Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. v. Countrywide Securities Corporation et al
| Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. |
| CWALT, Inc., Deutsche Bank Securities, Inc., BNP Paribas Securities Corporation, Bank of America Corporation, Countrywide Financial Corporation, Countrywide Securities Corporation and CWMBS, Inc. |
| 2:2012cv03279 |
| April 16, 2012 |
| US District Court for the Central District of California |
| Margaret A Nagle |
| Mariana R Pfaelzer |
| Securities/Commodities |
| 12 U.S.C. § 22 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 2, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 210 MANDATE of Ninth Circuit Court of Appeals filed re: USCA Memorandum/Opinion/Order, #209 , Notice of Appeal to 9th Circuit Court of Appeals #202 , CCA # 14-57014. The judgment of this Court, entered June 8, 2016, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure (car) |
Filing 209
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #202 filed by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. CCA # 14-57014. The stipulated motion to voluntarily dismiss these appeals under Federal Rule of Appellate Procedure 42(b) is granted. Each party shall bear its own costs. These appeals are DISMISSED. (mat)
|
| Filing 208 TRANSCRIPT ORDER as to Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. Court Reporter. Court will contact Kathryn Matthews at kmatthews@graisellsworth.com with any questions regarding this order. Transcript portion requested: Other: Hearing on Motion to Dismiss (7/30/2013); Hearing on Motion for Reconsideration (11/12/2013). Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Grais, David) |
| Filing 207 Mail Returned addressed to Marcos G Ronquillo, Godwin Ronquillo PC, re Order Granting Underwriter Defendants' Application to Seal #195 . (gk) |
| Filing 206 Mail Returned addressed to Marcos G. Ronquillo re Order Granting Stipulation to Dismiss #198 (im) |
| Filing 204 NOTICE OF CLERICAL ERROR: Re: Filing Fee Letter #203 . Clerical error due to Federal Government agencies are not billed for Notice of Appeal. (mat) (Main Document 204 replaced on 1/2/2015) (mat). |
| Filing 203 FILING FEE LETTER issued as to plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., re Notice of Appeal to 9th Circuit Court of Appeals #202 (mat) |
| Filing 205 NOTIFICATION by Circuit Court of Appellate Docket Number 14-57014, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals #202 as to plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (mat) |
| Filing 202 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. Appeal of Order on Motion for Summary Judgment #196 (Appeal fee FEE WAIVED.) (Reznik, Vickie) |
| Filing 201 SEALED DOCUMENT - SUPPLEMENTAL DECLARATION of Alexander K. Mircheff in Support of Underwriters Defendants' Summary Judgment Reply. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(gk) |
| Filing 200 SEALED DOCUMENT - UNDERWRITER DEFENDANTS' REPLY in Support of Separate Statement of Uncontroverted Facts and Statement of Supplemental Uncontroverted Facts. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5)(gk) |
| Filing 199 SEALED DOCUMENT - REPLY in Support of the Underwriter Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
|
Filing 196
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Mariana R. Pfaelzer: This Court GRANTS Defendants Deutsche Bank and BNP Paribas' Motion for Summary Judgment #163 . ( MD JS-6. Case Terminated. ) (gk)
|
|
Filing 195
ORDER GRANTING UNDERWRITER DEFENDANTS' APPLICATION TO SEAL by Judge Mariana R. Pfaelzer: Underwriter Defendants BNP Paribas Securities Corp. and Deutsche Bank Securities Inc.'s Application to to File Under Seal #194 is GRANTED in its entirety. The Clerk of the Court shall file the (1) Reply in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication, (2) Reply in Support of Separate Statement of Uncontroverted Facts and Statement of Supplemental Uncontroverted Facts, and (3) Supplemental Declaration of Alexander K. Mircheff, along with all exhibits thereto. (gk)
