Parzen, Stanley) |
| Filing 576 RESPONSE in Opposition re #525 SEALED MOTION (Defendant Crowe Horwath LLP's Opposition to CBG's Motion for Partial Summary Judgment) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin McCarty, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53)(Parzen, Stanley) (Additional attachment(s) added on 12/1/2016: # 55 Main Document (Unredacted)) (kh, ). (Additional attachment(s) added on 12/1/2016: #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16) (kh, ). (Additional attachment(s) added on 12/1/2016: #62 Main Document (Unredacted)) (kh, ). Modified on 12/1/2016 (kh, ). |
| Filing 575 RESPONSE to Motion re #533 SEALED MOTION (Defendant Crowe Horwath LLP's Redacted Response to Plaintiff CBG and Kevin O'Halloran's Motion to Exclude Certain Opinions and Expert Testimony of Crowe Experts Nicholas J. Ketcha and Donald J. Musso) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin McCarty, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S)(Parzen, Stanley) (Additional attachment(s) added on 12/1/2016: #21 Main Document (Unredacted)) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 4 replaced on 12/1/2016) (kh, ). (Attachment 5 replaced on 12/1/2016) (kh, ). (Attachment 7 replaced on 12/1/2016) (kh, ). (Attachment 9 replaced on 12/1/2016) (kh, ). (Attachment 10 replaced on 12/1/2016) (kh, ). (Attachment 11 replaced on 12/1/2016) (kh, ). (Attachment 12 replaced on 12/1/2016) (kh, ). (Attachment 16 replaced on 12/1/2016) (kh, ). (Attachment 17 replaced on 12/1/2016) (kh, ). (Attachment 18 replaced on 12/1/2016) (kh, ). (Attachment 19 replaced on 12/1/2016) (kh, ). (Attachment 20 replaced on 12/1/2016) (kh, ). |
| Filing 574 RESPONSE to Motion re #522 MOTION for Summary Judgment (Defendant Crowe Horwath LLP's Redacted Response to Section IV of the FDIC-R's Motion for Summary Judgment as to the Ownership of CBG's Claims) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin McCarty, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Parzen, Stanley) (Additional attachment(s) added on 12/1/2016: #5 Main Document (Unredacted)) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 4 replaced on 12/1/2016) (kh, ). |
| Filing 573 RESPONSE to Motion re #516 MOTION for Partial Summary Judgment, #524 SEALED MOTION (Defendant Crowe Horwath's Response to the FDIC's and CBG's Motions for Summary Judgment Regarding Defendants' Affirmative Defenses) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin McCarty, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, # 8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE)(Parzen, Stanley) (Attachment 2 replaced on 12/1/2016) (kh, ). (Additional attachment(s) added on 12/1/2016: #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (kh, ). (Additional attachment(s) added on 12/1/2016: # 8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P) (kh, ). (Additional attachment(s) added on 12/1/2016: #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit A, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE) (kh, ). (Additional attachment(s) added on 12/1/2016: #33 Main Document (Unredacted)) (kh, ). |
| Filing 572 RESPONSE in Support re #539 SEALED MOTION Joinder in FDIC's Opposition to Crowe Horwath's Motion to Exclude Certain Testimony of Ralph Summerford filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 571 RESPONSE in Opposition re #522 MOTION for Summary Judgment to FDIC's Motion for Summary Judgment filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A-Under Seal, #2 Exhibit B-Under Seal, #3 Exhibit C-Under Seal, #4 Exhibit D-Under Seal, #5 Exhibit E-Under Seal, #6 Exhibit F-Under Seal, #7 Exhibit G-Under Seal, #8 Exhibit H-Under Seal, #9 Exhibit I-Under Seal, #10 Exhibit J-Under Seal)(Campbell, Andrew) Modified on 12/2/2016 (kh, ). (Additional attachment(s) added on 12/2/2016: #11 Main Document (Unredacted)) (kh, ). |
| Filing 570 RESPONSE in Opposition re #534 MOTION for Summary Judgment to Pricewaterhouse's Motion for Summary Judgment as to CBG's Claims filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit 1-Under Seal, #2 Exhibit 2-Under Seal, #3 Exhibit 3-Under Seal, #4 Exhibit 4-Under Seal, #5 Exhibit 5-Under Seal, #6 Exhibit 6-Under Seal, #7 Exhibit 7-Under Seal, #8 Exhibit 8-Under Seal, #9 Exhibit 9-Under Seal, #10 Exhibit 10-Under Seal, #11 Exhibit 11-Under Seal, #12 Exhibit 12, #13 Exhibit 13-Under Seal, #14 Exhibit 14, #15 Exhibit 15-Under Seal, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18-Under Seal, #19 Exhibit 19-Under Seal, #20 Exhibit 20-Under Seal, #21 Exhibit 21-Under Seal, #22 Exhibit 22-Under Seal, #23 Exhibit 23-Under Seal, #24 Exhibit 24-Under Seal, #25 Exhibit 25-Under Seal, #26 Exhibit 26-Under Seal, #27 Exhibit 27-Under Seal, #28 Exhibit 28-Under Seal, #29 Exhibit 29)(Campbell, Andrew) Modified on 12/2/2016 (kh, ). (Additional attachment(s) added on 12/2/2016: #30 Main Document (Unredacted)) (kh, ). |
| Filing 569 RESPONSE in Opposition re #536 SEALED MOTION to PWC's Motion to Exclude Testimony of Laureen Ryan filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A-Under Seal, #2 Exhibit B-Under Seal, #3 Exhibit C-Under Seal, #4 Exhibit D-Under Seal, #5 Exhibit E-Under Seal, #6 Exhibit F-Under Seal, #7 Exhibit G-Under Seal, #8 Exhibit H-Under Seal, #9 Exhibit I-Under Seal, #10 Exhibit J-Under Seal)(Campbell, Andrew) Modified on 12/2/2016 (kh, ). |
| Filing 568 RESPONSE to Motion re #517 MOTION in Limine (Redacted Response to Motions to Exclude Crowe Experts Christopher James and Edward Sauls) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin McCarty in Support of Crowe's Response to Motions to Exclude, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Parzen, Stanley) (Additional attachment(s) added on 12/1/2016: #18 Main Document (Unredacted)) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 4 replaced on 12/1/2016) (kh, ). (Attachment 5 replaced on 12/1/2016) (kh, ). (Attachment 6 replaced on 12/1/2016) (kh, ). (Attachment 9 replaced on 12/1/2016) (kh, ). (Attachment 10 replaced on 12/1/2016) (kh, ). (Attachment 11 replaced on 12/1/2016) (kh, ). (Attachment 12 replaced on 12/1/2016) (kh, ). (Attachment 13 replaced on 12/1/2016) (kh, ). (Attachment 14 replaced on 12/1/2016) (kh, ). (Attachment 16 replaced on 12/1/2016) (kh, ). (Attachment 17 replaced on 12/1/2016) (kh, ). |
| Filing 567 BRIEF/MEMORANDUM in Opposition re #535 MOTION for Partial Summary Judgment and re #537 Second Mtn for Summary Judgment filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1 filed under seal, #2 Exhibit 2 filed under seal, #3 Exhibit 3 filed under seal, #4 Exhibit 4 filed under seal, #5 Exhibit 5 filed under seal, #6 Exhibit 6 filed under seal, #7 Exhibit 7 filed under seal, #8 Exhibit 8 filed under seal, #9 Exhibit 9 filed under seal, #10 Exhibit 10 filed under seal, #11 Exhibit 11 filed under seal, #12 Exhibit 12 filed under seal, #13 Exhibit 13 filed under seal, #14 Exhibit 14 filed under seal, #15 Exhibit 15, #16 Exhibit 16 filed under seal, #17 Exhibit 17 filed under seal, #18 Exhibit 18 filed under seal, #19 Exhibit 19 filed under seal, #20 Exhibit 20 filed under seal, #21 Exhibit 21 filed under seal, #22 Exhibit 22 filed under seal, #23 Exhibit 23 filed under seal, #24 Exhibit 24 filed under seal, #25 Exhibit 25 filed under seal, #26 Exhibit 26 filed under seal, #27 Exhibit 27 filed under seal, #28 Exhibit 28 filed under seal, #29 Exhibit 29 filed under seal, #30 Exhibit 30 filed under seal, #31 Exhibit 31 filed under seal, #32 Exhibit 32 filed under seal, #33 Exhibit 33 filed under seal, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37 filed under seal, #38 Exhibit 38, #39 Exhibit 39 filed under seal, #40 Exhibit 40 filed under seal, #41 Exhibit 41 filed under seal, #42 Exhibit 42 filed under seal, #43 Exhibit 43 filed under seal, #44 Exhibit 44 filed under seal, #45 Exhibit 45 filed under seal, #46 Exhibit 46 filed under seal, #47 Exhibit 47 filed under seal, #48 Exhibit 48 filed under seal, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51 filed under seal, #52 Exhibit 52 filed under seal, #53 Exhibit 53 filed under seal, # 54 Exhibit 54 filed under seal, # 55 Exhibit 55, #56 Exhibit 56 filed under seal, # 57 Exhibit 57 filed under seal, #58 Exhibit 58 filed under seal, #59 Exhibit 59 filed under seal, #60 Exhibit 60 filed under seal, #61 Exhibit 61 filed under seal, #62 Exhibit 62 filed under seal, #63 Exhibit 63 filed under seal, #64 Exhibit 64 filed under seal, #65 Exhibit 65 filed under seal, #66 Exhibit 66 filed under seal, #67 Exhibit 67 filed under seal, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71 filed under seal, #72 Exhibit 72 filed under seal, #73 Exhibit 73 filed under seal, #74 Exhibit 74 filed under seal, #75 Exhibit 75 filed under seal, #76 Exhibit 76 filed under seal, #77 Exhibit 77 filed under seal, #78 Exhibit 78 filed under seal, #79 Exhibit 79 filed under seal, #80 Exhibit 80 intentionally left blank, #81 Exhibit 81 filed under seal, #82 Exhibit 82 filed under seal, #83 Exhibit 83 filed under seal, #84 Exhibit 84 filed under seal)(Kipp, Grace) (Additional attachment(s) added on 12/2/2016: #102 Main Document (Unredacted)) (kh, ). Modified on 12/2/2016 (kh, ). (Attachment 11 replaced on 12/13/2016) (kh, ). |
| Filing 566 BRIEF/MEMORANDUM in Opposition re #539 SEALED MOTION by Crowe to Exclude Certain Testimony of Ralph Summerford filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1 - Summerford depo excerpts (filed under seal), #2 Exhibit 2 - Musso depo excerpts (filed under seal), #3 Exhibit 3 - Ketcha depo excerpts (filed under seal), #4 Exhibit 4 - Ex. A to Summerford report, #5 Exhibit 5 - Ex. B to Summerford report)(Kipp, Grace) (Additional attachment(s) added on 12/1/2016: #6 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 12/1/2016) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). |
| Filing 565 BRIEF/MEMORANDUM in Opposition re #529 SEALED MOTION filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal)(Turner, John) (Additional attachment(s) added on 12/1/2016: (7) Main Document (Unredacted)) (kh, ). Modified on 12/1/2016 (kh, ). |
| Filing 564 RESPONSE in Opposition re #519 MOTION in Limine by FDIC-R To Exclude Expert Opinions and Testimony of Bernard Harwood filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3-Filed Under Seal)(Marooney, Richard) (Attachment 1 replaced on 12/1/2016) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Additional attachment(s) added on 12/1/2016: #4 Main Document (Unredacted)) (kh, ). |
| Filing 563 RESPONSE in Opposition re #540 MOTION for Summary Judgment as to CBG's Claims UNDER SEAL filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit 1-Under Seal, #2 Exhibit 2-Under Seal, #3 Exhibit 3-Under Seal, #4 Exhibit 4-Under Seal, #5 Exhibit 5-Under Seal, #6 Exhibit 6-Under Seal, #7 Exhibit 7-Under Seal, #8 Exhibit 8-Under Seal, #9 Exhibit 9-Under Seal, #10 Exhibit 10-Under Seal, #11 Exhibit 11-Under Seal, #12 Exhibit 12-Under Seal, #13 Exhibit 13-Under Seal, #14 Exhibit 14-Under Seal, #15 Exhibit 15-Under Seal, #16 Exhibit 16-Under Seal, #17 Exhibit 17-Under Seal, #18 Exhibit 18-Under Seal, #19 Exhibit 19-Under Seal, #20 Exhibit 20, #21 Exhibit 21-Under Seal, #22 Exhibit 22, #23 Exhibit 23-Under Seal, #24 Exhibit 24-Under Seal, #25 Exhibit 25-Under Seal, #26 Exhibit 26-Under Seal, #27 Exhibit 27-Under Seal, #28 Exhibit 28-Under Seal)(Campbell, Andrew) (Additional attachment(s) added on 12/13/2016: (30) Main Document (Unredacted)) (kh, ). Modified on 12/13/2016 (kh, ). |
| Filing 562 RESPONSE in Opposition re #523 SEALED MOTION filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 561 BRIEF/MEMORANDUM in Opposition re #538 SEALED MOTION filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 560 RESPONSE in Opposition re #522 MOTION for Summary Judgment by FDIC-R as to the Ownership of CBG's Claims filed by PricewaterhouseCoopers LLP. (Marooney, Richard) (Additional attachment(s) added on 12/1/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 559 RESPONSE in Opposition re #534 MOTION for Summary Judgment as to CBG's Claims UNDER SEAL filed by Kevin O'Halloran, The Colonial BancGroup, 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)(Campbell, Andrew) |
| Filing 558 RESPONSE in Opposition re #516 MOTION for Partial Summary Judgment, #524 SEALED MOTION For Partial Summary Judgment Regarding Defendants' Affirmative Defenses filed by PricewaterhouseCoopers LLP. (Attachments: #1 Affidavit Declaration of Drew Dropkin, #2 Exhibit 1, #3 Exhibit 2-Filed Under Seal, #4 Exhibit 3, #5 Exhibit 4-Filed Under Seal, #6 Exhibit 5-Filed Under Seal, #7 Exhibit 6-Filed Under Seal, #8 Exhibit 7-Filed Under Seal, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14-Filed Under Seal, #16 Exhibit 15-Filed Under Seal, #17 Exhibit 16-Filed Under Seal, #18 Exhibit 17-Filed Under Seal, #19 Exhibit 18-Filed Under Seal, #20 Exhibit 19-Filed Under Seal, #21 Exhibit 20-Filed Under Seal, #22 Exhibit 21-Filed Under Seal, #23 Exhibit 22-Filed Under Seal, #24 Exhibit 23-Filed Under Seal, #25 Exhibit 24-Filed Under Seal, #26 Exhibit 25-Filed Under Seal, #27 Exhibit 26-Filed Under Seal, #28 Exhibit 27-Filed Under Seal, #29 Exhibit 28-Filed Under Seal, #30 Exhibit 29, #31 Exhibit 30-Filed Under Seal, #32 Exhibit 31, #33 Exhibit 32-Filed Under Seal, #34 Exhibit 33-Filed Under Seal, #35 Exhibit 34-Filed Under Seal, #36 Exhibit 35-Filed Under Seal, #37 Exhibit 36-Filed Under Seal, #38 Exhibit 37-Filed Under Seal, #39 Exhibit 38-Filed Under Seal, #40 Exhibit 39-Filed Under Seal, #41 Exhibit 40-Filed Under Seal, #42 Exhibit 41-Filed Under Seal, #43 Exhibit 42-Filed Under Seal, #44 Exhibit 43-Filed Under Seal, #45 Exhibit 44-Filed Under Seal, #46 Exhibit 45-Filed Under Seal, #47 Exhibit 46-Filed Under Seal, #48 Exhibit 47-Filed Under Seal, #49 Exhibit 48-Filed Under Seal, #50 Exhibit 49-Filed Under Seal, #51 Exhibit 50-Filed Under Seal, #52 Exhibit 51-Filed Under Seal, #53 Exhibit 52-Filed Under Seal, #54 Exhibit 53-Filed Under Seal, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57-Filed Under Seal, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61-Filed Under Seal, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64-Filed Under Seal, #66 Exhibit 65-Filed Under Seal, #67 Exhibit 66-Filed Under Seal, #68 Exhibit 67-Filed Under Seal, #69 Exhibit 68-Filed Under Seal, #70 Exhibit 69-Filed Under Seal)(Marooney, Richard) (Additional attachment(s) added on 12/1/2016: #71 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 5 replaced on 12/1/2016) (kh, ). (Attachment 6 replaced on 12/1/2016) (kh, ). (Attachment 7 replaced on 12/1/2016) (kh, ). (Additional attachment(s) added on 12/1/2016: #72 Exhibit 6-Filed Under Seal Part 2, #73 Exhibit 6-Filed Under Seal Part 3, #74 Exhibit 6-Filed Under Seal Part 4, #75 Exhibit 6-Filed Under Seal Part 5, #76 Exhibit 6-Filed Under Seal Part 6, #77 Exhibit 6-Filed Under Seal Part 7) (kh, ). (Attachment 8 replaced on 12/1/2016) (kh, ). (Attachment 15 replaced on 12/1/2016) (kh, ). (Attachment 16 replaced on 12/1/2016) (kh, ). (Attachment 17 replaced on 12/1/2016) (kh, ). (Attachment 18 replaced on 12/1/2016) (kh, ). (Attachment 19 replaced on 12/1/2016) (kh, ). (Attachment 20 replaced on 12/1/2016) (kh, ). (Attachment 20 replaced on 12/1/2016) (kh, ). (Attachment 21 replaced on 12/1/2016) (kh, ). (Attachment 22 replaced on 12/1/2016) (kh, ). (Attachment 23 replaced on 12/1/2016) (kh, ). (Attachment 24 replaced on 12/1/2016) (kh, ). (Attachment 23 replaced on 12/1/2016) (kh, ). (Attachment 25 replaced on 12/1/2016) (kh, ). (Attachment 26 replaced on 12/1/2016) (kh, ). (Attachment 27 replaced on 12/1/2016) (kh, ). (Attachment 28 replaced on 12/1/2016) (kh, ). (Attachment 31 replaced on 12/1/2016) (kh, ). (Attachment 33 replaced on 12/1/2016) (kh, ). (Attachment 34 replaced on 12/1/2016) (kh, ). (Attachment 35 replaced on 12/1/2016) (kh, ). (Attachment 36 replaced on 12/1/2016) (kh, ). (Attachment 37 replaced on 12/1/2016) (kh, ). (Attachment 38 replaced on 12/1/2016) (kh, ). (Attachment 39 replaced on 12/1/2016) (kh, ). (Attachment 40 replaced on 12/1/2016) (kh, ). (Attachment 41 replaced on 12/1/2016) (kh, ). (Attachment 42 replaced on 12/1/2016) (kh, ). (Attachment 43 replaced on 12/1/2016) (kh, ). (Attachment 44 replaced on 12/1/2016) (kh, ). (Attachment 45 replaced on 12/1/2016) (kh, ). (Attachment 46 replaced on 12/1/2016) (kh, ). (Attachment 47 replaced on 12/1/2016) (kh, ). (Attachment 48 replaced on 12/1/2016) (kh, ). (Attachment 49 replaced on 12/1/2016) (kh, ). (Attachment 50 replaced on 12/1/2016) (kh, ). (Attachment 51 replaced on 12/1/2016) (kh, ). (Attachment 52 replaced on 12/1/2016) (kh, ). (Attachment 53 replaced on 12/1/2016) (kh, ). (Attachment 54 replaced on 12/1/2016) (kh, ). (Attachment 58 replaced on 12/1/2016) (kh, ). (Attachment 62 replaced on 12/1/2016) (kh, ). (Attachment 62 replaced on 12/1/2016) (kh, ). (Attachment 65 replaced on 12/1/2016) (kh, ). (Attachment 66 replaced on 12/1/2016) (kh, ). (Attachment 67 replaced on 12/1/2016) (kh, ). (Attachment 68 replaced on 12/1/2016) (kh, ). (Attachment 69 replaced on 12/1/2016) (kh, ). (Attachment 70 replaced on 12/1/2016) (kh, ). (Attachment 29 replaced on 12/1/2016) (kh, ). (Additional attachment(s) added on 12/1/2016: #78 Exhibit 28-Filed Under Seal Part 2) (kh, ). |
| Filing 557 RESPONSE in Opposition re #539 SEALED MOTION to Crowe Horwath LLP's Motion to Exclude Testimony of Shepherd Pryor UNDER SEAL filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Campbell, Andrew) (Additional attachment(s) added on 12/2/2016: #6 Main Document (Unredacted)) (kh, ). Modified on 12/2/2016 (kh, ). |
| Filing 556 RESPONSE in Opposition re #521 MOTION in Limine by FDIC-R To Exclude Certain Expert Opinions and Testimony of Kenneth Lehn filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3-Filed Under Seal, #4 Exhibit 4-Filed Under Seal, #5 Exhibit 5-Filed Under Seal, #6 Exhibit 6-Filed Under Seal, #7 Exhibit 7-Filed Under Seal, #8 Exhibit 8-Filed Under Seal, #9 Exhibit 9-Filed Under Seal)(Marooney, Richard) (Additional attachment(s) added on 12/1/2016: (9) Main Document (Unredacted)) (kh, ). Modified on 12/1/2016 (kh, ). |
| Filing 555 RESPONSE in Opposition re #527 SEALED MOTION To Exclude Certain Expert Opinions and Testimony of Kenneth Lehn filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3-Filed Under Seal, #4 Exhibit 4-Filed Under Seal, #5 Exhibit 5-Filed Under Seal, #6 Exhibit 6-Filed Under Seal, #7 Exhibit 7-Filed Under Seal, #8 Exhibit 8-Filed Under Seal)(Marooney, Richard) (Additional attachment(s) added on 12/1/2016:#9 Main Document (Unredacted)) (kh, ). Modified on 12/1/2016 (kh, ). (Attachment 9 replaced on 12/1/2016) (kh, ). |
| Filing 554 RESPONSE in Opposition re #531 SEALED MOTION To Exclude Expert Opinions and Testimony of Timothy Riddiough filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2, #3 Exhibit 3-Filed Under Seal)(Marooney, Richard) (Additional attachment(s) added on 12/1/2016: #4 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 4 replaced on 12/1/2016) (kh, ). |
| Filing 553 RESPONSE in Opposition re #528 SEALED MOTION, #518 MOTION in Limine To Exclude Expert Opinions and Testimony of Christopher Swecker filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3-Filed Under Seal, #4 Exhibit 4-Filed Under Seal, #5 Exhibit 5-Filed Under Seal, #6 Exhibit 6-Filed Under Seal, #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-Part 1, #18 Exhibit 17-Part 2, #19 Exhibit 18-Part 1, #20 Exhibit 18-Part 2, #21 Exhibit 19-Part 1, #22 Exhibit 19-Part 2, #23 Exhibit 20, #24 Exhibit 21-Filed Under Seal, #25 Exhibit 22-Filed Under Seal, #26 Exhibit 23-Filed Under Seal)(Marooney, Richard) (Additional attachment(s) added on 12/1/2016: #27 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 12/1/2016) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 4 replaced on 12/1/2016) (kh, ). (Attachment 5 replaced on 12/1/2016) (kh, ). (Attachment 6 replaced on 12/1/2016) (kh, ). (Attachment 24 replaced on 12/1/2016) (kh, ). (Attachment 25 replaced on 12/1/2016) (kh, ). (Attachment 26 replaced on 12/1/2016) (kh, ). (Attachment 27 replaced on 12/1/2016) (kh, ). |
| Filing 552 RESPONSE in Opposition re #532 SEALED MOTION To Exclude Proffered Expert Opinions and Testimony of Maria Blanco filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1-Filed Under Seal, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3-Filed Under Seal, #4 Exhibit 4-Filed Under Seal, #5 Exhibit 5-Filed Under Seal, #6 Exhibit 6-Filed Under Seal, #7 Exhibit 7-Filed Under Seal, #8 Exhibit 8-Filed Under Seal, #9 Exhibit 9-Filed Under Seal, #10 Exhibit 10-Filed Under Seal, #11 Exhibit 11-Filed Under Seal, #12 Exhibit 12-FIled Under Seal, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Marooney, Richard) (Additional attachment(s) added on 12/1/2016: #16 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 12/1/2016) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 3 replaced on 12/1/2016) (kh, ). (Attachment 4 replaced on 12/1/2016) (kh, ). (Attachment 5 replaced on 12/1/2016) (kh, ). (Attachment 6 replaced on 12/1/2016) (kh, ). (Attachment 6 replaced on 12/1/2016) (kh, ). (Attachment 7 replaced on 12/1/2016) (kh, ). (Attachment 8 replaced on 12/1/2016) (kh, ). (Attachment 9 replaced on 12/1/2016) (kh, ). (Attachment 10 replaced on 12/1/2016) (kh, ). (Attachment 11 replaced on 12/1/2016) (kh, ). (Attachment 12 replaced on 12/1/2016) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 2 replaced on 12/1/2016) (kh, ). (Attachment 16 replaced on 12/1/2016) (kh, ). |
| Filing 551 REPLY BRIEF re #478 MOTION for Reconsideration re #453 Order (Reply In Support Of Motion To Reconsider Order Denying Summary Judgment Against The FDIC) filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 550 MOTION to Exclude Opinions and Testimony of Defendant PwC's Substitute Expert William M. Isaac Redacted by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kipp, Grace) (Additional attachment(s) added on 11/22/2016: #6 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 11/22/2016) (kh, ). (Attachment 2 replaced on 11/22/2016) (kh, ). (Attachment 3 replaced on 11/22/2016) (kh, ). (Attachment 4 replaced on 11/22/2016) (kh, ). |
| Filing 549 MOTION and Memorandum of Law to Exclude Certain Expert Opinions and Testimony of Defendant Pricewaterhousecoopers LLP Expert William M. Isaac by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew) (Additional attachment(s) added on 11/21/2016: #3 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 11/21/2016) (kh, ). (Attachment 2 replaced on 11/21/2016) (kh, ). |
| MOTION to Strike Florida Law Defense by Federal Deposit Insurance Corporation as Receiver for Colonial Bank.(NO PDF document attached to this notice-See Docket entry #547 ). (djy, ) |
| Filing 548 MOTION for Leave to File Motion for Summary Judgment as to Crowe Horwath LLP's Counterclaim by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
| Filing 547 ANSWER to #491 Answer to Amended Complaint, Counterclaim and Motion to Strike Florida Law Defense by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
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Filing 546
(TEXT) MINUTE ORDER: Having received the parties' joint request that the deadlines to file responses and replies to the pending Daubert and dispositive motions (Dkt. Nos. #514 - #540 ) be extended, the Court HEREBY ORDERS that the response deadline is extended to and including November 29, 2016 and any replies thereto shall be filed on or before December 13, 2016. Signed by Honorable Judge Barbara J. Rothstein on 11/17/2016. (no pdf document attached to this entry)(kh, )
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| Filing 545 NOTICE by Crowe Horwath, LLP re #544 Reply Brief, Notice of Filing Exh. 5 Under Seal (Attachments: #1 Exhibit Filed Under Seal)(Segall, Robert) (Attachment 1 replaced on 11/17/2016) (kh, ). |
| Filing 544 REPLY BRIEF re #479 MOTION to Rule That The FDIC is Bound by The Engagement Letters' Terms and to Strike the FDIC's Jury Demand (Reply In Support of Motion) filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin A. McCarty, #2 Exhibit A)(Parzen, Stanley) |
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Filing 543
(TEXT) MINUTE ORDER: The Court HEREBY VACATES the Pretrial Conference currently set for January 20, 2017 and the Trial date currently scheduled to begin on February 27, 2017. The Court will contact the parties the week of November 28, 2016 to schedule a status conference to set the remaining case management dates in this matter. Signed by Honorable Judge Barbara J. Rothstein on 11/14/2016. (no pdf document attached to this entry)(furn: calendar, AR)(kh, )
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| Filing 542 RESPONSE in Opposition re #478 MOTION for Reconsideration re #453 Order Filed Under Seal filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kipp, Grace) |
| Filing 541 RESPONSE in Opposition re #479 MOTION to Rule That The FDIC is Bound by The Engagement Letters' Terms and to Strike the FDIC's Jury Demand filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 540 DEFENDANT CROWE HORWATH LLP'S SECOND MOTION FOR SUMMARY JUDGMENT ON CBG'S CLAIMS by Crowe Horwath, LLP. (Attachments: #1 DECLARATION OF JUSTIN A. MCCARTY, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(kh, ) |
| Filing 539 DEFENDANT CROWE HORWATH LLP'S MOTION TO EXCLUDE TESTIMONY OF SHEPHERD PRYOR AND RALPH SUMMERFORD by Crowe Horwath, LLP. (Attachments: #1 DECLARATION OF JUSTIN A. MCCARTY, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C Part 1, #5 Exhibit C Part 2, #6 Exhibit C Part 3, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 EExhibit P, #20 Exhibit Q)(kh, ) |
| Filing 538 CROWE HORWATh LLP'S MOTION TO EXCLUDE ATTORNEY J. DOYLE FULLER by Crowe Horwath, LLP. (Attachments: #1 DECLARATION OF JUSTIN A. MCCARTY, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(kh, ) |
| Filing 537 DEFENDANT CROWE HORWATH LLP'S SECOND MOTION FOR SUMMARYJUDGMENT ON THE FDIC'S CLAIMS by Crowe Horwath, LLP. (Attachments: #1 DECLARATION OF JUSTIN A. MCCARTY, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9 Part 1, #11 Exhibit 9 Part 2, #12 Exhibit 9 Part 3, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25)(kh, ) |
| Filing 536 DEFENDANT PRICE WATERHOUSECOOPERS LLP'S MOTION TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY OF CBG'S DAMAGES EXPERT LAUREEN M. RYAN by PricewaterhouseCoopers LLP. (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)(kh, ) |
| Filing 535 DEFENDANT PRICE WATERHOUSECOOPERS LLP'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE FDIC'S CLAIMS by PricewaterhouseCoopers LLP. (Attachments: #1 DECLARATION OF DREW D. DROPKIN, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(kh, ) |
| Filing 534 DEFENDANT PRICE WATERHOUSECOOPERS LLP'S MOTION FOR SUMMARY JUDGMENT AS TO CBG'S CLAIMS by PricewaterhouseCoopers LLP. (kh, ) (Additional attachment(s) added on 11/4/2016: #1 DECLARATION OF DREW D. DROPKIN, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24) (kh, ). |
| Filing 533 PLAINTIFFS THE COLONIAL BANCGROUP INC., AND KEVIN O'HALLORAN'S MOTION TO EXCLUDE CERTAIN OPINIONS AND EXPERT TESTIMONY OF CROWE EXPERTS NICHOLAS J. KETCHA AND DONALD J. MUSSO by Kevin O'Halloran, The Colonial BancGroup, Inc.. (kh, ) (Additional attachment(s) added on 11/4/2016: #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) (wcl, ). |
| Filing 532 PLAINTIFFS THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN'S MOTION TO EXCLUDE PROFFERED EXPERT OPINIONS AND TESTIMONY OF MARIA TERESA BLANCO by Kevin O'Halloran, The Colonial BancGroup, Inc. (kh, ) (Additional attachment(s) added on 11/4/2016: #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) (wcl, ). |
| Filing 531 MOTION AND SUPPORTING MEMORANDUM OF LAW OF THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN, AS PLAN TRUSTEE, TO EXCLUDE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT PRICEWATERHOUSECOOPERS, LLP EXPERT TIMOTHY RIDDIOUGH by Kevin O'Halloran, The Colonial BancGroup, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(kh, ) |
| Filing 530 MOTION OF THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN, AS PLAN TRUSTEE, TO EXCLUDE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT CROWE HORWATH LLP EXPERTEDWARD W. SAULS by The Colonial BancGroup, Inc., Kevin O'Halloran (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(kh, ) |
| Filing 529 MOTION OF THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN, AS PLAN TRUSTEE, TO EXCLUDE CERTAIN EXPERT OPINIONS AND TESTIMONY OF THE FDIC-R'S EXPERTS JONATHAN WALKER AND KENNETH J. MALEK by The Colonial BancGroup, Inc., Kevin O'Halloran (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(kh, ) |
| Filing 528 MOTION AND SUPPORTING MEMORANDUM OF LAW OF THE PLAINTIFFS COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN, AS PLAN TRUSTEE, TO EXCLUDE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT PRICE WATERHOUSECOOPERS, LLP EXPERT CHRISTOPHER SWECKER by The Colonial BancGroup, Inc, Kevin O'Halloran. (kh, ) . |
| Filing 527 MOTION OF THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN, AS PLAN TRUSTEE, TO EXCLUDE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT PRICEWATERHOUSECOOPERS LLP EXPERT KENNETH M. LEHN by The Colonial BancGroup, Inc, Kevin O'Halloran. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(kh, ) |
| Filing 526 MOTION AND SUPPORTING MEMORANDUM OF LAW OF THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN, AS PLAN TRUSTEE, TO EXCLUDE CERTAIN EXPERT OPINIONS AND TESTIMONY OF DEFENDANT CROWE HORWATH LLP EXPERT CHRISTOPHER M. JAMES by The Colonial BancGroup, Inc, Kevin O'Halloran. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(kh, ) |
| Filing 525 PLAINTIFFS THE COLONIAL BANCGROUP, INC., AND KEVIN O'HALLORAN'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON BANCGROUP'S CLAIM FOR BREACH OF CONTRACT AGAINST CROWE HORWATH, LLP by The Colonial BancGroup, Inc., Kevin O'Halloran. (kh, ) (Additional attachment(s) added on 11/4/2016: #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 (Blank Page - Removed per Atty), #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) (wcl, ). |
| Filing 524 THE COLONIAL BANCGROUP, INC.'S AND KEVIN O'HALLORAN'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: DEFENDANTS' AFFIRMATIVE DEFENSES by The Colonial BancGroup, Inc. (kh, ) (Additional attachment(s) added on 11/4/2016: #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) (wcl, ). |
| Filing 523 PLAINTIFFS' MOTION AND MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT AGAINST THE FDIC-R, AS INTERVENING DEFENDANT, ON ITS REQUEST FOR DECLARATORY JUDGMENT by The Colonial BancGroup, Inc. (kh, ) (Additional attachment(s) added on 11/3/2016: #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) (wcl, ). |
| Filing 522 FDIC-R's MOTION FOR SUMMARY JUDGMENT AS TO THE OWNERSHIP OF CBG'S CLAIMS by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (wcl, ). |
| Filing 521 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS AND TESTIMONY OF DEFENDANT PRICEWATERHOUSECOOPERS LLP'S EXPERT KENNETH M. LEHN by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #1 Exhibit 1, #2 Exhibit 2) (wcl, ). |
| Filing 520 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S MOTION TO EXCLUDE THE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT CROWE HORWATH'S EXPERT JOSEPH C. ESPY by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #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) (wcl, ). |
| Filing 519 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S MOTION TO EXCLUDE THE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT PWC'S EXPERT BERNARD HARWOOD, JR. by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (wcl, ). |
| Filing 518 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S MOTION TO EXCLUDE THE EXPERT OPINIONS AND TESTIMONY OF DEFENDANT PRICE WATERHOUSECOOPERS LLP'S EXPERT CHRISTOPHER SWECKER by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (wcl, ). |
| Filing 517 PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS AND TESTIMONY OF DEFENDANT CR0 WE HORWATH LLP'S EXPERTS CHRISTOPHER JAMES AND EDWARD SAULS by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (wcl, ). |
| Filing 516 FDIC-R'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' AFFIRMATIVE DEFENSES by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) (Additional attachment(s) added on 11/3/2016: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L, #14 Exhibit 1M, #15 Exhibit 1N, #16 Exhibit 1O, #17 Exhibit 1P, #18 Exhibit 1Q, #19 Exhibit 1R, #20 Exhibit 1S, #21 Exhibit 1T, #22 Exhibit 1U, #23 Exhibit 1V, #24 Exhibit 2, #25 Exhibit 3) (kh, ). (Additional attachment(s) added on 11/3/2016: #26 Exhibit 4, #27 Exhibit 5, #28 Exhibit 6, #29 Exhibit 7, #30 Exhibit 8, #31 Exhibit 9, #32 Exhibit 10, #33 Exhibit 11, #34 Exhibit 12, #35 Exhibit 13, #36 Exhibit 14, #37 Exhibit 15, #38 Exhibit 16, #39 Exhibit 17, #40 Exhibit 18) (kh, ). (Additional attachment(s) added on 11/3/2016: #41 Exhibit 19, #42 Exhibit 20, #43 Exhibit 21, #44 Exhibit 22, #45 Exhibit 23, #46 Exhibit 24, #47 Exhibit 25, #48 Exhibit 26, #49 Exhibit 27, #50 Exhibit 28, #51 Exhibit 29, #52 Exhibit 30, #53 Exhibit 32, #54 Exhibit 32, #55 Exhibit 33, #56 Exhibit 34, #57 Exhibit 35) (kh, ). |
| Filing 515 MOTION for Joinder in Colonial BancGroup, Inc. and Kevin Halloran's Motion to Exclude Proffered Expert Opinions and Testimony of Maria Teresa Blanco by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Turner, John) |
| Filing 514 MOTION for Joinder in Colonial BancGroup, Inc. and Kevin Halloran's Motion to Exclude Certain Opinions and Expert Testimony of Crowe Experts Nicholas J. Ketcha and Donald J. Musso by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Turner, John) |
| Filing 513 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
| Filing 512 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
| Filing 511 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
| Filing 510 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
| Filing 509 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
| Filing 508 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
| Filing 507 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Under Seal (Kipp, Grace) |
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Filing 506
(TEXT) MINUTE ORDER: The Court having reviewed Plaintiff Federal Deposition Insurance Corporation ("FDIC")'s Motion to Strike Defendant Crowe's Motion to Reconsider Order Denying Summary Judgment Against the FDIC (Dkt. No. #483 ) and Crowe's brief in opposition, HEREBY DENIES the FDIC's motion. The FDIC shall file its opposition to Crowe's motion for reconsideration (Dkt. No. #478 ) on or before November 11, 2016 and Crowe shall file its reply brief on or before November 25, 2016. The opposition brief shall not exceed ten (10) pages and the reply brief shall not exceed five (5) pages. Signed by Honorable Judge Barbara J. Rothstein on 11/1/2016. (no pdf document attached to this entry)(kh, )
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Filing 505
(TEXT) MINUTE ORDER: Having considered the Agreed Motion Requesting Entry of an Order Regarding Daubert Motions Relating to "Regulatory" Experts (the "Motion"), the Court finds the Motion well taken and hereby orders as follows: the deadline for filing Daubert motions by any party, if any, with respect to William Isaac, Robert Hawkins, and David Gibbons shall be November 18, 2016. Responses to those Daubert motions shall be due on December 9, 2016 and Replies due on December 23, 2016. Signed by Honorable Judge Barbara J. Rothstein on 11/1/2016. (no pdf document attached to this entry)(kh, )
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| Filing 504 MOTION for Joinder in Pricewaterhousecoopers LLP's Motion to Exclude The "Approach B" Damages Calculation of CBG's Expert Laureen M. Ryan, Document #503. by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 503 NOTICE by PricewaterhouseCoopers LLP of Service and Intent to File Under Seal Its Motion to Exclude Certain Opinions and Testimony of CBG's Damages Expert Laureen M. Ryan (Marooney, Richard) |
| Filing 502 NOTICE by PricewaterhouseCoopers LLP of Service and Intent to File Under Seal Its Motion for Summary Judgment as to CBG's Claims (Marooney, Richard) |
| Filing 501 NOTICE by PricewaterhouseCoopers LLP of Service and Intent to File Under Seal Its Motion for Partial Summary Judgment as to the FDIC's Claims (Marooney, Richard) |
| Filing 500 NOTICE by Crowe Horwath, LLP Notice of Service of Second Motion For Summary Judgment on CBG's Claims. (Parzen, Stanley) |
| Filing 499 NOTICE by Crowe Horwath, LLP Notice of Service of Motion to Exclude Testimony of Shepherd Pryor and Ralph Summerford. (Parzen, Stanley) |