|
| Filing 193 SCHEDULING NOTICE by Judge Mariana R. Pfaelzer - MOTION #163 for Summary Judgment as to all remaining claims filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc., previously scheduled for 12/22/2014 at 11:00 AM, has been taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
| Filing 197 CERTIFICATE OF SERVICE filed by Defendants BNP Paribas Securities Corporation and Deutsche Bank Securities, Inc., re Reply in Support of Underwriter Defendants' Motion for Summary Adjudication, Underwriter Defendants' Reply in Support of Separate Statement of Uncontroverted Facts and Statement of Supplemental Uncontroverted Facts, Supplemental Declaration of Alexander K. Mircheff in Support of Underwriter Defendants' Summary Judgment, Application to File Materials Under Seal Pursuant to Local Rule 79-5.1 and Order Governing the Treatment of Confidential Material, Proposed Order Granting Underwriter Defendants' Application to Seal, and Notice of Manual Filing #192 , served on 12/5/2014. (gk) |
| Filing 194 APPLICATION TO FILE MATERIALS UNDER SEAL PURSUANT TO LOCAL RULE 79-5.1AND ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL MATERIAL filed by defendants BNP Paribas Securities Corporation, and Deutsche Bank Securities, Inc.(vv) |
| Filing 192 NOTICE of Manual Filing filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. of (1)Supplemental Declaration of Alexander K. Mircheff in Support of Underwriter Defendants' Summary Judgment Reply and Exhibits thereto (2)Underwriter Defendants' Reply in Support of Separate Statement of Uncontroverted Facts and Statement of Supplemental Uncontroverted Facts (3)Reply in Support of Underwriter Defendants' Motion for Summary Judgment (4)Underwriter Defendants' Application to Seal (5)Proposed Order Granting Underwriter Defendants' Application to Seal. (Kitchens, Dean) |
|
Filing 198
ORDER GRANTING STIPULATION TO DISMISS COUNTRYWIDE DEFENDANTS AND BANK OF AMERICA CORPORATION WITH PREJUDICE by Judge Mariana R. Pfaelzer: Upon Stipulation #191 , it is hereby ordered that Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank's ("FDIC") claims against Countrywide Financial Corporation, CWALT, Inc., CWMBS, Inc., and Countrywide Securities Corporation (collectively, the "Countrywide Defendants"), and Bank of America Corporation in this action are dismissed with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. The FDIC, the Countrywide Defendants, and Bank of America Corporation further expressly waive any and all rights of appeal of the FDIC's claims against the Countrywide Defendants and Bank of America Corporation in the action. Each party shall bear its own costs and attorneys' fees. (gk)
|
| Filing 191 First STIPULATION to Dismiss Defendants Countrywide Financial Corporation, Countrywide Securities Corporation filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Proposed Order Granting Stipulation to Dismiss Countrywide Defendants and Bank of America Corporation with Prejudice)(McLeod, David) |
| Filing 171 Notice of Appearance or Withdrawal of Counsel: for attorney John M Moscarino counsel for Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. John M. Moscarino is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff FDIC. (Moscarino, John) |
| Filing 190 SEALED DOCUMENT - EXHIBITS 120 to 144 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2)(gk) |
| Filing 189 SEALED DOCUMENT - EXHIBITS 182 to 183 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
| Filing 188 SEALED DOCUMENT - EXHIBITS 175 to 181 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2)(gk) |
| Filing 187 SEALED DOCUMENT - EXHIBITS 162 to 174 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
| Filing 186 SEALED DOCUMENT - EXHIBIT 161 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication.(gk) |
| Filing 185 SEALED DOCUMENT - EXHIBITS 106 to 119 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(gk) |
| Filing 184 SEALED DOCUMENT - EXHIBITS 100 to 105 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