| Filing 498 NOTICE by Crowe Horwath, LLP Notice of Service of Second Motion For Summary Judgment on The FDIC's Claims. (Parzen, Stanley) |
| Filing 497 NOTICE by Crowe Horwath, LLP Notice of Service of Motion to Exclude Attorney J. Doyle Fuller. (Parzen, Stanley) |
| Filing 496 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. of Joinder in Plaintiff FDIC as Receiver for Colonial Bank's Motion to Exclude the Opinions and Testimony of Joseph C. Espy III (Campbell, Andrew) |
| Filing 495 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. of Service of Motions and Subsequent Filing Under Seal (Campbell, Andrew) |
| Filing 494 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Service (Mullin, David) |
| Filing 493 Joint MOTION for Extension of Deadline Filing of Daubert Motions re 456 Order on Motion for Extension of Deadline,, by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Text of Proposed Order Agreed Order)(Turner, John) |
| Filing 492 REPLY BRIEF re #483 MOTION to Strike #478 MOTION for Reconsideration re #453 Order filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kipp, Grace) |
| Filing 491 Crowe Horwath LLP's ANSWER to #281 Amended Complaint, (Third Amended Complaint), COUNTERCLAIM against Federal Deposit Insurance Corporation as Receiver for Colonial Bank by Crowe Horwath, LLP.(Parzen, Stanley) |
| Filing 490 RESPONSE in Opposition re #483 MOTION to Strike #478 MOTION for Reconsideration re #453 Order (Crowe Horwath LLP's Opposition to the FDIC's Motion to Strike Crowe's Motion to Reconsider) filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Parzen, Stanley) |
| Filing 489 STIPULATION Joint Stipulation Concerning Jury Demand between Kevin O'Halloran as plan Trustee for the Colonial Bancgroup, Inc., The Colonial Bancgroup, Inc., and Crowe Horwath, LLP by Crowe Horwath, LLP. (Parzen, Stanley) |
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Filing 488
(TEXT) MINUTE ORDER: Having been notified by the parties that Crowe failed to comply with this Court's Standing Order before filing a motion to compel the production of documents from the FDIC (Dkt. No. #485 ), the motion is HEREBY STRICKEN from the record. Signed by Honorable Judge Barbara J. Rothstein on 10/24/2016. (no pdf document attached to this entry)(kh, )
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| Filing 487 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #485 MOTION to Compel PRODUCTION OF DOCUMENTS FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK of Noncompliance with Standing Order (Kipp, Grace) |
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Filing 486
TEXT ORDER granting #482 Motion to Withdraw as Attorney. Signed by Honorable Judge Barbara J. Rothstein on 10/21/2016. (no pdf document attached to this entry)(kh, )
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| Filing 485 (STRICKEN PURSUANT TO THE COURT'S 488 ORDER) MOTION to Compel PRODUCTION OF DOCUMENTS FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK by Crowe Horwath, LLP. (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)(Parzen, Stanley) Modified on 10/24/2016 (kh, ). |
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Filing 484
TEXT (MINUTE) ORDER: The FDIC shall file a motion to strike Crowe's motion for reconsideration (Dkt. No. #478 ) by the end of business today. Crowe's opposition thereto shall be file by the end of business on Wednesday, October 26, 2016. The FDIC's reply shall be filed by 12:00pm (EST) on Friday, October 28, 2016. In addition, the FDIC's opposition to Crowe's Motion to Rule That the FDIC Is Bound by the Engagement Letters' Terms and to Strike the FDIC's Jury Demand (Dkt. No. #479 ) shall be filed on or before Tuesday, November 8, 2016. Crowe's reply thereto shall be filed on or before Tuesday, November 15, 2016. Signed by Honorable Judge Barbara J. Rothstein on 10/21/2016. (no pdf document attached to this entry)(kh, )
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| Filing 483 MOTION to Strike #478 MOTION for Reconsideration re #453 Order by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| *** Attorney James Harold Anderson terminated pursuant to the 486 text order. (kh, ) |
| Filing 482 MOTION to Withdraw as Attorney by Crowe Horwath, LLP. (Anderson, James) |
| Filing 481 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #427 Order on Motion to Compel,,,,, (Third) (Attachments: #1 Exhibit)(Mullin, David) |
| Filing 480 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #427 Order on Motion to Compel,,,,, (Second) (Attachments: #1 Exhibit)(Mullin, David) |
| Filing 479 MOTION to Rule That The FDIC is Bound by The Engagement Letters' Terms and to Strike the FDIC's Jury Demand by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1 - 8/10/16 Hearing Transcript, #2 Exhibit 2 - Crowe Engagement Letter 4/15/2008, #3 Exhibit 3 - 2003 - 2007 Reports (cover pages), #4 Exhibit 4 - Beville Dep)(McCarty, Justin) |
| Filing 478 MOTION for Reconsideration re #453 Order by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1 Deposition of M. Bentley, #2 Exhibit 2 Deposition of J. Boozer, #3 Exhibit 3 Crowe Engagement Letter 4/15/2008, #4 Exhibit 4 Deposition of T. Tynes, #5 Exhibit 5 Deposition of S. Sippial, #6 Exhibit 6 Deposition of H. Harris, #7 Exhibit 7 Audit Policy dated 4/18/2007, #8 Exhibit 8 Crowe Engagement Letter 4/17/2007, #9 Exhibit 9 Addendum 8/21/2007, #10 Exhibit 10 Beville, #11 Exhibit 11 2003 - 2007 Reports (cover pages), #12 Exhibit 12 Audit Policy 2003, #13 Exhibit 13 Audit Policy 2004, #14 Exhibit 14 Audit Policy 2005, #15 Exhibit 15 Audit Policy 2006, #16 Exhibit 16 Audit Policy 12/12/2007, #17 Exhibit 17 Deposition of E. Thomas, #18 Declaration of J. McCarty)(McCarty, Justin) |
| Filing 477 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #427 Order on Motion to Compel,,,,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mullin, David) |
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Filing 476
ORDER granting #468 Motion for Leave to Designate a Substitute Expert Witness for Mr. Laursen. The Court further orders as follows: 1. PWC shall serve the substitute expert report by October 14, 2016; 2. PWC shall make the substitute expert available for deposition no later than October 15, 2016; 3. Any rebuttal reports shall be served by October 26, 2016; and 4. The deposition of rebuttal expert witnesses shall take place thereafter. Signed by Honorable Judge Barbara J. Rothstein on 10/11/2016. (kh, )
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Filing 475
TEXT (MINUTE) ORDER: The FDIC requests that the deposition of Robert Hawkins, which is currently scheduled for Monday, October 10, 2016, be postponed pending this Court's resolution of PWC's motion for leave to designate a substitute expert witness (Dkt. No. #468 ). Given that PWC does not oppose the request (see Dkt. No. #474 n. 7), the Court HEREBY GRANTS the FDIC's request. Mr. Hawkins' deposition will not be taken until such time that the Court has resolved PWC's motion (Dkt.No. #468 ). Signed by Honorable Judge Barbara J. Rothstein on 10/7/2016. (no pdf document attached to this entry)(kh, )
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| Filing 474 REPLY BRIEF re #468 MOTION to Substitute Expert Witness Laursen filed by PricewaterhouseCoopers LLP. (Moss, Meredith) |
| Filing 473 RESPONSE in Opposition re #468 MOTION to Substitute Expert Witness Laursen filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Attachments: #1 Exhibit A)(Dorsey, Rufus) (Additional attachment(s) added on 10/6/2016: #2 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 10/6/2016) (kh, ). |
| Filing 472 RESPONSE in Opposition re #468 MOTION to Substitute Expert Witness Laursen filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) |
| Filing 471 Filing fees received for Christopher D. Landgraff, Philips S. Beck, Sean W. Gallagher, Christopher R. Hagale, Mark L. Levine, and Jameson R. Jones to Appear Pro Hac Vice : $ 300.00, receipt number 4602042613 (kh, ) |
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Filing 469
TEXT MINUTE ORDER: Having been notified by the parties that the following discovery disputes exist between Crowe, CBG, and the FDIC, the Court HEREBY ORDERS as follows: (1) Crowe designated two expert witnesses, Mussno and Ketcha, who jointly authored one expert report. CBG and the FDIC contend that they are entitled to depose each expert for seven hours each; Crowe counters that because there is just one report between the two expert witnesses, CBG and the FDIC are only entitled to depose Mussno and Ketcha for seven hours total. Nevertheless, Crowe is willing to allow CBG and the FDIC 4.5 hours for each witness. The Court ORDERS that CBG and the FDIC may depose Mussno and Ketcha for seven hours each. If, however, Crowe is willing to designate which portion of the report each expert will testify to at trial, the Court will then reduce the time allowed for each witness to 4.5 hours; (2) the parties dispute whether the written fact discovery deadline as set forth in the Uniform Scheduling Order (Dkt. No. #122 ) was extended to August 16, 2016 by the Minute Order dated June 15, 2016 (Dkt. No. #413 ). The Court finds that the intent of the June 15, 2016 Minute Order was to extend the written fact discovery deadline to August 16, 2016. Therefore, the Court ORDERS that CBG's and the FDIC's written requests for production were timely served. However, the Court recognizes that the Uniform Scheduling Order and the June 15, 2016 Minute Order created a potential ambiguity and Crowe may have refrained from serving additional written discovery based on a misunderstanding created by that ambiguity. If this is the case and Crowe desires to serve additional written discovery, Crowe may seek relief from the Court to do so within seven days of the date of this Minute Order. The motion shall set forth the nature of the requests, why the requests are necessary, and why the information sought is not obtainable through other means. Any objections to Crowes request shall be filed within three days of the request; any reply thereto shall be filed the next day; and (3) the parties dispute how many requests for admission are allotted to each party under the Uniform Scheduling Order. The Court has reviewed the Uniform Scheduling Order and finds that it does not set a limitation. However, the Court has also reviewed the parties' Rule 26(f) planning meeting reports (Dkt. Nos. #119 , #120 , and #121 ) and finds that the parties intended to limit the number of requests to either 30 or 40 per party. Therefore, the Court ORDERS that each party is limited to 40 requests for admission. Signed by Honorable Judge Barbara J. Rothstein on 9/30/2016. (no pdf document attached to this entry)(kh, )
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| Filing 468 MOTION to Substitute Expert Witness Laursen by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B-FILED UNDER SEAL, #3 Exhibit C, #4 Exhibit D-FILED UNDER SEAL, #5 Exhibit E, #6 Exhibit F)(Moss, Meredith) (Attachment 2 replaced on 10/4/2016) (kh, ). (Attachment 4 replaced on 10/5/2016) (kh, ). |
| Filing 470 Filing fee received for Trishanda L. Treadwell to Appear Pro Hac Vice : $ 50.00, receipt number 4602042607 (kh, ) |
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Filing 467
TEXT (MINUTE) ORDER: The Court HEREBY ORDERS that PWC shall file its motion to substitute expert witness Laursen by 5:00pm (PST) on September 30, 2016. The FDIC and CBG shall file their oppositions thereto by 5:00pm (PST) on October 4, 2016. The reply shall be filed by 12:00pm (PST) on October 6, 2016. The opening brief and response briefs shall be limited to seven pages and the reply brief shall be limited to five pages. Signed by Honorable Judge Barbara J. Rothstein on 9/28/2016. (kh, )
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| Filing 466 Motion for Jameson R. Jones to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/30/2016 to add the attorney's name(kh, ). (Additional attachment(s) added on 10/5/2016: #1 Correct Certificate of Good Standing) (kh, ). |
| Filing 465 Motion for Mark L. Levine to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/30/2016 to add the attorney's name (kh, ). |
| Filing 464 Motion for Christopher R. Hagale to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/30/2016 to add the attorney's name(kh, ). |
| Filing 463 Motion for Sean W. Gallagher to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/30/2016 to add the attorney's name (kh, ). |
| Filing 462 Motion for Philips S. Beck to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/30/2016 to add the attorney's name (kh, ). |
| Filing 461 Motion for Christopher D. Landgraff to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/30/2016 to add the attorney's name (kh, ). |
| Filing 460 Filing fee received for Cindy L. Sobel and John M. Hughes to Appear Pro Hac Vice : $ 100.00, receipt number 4602042558 (kh, ) Modified on 9/27/2016 to reflect John M. Hughes fee included as well. (kh, ). |
| Filing 459 Motion for Cindy L. Sobel to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/26/2016 to clarify the text(kh, ). |
| Filing 458 Motion for John H. Hughes to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 9/29/2016 to add the attorney's name. (kh, ). (Additional attachment(s) added on 9/29/2016: #1 Correct Certificate of Good Standing) (kh, ). |
| Filing 457 Motion for Trishanda L. Treadwell to Appear Pro Hac Vice by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) Modified on 9/30/2016 to add the attorney's name (kh, ). |
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Filing 456
TEXT ORDER granting #454 Defendant PricewaterhouseCoopers LLP's Unopposed Motion to Extend Certain Pretrial Deadlines by Two Weeks. The deadline to complete expert depositions is extended to and including October 20, 2016. The deadline to file dispositive and Daubert motions is extended to and including October 31, 2016. Oppositions to dispositive and Daubert motions shall be filed within twenty-one (21) days of the motions, and replies shall be filed within fourteen (14) days of the oppositions. Other pretrial deadlines and the trial date are not affected. Signed by Honorable Judge Barbara J. Rothstein on 9/19/2016. (no pdf document attached to this entry)(kh, )
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Filing 455
ORDER SETTING ASIDE AUGUST 1, 2016 ORDER: the Court HEREBY: (1) SETS ASIDE the Order dated August 1, 2016 (Dkt. No. #445 ); (2) DENIES PWC's Motion to Clarify Order Regarding Privileged Documents (Dkt. No. #431 ); and (3) ORDERS PWC to return the eleven privileged documents pursuant to the parties' Amended Protective Order (Dkt. No. #105 ). Signed by Honorable Judge Barbara J. Rothstein on 9/17/2016. (kh, )
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| Filing 454 MOTION for Extension of Deadline of Expert Depositions and Dispositive and Daubert Motions (Unopposed) by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Moss, Meredith) |
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Filing 453
ORDER: For the foregoing reasons, Crowe's motion for summary judgment [dkt. no. #223 ] as to the FDICs negligence claims is HEREBY DENIED. Signed by Honorable Judge Barbara J. Rothstein on 9/9/2016. (kh, )
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| Filing 452 REPLY BRIEF in support of Objections to 8.1.16 Order filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) (Attachment 1 replaced on 9/6/2016) (kh, ). |
| Filing 451 BRIEF/MEMORANDUM in Opposition re #448 Objection to Magistrate Judge Moorer's August 1, 2016 Order #445 by FDIC-R [REDACTED] filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Filed Under Seal, #5 Exhibit E-Filed Under Seal)(Cusick, James) (Additional attachment(s) added on 8/26/2016: #6 Main Document (Unredacted)) (kh, ). (Attachment 1 replaced on 8/26/2016) (kh, ). (Attachment 2 replaced on 8/26/2016) (kh, ). (Attachment 3 replaced on 8/26/2016) (kh, ). (Attachment 4 replaced on 8/26/2016) (kh, ). (Attachment 5 replaced on 8/26/2016) (kh, ). |
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Filing 450
ORDER granting in part and denying in part #222 Motion for Summary Judgment as to CBG's damages, as further set out. Signed by Honorable Judge Barbara J. Rothstein on 8/24/2016. (kh, )
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Filing 449
ORDER: Upon consideration of the Objections to this Court's August 1, 2016 Order (Doc. #445 ) filed by the Plaintiff FDIC-R (Doc. #448 ) it is ORDERED that on or before August 26, 2016 the Defendants may file any briefs responding to the Objections raised and that on or before September 2, 2016, Plaintiffs may file a reply brief. Signed by Honorable Judge Terry F. Moorer on 8/16/2016. (kh, )
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| Filing 448 Objection to re #445 Order on Motion to Clarify, Order on Motion to Expedite,, and Motion for Expedited Briefing filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Minute Entry for proceedings held before Honorable Judge Barbara J. Rothstein: Oral Argument held on 8/10/2016 (NO PDF). Counsel for all parties were present. The Court took the arguments on Crowe's #222 Motion for Summary Judgment under advisement. (Court Reporter Cathryn Jones, 202-354-3246.) (dmn, ) Modified on 8/11/2016 to add phone number for court reporter. (dmn, ) |
| Filing 447 PRICE WATERHOUSECOOPERS LLP'S REPLY IN SUPPORT OF ITS #437 MOTION FORADDITIONAL DISCOVERY FROM THE FDIC ON SETTLEMENT ALLOCATION. (Attachments: #1 Exhibit A - SEALED, #2 Exhibit B - SEALED)(kh, ) |
| Filing 446 REPLY BRIEF re #437 MOTION for Discovery from the FDIC on Settlement Allocation (Filed Under Seal) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B-Redacted)(Cusick, James) |
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Filing 445
(SET ASIDE PURSUANT TO THE COURT'S #455 ORDER) ORDER that PWC's #431 Motion to Clarify Order Regarding Privileged Documents be and hereby is GRANTED as further set out in the order. It is further ORDERED that PWC shall be allowed to depose and question Mr. Byrne about all eleven documents of the disputed documents including, document 5882 which the Court has not reviewed due to the FDIC's error failing to submit it. Signed by Honorable Judge Terry F. Moorer on 8/1/2016. (dmn, ) Modified on 9/19/2016 (kh, ).
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Filing 444
(TEXT) MINUTE ORDER granting #358 MOTION for Leave to File An Evidentiary Supplement in Support of Its Motion for Summary Judgment. Signed by Honorable Judge Barbara J. Rothstein on 8/1/2016. (no pdf document attached to this entry)(kh, )
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Filing 443
(TEXT) MINUTE ORDER: The Court hereby grants Crowe Horwath LLP's request for oral argument on its motions for summary judgment [Dkt. Nos. #221 and #222 ] and Dkt. No. #316 . The hearing will take place on August 10, 2016 at 10:00am (EST) at the E. Barrett Prettyman Federal Courthouse, Courtroom 12 before Judge Barbara Jacobs Rothstein. Signed by Honorable Judge Barbara J. Rothstein on 7/29/2016. (furn: calendar)(kh, )
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Filing 442
ORDER: The Court HEREBY DENIES Crowe's motion for summary judgment [Dkt. #222 ] with respect to its claim that the FDICs claims were not timely filed. The remaining issues are held in abeyance pending oral argument before the Court. In addition, because this Court concludes that the Tolling Agreement between Crowe and the FDIC is enforceable, Crowe's motion to compel documents from the FDIC pertaining to the FDIC's reliance on the Tolling Agreement is moot. Therefore, the Court HEREBY STRIKES Crowes motion to compel [Dkt. No. #362 ].. Signed by Honorable Judge Barbara J. Rothstein on 7/29/2016. (kh, )
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| Filing 441 THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR COLONIAL BANK'S OPPOSITION TO DEFENDANT PRICE WATERHOUSECOOPERS LLP'S MOTION FOR ADDITIONAL DISCOVERY FROM THE FDIC ON SETTLEMENT ALLOCATION by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(kh, ) (Additional attachment(s) added on 7/27/2016: #2 Exhibit 2, #3 Exhibit 3) (kh, ). |
| Filing 440 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Notice of Filing Opp'n to PwC's Mot for Additional Allocation Discovery Under Seal (Kipp, Grace) |
| Filing 439 REPLY BRIEF in Support of its #429 Motion to Clarify Order regarding Privileged Documents filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-Filed Under Seal)(Cusick, James) Modified on 7/21/2016 to clean up text, reflect actual title, and create link to Doc. #429 . (dmn, ) (Attachment 1, Attachment 2, and Attachment 3 replaced on 7/21/2016 to attach Sealed exhibits to entry) (qc/djy, ). (Additional attachment(s) added on 7/21/2016 to attach SEALED Unredacted main document: #4 SEALED unredacted main document) (qc/djy, ). |
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Filing 438
ORDER directing Plaintiffs' TO SHOW CAUSE why the #437 Motion to Compel Additional Discovery filed by PricewaterhouseCoopers LLP should not be granted. Show Cause Response due by 7/26/2016. Signed by Honorable Judge Terry F. Moorer on 7/20/2016. (dmn, )
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| MOTIONS REFERRED to Mag Judge Moorer: #437 MOTION for Discovery from the FDIC on Settlement Allocation (NO PDF document attached to this notice). (djy, ) |
| Filing 437 MOTION for Discovery from the FDIC on Settlement Allocation by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B (filed under seal))(Cusick, James) (Attachment 2 replaced on 7/20/2016 to add SEALED EXHIBIT B PDF document and Additional attachment(s) added to add #3 SEALED unredacted main document) (qc/djy, ). |
| Filing 436 RESPONSE in Opposition re #431 MOTION to Clarify re #429 Order on Motion to Compel and MOTION to Expedite Briefing filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) |
| Filing 435 NOTICE of Appearance by Mary Godwin Menge on behalf of Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Menge, Mary) |
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Filing 434
TEXT ORDER: The Court having been notified by counsel that a discovery dispute has arisen between the FDIC and PricewaterhouseCooper LLP ("PWC") hereby orders that PWC file a brief setting forth the issue on or before July 18, 2016. The brief shall be limited to twelve (12) pages. The FDIC's response brief shall be limited to ten (10) pages and shall be filed on or before July 25, 2016. PWC's reply brief shall be limited to five (5) pages and shall be filed on or before August 1, 2016. Signed by Honorable Judge Barbara J. Rothstein on 7/14/2016. (kh, ) (no pdf document attached to this entry)
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Filing 433
ORDERED that on or before Friday, July 15, 2016 the FDIC shall provide to the court for in camera review the eleven (11) documents about which the parties disagree as to whether privilege applies. Further, it is ORDERED that on or before Friday, July 15, 2016, Plaintiffs may file any briefs responding to the Motion (Doc. #431 ) and addressing the privileges claimed as to the eleven (11) documents and the grounds therefore. It is further ORDERED that on or before July 20, 2016, the Defendants may file any reply briefs. Signed by Honorable Judge Terry F. Moorer on 7/12/2016. (kh, )
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| Filing 432 NOTICE of Correction re #431 MOTION to Clarify re #429 Order on Motion to Compel and MOTION to Expedite Briefing. The original pdf contained typographical errors. The main document has been replaced. (Attachments: #1 Main Document for docket entry #431 )(kh, ) |
| MOTIONS REFERRED to Magistrate Judge Moorer: #431 MOTION to Clarify re #429 Order on Motion to Compel and MOTION to Expedite Briefing (NO PDF document attached to this notice). (djy, ) |
| Filing 431 MOTION to Clarify re #429 Order on Motion to Compel and, MOTION to Expedite Briefing by PricewaterhouseCoopers LLP. (Cusick, James) (Main Document 431 replaced on 7/11/2016) (kh, ). |
| Filing 430 Notice regarding MEMBER Case 2:12cv957-WKW which has now been reassigned to Judge Barbara J. Rothstein. (djy, ) |
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Filing 429
ORDERED that PWC's Motion to Compel Documents and Testimony Over Which Plaintiffs Assert Privilege (Doc. #350 ) be GRANTED in part and DENIED in part as further set out in order. Signed by Honorable Judge Terry F. Moorer on 6/24/2016. (kh, )
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Filing 428
ORDERED that Plaintiff's Motion for Leave to file Reply (Doc. #388 ) be and hereby is GRANTED. Signed by Honorable Judge Terry F. Moorer on 6/23/2016. (kh, )
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Filing 427
ORDERED that Plaintiff's Motion to Compel and for Sanctions and to Strike (Doc. #326 ) be GRANTED in part and DENIED in part as follows: (1) The Plaintiff's Motion to Compel the Testimony of Peter Wallace is GRANTED to the extent set forth below: (a) The deposition shall be limited to Mr. Wallace's specific involvement with FAS 140 concerns on behalf of Doral Bank, R-G Premier and Colonial Bank. The depositions duration shall be limited to two hours. (b) Two days prior to the scheduled deposition Plaintiff shall present to PWC counsel and shall FILE with this Court, a waiver of confidentiality from Doral Bank and R-G Premier and/or their holding company for which Colonial performed FAS 140 accounting work. The deposition may NOT be reconvened without these waivers. (c) PWC shall make Wallace available at time and place mutually agreed upon by all parties. The Plaintiff shall bear the costs associated with resuming Wallace's deposition. (2) Plaintiff's Motion for Sanctions for filing this Motion and Costs for resuming Wallace's deposition is DENIED.(3) Plaintiff's Motion to Strike the portions of Wallace's deposition dealing with the questions posed to William Mitchell and his answers is DENIED. Signed by Honorable Judge Terry F. Moorer on 6/23/2016. (kh, )
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| Filing 426 REPLY in SUPPORT re #326 MOTION to Compel Testimony of Peter Wallace filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (kh, ) |
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Filing 425
ORDERED that for the foregoing reason, the Court will hold this #362 motion in abeyance pending resolution of Crowe's #223 motion for summary judgment. Signed by Honorable Judge Barbara J. Rothstein on 6/22/2016. (kh, )
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| Filing 424 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #423 Reply Brief, Notice of Filing Under Seal (Kipp, Grace) |
| Filing 423 REPLY BRIEF re #353 MOTION for Leave to File Reply in Support of Motion to Compel, Strike and for Sanctions, #422 Order on Motion for Leave to File Redacted filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
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Filing 422
ORDERED that Plaintiff's Motion for Leave to file Reply (Doc. #353 ) be and hereby is GRANTED. Signed by Honorable Judge Terry F. Moorer on 6/21/2016. (kh, ) Modified on 6/21/2016 (kh, ).
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| Filing 421 REPLY BRIEF re #362 MOTION to Compel Production of Documents from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank or for an Order of Preclusion (Crowe Horwath LLP's Reply In Support Of Its Motion To Compel The Production Of Documents From The FDIC Or For An Order Of Preclusion) filed by Crowe Horwath, LLP. (Parzen, Stanley) |
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Filing 420
ORDER: For the foregoing reasons, the Court HEREBY GRANTS the FDIC-R's motion for leave to take a second Rule 30(b)(6) deposition of PWC (Dkt. No. #375 ) and GRANTS in part and DENIES in part PWC's motion for a protective order (Dkt. No. #348 ) as futher set out in order. Signed by Honorable Judge Barbara J. Rothstein on 6/20/2016. (kh, )
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Filing 419
ORDERED that Plaintiff's Motion to Strike (Doc. #363 ), Plaintiff's Motion for Leave to file Reply (Doc. #365 ) and Defendant PriceWaterhouseCoopers, LLP Motion for Leave to File Sur-Reply (Doc. #384 ) be and hereby are DENIED as Moot. Signed by Honorable Judge Terry F. Moorer on 6/20/2016. (kh, )
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| Motions No Longer Referred Mag Judge Moorer: #362 MOTION to Compel (no pdf document attached to this entry) (kh, ) |
| Filing 418 REPLY BRIEF re #360 MOTION for Protective Order to Quash Defendants' Rule 30(b)(6) Deposition Notices filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) |
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Filing 417
TEXT ORDER granting #387 Motion for Leave to File Reply Brief. Signed by Honorable Judge Barbara J. Rothstein on 6/17/16. (NO PDF document attached to this notice). (djy, )
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Filing 416
ORDER GRANTING in part and DENYING in part the FDIC-R's #360 MOTION for Protective Order to Quash Defendants' Rule 30(b)(6) Deposition Notices; the court rules as follows: (1) The motion is GRANTED in part as to Topic 1; (2) The motion is GRANTED in part as to Topic 2; (3) The motion is DENIED as to Topic 3; (4) The motion is GRANTED as to Topic 4; (5) The motion is DENIED in part as to Topic 5, but the FDIC-R must provide Defs with the requested information in writing within thirty (30) days of the date of this order; (6) The motion is DENIED as to Topic 6; (7) The motion is GRANTED as to Topic 7; (8) The motion is GRANTED as to Topic 9; (9) The motion is GRANTED as to Topic 10; (10) The motion is GRANTED as to Topic 11; (11) The motion is GRANTED in part as to Topic 12, but the FDIC-R must provide Defendants with the requested information in writing within thirty (30) days of the date of this order; and (12) The motion is GRANTED as to Crowes Topic 13, as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 6/17/16. (djy, )
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Filing 415
TEXT ORDER granting #412 Motion for Leave to File Reply in Support of #360 Motion for Protective Order. Signed by Honorable Judge Barbara J. Rothstein on 6/16/16. (NO PDF document attached to this notice). (djy, )
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| Motions No Longer Referred Judge Moorer, pursuant to email request of chambers: #360 MOTION for Protective Order to Quash Defendants' Rule 30(b)(6) Deposition Notices (NO PDF document attached to this notice). (djy, ) |
| Motions No Longer Referred to Mag Judge Moorer: #387 MOTION for Leave to File Reply Brief in Support of Motion for Protective Order #348 (NO PDF document attached to this notice). (djy, ) |
| Motions No Longer Referred to Mag Judge Moorer pursuant to email from chambers: #348 MOTION for Protective Order (NO PDF document attached to this notice). (djy, ) |
| Filing 414 RESPONSE to FDIC's #412 MOTION for Leave to File a Reply in Support of Motion for Protective Order to Quash the Defendants Rule 30(b)(6) Deposition Notices (Doc. #360 ) filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Parzen, Stanley) Modified on 6/17/2016 to create an actual link to Doc. #360 . (dmn, ) |
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Filing 413
TEXT (MINUTE) ORDER: The Court has reviewed PWCs #402 Motion for a Status Conference to Discuss Remaining Pretrial Dates, the Plfs and Crowes oppositions thereto, the outstanding discovery motions (Dkt. Nos. #326 , #348 , #350 , #360 , and #362 ), as well as the outstanding motions for summary judgment, motion to dismiss, and related motions (Dkt. Nos. #221 , #222 , #306 , #316 , #317 , and #358 ). The Court anticipates that the discovery motions will be resolved by 6/24/2016 and that the substantive motions will be resolved by 7/29/16. Therefore, the Court adopts the proposed dates set forth in Crowes response to PWCs Motion (Dkt. No. #405 ). PRETRIAL. The pretrial dates are set as follows:Plfs expert reports: 7/20/16; Defs expert reports: 8/29/16; Rebuttal expert reports: 9/12/16; Expert depositions deadline 10/6/16; Last day for service of other written discovery: 8/16/16; and Dispositive motions and Daubert motions shall be filed no later than: 10/17/16. TRIAL. The dates for trial preparation are as follows: Trial exhibit lists, trial witness lists, and list of trial deposition designations: 1/3/17; Counter deposition designations: 1/10/17; Reply deposition designations: 1/17/17; Pretrial conference: 1/20/17; Motions in limine, and if there is a jury trial, voir dire questions and proposed jury instructions, together with any citations of law: 2/6/17; Objections to exhibits and deposition designations: 2/6/17; Response to objections to exhibits: 2/13/17; Trial date: 2/27/17. In addition, the Court directs the parties attention to its Standing Order, which sets forth this Courts procedures and policies in civil cases (Dkt. No. #410 ). In the event that the procedures and/or policies conflict with the local rules for the Middle District of Alabama and/or a prior Judges procedures, the procedures and policies set forth in the Standing Order govern. The Court also expects the parties to file opposition and reply briefs to each motion without seeking leave from the Court. For dispositive motions, oppositions shall be filed within twenty-one (21) days of the motion and replies shall be filed within fourteen (14) days of the opposition. For non-dispositive motions, oppositions shall be filed within fourteen (14) days of the opposition and replies shall be filed within seven (7) days of the opposition. The Court also directs the parties attention to the page limitations set forth in the Standing Order. Signed by Honorable Judge Barbara J. Rothstein on 6/15/16. Furnished to calendar group & AR.(djy, ) .