| Filing 183 SEALED DOCUMENT - EXHIBITS 62 to 99 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9)(gk) |
| Filing 182 SEALED DOCUMENT - EXHIBITS 51 to 61 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
| Filing 181 SEALED DOCUMENT - EXHIBITS 36 to 50 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2)(gk) |
| Filing 180 SEALED DOCUMENT - EXHIBITS 29 to 35 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2, #2 Part 3)(gk) |
| Filing 179 SEALED DOCUMENT - EXHIBITS 14 to 28 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
| Filing 178 SEALED DOCUMENT - EXHIBITS 1 to 13 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(gk) |
| Filing 177 SEALED DOCUMENT - EXHIBITS 145 to 160 of Plaintiff's Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2, #2 Part 3)(gk) |
| Filing 176 SEALED DOCUMENT - PLAINTIFF'S RESPONSE to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication. (Attachments: #1 Part 2)(gk) |
| Filing 175 SEALED DOCUMENT - MEMORANDUM of Points and Authorities in Support of Plaintiff's Response to Motion of Underwriter Defendants for Summary Judgment. (gk) |
| Filing 174 SEALED DOCUMENT - DECLARATION of Kathryn Matthews in Opposition to Motion of Underwriter Defendants for Summary Judgment or in the Alternative Summary Adjudication. (gk) |
|
Filing 173
ORDER GRANTING LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Mariana R. Pfaelzer: Upon upon Plaintiff's Application for an Order Granting Leave to File Documents Under Seal, IT IS HEREBY ORDERED as follows: The Court has determined there is good cause to grant the Application and accepts for filing under seal the following documents: (1) Declaration of Kathryn Matthews in Opposition to the Motion of Underwriter Defendants for Summary Judgment and Exhibits thereto; (2) Plaintiff's Response to Defendants' Separate Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial in Opposition to the Motion of Underwriter Defendants for Summary Judgment or In the Alternative Summary Adjudication; (3) Plaintiff's Memorandum of Points and Authorities in Opposition to the Underwriter Defendants' Motion for Summary Judgment or In the Alternative Summary Adjudication. Such documents shall be accepted for filing under seal in their entirety. (gk)
|
| Filing 172 SEALED DOCUMENT - APPLICATION for an Order Granting Leave to File Documents Under Seal. (gk) |
| Filing 170 **SEALED**APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE DOCUMENTS UNDER SEAL filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (bp) |
| Filing 169 Plaintiff's Amended Summary of Claims and Defendants filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. re: Miscellaneous Document #166 (Reznik, Vickie) |
| Filing 168 Amended NOTICE of Manual Filing filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. of Application for an Order Granting Leave to File Documents Under Seal; [Proposed] Order Granting Leave to File Documents Under Seal; Plaintiff's Memorandum of Points and Authorities in Opposition to the Underwriter Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication; [Proposed] Order Denying the Motion of Underwriter Defendants for Summary Judgment; Plaintiffs Response to Defendants' Separate Statement of Uncontroverted Facts and Conclusions of Law and Plaintiffs Separate Statement of Facts Establishing Genuine Issues for Trial In Opposition to the Motion of Underwriter Defendants for Summary Judgment; and Declaration of Kathryn Matthews with 183 Exhibits attached thereto. (Reznik, Vickie) |
| Filing 167 NOTICE of Manual Filing filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. of Application for an Order Granting Leave to File Documents Under Seal; [Proposed] Order Granting Leave to File Documents Under Seal; Plaintiff's Memorandum of Points and Authorities in Opposition to the Underwriter Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication; [Proposed] Order Denying the Motion of Underwriter Defendants for Summary Judgment; Plaintiff's Response to Defendants' Separate Statement of Uncontroverted Facts and Conclusions of Law and Plaintiff's Separate Statement of Facts Establishing Genuine Issues for Trial In Opposition to the Motion of Underwriter Defendants for Summary Judgment; and Declaration of Kathryn Matthews with 181 Exhibits attached thereto. (Reznik, Vickie) |
| Filing 166 Plaintiff's Summary of Claims and Defendants filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. (Reznik, Vickie) |
|
Filing 165
MINUTE ORDER IN CHAMBERS by Judge Mariana R. Pfaelzer: Because of the large number of (1) defendants named by plaintiffs, (2) federal and state law claims alleged, and (3) securities (RMBS) involved in these cases, the Court recently conducted a review to determine the issues and parties remaining for final disposition in each case. To assure that the records of the Court accurately reflect the same information as the records of the parties, the plaintiff in each case listed above is ordered to file with the Court a statement of all claims made against any defendant, the date of disposition of the claims (if any), and the manner of disposition of the claims and securities involved, whether by motion, settlement or other means. The remaining claims, parties and securities shall be deemed to be pending for disposition by the Court.These summaries shall be filed by plaintiffs and served on all parties in each case by October 13, 2014, with copies to be delivered to the Court. The Court will take up any discrepancies in the records in a telephone conference at a later date to be set by the Court. (im)
|
|
Filing 164
ORDER RE STIPULATION REQUESTING EXTENSION OF PAGE LIMITS AND EXTENSION OF FILING DATE by Judge Mariana R. Pfaelzer: Upon Stipulation #162 , it is hereby Ordered: (1) The page limit for the Underwriter Defendants' forthcoming Motion for Summary Judgment shall be extended to 40 pages; (2) The page limit for the Plaintiff's opposition to Underwriter Defendants' Motion for Summary Judgment shall be extended to 40 pages; (3) Plaintiff's deadline to file its opposition to Underwriter Defendants' Motion for Summary Judgment shall be extended to 10/17/2014; and (4) No other deadlines will be affected. (gk)
|
| Filing 163 NOTICE OF MOTION AND MOTION for Summary Judgment as to All remaining claims filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. Motion set for hearing on 12/22/2014 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: #1 Appendix, #2 Declaration, #3 Exhibit 1-21, #4 Exhibit 22-23-, #5 Exhibit 24-33, #6 Exhibit A1-A110, #7 Separate Statement, #8 Request for Judicial Notice, #9 Certificate of Service, #10 Proposed Order Request for Judicial Notice, #11 Proposed Order Summary Judgment)(Kitchens, Dean) |
| Filing 162 Corrected STIPULATION to Exceed Page Limitation as to Summary Judgment Motion, STIPULATION for Extension of Time to File Response filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. (Attachments: #1 Proposed Order)(Kitchens, Dean) |
| Filing 161 STIPULATION to Exceed Page Limitation as to Summary Judgment Motion, STIPULATION for Extension of Time to File filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. (Attachments: #1 Proposed Order)(Kitchens, Dean) |
|
Filing 160
ORDER RE JOINT STIPULATION REGARDING DEADLINE FOR FILING SUMMARY JUDGMENT MOTIONS by Judge Mariana R. Pfaelzer: Upon Stipulation #158 , it is hereby Ordered: (1) The deadline for Defendants BNP Paribas, Deutsche Bank, and UBS to file summary judgment motions will be extended from the current deadline 9/5/2014. (2) The deadline for the FDIC to file responses to any summary judgment motions filed by 9/5/2014 will be extended from the current deadline to 10/10/2014. (3) The dates for reply briefs and the hearings on these motions will remain unchanged by this stipulation. (gk)
|
|
Filing 159