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| Filing 412 MOTION for Leave to File Reply in Support of Motion for Protective Order to Quash the Defendants Rule 30(b)(6) Deposition Notices (Doc. 360) by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Spotswood, Robert) |
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Filing 411
ORDER directing that the #324 MOTION for Protective Order be DENIED and that on or before 6/24/2016 the FDIC-R shall provide Defs and the Court a summary of the techniques, methods, and formulas by which the FDIC-R allocated the proceeds of the FDIC's global settlement with Bank of America for 1.031 billion dollars between the Colonial receivership actions ($542.7 million) and the other RMBS actions not involving the Colonial receivership ($636 million) and a summary of the techniques, methods, and formulas by which it allocated $179 million to the Colonial-related RMBS cases and $363.7 million to the Ocala Funding claims, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 6/14/16. (djy, )
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Filing 410
STANDING ORDER for Civil Cases, summarizing procedures to be followed in civil cases reassigned, as further set out in order. Signed by Honorable Judge Barbara J. Rothstein on 6/13/16. (djy, )
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Filing 409
TEXT ORDER granting Plfs' #406 MOTION for an expedited ruling and to stay Plaintiffs' expert report deadline; Plfs' expert report deadline of 6/13/2016 as to both the FDIC-R and CBG is stayed until the Court rules on PwC's #402 MOTION to extend pretrial case management deadlines. Signed by Honorable Judge Barbara J. Rothstein on 6/13/16. (NO PDF document attached to this notice). (djy, )
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| Filing 408 REPLY to Response to Motion re #402 MOTION for Hearing (Motion for Status Conference to Discuss Remaining Pretrial Schedule) filed by PricewaterhouseCoopers LLP. (Cusick, James) |
| Filing 407 JOINDER re #405 Response to Motion, by Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Kevin O'Halloran, The Colonial BancGroup, Inc.. (Turner, John) |
| Filing 406 MOTION to Stay Plaintiffs'' Expert Deadline Under the Scheduling Order and Motion for Expedited Ruling by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 405 RESPONSE to Motion re #402 MOTION for Hearing (Motion for Status Conference to Discuss Remaining Pretrial Schedule) Crowe Horwath LLP's Combined Response To PwC's Motion For Status Conference To Discuss Remaining Pretrial Schedule And The FDIC's Cross-Motion To Extend Its Experts' Opening Report Deadline filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 404 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. re #403 Response in Opposition to Motion, Joinder Response in Agreement with FDIC's Opposition to PWC's #402 Motion for Status Conference (Campbell, Andrew) Modified on 6/23/2016 to create link to Doc. #402 . (dmn, ) |
| Filing 403 RESPONSE in Opposition re #402 MOTION for Hearing (Motion for Status Conference to Discuss Remaining Pretrial Schedule) and Cross Motion to Extend the FDIC-R's Expert Disclosure Deadline filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kipp, Grace) |
| Filing 402 MOTION for Hearing (Motion for Status Conference to Discuss Remaining Pretrial Schedule) by PricewaterhouseCoopers LLP. (Cusick, James) |
| Filing 401 RESPONSE in Opposition re #362 MOTION to Compel Production of Documents from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank or for an Order of Preclusion filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) |
| Filing 400 NOTICE by Crowe Horwath, LLP re #366 Notice (Other) AMENDED NOTICE OF UNAVAILABILITY OF STANLEY J. PARZEN (Parzen, Stanley) |
| MOTIONS REFERRED to Magistrate Judge Moorer, as related to discovery matters previously referred: #353 MOTION for Leave to File Reply in Support of Motion to Compel, Strike and for Sanctions, #387 MOTION for Leave to File Reply Brief in Support of Motion for Protective Order #348 , #384 MOTION for Leave to File Sur-Reply in Response to the FDIC's Reply in Support of its Motion to Strike #380 , #365 MOTION for Leave to File Reply in Support of Motion for Protective Order, #363 MOTION to Strike #344 Response in Opposition to Motion, , #388 MOTION for Leave to File Reply Brief In Support of Its Motion To Compel Documents and Testimony Over Which Plaintiffs Assert Privilege #350 (NO PDF document attached to this notice). (djy, ) |
| Filing 399 Case reassigned to Honorable Judge Barbara J. Rothstein. Chief Judge William Keith Watkins no longer assigned to the case as presiding judge. (djy, ) |
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Filing 397
ORDERED that the motion (Doc. #393 ) is GRANTED to the extent that the following deadlines established by the December 15, 2015 Order (Doc. #241 ) are EXTENDED as follows: (1) The deadline for the disclosure of Plaintiffs' expert reports is EXTENDED from May 17, 2016, to and including June 13, 2016; (2) The deadline for the disclosure of Defendants' expert reports is EXTENDED from June 30, 2016, to and including July 28, 2016; and (3) The deadline for the disclosure of rebuttal reports is EXTENDED from July 15, 2016, to and including August 11, 2016. It is further ORDERED that the motion (Doc. #393 ) otherwise is DENIED. Signed by Chief Judge William Keith Watkins on 5/20/2016. (kh, )
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Filing 396
ORDERED that on or before June 3, 2016, FDIC-R shall show cause why this #362 Motion is not due to be granted. Signed by Honorable Judge Terry F. Moorer on 5/20/2016. (kh, )
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| Filing 395 (DUPLICATE DOCKET ENTRY AS DOCUMENT #394 FILED BY DIFFERENT ATTORNEY) RESPONSE in Support re #393 MOTION to Stay Motion of The Colonial BancGroup, Inc. and Kevin O'Halloran for Abeyance of Dates under the Scheduling Order and Motion for Expedited Ruling filed by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 5/20/2016 to clarify duplicate docket entry as previous docket entry (kh, ). |
| Filing 394 RESPONSE to Motion re #393 MOTION to Stay Motion of The Colonial BancGroup, Inc. and Kevin O'Halloran for Abeyance of Dates under the Scheduling Order and Motion for Expedited Ruling filed by PricewaterhouseCoopers LLP. (Cusick, James) |
| Filing 393 MOTION to Stay Motion of The Colonial BancGroup, Inc. and Kevin O'Halloran for Abeyance of Dates under the Scheduling Order and Motion for Expedited Ruling by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
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Filing 392
ORDERED that the Order entered on May 4, 2016 (Doc. #386 ), is MODIFIED as follows. The parties are permitted, but are not required, to file a response as directed by the May 4 Order. If the parties file nothing by 5:00 p.m. (CDT) on May 13, 2016, the May 4 Order (Doc. #386 ) will be deemed VACATED. Signed by Chief Judge William Keith Watkins on 5/13/2016. (kh, )
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| Filing 398 Minute Entry for proceedings held before Chief Judge William Keith Watkins: Telephone Status Conference held on 5/12/2016 (No PDF attached). (ajr, ) |
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Filing 391
ORDERED that a telephonic conference is SET for May 12, 2016, at 11:00 a.m. (CDT). Counsel for Defendant PricewaterhouseCoopers is DIRECTED to take all necessary action to coordinate and commence the conference call. Signed by Chief Judge William Keith Watkins on 5/11/2016. (furn: AR, Calendar)(kh, )
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| Filing 390 RESPONSE in Opposition re #384 MOTION for Leave to File Sur-Reply in Response to the FDIC's Reply in Support of its Motion to Strike #380 filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 389 NOTICE by PricewaterhouseCoopers LLP re #388 MOTION for Leave to File Reply Brief In Support of Its Motion To Compel Documents and Testimony Over Which Plaintiffs Assert Privilege #350 of Filing Under Seal (Moss, Meredith) |
| Filing 388 MOTION for Leave to File Reply Brief In Support of Its Motion To Compel Documents and Testimony Over Which Plaintiffs Assert Privilege #350 by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A-Proposed Reply Brief-Redacted, #2 Exhibit O-Filed Under Seal, #3 Exhibit P-Filed Under Seal, #4 Exhibit Q-Filed Under Seal, #5 Exhibit R-Filed Under Seal, #6 Exhibit S, #7 Exhibit T-Filed Under Seal, #8 Exhibit U-Filed Under Seal, #9 Exhibit V-Filed Under Seal, #10 Exhibit W-Filed Under Seal, #11 Exhibit X-Filed Under Seal, #12 Exhibit Y-Filed Under Seal)(Moss, Meredith) (Attachment 2 replaced on 5/6/2016) (kh, ). (Attachment 3 replaced on 5/6/2016) (kh, ). (Attachment 4 replaced on 5/6/2016) (kh, ). (Attachment 5 replaced on 5/6/2016) (kh, ). (Attachment 7 replaced on 5/6/2016) (kh, ). (Attachment 8 replaced on 5/6/2016) (kh, ). (Attachment 9 replaced on 5/6/2016) (kh, ). (Attachment 10 replaced on 5/6/2016) (kh, ). (Attachment 11 replaced on 5/6/2016) (kh, ). (Attachment 12 replaced on 5/6/2016) (kh, ). |
| Filing 387 MOTION for Leave to File Reply Brief in Support of Motion for Protective Order #348 by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Cusick, James) |
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Filing 386
ORDERED that the #371 motion is DENIED. Counsel for all parties are DIRECTED to confer in good faith with respect to the scheduling issues raised in the motion. After counsel have conferred but no later than May 13, 2016, Plaintiffs and Defendant Crowe Horwath LLP are DIRECTED to file a response to PricewaterhouseCoopers's motion. The response should set forth clearly all scheduling matters upon which the parties are able to agree and upon which a dispute still exists. Signed by Chief Judge William Keith Watkins on 5/4/2016. (kh, )
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| Filing 384 MOTION for Leave to File Sur-Reply in Response to the FDIC's Reply in Support of its Motion to Strike #380 by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Cusick, James) |
| Filing 383 RESPONSE to Motion re #360 MOTION for Protective Order to Quash Defendants' Rule 30(b)(6) Deposition Notices filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 382 RESPONSE to Motion re #360 MOTION for Protective Order to Quash Defendants' Rule 30(b)(6) Deposition Notices filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cusick, James) |
| Filing 381 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #380 Reply to Response to Motion Notice of Filing Under Seal (Kipp, Grace) |
| Filing 380 REPLY to Response to Motion re #363 MOTION to Strike #344 Response in Opposition to Motion, filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) (Additional attachment(s) added on 5/9/2016: #1 Main Document (Unredacted)) (kh, ). |
| Filing 385 CROWE HORWATH LLP'S NOTICE OF FILING REPLY IN SUPPORT OF ITS MOTION TO FILE AN EVIDENTIARY SUPPLEMENT UNDER SEAL re #358 MOTION for Leave to File An Evidentiary Supplement in Support of Its Motion for Summary Judgment (Attachments: #1 Reply in Support, #2 Exhibit A to Reply in Support)(kh, ) |
| Filing 379 RESPONSE in Support re #306 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM a Portion of the FDIC's Third Amended Complaint [Docket 281] filed by PricewaterhouseCoopers LLP. (Tanis, Elizabeth) |
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Filing 378
TEXT ORDER granting Defendant PricewaterhouseCoopers LLP's #355 Motion for Leave to File a Reply Brief. Signed by Chief Judge William Keith Watkins on 4/29/2016. (dmn, ) (NO PDF)
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| MOTION for Leave to take a second Rule 30(b)(6) deposition of PWC by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (no pdf document attached to this entry - see docket entry #375 for pdf)(kh, ) |
| Filing 377 RESPONSE in Opposition re #350 MOTION to Compel Documents and Testimony over which Plaintiffs Assert Privilege Opposition of BancGroup to PwC Motion to Compel Privileged Documents and Testimony filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 376 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Filing of Exhibits Under Seal (Spotswood, Robert) |
| Filing 375 RESPONSE in Opposition re #348 MOTION for Protective Order filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Spotswood, Robert) (Attachment 1 replaced on 4/28/2016) (kh, ). (Attachment 2 replaced on 4/28/2016) (kh, ). |
| Filing 374 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #373 Response in Opposition to Motion, Filing of Exhibits Under Seal (Spotswood, Robert) |
| Filing 373 RESPONSE in Opposition re #350 MOTION to Compel Documents and Testimony over which Plaintiffs Assert Privilege filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit Exhibits 1-5 (filed under seal))(Spotswood, Robert) (Additional attachment(s) added on 4/28/2016: #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2 (Filed Under Seal), #4 3 (Filed Under Seal), #5 4 (Filed Under Seal), #6 5 (Filed Under Seal)) (kh, ). |
| Filing 372 RESPONSE in Opposition re #371 MOTION for Hearing (Telephonic or In-Person) to Discuss Remaining Pretrial Schedule and Trial Date filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Kipp, Grace) |
| Filing 371 MOTION for Hearing (Telephonic or In-Person) to Discuss Remaining Pretrial Schedule and Trial Date by PricewaterhouseCoopers LLP. (Cusick, James) |
| Filing 370 Evidentiary Supplement re #222 MOTION for Summary Judgment and #223 BRIEF/MEMORANDUM in Support filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(kh, ) |
| Filing 369 REPLY BRIEF re #317 MOTION to Dismiss in part The FDIC's Third Amended Complaint filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 368 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #358 MOTION for Leave to File An Evidentiary Supplement in Support of Its Motion for Summary Judgment Notice of filing Response under seal (Kipp, Grace) |
| Filing 367 RESPONSE to Motion re #365 MOTION for Leave to File Reply in Support of Motion for Protective Order, #363 MOTION to Strike #344 Response in Opposition to Motion, filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A-Cusick Declaration)(Dropkin, Drew) |
| Filing 366 NOTICE by Crowe Horwath, LLP (Notice of Unavailability of Stanley J. Parzen) (Parzen, Stanley) |
| Filing 365 MOTION for Leave to File Reply in Support of Motion for Protective Order by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Kipp, Grace) |
| Filing 364 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #363 MOTION to Strike #344 Response in Opposition to Motion, Filing Under Seal (Kipp, Grace) |
| Filing 363 MOTION to Strike #344 Response in Opposition to Motion, by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Kipp, Grace) (Attachment 1 replaced on 4/20/2016) (kh, ). |
| Filing 362 MOTION to Compel Production of Documents from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank or for an Order of Preclusion by Crowe Horwath, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parzen, Stanley) |
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Filing 361
ORDERED that the Defendants' show cause on or before May 2, 2016 why this #360 motion is not due to be granted. Signed by Honorable Judge Terry F. Moorer on 4/18/2016. (kh, )
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| Filing 360 MOTION for Protective Order to Quash Defendants' Rule 30(b)(6) Deposition Notices by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mullin, David) |
| Filing 359 NOTICE by Crowe Horwath, LLP re #358 MOTION for Leave to File An Evidentiary Supplement in Support of Its Motion for Summary Judgment FILING OF EXHIBIT A TO EXHIBIT 1 UNDER SEAL (Anderson, James) |
| Filing 358 MOTION for Leave to File An Evidentiary Supplement in Support of Its Motion for Summary Judgment by Crowe Horwath, LLP. (Attachments: #1 Exhibit 1 (under seal))(Anderson, James) (Attachment 1 replaced on 4/19/2016) (kh, ). |
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Filing 357
ORDER directing Plaintiffs TO SHOW CAUSE as to why the #350 Motion to Compel, filed by PricewaterhouseCoopers LLP should not be granted. Show Cause Response due by 4/27/2016. Signed by Honorable Judge Terry F. Moorer on 4/13/2016. (dmn, )
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Filing 356
ORDER directing Plaintiffs TO SHOW CAUSE as to why the #348 Motion for Protective Order filed by PricewaterhouseCoopers LLP should not be granted. Show Cause Response due by 4/27/2016. Signed by Honorable Judge Terry F. Moorer on 4/13/2016. (dmn, )
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| Filing 355 MOTION for Leave to File Reply Brief In Support of its Motion to Dismiss a Portion of the FDICs Third Amended Complaint by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Tanis, Elizabeth) |
| Filing 354 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank Filing Ex. 1 to Motion for Leave to File a Reply in Support of Motion to Compel, Strike and for Sanctions under seal (Kipp, Grace) |
| Filing 353 MOTION for Leave to File Reply in Support of Motion to Compel, Strike and for Sanctions by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Kipp, Grace) (Attachment 1 replaced on 4/13/2016) (kh, ). |
| Filing 352 BRIEF/MEMORANDUM in Opposition re #318 BRIEF/MEMORANDUM in Support, #317 MOTION to Dismiss in part The FDIC's Third Amended Complaint filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| Filing 351 NOTICE by PricewaterhouseCoopers LLP re #350 MOTION to Compel Documents and Testimony over which Plaintiffs Assert Privilege Filed Under Seal (Moss, Meredith) |
| Filing 350 MOTION to Compel Documents and Testimony over which Plaintiffs Assert Privilege by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Filed Under Seal, #5 Exhibit E, #6 Exhibit F-Filed Under Seal, #7 Exhibit G-Filed Under Seal, #8 Exhibit H-Filed Under Seal, #9 Exhibit I-Filed Under Seal, #10 Exhibit J-Filed Under Seal, #11 Exhibit K-Filed Under Seal, #12 Exhibit L-Filed Under Seal, #13 Exhibit M-Filed Under Seal, #14 Exhibit N-Filed Under Seal)(Moss, Meredith) (Attachment 1-14 replaced on 4/12/2016) (kh, ). Modified on 4/12/2016 to add copies of sealed documents filed conventionally (kh, ). |
| Filing 349 NOTICE by PricewaterhouseCoopers LLP re #348 MOTION for Protective Order Filed Under Seal (Moss, Meredith) |
| Filing 348 MOTION for Protective Order by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A (Filed Under Seal))(Moss, Meredith) |
| Filing 347 RESPONSE in Opposition re #324 MOTION for Protective Order filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Parzen, Stanley) |
| Filing 346 NOTICE by Crowe Horwath, LLP re 338 Order on Motion for Leave to File, (Notice of Filing Response to the FDIC's Evidentiary Supplement Under Seal) (Parzen, Stanley) (Additional attachment(s) added on 4/7/2016: #1 Response to the FDIC's Evidentiary Supplement (Under Seal)) (kh, ). |
| Filing 345 NOTICE by PricewaterhouseCoopers LLP re #344 Response in Opposition to Motion, Filed Under Seal (Dropkin, Drew) |
| Filing 344 RESPONSE in Opposition re #324 MOTION for Protective Order (Redacted and Filed Under Seal) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Filed Under Seal))(Dropkin, Drew) (Additional attachment(s) added on 4/7/2016: #6 Exhibit 5 (Filed Under Seal)) (kh, ). |
| Filing 343 RESPONSE TO ORDER TO SHOW CAUSE by Crowe Horwath, LLP re #327 Order to Show Cause,. (Attachments: #1 Exhibit A)(Parzen, Stanley) |
| Filing 342 NOTICE by PricewaterhouseCoopers LLP re #341 BRIEF/MEMORANDUM in Opposition, Filed Under Seal (Moss, Meredith) |
| Filing 341 BRIEF/MEMORANDUM in Opposition re #326 MOTION to Compel Testimony of Peter Wallace (Redacted and Filed Under Seal) filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B)(Moss, Meredith) (Additional attachment(s) added on 4/7/2016: #3 Exhibit A (Filed Under Seal)) (kh, ). |
| Filing 340 Evidentiary Supplement re #222 MOTION for Summary Judgment and #223 BRIEF/MEMORANDUM in Support filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(kh, ) |
| Filing 339 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re 337 Order on Sealed Motion, Notice of filing under seal (Kipp, Grace) |
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Filing 338
TEXT ORDER granting #335 MOTION for Leave to Respond to the Federal Deposit Insurance Corporation's Evidentiary Supplement up to and including April 6, 2016. Signed by Chief Judge William Keith Watkins on 4/4/2016. (no pdf document attached to this entry)(kh, )
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Filing 337
TEXT ORDER granting #336 Sealed Motion re 333 Motion for Leave to File an Evidentiary Supplement to its Opposition to Crowe Horwath LLP's Motion for Summary Judgment Under Seal by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. Signed by Chief Judge William Keith Watkins on 4/4/2016. (no pdf document attached to this entry)(kh, )
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| Filing 336 SEALED MOTION for Leave to File an Evidentiary Supplement to its #296 SEALED Opposition to Crowe Horwath LLP's #222 Motion for Summary Judgment Under Seal re #333 Notice of Filing, by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit A)(kh, ) Modified on 4/4/2016 to create links to Doc. #296 and #222 . (dmn, ) |
| Filing 335 MOTION for Leave to File Response to the Federal Depost Insurance Corporation's #336 Sealed Motion for Leave to File an Evidentiary Supplement to Crowe's #222 Motion for Summary Judgment by Crowe Horwath, LLP. (Parzen, Stanley) Modified on 4/4/2016 to reflect actual title and create links to Doc. #336 and #222 . (dmn, ) |
| Filing 334 STIPULATION re #122 Scheduling Order, Regarding Depositions by Federal Deposit Insurance Corporation as Receiver for Colonial Bank, PricewaterhouseCoopers LLP, Crowe Horwath, LLP, Kevin O'Halloran, The Colonial BancGroup, Inc. (Turner, John) Modified on 4/4/2016 to clean up text and add additional filers. (dmn, ) |
| Filing 333 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank of Filing #336 Motion Under Seal (Kipp, Grace) Modified on 4/4/2016 to create link to Doc. #336 . (dmn, ) |
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Filing 332