ORDER ON STIPULATION FOR EXTENSION OF TIME TO FILE SUMMARY JUDGMENT MOTIONS by Judge Mariana R. Pfaelzer: Upon Stipulation #157 , IT IS HEREBY ORDERED AS FOLLOWS: The deadline for the Countrywide and Bank of America Defendants to file any motions for summary judgment in the FDIC/UWB, FDIC/Franklin and FDIC/Security actions is extended to 10/15/2014. The deadlines for Plaintiffs' oppositions and the Countrywide and Bank of America Defendants' replies are extended to 11/19/2014 and 1/21/2015, respectively. (gk)
|
| Filing 158 Joint STIPULATION for Extension of Time to File summary judgment filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. (Attachments: #1 Proposed Order)(Kitchens, Dean) |
| Filing 157 STIPULATION for Extension of Time to File Summary Judgment Motions filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 156
MINUTES (IN CHAMBERS): ORDER DENYING DEFENDANTS' MOTION TO STAY THE CASE AND FOR RECONSIDERATION by Judge Mariana R. Pfaelzer #151 #152 #154 #155 . Both motions are DENIED as untimely filed. SEE ORDER. (im)
|
| Filing 155 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Stay Case #152 filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. Motion set for hearing on 9/29/2014 at 01:30 PM before Judge Mariana R. Pfaelzer. (Garlick, Dione) |
| Filing 154 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Reconsideration re Order on Motion to Dismiss, #90 #151 filed by Defendant BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. Motion set for hearing on 9/29/2014 at 01:30 PM before Judge Mariana R. Pfaelzer. (Attorney Dione Garlick added to party BNP Paribas Securities Corporation(pty:dft), Attorney Dione Garlick added to party Deutsche Bank Securities, Inc.(pty:dft))(Garlick, Dione) |
| Filing 153 PROOF OF SERVICE filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation, re MOTION to Stay Case #152 , MOTION for Reconsideration re Order on Motion to Dismiss, #90 #151 served on August 15, 2014. (Pastuszenski, Brian) |
| Filing 152 NOTICE OF MOTION AND MOTION to Stay Case filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. Motion set for hearing on 9/29/2014 at 01:30 PM before Judge Mariana R. Pfaelzer. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
| Filing 151 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, #90 filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. Motion set for hearing on 9/29/2014 at 01:30 PM before Judge Mariana R. Pfaelzer. (Attachments: #1 MEMORANDUM IN SUPPORT OF THE COUNTRYWIDE DEFENDANTS' MOTION FOR RECONSIDERATION, #2 Proposed Order)(Pastuszenski, Brian) |
| Filing 150 Notice of Appearance or Withdrawal of Counsel: for attorney Brian Charles Devine counsel for Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. Adding Brian C. Devine as attorney as counsel of record for Countrywide Securities Corporation; CWALT, Inc.; CWMBS, Inc.; and Countrywide Financial Corporation for the reason indicated in the G-123 Notice. Filed by Defendants Countrywide Securities Corporation; CWALT, Inc.; CWMBS, Inc.; and Countrywide Financial Corporation. (Attorney Brian Charles Devine added to party CWALT, Inc.(pty:dft), Attorney Brian Charles Devine added to party CWMBS, Inc.(pty:dft), Attorney Brian Charles Devine added to party Countrywide Financial Corporation(pty:dft), Attorney Brian Charles Devine added to party Countrywide Securities Corporation(pty:dft))(Devine, Brian) |
|
Filing 149
ORDER RE EXPERT DISCLOSURE AND DISCOVERY by Judge Mariana R. Pfaelzer: Upon Stipulation #147 , it is hereby ORDERED that: The Parties agree to modify the requirements of Rules 26(a)(2) and 26(b)(4) of the Federal Rules of Civil Procedure, or any other potentially applicable law, rule or regulation governing these Actions, with respect to limitations on the scope of discovery in such Action, as well as in any other proceeding related to or involving Residential Mortgage Backed Securities or structured investment products or like products to the extent a person or entity may seek discovery concerning documents or information created in connection with an Action by or on behalf of any witness whom a Party expects to use at the trial of an Action to provide expert testimony. See document for details. (gk)