TEXT ORDER granting #329 Motion for Lawrence H. Heftman Leave to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 3/31/2016. (dmn, ) (NO PDF)
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| Filing 331 NOTICE of Correction re #329 Motion to Appear Pro Hac Vice. The original pdf did not contain the attorney's full address, phone number, and bar number. The corrected pdf is attached to this notice. (Attachments: #1 Corrected pdf of Doc. #329 )(dmn, ) |
| Filing 330 Pro Hac Vice Filing fee received for Lawrence H. Heftman re #329 Motion: $ 50.00, receipt number 4602040569 (dmn, ) |
| ***Attorney Lawrence H. Heftman added for Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (dmn, ) (see Doc. #329 ) |
| Filing 329 Motion for Lawrence H. Heftman to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Certificate of Good Standing)(Kipp, Grace) (Main Document 329 replaced on 3/31/2016 due to original pdf did not contain the attorney's full name address, phone number, or bar number.) (dmn, ). Modified on 3/31/2016 (dmn, ). |
| Filing 328 RESPONSE in Opposition re #306 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM a Portion of the FDIC's Third Amended Complaint [Docket 281] filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) |
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Filing 327
ORDER TO SHOW CAUSE by the Dfts as to why the #326 Motion to Compel Testimony of Peter Wallace and to Strike Certain Portions of Wallace's Deposition and for Sanctions should not be granted; Show Cause Response due by 4/6/2016. Signed by Honorable Judge Terry F. Moorer on 3/25/2016. (wcl, )
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| Filing 326 MOTION to Compel Testimony of Peter Wallace by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kipp, Grace) (Additional attachment(s) added on 3/25/2016: #5 Main Document (Redacted) to attach the redacted version of the motion as required in the court's #105 Amended Protective Order) (wcl, ). Modified on 3/25/2016 to SEAL the unredacted version of the motion and Exhibit A as required in the Court's #105 Amended Protective Order)(wcl, ). |
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Filing 325
ORDER directing Defendants TO SHOW CAUSE as to why the #324 Motion for Protective Order filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank should not be granted. Show Cause Response due by 4/6/2016. Signed by Honorable Judge Terry F. Moorer on 3/24/2016. (dmn, )
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| Filing 324 MOTION for Protective Order by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit)(Kipp, Grace) |
| Filing 323 SURREPLY in Support of its [ #296 Opposition to Crowe Horwath LLP's #222 Motion for Summary Judgment filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit)(Kipp, Grace) Modified on 3/17/2016 to create links to Doc. #222 and #296 . (dmn, ) |
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Filing 322
TEXT ORDER granting #321 Motion for Leave to File Surreply. Signed by Chief Judge William Keith Watkins on 3/16/2016. (dmn, ) (NO PDF)
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| Filing 321 MOTION for Leave to File Surreply (Ex. 1) in further support of its #296 Opposition to Defendant Crowe's #222 Motion for Summary Judgment by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit 1)(Kipp, Grace) Modified on 3/16/2016 to create links to Doc. #296 and #222 . (dmn, ) |
| Filing 320 NOTICE of Appearance by Robert David Segall on behalf of Crowe Horwath, LLP (Segall, Robert) |
| Filing 319 PRO HAC VICE Filing fee received for Mark W. Ryan re #178 Motion: $ 50.00, receipt number 4602040402. (dmn, ) |
| Filing 318 BRIEF/MEMORANDUM in Support re #317 MOTION to Dismiss in part The FDIC's Third Amended Complaint filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit Declaration of Stanley Parzen)(Anderson, James) (Additional attachment(s) added on 4/7/2016, certificate was not included in original filing: #2 Certificate of Service) (dmn, ). Modified on 4/7/2016 (dmn, ). |
| Filing 317 MOTION to Dismiss in part The FDIC's #281 Third Amended Complaint by Crowe Horwath, LLP. (Anderson, James) Modified on 3/15/2016 to create link to Doc. #281 . (dmn, ) (Additional attachment(s) added on 4/7/2016, certificate was not included in original filing: #1 Certificate of Service) (dmn, ). Modified on 4/7/2016 (dmn, ). |
| Filing 316 MOTION Request for Oral Argument re #222 MOTION for Summary Judgment Against The Federal Deposit Insurance Corporation, #221 MOTION for Summary Judgment Against The Colonial BancGroup, Inc. and Kevin O'Halloran by Crowe Horwath, LLP. (Anderson, James) |
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Filing 313
TEXT ORDER that the #308 Motion for John G. Turner, III to Appear Pro Hac Vice and #309 Motion for Robert R. Bell to Appear Pro Hac Vice are GRANTED. Signed by Chief Judge William Keith Watkins on 3/7/2016. (dmn, ) (NO PDF)
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| Filing 315 *SEALED* DECLARATION of Justin A. McCarty in Support of Crowe Horwath LLP's Motions for Summary Judgment (Doc. Nos. #221 , #222 ), re #312 Notice of Filing, filed by Crowe Horwath, LLP. (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) (FILED UNDER SEAL pursuant to Court #105 Amended Protective Order)(dmn, ) |
| Filing 314 *SEALED* REPLY BRIEF in Support of its Motions for Summary Judgment (Doc. Nos. #221 , #222 ), filed by Crowe Horwath, LLP, re #312 Notice of Filing. (FILED UNDER SEAL pursuant to Court's #105 Amended Protective Order. (dmn, ) Modified on 3/8/2016 to create link to Doc. #312 . (dmn, ) |
| Filing 312 NOTICE by Crowe Horwath, LLP of Filing #314 Reply Brief in Support of Its Motions For Summary Judgment Under Seal, and #315 Declaration of Justin A. McCarty. (Parzen, Stanley) Modified on 3/8/2016 to create links to Docs. #314 and #315 . (dmn, ) |
| Filing 311 PRO HAC VICE Filing fee received for John G. Turner, III re #308 Motion: $ 50.00, receipt number 4602040276 (dmn, ) |
| Filing 310 PRO HAC VICE Filing fee received for Robert R. Bell re #309 Motion: $ 50.00, receipt number 4602040267 (dmn, ) |
| Filing 309 Motion to Appear Pro Hac Vice for Robert R. Bell by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Bailey, Dennis) Modified on 3/3/2016 to clarify the docket text (wcl, ). |
| Filing 308 Motion to Appear Pro Hac Vice for John G. Turner, III by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Bailey, Dennis) Modified on 3/3/2016 to clarify the docket text (wcl, ). |
| Filing 307 MEMORANDUM OF LAW in Support of #306 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM a Portion of the FDIC's #281 Third Amended Complaint filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit Declaration of Drew Dropkin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Tanis, Elizabeth) Modified on 3/1/2016 to create actual link to Doc. #281 . (dmn, ) |
| Filing 306 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM a Portion of the FDIC's #281 Third Amended Complaint by PricewaterhouseCoopers LLP. (Tanis, Elizabeth) Modified on 3/1/2016 to create actual link to Doc. #281 . (dmn, ) |
| Filing 305 ANSWER to #285 Second Amended Complaint of The Colonial Bancgroup, Inc. and Kevin O'Halloran by PricewaterhouseCoopers LLP. (Moss, Meredith) Modified on 3/1/2016 to reflect actual title and create actual link to Doc. #285 . (dmn, ) |
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Filing 304
ORDER that the #222 Joint Motion for Extension of Time for Defendant Crowe Horwath LLP to Respond and to Answer the FDIC-R's #302 Third Amended Complaint is GRANTED upon the terms agreed to by the parties. Those terms are as follows: (1) Crowe shall file its #281 Motion to Dismiss the FDIC-R's #281 Third Amended Complaint on or before 3/14/2016. (2) Crowes response, if a response is necessary, to the FDIC-Rs claim for breach of contract, Count VIII, is stayed until 14 days after the court rules on Crowes pending #222 Motion for Summary Judgment Against the FDIC-R. (3) Crowe shall file its Answer to the FDIC-Rs Third Amended Complaint no later than 14 days after notice of the courts ruling on Crowes forthcoming Motion to Dismiss. (4) Crowe shall inform the FDIC-R of any additional affirmative defenses it asserts as soon as practicable, but not later than 3/19/2016. Signed by Chief Judge William Keith Watkins on 2/29/2016. (dmn, )
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| Filing 303 ANSWER and Defenses to Colonial Bancgroup and Kevin O'Halloran's #285 Second Amended Complaint by Crowe Horwath, LLP.(Parzen, Stanley) Modified on 3/1/2016 to reflect actual title and create actual link to Doc. #285 . (dmn, ) |
| Filing 302 Joint MOTION for Extension of Time to File Answer re #281 Amended Complaint, by Crowe Horwath, LLP, Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A - [Proposed] Order)(Parzen, Stanley) |
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Filing 301
TEXT ORDER that the #298 Unopposed Motion for Extension of Time to File Reply Brief is granted to and including 3/4/2016. Signed by Chief Judge William Keith Watkins on 2/25/2016. (dmn, ) (NO PDF)
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Filing 300
TEXT ORDER granting #284 Motion for Jonathan Andrew Henry to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 2/25/2016. (dmn, ) (NO PDF)
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Filing 299
ORDER granting #293 Joint Motion for Extension of Time for def PricewaterhouseCoopers LLP to answer Third Amended Complaint upon the terms agreed to by the parties; PwC shall file its Answer to the FDIC-R's Third Amended Complaint no later than 14 days after the date of the court's ruling on PwC's forthcoming Motion to Dismiss; PwC shall inform the FDIC-R of any additional affirmative defenses it asserts as soon as practicable, but not later than 3/19/2016. Signed by Chief Judge William Keith Watkins on 2/23/16. (djy, )
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| Filing 298 MOTION for Extension of Time to File Response/Reply as to #222 MOTION for Summary Judgment Against The Federal Deposit Insurance Corporation, #221 MOTION for Summary Judgment Against The Colonial BancGroup, Inc. and Kevin O'Halloran (Unopposed) by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Parzen, Stanley) |
| Filing 297 **SEALED FILED UNDER SEAL pursuant to Court #105 Order** RESPONSE to Crowe Horwath LLP's #221 MOTION for Summary Judgment filed by Kevin O'Halloran, The Colonial BancGroup, 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)(djy, ) |
| Filing 296 **SEALED FILED UNDER SEAL pursuant to Court #105 Order** OPPOSITION to Crowe Horwath LLP's #222 MOTION for Summary Judgment filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A-declaration of David Mullin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28)(djy, ) Modified on 2/23/2016 (djy, ). |
| Filing 295 NOTICE by Kevin O'Halloran, The Colonial BancGroup, Inc. Notice of Filing Opposition to Crowe Horwath LLP's Motion for Summary Judgment Under Seal (Campbell, Andrew) |
| Filing 294 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #222 MOTION for Summary Judgment Against The Federal Deposit Insurance Corporation, #223 BRIEF/MEMORANDUM in Support,, Notice of Filing Opposition Under Seal (Kipp, Grace) |
| Filing 293 Joint MOTION for Extension of Time to File Answer re #281 Amended Complaint, by Federal Deposit Insurance Corporation as Receiver for Colonial Bank, PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A-Proposed Order)(Moss, Meredith) |
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Filing 292
TEXT ORDER granting #288 Motion for Elizabeth Dees Adler to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 2/17/2016. (dmn, ) (NO PDF)
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| Filing 291 NOTICE OF FILING Third Amended Complaint (Unredacted) UNDER SEAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #281 Third Amended Complaint (Attachments: #1 SEALED Unredacted FDIC'S #281 Third Amended Complaint)(dmn, ) |
| Filing 290 Pro Hac Vice Filing fee received for Elizabeth D. Adler re #288 Motion: $ 50.00, receipt number 4602040018 (dmn, ) |
| Filing 289 PRO HAC VICE Filing fee received for Jonathan Henry re #284 Motion: $ 50.00, receipt number 4602039997 (dmn, ) |
| ***Attorney Elizabeth D. Adler added PRO HAC VICE for PricewaterhouseCoopers LLP. (dmn, )(see Doc. #288 for pdf) |
| Filing 288 Motion for Elizabeth Dees Adler to Appear Pro Hac Vice by PricewaterhouseCoopers LLP (with Declaration in Support, Certificate of Good Standing, and Proposed Order in main document PDF). (Novak, Tabor) Modified on 2/16/2016 to include attachment text. (dmn, ) |
| Filing 287 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on February 10, 2016, in Montgomery, AL before Judge W. Keith Watkins. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/4/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/12/2016. (dmn, ) |
| Filing 286 NOTICE by PricewaterhouseCoopers LLP of Filing Affidavit and Exhibits Under Seal pursuant to Court #267 Order. (Novak, Tabor) Modified on 2/17/2016 to create link to Doc. #267 and add SEALED Affidavit (with exhibits) as attachments. (dmn, ) (Attachment(s) added on 2/17/2016, FILED UNDER SEAL pursuant to Court #105 Order: #1 Affidavit of Brian Fox (SEALED), #2 Exhibit A to Affidavit of Brian Fox (SEALED), #3 Exhibit B to Affidavit of Brian Fox (SEALED), #4 Exhibit C to Affidavit of Brian Fox (SEALED), #5 Exhibit D to Affidavit of Brian Fox (SEALED)) (dmn, ). Modified on 2/17/2016 (dmn, ). |
| SECOND AMENDED COMPLAINT against Crowe Horwath, LLP, PricewaterhouseCoopers LLP, filed by Kevin O'Halloran, The Colonial BancGroup, Inc.(dmn, ) (NO PDF, see Doc. #285 for pdf. The wrong event code was selected when originally filed.) |
| ***Attorney Jonathan Andrew Henry added PRO HAC VICE for PricewaterhouseCoopers LLP. (dmn, ) (see Doc. #284 ) |
| Filing 285 AMENDMENT TO COMPLAINT against Crowe Horwath, LLP, PricewaterhouseCoopers LLP, filed by Kevin O'Halloran, The Colonial BancGroup, Inc. (Campbell, Andrew) Modified on 2/12/2016 to reflect actual title; wrong event code selected when originally filed. (dmn, ) Modified on 3/1/2016 to reflect title as amendment; correct docket entry added. (dmn, ) |
| Filing 284 Motion for Jonathan Andrew Henry to Appear Pro Hac Vice by PricewaterhouseCoopers LLP (with Declaration in Support, Certificate of Good Standing, and Proposed Order in main document PDF). (Novak, Tabor) Modified on 2/12/2016 to include attachment text. (dmn, ) |
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Filing 283
ORDER: Based upon the discussions at the status conference held this date and in light of the recent amendments to the complaints, it is ORDERED that, on or before 2/24/2016, Plaintiffs in these consolidated actions shall tender to Defendants amended Rule 26(a)(1) disclosures. The disclosures shall contain a computation of each category of damages claimed by the party with respect to each claim made by it, and Plaintiffs shall make available for inspection and copying any non-privileged documents or other evidentiary material on which the computations are based and which previously have not been disclosed. Signed by Chief Judge William Keith Watkins on 2/10/2016. (dmn, )
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| Filing 282 Minute Entry for proceedings held before Chief Judge William Keith Watkins: Status Conference held on 2/10/2016 (PDF available for court use only). (Court Reporter Tricia Starkie.) (ajr, ) |
| Filing 281 AMENDED COMPLAINT (THIRD AMENDED) against All Defendants, filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank.(Mullin, David) (see Doc. #291 for Unredacted SEALED Copy of Third Amended Complaint) Modified on 2/19/2016 to create link to Doc. #291 . (dmn, ) |
| Filing 280 RESPONSE to the FDIC's #248 Reply in Support of its #249 MOTION for Leave to File Third Amended Complaint by #277 Order of Court dated February 9, 2016, filed by PricewaterhouseCoopers LLP. (Moss, Meredith) Modified on 2/10/2016 to reflect actual title and create actual link to Doc. #248 . (dmn, ) |
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Filing 279
ORDER that the FDIC'R's #225 Motion for Leave to File Third Amended Complaint, as subsequently corrected (Doc. #242 ), is GRANTED. The FDIC-R is DIRECTED to file electronically a duplicate of the Third Amended Complaint (Doc. #225 -1) in accordance with the Middle District of Alabama's Administrative Procedures for civil cases. Signed by Chief Judge William Keith Watkins on 2/9/2016. (dmn, )
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Filing 278
ORDER that the #226 Motion to File Second Amended Complaint filed by The Colonial BancGroup, Inc., and Kevin O'Halloran is GRANTED. Plaintiffs are DIRECTEDto file electronically a duplicate of the Second Amended Complaint (Doc. #226 , at 7) in accordance with the Middle District of Alabama's Administrative Procedures for civil cases. Signed by Chief Judge William Keith Watkins on 2/9/2016. (dmn, )
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Filing 277
ORDER that Defendant PricewaterhouseCoopers LLP's #249 Motion to Permit Filing of Response is GRANTED. PwC is DIRECTED to file electronically a duplicate of the Response (Doc. #249 -1) in accordance with the Middle District of Alabamas Administrative Procedures for civil cases. It is further ORDERED that the #255 Motion for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint is GRANTED over the objection of Crowe Horwath LLP (Crowe) (Doc. #257 ). Plaintiffs The Colonial BancGroup, Inc., and Kevin OHalloran are DIRECTED to file electronically a duplicate of the Reply (Doc. #255 , at 5) in accordance with the Middle District of Alabamas Administrative Procedures for civil cases. It is further ORDERED that Crowes #258 Motion for Leave to File a Surreply or for a Hearing on FDICs Motion to Amend or, Alternatively, to Not Consider the FDICs New Arguments is DENIED. Signed by Chief Judge William Keith Watkins on 2/9/2016. (dmn, )
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Filing 276
TEXT ORDER granting #273 Motion for Antonoio Eugene Lewis to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 2/2/2016. (dmn, ) (NO PDF)
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| Filing 275 Pro Hac Vice Filing fee for Antonio E. Lewis re #273 Motion: $ 50.00, receipt number 4602039822 (dmn, ) |
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Filing 274
TEXT ORDER granting #271 Motion for Tully T. Blalock to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 1/29/2016. (dmn, ) (NO PDF)
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| Filing 273 Motion for Antonio Eugene Lewis to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 1/29/2016 to add attorney name requesting appearance. (dmn, ) |
| ***Attorney Antonio Eugene Lewis added Pro Hac Vice for PricewaterhouseCoopers LLP. (dmn, ) (see Doc. #273 for pdf) |
| ***Attorney Tully T. Blalock added Pro Hac Vice for PricewaterhouseCoopers LLP. (dmn, ) (see Doc. #271 for pdf) |
| Filing 272 Pro Hac Vice Filing fee received for Tully T. Blalock re #271 Motion: $ 50.00, receipt number 4602039815 (dmn, ) |
| Filing 271 Motion for Tully T. Blalock to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) Modified on 1/29/2016 to include attorney name requesting appearance. (dmn, ) |
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Filing 270
TEXT ORDER granting #269 Motion for Leslie M. Bassett to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 1/27/2016. (dmn, ) (NO PDF)
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| Filing 268 Redaction re #191 Transcript (djy, ) |
| Filing 269 Motion for Leslie M. Bassett to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602039773.) by PricewaterhouseCoopers LLP. (Attachments: #1 declaration, #2 certificate of good standing, #3 Text of Proposed Order, #4 fee receipt)(djy, ) |
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Filing 267
ORDER that the #209 Motion to Compel is GRANTED subject to the specific DIRECTIONS of the Court as further set out in the order. PWC is ORDERED and DIRECTED to provide to the FDIC and to file with the Court on or before 2/12/2016 a sworn affidavit as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 1/22/2016. (dmn, )
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| Filing 266 REPLY to PwC's #229 Response to #209 Motion to Compel Production of Documents from Pricewaterhouse Coopers LLP and Brief in Support Thereof filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) Modified on 1/19/2016 to create link to Doc. #229 . (dmn, ) |
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Filing 265
ORDER that Plaintiff's #247 Motion for Leave to File a Reply to PwC's response to Plaintiff's Motion to Compel be and hereby is GRANTED. Signed by Honorable Judge Terry F. Moorer on 1/13/2016. (dmn, )
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Filing 264
ORDER that the #244 Motion for Partial Modification of 12/15/2015 #241 Order Modifying the #122 Uniform Scheduling Order be and is hereby DENIED as Moot as to Crowe's motion concerning the date for responses to its motions for summary judgment. Indeed, the parties are ADVISED that the 2/19/2016 deadline for responding to Crowe's pending summary judgment motions remains unchanged. Further is is ORDERED that the #244 Motion be and hereby is DENIED in all other respects as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 1/12/2016. (dmn, )
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Filing 263
ORDER that the #250 Motion for Entry of Additional Protective Order be and hereby is DENIED. The parties are ADVISED that the Court has upon reconsideration determined that the #105 Amended Protective Order, which generally governs production of documents in this case, sets forth sufficient procedures for production of CONFIDENTIAL Material. It is further ORDERED that the discovery required by this Court's 12/14/2015 #240 Order shall be produced in accordance with that #240 Order and its production shall be governed by the #105 Amended Protective Order. Signed by Honorable Judge Terry F. Moorer on 1/7/2016. (dmn, )
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| Filing 262 REPLY to Response to Motion re #250 MOTION for Protective Order filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Anderson, James) |