|
|
Filing 148
ORDER RE: PLAINTIFFS' REQUEST TO COMPEL DEPOSITION APPEARANCES by Judge Mariana R. Pfaelzer: Upon Plaintiffs' Requests to Compel Deposition Appearances, order as to Tonya Lybrand, N. Joshua Adler, and Stanford Kurland. See document for details. (gk)
|
| Filing 147 STIPULATION for Order RE EXPERT DISCLOSURE AND DISCOVERY filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 146
ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL DISCOVERY MATERIAL by Judge Mariana R. Pfaelzer re Stipulation #145 . See document for details. (gk)
|
| Filing 145 STIPULATION for Protective Order filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 144
MINUTE ORDER IN CHAMBERS by Judge Mariana R. Pfaelzer: Order re Discovery. The close of expert discovery is August 15, 2014. A motion for summary judgment may be submitted to the Court no later than August 29, 2014. (rne)
|
| Filing 143 STIPULATION for Discovery as to JOINT REPORT PROPOSING DISCOVERY AND SUMMARY JUDGMENT SCHEDULES AND ADDRESSING SETTLEMENT filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Proposed Order [PROPOSED] ORDER SETTING DISCOVERY AND SUMMARY JUDGMENT SCHEDULES)(Attorney Vickie Reznik added to party Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.(pty:pla))(Reznik, Vickie) |
|
Filing 142
ORDER by Judge Mariana R. Pfaelzer DENYING Joint Report Proposing Discovery and Summary Jugment Schedules #141 . (pso)
|
| Filing 141 Joint Report Proposing Discovery and Summary Judgment Schedules and Addressing Settlement re: Telephone Conference, #140 (Attachments: #1 Proposed Order)(McLeod, David) |
| Filing 140 MINUTES OF Telephone Conference held before Judge Mariana R. Pfaelzer: The case is called and appearances are made. The Court hears from counsel. By January 21, 2014, the parties are ordered to file a Joint Statement with proposals and dates regarding discovery, motions for summary judgment, potential settlement discussions, or any other issues that should be brought to the Court's attention. Court Reporter: Wil Wilcox. (pso) |
| Filing 139 SCHEDULING NOTICE by Judge Mariana R. Pfaelzer - Telephone Status Conference set for 1/15/2014 at 2:00 PM. Call-in Number: 213-894-0800. Meeting ID: 7002# User Password: 6434#. Please call in 10 minutes prior to start time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY |
|
Filing 138
(CORRECTED) ORDER REGARDING PLAINTIFFS MOTION FOR RECONSIDERATION, OR, IN THE ALTERNATIVE, TO CERTIFY AN ORDER FOR INTERLOCUTORY APPEAL by Judge Mariana R. Pfaelzer #124 . (im)
|
|
Filing 137
ORDER REGARDING PLAINTIFFS' MOTION FOR RECONSIDERATION, OR, IN THE ALTERNATIVE, TO CERTIFY AN ORDER FOR INTERLOCUTORY APPEAL by Judge Mariana R. Pfaelzer: Plaintiffs have not satisfied any of the conditions for reconsideration under the Local Rules. Moreover, for the reasons set forth in this order, the Court rejects each argument by Plaintiffs that the August 26 Orders constitute clear error. The Court therefore DENIES Plaintiffs' motion for reconsideration #124 . Interlocutory review of Security Savings Bank would not "materially advance the ultimate termination of the litigation." Thus, FDIC as Receiver for Security Savings Bank's motion for interlocutory appeal to the Ninth Circuit is DENIED. (gk)
|
| Filing 135 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/12/2013 at 1:43 p.m. re Transcript #134 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 134 TRANSCRIPT for proceedings held on 11/12/2013 at 1:43 p.m. Court Reporter/Electronic Court Recorder: Myra Ponce, phone number (213) 894-2305 or myraponce@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/23/2013. Redacted Transcript Deadline set for 1/2/2014. Release of Transcript Restriction set for 3/2/2014. (Ponce, Myra) |
| Filing 136 MINUTES OF Motion Hearing held before Judge Mariana R. Pfaelzer: The Court hears oral argument. The Court has reviewed the moving papers, oppositions, and all related filings. The Court tentatively denies Plaintiffs' Motion for Reconsideration, or, in the Alternative, to Certify for Interlocutory Appeal #124 . A final order and opinion will follow. Court Reporter: Myra Ponce. (gk) |