| Filing 261 REPLY to Response to Motion re #244 MOTION to Modify re #241 Order, Terminate Motions, Set Scheduling Order Deadlines,,,,,,,,, filed by Crowe Horwath, LLP. (Anderson, James) |
| Filing 260 RESPONSE to Motion re #250 MOTION for Protective Order filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Turner, John) |
| Filing 259 RESPONSE in Opposition re #258 MOTION for Leave to File Surreply in Response to FDIC's Reply (Doc. 248) or for Hearing filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Kipp, Grace) |
| MOTION to Hold a Hearing on FDIC's Motion to Amend, or alternatively, MOTION to Not Consider the FDIC's New Arguments by Crowe Horwath, LLP. (dmn, ) (NO PDF, see Doc. #258 for pdf.) |
| Filing 258 MOTION for Leave to File Surreply in Response to FDIC's Reply (Doc. 248) or for Hearing by Crowe Horwath, LLP. (Anderson, James) |
| Filing 257 RESPONSE to Motion re #255 MOTION for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint filed by Crowe Horwath, LLP. (Parzen, Stanley) |
| Filing 255 MOTION for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) Modified on 12/30/2015 to clarify text to reflect that Exhibit A is contained within main PDF document (qc/djy, ). |
| Filing 256 Notice of filing exhibits under seal re #248 Reply to Response to Motion, filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 SEALED Exhibit 7, #2 SEALED Exhibit 8, #3 SEALED Exhibit 9, #4 SEALED Exhibit 10)(djy, ). (Additional attachment(s) added on 1/5/2016 to include original signature: #5 Notice of Filing Exhibits Under Seal with Original Signature) (dmn, ). Modified on 1/5/2016 (dmn, ). |
| Filing 254 RESPONSE to Motion re #244 MOTION to Modify re #241 Order, Terminate Motions, Set Scheduling Order Deadlines,,,,,,,,, Response of the Colonial BancGroup, Inc. and Kevin O'Halloran to Motion of Crowe Horwath LLP for Partial Modification of December 15, 2015 Order Modifying the Uniform Scheduling Order filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Campbell, Andrew) |
| Filing 253 RESPONSE to Motion re #244 MOTION to Modify re #241 Order, Terminate Motions, Set Scheduling Order Deadlines,,,,,,,,, filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kipp, Grace) |
| Filing 252 RESPONSE to Motion re #244 MOTION to Modify re #241 Order, Terminate Motions, Set Scheduling Order Deadlines,,,,,,,,, filed by PricewaterhouseCoopers LLP. (Moss, Meredith) |
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Filing 251
ORDER directing the Plaintiffs TO SHOW CAUSE as to why the #250 Motion for Protective Order filed by Crowe Horwath, LLP should not be granted. Show Cause Response due by 1/4/2016. Signed by Honorable Judge Terry F. Moorer on 12/23/2015. (dmn, )
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| Filing 250 MOTION for Entry of Additional Protective Order by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Anderson, James) Modified on 12/23/2015 to reflect actual title. (dmn, ) |
| Filing 249 MOTION to Permit Filing of Response to FDIC-R Reply in Support of Motion for Leave to File Third Amended Complaint Doc. #248 by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Moss, Meredith) Modified on 12/23/2015 to create actual link to Doc. #248 and clean up text. (dmn, ) |
| Filing 248 REPLY in Support of #225 MOTION for Leave to File FDIC-R's Third Amended Complaint filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Mullin, David) Modified on 12/22/2015 to reflect actual title. (dmn, ) |
| Filing 247 MOTION for Leave to File Reply to PwC's #229 Response to the FDIC's #209 Motion to Compel by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Mullin, David) Modified on 12/21/2015 to create link to Doc. #209 and #229 . (dmn, ) |
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Filing 246
ORDER directing Defendant PricewaterhouseCoopers LLP and Plaintiffs TO SHOW CAUSE as to why the #244 Motion for Partial Modification of the 12/15/2015 Order Modifying the Uniform Scheduling Order filed by Crowe Horwath, LLP is not due to be granted. Show Cause Response due by 12/28/2015. Signed by Honorable Judge Terry F. Moorer on 12/17/2015. (dmn, )
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Filing 245
TEXT ORDER that the #243 Motion for Leave to File Reply Brief is GRANTED and that Plaintiff is GRANTED to and including 12/21/2015, to file the requested reply brief. Signed by Chief Judge William Keith Watkins on 12/16/2015. (dmn, ) (NO PDF)
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| Filing 244 MOTION for Partial Modification of 12/15/2015 #241 Order Modifying the #122 Uniform Scheduling Order by Crowe Horwath, LLP. (Anderson, James) Modified on 12/16/2015 to reflect actual title and create link to Doc. #122 . (dmn, ) |
| Filing 243 MOTION for Leave to File Reply Brief to Crowe Horwath LLP's #238 Response to the FDIC's #225 Motion for Leave to File Third Amended Complaint by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Spotswood, Robert) Modified on 12/16/2015 to create links to Doc. #238 and #225 . (dmn, ) |
| Filing 242 CORRECTION by Federal Deposit Insurance Corporation as Receiver for Colonial Bank to its #225 MOTION for Leave to File/Amend FDIC-R's Third Amended Complaint of Correction to Motion (Mullin, David) Modified on 12/16/2015 to reflect actual title. (dmn, ) |
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Filing 241
ORDER that the #234 Motion to Extend Deadlines be and hereby is GRANTED and the Court's #122 Uniform Scheduling Order entered 1/22/2015 be and hereby is AMENDED as follows: Section 6. Fact Discovery shall conclude 4/19/2016; Expert Depositions shall commence 7/20/2016 and conclude 8/19/2016 (no change in conclusion date). Section 7. Plaintiffs' expert reports shall be due on or before 5/17/2016; Defendants' expert reports shall be due on or before 6/30/2016; Rebuttal reports shall be due on or before 7/15/2016. Section 2. Dispositive motions and daubert motions shall be filed no later than 9/2/2016. The remaining deadlines in the Uniform Scheduling Order shall remain unchanged. Signed by Honorable Judge Terry F. Moorer on 12/15/2015. (dmn, )
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Filing 240
ORDER that the #160 Motion to Compel be GRANTED subject to the direction of the Court as further set out in the order. It is further ORDERED that on or before 12/23/2015, the parties shall file with the Court a mutually agreed upon Protective Order, the terms of which will govern the production of this information, its use during trial and its retention, destruction or return following trial. Signed by Honorable Judge Terry F. Moorer on 12/14/2015. (dmn, )
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| Filing 239 RESPONSE in Opposition re #226 MOTION to Amend/Correct #28 Amended Complaint Motion of Colonial BancGroup and Kevin O'Halloran for Leave to File Second Amended Complaint filed by Crowe Horwath, LLP. (Anderson, James) |
| Filing 238 RESPONSE in Opposition re #225 MOTION for Leave to File FDIC-R's Third Amended Complaint filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin A. McCarty)(Anderson, James) |
| Filing 237 RESPONSE to Motion re #225 MOTION for Leave to File FDIC-R's Third Amended Complaint filed by PricewaterhouseCoopers LLP. (Moss, Meredith) |
| Filing 236 RESPONSE to Motion re #226 MOTION to Amend/Correct #28 Amended Complaint Motion of Colonial BancGroup and Kevin O'Halloran for Leave to File Second Amended Complaint filed by PricewaterhouseCoopers LLP. (Moss, Meredith) |
| Filing 235 NOTICE of Correction re Proposed Order filed with the #234 MOTION for Extension of Deadline Certain Discovery Deadlines re #122 Scheduling Order. The original pdf of the proposed order contained a typographical error. The corrected pdf of the Proposed Order is attached to this notice. (Attachments: #1 Corrected Proposed Order filed as an attachment to Doc. #234 )(dmn, ) |
| Filing 234 MOTION for Extension of Certain Discovery and Motion Deadlines re #122 Scheduling Order, by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order Proposed Order)(Moss, Meredith) (Attachment 1 replaced on 12/10/2015 due to original pdf contained typographical errors.) (dmn, ). Modified on 12/10/2015 (dmn, ). |
| Filing 233 NOTICE OF FILING PROPOSED THIRD AMENDED COMPLAINT UNDER SEAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #225 Motion for Leave to File FDIC-R's Third Amended Complaint. (Attachments: #1 Exhibit A (Unredacted) to Doc. #225 , Third Amended Complaint (FILED UNDER SEAL))(dmn, ) |
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Filing 232
ORDER granting in part and denying in part FDIC's #167 Motion to Compel, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 12/4/15. (djy, )
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Filing 231
ORDERED that Dfts shall show cause on or before 12/11/2015, why the #225 Motion for Leave to File Third Amended Complaint should not be granted. Signed by Chief Judge William Keith Watkins on 12/4/2015. (wcl, )
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| Filing 230 NOTICE by PricewaterhouseCoopers LLP re #229 Response in Opposition to Motion, of Filing Under Seal (Moss, Meredith) |
| Filing 229 RESPONSE in Opposition re #209 MOTION to Compel Production of Documents from Pricewaterhouse Coopers LLP and Brief in Support Thereof filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A filed under seal, #2 Exhibit B, #3 Exhibit C filed under seal, #4 Exhibit D filed under seal)(Moss, Meredith) (Additional attachment(s) added on 12/8/2015: #5 Exhibit A Under Seal, #6 Exhibit C Under Seal, #7 Exhibit D Under Seal) (kh, ). |
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Filing 228
ORDER: Upon consideration of Defendant's #184 Motion for Leave to File a Sur-Reply to FDIC Response to Motion to Compel and Plaintiff's #187 Opposition to Defendant's Motion, it is ORDERED after due consideration and for good cause shown that the Motion for Leave to File a Sur-Reply be and hereby is GRANTED. Signed by Honorable Judge Terry F. Moorer on 12/3/2015. (dmn, )
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Filing 227
ORDER directing Defendants TO SHOW CAUSE as to why the #226 Motion for Leave to File Second Amended Complaint filed by The Colonial BancGroup, Inc., and Kevin O'Halloran should not be granted. Show Cause Response due by 12/11/2015.Signed by Chief Judge William Keith Watkins on 12/2/2015. (dmn, )
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| ***Attorney Stephen D Wadsworth added for Kevin O'Halloran, and The Colonial BancGroup, Inc. (dmn, ) (see Doc. #226 for pdf) |
| Filing 226 MOTION to Amend #28 Amended Complaint Motion of Colonial BancGroup and Kevin O'Halloran for Leave to File Second Amended Complaint by Kevin O'Halloran, The Colonial BancGroup, Inc. (Dorsey, Rufus) |
| Filing 225 MOTION for Leave to File FDIC-R's Third Amended Complaint by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, Redacted; Exhibit A, Unredacted (filed conventionally UNDER SEAL, see Doc. #233 ), #2 Exhibit B)(Mullin, David) Modified on 12/1/2015 to reflect Exhibit A is filed under seal. (dmn, ) Modified on 12/8/2015 to include link to document that contains the unredacted pdf of Exhibit A. (dmn, ) |
| Filing 224 NOTICE of Filing Exhibits 10, 11, 12, 13, and 14 Under SEAL re #223 BRIEF/MEMORANDUM in Support of Motions for Summary Judgment (Doc. #221 and #222 ), by Crowe Horwath, LLP. (Anderson, James) Modified on 12/1/2015 to include additional text re SEALED exhibits. Exhibits filed conventionally UNDER SEAL pursuant to #105 Amended Protective Order and attached to Doc. #223 . (dmn, ) |
| Filing 223 BRIEF/MEMORANDUM in Support of #222 MOTION for Summary Judgment Against The Federal Deposit Insurance Corporation, and #221 MOTION for Summary Judgment Against The Colonial BancGroup, Inc. and Kevin O'Halloran filed by Crowe Horwath, LLP. (Attachments: #1 Declaration of Justin A. McCarty with Exhibits 1-15 (Exhibits 10, 11, 12, 13, 14 FILED CONVENTIONALLY UNDER SEAL, see Doc. #224 ))(Anderson, James) Modified on 12/1/2015 to include text regarding SEALED exhibits. (dmn, ) (Additional attachment(s) added on 12/1/2015: #2 Exhibit 10 filed UNDER SEAL, #3 Exhibit 11 filed UNDER SEAL, #4 Exhibit 12 filed UNDER SEAL, #5 Exhibit 13 filed UNDER SEAL, #6 Exhibit 14 filed UNDER SEAL) (dmn, ) |
| Filing 222 MOTION for Summary Judgment Against The Federal Deposit Insurance Corporation by Crowe Horwath, LLP. (Anderson, James) |
| Filing 221 MOTION for Summary Judgment Against The Colonial BancGroup, Inc. and Kevin O'Halloran by Crowe Horwath, LLP. (Anderson, James) |
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Filing 220
ORDER that the #219 SEALED Motion to Partially Seal Hearing #191 Transcript is granted. The Clerk of Court is DIRECTED to seal the #191 Transcript of the 10/21/2015, motion hearings before the Magistrate Judge. The Court Reporter is DIRECTED to file on 1/25/2016, a publicly-available copy of the transcript with the matters referenced in the #219 SEALED motion redacted. Signed by Chief Judge William Keith Watkins on 11/25/2015. Copy to Court Reporters. (dmn, )
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| Filing 219 *SEALED* MOTION to Partially Seal Hearing #191 Transcript by Crowe Horwath, LLP. (dmn, ) |
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Filing 218
ORDER that the Status Conference set in the #122 Uniform Scheduling Order is SET for 10:30 AM on 2/10/2016 in Courtroom 2-B in Montgomery, Alabama before Chief Judge William Keith Watkins. The Clerk of the Court is DIRECTED to provide a court reporter for the status conference. Signed by Chief Judge William Keith Watkins on 11/24/2015. Copies furnished to calendar group, AR. (dmn, )
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Filing 217
ORDER as follows: (1) Crowe's #185 Motion to File Additional Summary Judgment Motions is GRANTED. (2) Crowe shall file its summary judgment motions and evidentiary submission, which are appended to Document No. #185 , on or before 11/30/2015. (3) Plaintiffs shall file responses to the motions on or before 2/19/2016. (4) Crowe's reply brief, if any, shall be filed 7 days after the date the response is filed. (5) Discovery will not be stayed during the pendency of the motions for summary judgment. (6) Briefs in support of or in opposition to any motion generally should not exceed 25 pages. If a brief exceeds 25 pages, counsel must include a table of contents as further set out in the order. Additionally, for briefs exceeding 25 pages, the filing party shall submit to chambers a paper courtesy copy bound in a three-ring binder and tabbed. If a brief and attachments or exhibits together exceed 25 pages, the filing party shall submit to chambers a paper courtesy copy, double sided, tabbed, and bound in a three-ring binder. (7) There is no requirement that courtesy copies be delivered to chambers by the due date; courtesy copies may be mailed or shipped to chambers on the day they are due. (8) Any discussion of evidence in a brief must include specific reference as further set out in the order. Signed by Chief Judge William Keith Watkins on 11/24/2015. (dmn, )
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| Filing 216 REPLY to Response to Motion re #185 MOTION for Leave to File Additional Summary Judgment Motions filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit Declaration of Jonathan C. Medow)(Anderson, James) |
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Filing 215
ORDER that the #197 Motion to Extend the Duration of Depositions be GRANTED in part and DENIED in part as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 11/17/2015. (dmn, )
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| Filing 214 NOTICE of Filing Exhibits Under SEAL re #209 MOTION to Compel Production of Documents from Pricewaterhouse Coopers LLP and Brief in Support Thereof by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit L (FILED UNDER SEAL), #2 Exhibit N (FILED UNDER SEAL), #3 Exhibit P (FILED UNDER SEAL)) (Exhibits filed under seal pursuant to #105 Amended Protective Order)(dmn, ) |
| Filing 213 NOTICE of Appearance by Michael Todd Sansbury on behalf of Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Sansbury, Michael) |
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Filing 212
ORDER that Defendant PricewaterhouseCoopers LLP's #202 Unopposed Motion for Order to Allow the Taking of the Deposition of Inmate Catherine Kissick is GRANTED. PwC and the other parties are hereby granted leave to take Catherine Kissick (BOP Registration No.77945-083) deposition at FCI Marianna, 3625 FCI Road, Marianna Florida 32446 January 19 and 20, 2016 or such other dates as the Warden of FCI Marianna will make her available. Signed by Honorable Judge Terry F. Moorer on 11/16/2015. (dmn, )
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Filing 211
ORDER that Defendant PricewaterhouseCoopers LLP's #205 Unopposed Motion for Order to Allow the Taking of the Deposition of Inmate Desiree Brown is hereby GRANTED. PwC and the other parties are hereby granted leave to take Desiree Browns (BOP Registration No. 77923-083) deposition at Coleman Medium FCI on January 27 and 28, 2016 or such other dates as the Warden of Coleman Medium FCI will make her available. Signed by Honorable Judge Terry F. Moorer on 11/16/2015. (dmn, )
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Filing 210
ORDER directing Defendants TO SHOW CAUSE as to why the Plaintiffs' #209 Motion to Compel should not be granted. Show Cause Response due by 12/4/2015. Signed by Honorable Judge Terry F. Moorer on 11/16/2015. (dmn, )
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| Filing 209 MOTION to Compel Production of Documents from Pricewaterhouse Coopers LLP and Brief in Support Thereof by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (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 (filed conventionally UNDER SEAL), #13 Exhibit M, #14 Exhibit N (filed conventionally UNDER SEAL), #15 Exhibit O, #16 Exhibit P (filed conventionally UNDER SEAL), #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Turner, John) Modified on 11/17/2015 (dmn, ). (Attachment 12, 14, and 16 replaced on 11/17/2015, SEALED exhibit filed conventionally added to docket entry.) (dmn, ) |
| Filing 208 NOTICE of Appearance by Robert Keeling Spotswood on behalf of Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Spotswood, Robert) |
| Filing 207 NOTICE of Appearance by Grace Long Kipp on behalf of Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Kipp, Grace) |
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Filing 206
ORDER: Upon consideration of Defendant Crowe Horwath LLP's #185 Motion to File Additional Summary Judgment Motions, and the Colonial BancGroup, Inc.'s #201 Response, it is ORDERED that Defendant is permitted to file a reply brief on or before 11/17/2015. Signed by Chief Judge William Keith Watkins on 11/10/2015. (dmn, )
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| Filing 205 MOTION for Order (unopposed) to Allow the Taking of the Deposition of Inmate Desiree Brown by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Moss, Meredith) |
| Filing 204 RESPONSE to Motion re #197 MOTION Extend the Duration of Depositions Pursuant to Federal Rule of Civil Procedure 30(d)(1) filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A)(Parzen, Stanley) |
| Filing 203 RESPONSE in Opposition re #197 MOTION Extend the Duration of Depositions Pursuant to Federal Rule of Civil Procedure 30(d)(1) filed by PricewaterhouseCoopers LLP. (Moss, Meredith) |
| Filing 202 MOTION for Order (Unopposed) to Allow the Taking of the Deposition of Inmate Catherine Kissick by PricewaterhouseCoopers LLP. (Attachments: #1 Text of Proposed Order)(Moss, Meredith) |
| Filing 201 RESPONSE in Opposition re #185 MOTION for Leave to File Additional Summary Judgment Motions CBG's Response to Crowe's Motion to File Additional Summary Judgment Motions filed by Kevin O'Halloran, The Colonial BancGroup, Inc.. (Dorsey, Rufus) |
| Filing 200 RESPONSE to Motion re #185 MOTION for Leave to File Additional Summary Judgment Motions filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) |
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Filing 199
ORDER directing the Defendants TO SHOW CAUSE as to why the #197 Motion to Extend the Duration of Depositions pursuant to FRCP 30(d) filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank should not be granted. Show Cause Response due by 11/9/2015. Signed by Honorable Judge Terry F. Moorer on 11/2/2015. (dmn, )
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| Filing 198 NOTICE of Filing Exhibit Under Seal by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #197 MOTION to Extend the Duration of Depositions Pursuant to Federal Rule of Civil Procedure 30(d)(1). (Mullin, David) (Attachment(s) added on 11/4/2015 (filed conventionally): #1 Exhibit A, FILED UNDER SEAL) (dmn, ). Modified on 11/4/2015 (dmn, ). |
| Filing 197 MOTION Extend the Duration of Depositions Pursuant to Federal Rule of Civil Procedure 30(d)(1) by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mullin, David) |
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Filing 196
ORDER that the #178 Motion for Pro Hac Vice Admission of Mark W. Ryan, Esq. is GRANTED. Signed by Chief Judge William Keith Watkins on 10/30/2015. (dmn, )
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Filing 195
ORDER: The #193 Order entered this date denying without prejudice the Motion for Pro Hac Vice Admission of Mark W. Ryan, Esq. is VACATED. Signed by Chief Judge William Keith Watkins on 10/29/2015. (dmn, )
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Filing 194
ORDER: Upon consideration of Defendant Crowe Horwath LLP's #185 Motion to File Additional Summary Judgment Motions, it is ORDERED that Plaintiff file a response to the motion on or before 11/6/2015. Signed by Chief Judge William Keith Watkins on 10/29/2015. (dmn, )
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Filing 193
[VACATED PURSUANT TO COURT #195 ORDER.] ORDER that the #178 Motion for Pro Hac Vice Admission of Mark W. Ryan is DENIED without prejudice as further set out in the order. Signed by Chief Judge William Keith Watkins on 10/29/2015. (dmn, ) Modified on 10/29/2015 (dmn, ).