| Filing 133 REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR RECONSIDERATION AND ALTERNATIVE MOTION TO CERTIFY FOR INTERLOCUTORY APPEAL MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion for Joinder,,,,,,,,,,,,,, #122 #124 filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (McLeod, David) |
| Filing 132 JOINDER filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. joining in Objection/Opposition (Motion related), #131 . (Kitchens, Dean) |
| Filing 131 DEFENDANTS' OPPOSITION re: MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion for Joinder,,,,,,,,,,,,,, #122 #124 filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Declaration of Adam Slutsky In Support of Defendants' Opposition to Plaintiff's Motion for Reconsideration, #2 Exhibits A-B, #3 Proof of Service)(Pastuszenski, Brian) |
| Filing 130 Notice of Appearance or Withdrawal of Counsel: for attorney John M Moscarino counsel for Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. Mary G. Menge is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff FDIC as Receiver for Franklin Bank. (Moscarino, John) |
| Filing 129 ANSWER to Amended Complaint, #78 filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc..(Kitchens, Dean) |
| Filing 128 ANSWER to Amended Complaint, #78 JURY DEMAND. filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation.(Pastuszenski, Brian) |
|
Filing 127
ORDER GRANTING STIPULATION REGARDING SCHEDULE FOR PLAINTIFFS MOTION FOR RECONSIDERATION by Judge Mariana R. Pfaelzer #126 . The Court shall hear argument on Plaintiffs motion for reconsideration on November 12, 2013, at 1:30 p.m. SEE ORDER FOR DEADLINES. (im)
|
| Filing 126 STIPULATION for Order REGARDING SCHEDULE FOR PLAINTIFFS' MOTION FOR RECONSIDERATION filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 125
ORDER GRANTING STIPULATION REGARDING EXTENSION OF DEFENDANTS' TIME TO ANSWER AMENDED COMPLAINT by Judge Mariana R. Pfaelzer: Upon Stipulation #123 , it is hereby ordered that Defendants shall have until 9/24/2013 to answer the Amended Complaint #78 . (gk)
|
| Filing 124 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion for Joinder,,,,,,,,,,,,,, #122 filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. Motion set for hearing on 10/21/2013 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion for Reconsideration, #2 Proof of Service)(Moscarino, John) |
| Filing 123 STIPULATION for Order EXTENDING DEFENDANTS' TIME TO ANSWER AMENDED COMPLAINT filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 122
MINUTES (IN CHAMBERS) ORDER RE MOTION TO DISMISS by Judge Mariana R. Pfaelzer: The Countrywide Defendants move to dismiss the First Amended Complaint ("FAC") by the Federal Deposit Insurance Corporation as receiver for Franklin Bank, S.S.B. #74 , #76 , #98 , #101 . The Court dismisses with prejudice Plaintiff's Texas Securities Act claims with respect to CWALT 2006-2CB and CWHL 2006-J1. The FAC fails to adequately plead material misrepresentations regarding owner-occupancy status or additional liens but has adequately pled material misrepresentations as to the loan-to-value ratios, appraisals, underwriting standards, and credit ratings. The FAC fails to state a successor liability claim against BAC. All dismissals are with prejudice. Court Reporter: None. (gk)
|
| Filing 120 TRANSCRIPT ORDER re: Transcript (CV),, #118 , as to Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. Court Reporter. Court will contact Tunizia Abdur-Raheem at tunizia@mmwf.com with any questions regarding this order. Transcript portion requested: Voir Dire on July 30, 2013. Pre-Trial Proceeding: Motions to Dismiss. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Moscarino, John) |
| Filing 119 NOTICE OF FILING TRANSCRIPT filed for proceedings 07-30-2013; 1:40 P.M. re Transcript #118 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY |