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| Filing 192 Notice of Mediation and Settlement Conference by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Turner, John) |
| Filing 191 **SEALED**NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on October 21, 2015, before Judge Terry F. Moorer. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. 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. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/16/2015. Redacted Transcript Deadline set for 11/25/2015. Release of Transcript Restriction set for 1/25/2016. (dmn, ) Modified on 12/1/2015 to SEAL pursuant to #220 ORDER (qc/djy, ). |
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Filing 190
TEXT ORDER granting #188 Motion for Matthew Ford to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 10/22/2015. (dmn, ) (NO PDF)
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| *** Attorney Matthew Jason Ford terminated pursuant to Text Order (Doc. 190). (dmn, ) |
| Filing 189 Minute Entry for Motion Hearings re: #160 and #167 Motions to Compel before Honorable Judge Terry F. Moorer held on 10/21/2015 (PDF available for court use only). (Recording Time 10:11-1:30.) (cb, ) |
| Filing 188 MOTION to Withdraw as Attorney by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Ford, Matthew) |
| Filing 187 RESPONSE in Opposition re #184 MOTION for Leave to File Sur-Reply to FDIC Response to Motion to Compel filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) |
| Filing 186 NOTICE of Filing Exhibits 10, 11, 12, 13, and 14 (UNDER SEAL) to Exhibit D filed as an attachment to Doc. #185 Motion for Leave to File Additional Summary Judgment Motions by Crowe Horwath, LLP. (Anderson, James) (Attachment(s) received in the Clerk's office conventionally on 10/14/2015 and added on 10/16/2015, filed UNDER SEAL pursuant to #105 Protective Order: #1 Exhibit 10 to Doc. #185 filed UNDER SEAL, #2 Exhibit 11 to Doc. #185 filed UNDER SEAL, #3 Exhibit 12 to Doc. #185 filed UNDER SEAL, #4 Exhibit 13 to Doc. #185 filed UNDER SEAL, #5 Exhibit 14 to Doc. #185 filed UNDER SEAL) (dmn, ). Modified on 10/16/2015 to add SEALED exhibits received conventionally in the Clerk's office on 10/14/2015 to the docket entry. (dmn, ) |
| Filing 185 MOTION for Leave to File Additional Summary Judgment Motions by Crowe Horwath, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (exhibits 10, 11, 12, 13, and 14 filed UNDER SEAL conventionally in the Clerk's office pursuant to #105 Protective Order, see Doc. #186 for pdfs of sealed exhibits)(Anderson, James) (Attachment 3 replaced on 10/15/2015) (kh, ). Modified on 10/16/2015 to reflect that Exhibits 10-14 to Exhibit D were filed UNDER SEAL conventionally in the Clerk's office.) (dmn, ) |
| Filing 184 MOTION for Leave to File Sur-Reply to FDIC Response to Motion to Compel by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Moss, Meredith) |
| Filing 183 NOTICE OF FILING EXHIBIT F to #179 Reply UNDER SEAL by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit F to Doc. #179 Reply, FILED UNDER SEAL pursuant to #105 Amended Protective Order)(dmn, ) |
| Filing 182 NOTICE of Appearance by John Evans Bailey on behalf of Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Bailey, John) |
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Filing 181
ORDER that the Motions for Hearing on the Motions to Compel (Docs. #174 and #176 ) be and are hereby GRANTED and that a hearing (motion hearing) on these Motions be and hereby is set for Wednesday, 10/21/2015 at 10:00 am in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. Signed by Honorable Judge Terry F. Moorer on 10/1/2015. Copies furnished to calendar group, CB.(dmn, )
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| Filing 180 RESPONSE to #176 Request for Oral Argument on #167 MOTION to Compel the Production of Documents from PWC and Brief in Support Thereof filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Turner, John) Modified on 10/1/2015to reflect actual title. (dmn, ) |
| Filing 179 REPLY to PWC's #175 Response to the FDIC-R's #167 MOTION to Compel the Production of Documents from PWC and Brief in Support Thereof filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - Under Seal, #7 Exhibit G, #8 Exhibit H)(Turner, John) Modified on 10/1/2015 to create link to Doc. #175 . (dmn, ) |
| ***Attorney Mark W. Ryan added PRO HAC VICE for Crowe Horwath, LLP. (dmn, ) (see Doc. #178 for pdf) |
| Filing 178 Motion for Mark W. Ryan to Appear Pro Hac Vice by Crowe Horwath, LLP. (Attachments: #1 Exhibit Certificate of Good Standing)(Anderson, James) Modified on 9/28/2015 to add attorney name requesting appearance. (dmn, ) (Additional attachment(s) added on 10/7/2015: #2 Correct Certificate of Good Standing) (dmn, ). |
| Filing 177 RESPONSE to Motion re #174 MOTION for Hearing re #160 MOTION to Compel and Brief in Support (Oral Argument) filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Turner, John) |
| Filing 176 REQUEST for Oral Argument on the FDIC's #167 MOTION to Compel the Production of Documents from PWC and Brief in Support Thereof by PricewaterhouseCoopers LLP. (Moss, Meredith) Modified on 10/1/2015 to reflect actual title. (dmn, ) |
| Filing 175 RESPONSE in Opposition re #167 MOTION to Compel the Production of Documents from PWC and Brief in Support Thereof filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moss, Meredith) |
| Filing 174 MOTION for Hearing re #160 MOTION to Compel and Brief in Support (Oral Argument) by Crowe Horwath, LLP. (Anderson, James) |
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Filing 173
TEXT ORDER granting #170 Motion for James P. Cusick to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 8/28/2015. (dmn, ) (NO PDF)
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Filing 172
TEXT ORDER granting #169 Motion for James P. Cusick to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 8/28/2015. (dmn, ) (NO PDF)
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| Filing 171 REPLY in Support of #160 MOTION to Compel and Brief in Support filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit) (SEALED pursuant to #105 Protective Order) (Mullin, David) Modified on 8/28/2015 to SEAL per attorney instruction. (dmn, ) |
| Filing 169 Motion to Appear Pro Hac Vice by PricewaterhouseCoopers LLP. (Novak, Tabor) |
| Filing 170 Motion for James P. Cusick to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602038108.) by PricewaterhouseCoopers LLP. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Declaration in Support of Motion to Appear Pro Hac Vice, #4 Pro Hac Vice Filing Fee Receipt)(dmn, ) |
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Filing 168
ORDER directing Defendant Pricewaterhouse Coopers LLP TO SHOW CAUSE as to why the #167 Motion to Compel, filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank should not be granted. Show Cause Response due by 9/10/2015. Signed by Honorable Judge Terry F. Moorer on 8/27/2015. (dmn, )
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| Filing 167 MOTION to Compel the Production of Documents from PWC and Brief in Support Thereof by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (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 (SEALED pursuant to #105 Protective Order)(Mullin, David) Modified on 8/27/2015 to SEAL Exhibit I per instruction of counsel. (dmn, ) |
| BRIEF/MEMORANDUM in Support of #167 Motion to Compel the Production of Documents from PWC filed by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (dmn, ) (NO PDF, see Doc. #167 ) |
| Filing 166 RESPONSE to Motion re #160 MOTION to Compel and Brief in Support of the Federal Deposit Insurance Corporation as Receiver For Colonial Bank. filed by Crowe Horwath, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Stanley J. Parzen, #4 Declaration of Ernst Michael Thomas, #5 Declaration of Michael Yates, #6 Declaration of Lisa Roen)(Parzen, Stanley) |
| Filing 165 PRO HAC VICE Filing fee received for Justin A. McCarty re #163 Motion: $ 50.00, receipt number 4602037893 (dmn, ) |
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Filing 164
TEXT ORDER granting #163 Motion for Justin A. McCarty to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 8/6/2015. (dmn, ) (NO PDF)
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| Filing 163 Motion for Justin A. McCarty to Appear Pro Hac Vice by Crowe Horwath, LLP. (Attachments: #1 Appendix Certificate of Good Standing)(Anderson, James) Modified on 8/6/2015 to add attorney requesting appearance. (dmn, ) |
| ***Attorney Justin Adam McCarty added PRO HAC VICE for Crowe Horwath, LLP. (dmn, ) (see Doc. [163) |
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Filing 162
ORDERED that on or before August 17, 2015, Defendant Crowe Horwath LLP (Crowe) show cause why this #160 Motion is not due to be granted. Signed by Honorable Judge Terry F. Moorer on 8/3/2015. (kh, )
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Filing 161
ORDERED that the #157 Motion to Authorize Production Pursuant to 47 U.S.C 551 be and hereby is GRANTED. Signed by Honorable Judge Terry F. Moorer on 8/3/2015. (kh, )
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| Filing 160 MOTION to Compel and Brief in Support by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Mullin, David) |
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Filing 159
TEXT ORDER that the #158 Joint Motion to Amend #122 Uniform Scheduling Order is GRANTED and that Section 3 of the Uniform Scheduling Order is AMENDED to permit the parties to conduct a mediation no later than 10/19/2015. Signed by Chief Judge William Keith Watkins on 7/29/2015. (dmn, ) (NO PDF)
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| Filing 158 Joint MOTION to Amend #122 Uniform Scheduling Order by Crowe Horwath, LLP, PricewaterhouseCoopers LLP, The Colonial BancGroup, Inc., and Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Anderson, James) Modified on 7/29/2015 to add additional filers. (dmn, ) |
| MOTION to authorize Production pursuant to 47 USC 551 by Federal Deposit Insurance Corporation as Receiver for Colonial Bank (NO PDF document attached to this notice-See Docket Entry #157 which was incorrectly docketed on the record as a notice entry). (djy, ) |
| Filing 157 NOTICE by Federal Deposit Insurance Corporation as Receiver for Colonial Bank re #145 Order on Motion to Compel (Attachments: #1 Exhibit)(Mullin, David) |
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Filing 156
TEXT ORDER granting #150 Motion for Kristen J. Gillis to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 6/18/15. (NO PDF Document attached to this notice). (djy, )
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Filing 155
TEXT ORDER granting #151 Motion for H. Lewis Gillis to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 6/18/15. (NO PDF document attached to this notice). (djy, )
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Filing 154
TEXT ORDER granting #152 Motion for Tyrone C. Means to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 6/18/15. (NO PDF document attached to this notice). (djy, )
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Filing 153
TEXT ORDER granting #146 Motion for Tony Kirkwood to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 6/18/2015. (dmn, ) (NO PDF attached)
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| Filing 152 MOTION for Tyrone C. Means to Withdraw as Attorney by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Means, Tyrone) Modified on 6/18/2015 to add attorney name requesting withdrawal. (dmn, ) |
| Filing 151 MOTION for H. Lewis Gillis to Withdraw as Attorney by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Gillis, Henry) Modified on 6/18/2015 to add attorney name requesting withdrawal. (dmn, ) |
| Filing 150 MOTION for Kristen J. Gillis to Withdraw as Attorney by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Gillis, Kristen) Modified on 6/18/2015 to include attorney name requesting withdrawal. (dmn, ) |
| *** Attorney Tyrone Carlton Means; Henry Lewis Gillis and Kristen J. Gillis terminated pursuant to orders 154 , [155, & 156 (NO PDF document attached to this notice). (djy, ) |
| Filing 149 NOTICE of Appearance by Kristen J. Gillis on behalf of Federal Deposit Insurance Corporation as Receiver for Colonial Bank (Gillis, Kristen) (Additional attachment(s) added on 6/17/2015: #1 Corrected Certificate of Service) (dmn, ). |
| Filing 147 NOTICE of Correction re #146 Motion to Appear Pro Hac Vice. The original main document pdf did not contain address, phone, and fax information for attorney requesting appearance. The certificate of good standing was not from a U. S. District Court. The corrected pdfs are attached to this notice. (Attachments: #1 Corrected pdf of Motion to Appear Pro Hac Vice, #2 Corrected pdf of Certificate of Good Standing)(dmn, ) |
| Filing 148 PRO HAC VICE Filing fee for Tony Kirkwood re #146 Motion: $ 50.00, receipt number 4602037208 (dmn, ) |
| ***Attorney Anthony Ward Kirkwood added PRO HAC VICE for Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (dmn, ) (see Doc. #146 for pdf) |
| Filing 146 Motion for Tony Kirkwood to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Bailey, Dennis) Modified on 6/16/2015 to include attorney name requesting appearance. (dmn, ) (Main Document 146 replaced on 6/17/2015, no address information included for attorney appearing.) (dmn, ). (Attachment 1 replaced on 6/17/2015, wrong certificate.) (dmn, ). |
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Filing 145
ORDER that the #143 Motion to Compel be DENIED as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 6/12/2015. (dmn, )
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| Filing 144 NOTICE of Correction re #143 Motion to Compel Production. The original pdf of Exhibit A to the referenced document contained a fillable format. The corrected pdf is attached to this notice. (Attachments: #1 Corrected Exhibit A to Doc. #143 )(dmn, ) |
| Filing 143 MOTION to Compel Production by Federal Deposit Insurance Corporation as Receiver for Colonial Bank. (Attachments: #1 Exhibit A)(Mullin, David) (Attachment 1 replaced on 6/8/2015.) (dmn, ). |
| Filing 142 PRO HAC VICE Filing fees for James N. Gorsline, Juanita Passyn Kuhner, Bradley J. Lingo, Geoffrey M. Ezgar, David Tetrick, and Meredith Moss re Motions to Appear Pro Hac Vice (Doc. Nos. #130 , #131 , #132 , #133 , #134 , #135 ): $ 300.00, receipt number 4602037008 (dmn, ) |
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Filing 141
TEXT ORDER granting #135 Motion for Meredith Moss to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 6/1/2015. (dmn, ) (NO PDF ATTACHED)
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Filing 140
TEXT ORDER granting #134 Motion for David Tetrick, Jr. to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 6/1/2015. (dmn, ) (NO PDF ATTACHED)
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Filing 139
TEXT ORDER granting #133 Motion for Geoffrey M. Ezgar to Appear Pro Hac Vice.Signed by Chief Judge William Keith Watkins on 6/1/2015. (dmn, ) (NO PDF attached)
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Filing 138
TEXT ORDER granting #132 Motion for Bradley J. Lingo to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 6/1/2015. (dmn, ) (NO PDF ATTACHED)
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Filing 137
TEXT ORDER granting #131 Motion for Juanita Passyn Kuhner to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 6/1/2015. (dmn, ) (NO PDF ATTACHED)
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