| Filing 118 TRANSCRIPT for proceedings held on 07-30-2013; 1:40 P.M.. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/22/2013. Redacted Transcript Deadline set for 9/1/2013. Release of Transcript Restriction set for 10/30/2013. (Algorri, Miranda) |
| Filing 121 MINUTES OF Motion Hearing held before Judge Mariana R. Pfaelzer: The Court and counsel confer. The Court takes Defendants' Motions to Dismiss Plaintiff's Amended Complaints #98 , #101 under submission and its order will follow. Court Reporter: Miranda Algorri. (gk) |
|
Filing 117
MINUTES (IN CHAMBERS) ORDER RE: HEARING ON MOTION TO DISMISS by Judge Mariana R. Pfaelzer: In connection with the motion to dismiss #98 , #101 scheduled for hearing on 7/30/2013, the parties should be prepared to address the following issues: (1) whether anything in the legislative history of FIRREA might inform the Court's interpretation of 12 U.S.C. Section 1821(d)(14) and its application to statutes of repose; (2) whether, and to what extent, the doctrine of federal preemption should affect the Court's interpretation of 12 U.S.C. Section 1821(d)(14) and its application to state statutes of repose. Court Reporter: None. (gk)
|
| Filing 116 SCHEDULING NOTICE by Judge Mariana R. Pfaelzer - MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINTS #101 #98 previously scheduled for 7/30/2013 11:00 a.m. has been rescheduled. Motion now set for hearing on 7/30/2013 at at 1:30 PM before Judge Mariana R. Pfaelzer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(im) TEXT ONLY ENTRY |
| Filing 115 JOINDER filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. joining in Reply (Motion related), #113 . (Kitchens, Dean) |
| Filing 114 JOINDER in MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINTS #101 filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. (Kitchens, Dean) |
| Filing 113 REPLY IN FURTHER SUPPORT OF MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINTS #101 filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Appendix A, #2 DEFENDANTS' SUPPLEMENTAL NOTICE OF REQUEST AND REQUEST FOR JUDICIAL NOTICE, #3 EXHIBITS 1-17, #4 PROOF OF SERVICE)(Pastuszenski, Brian) |
| Filing 112 REPLY in Support of MOTION to Dismiss Amended Complaints #98 filed by Defendant Bank of America Corporation. (Attachments: #1 Certificate of Service)(Close, Matthew) |
|
Filing 111
ORDER GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' AMENDED COMPLAINTS by Judge Mariana R. Pfaelzer: Upon Stipulation #108 , it is hereby ordered: The Countrywide Defendants, the Underwriter Defendants, and BAS shall file one memorandum in support of their motions to dismiss the Amended Complaints #101 , not to exceed 60 pages in length, on or before 5/16/2013. BAC shall file one memorandum in support of its motions to dismiss the successor-liability claims in the Amended Complaints in Franklin Bank and Guaranty Bank #98 , not to exceed 25 pages in length, on or before 5/16/2013. Plaintiffs shall file one memorandum in opposition to the motion filed by the Countrywide Defendants, the Underwriter Defendants, and BAS, not to exceed 60 pages total in length, on or before 6/28/2013. Plaintiffs shall file one memorandum in opposition to the memorandum filed by BAC, not to exceed 25 pages in length, on or before 6/28/2013. The Countrywide Defendants, the Underwriter Defendants, and BAS shall file one reply memorandum in support of their motions to dismiss the Amended Complaints, not to exceed 30 pages in length, on or before 7/19/2013. BAC shall file one reply memorandum in support of its motions to dismiss the successor-liability claims in the Amended Complaints in Franklin Bank and Guaranty Bank, not to exceed 25 pages in length, on or before 7/19/2013. (gk)
|
| Filing 110 Proposed Order Granting Stipulation Re Briefing Schedule for Defendants' Motions to Dismiss Plaintiffs' Amended Complaints re: Miscellaneous Document #109 , Miscellaneous Document #108 (Moscarino, John) |
| Filing 109 Proof of Service re Stipulation Regarding Briefing Schedule re: Miscellaneous Document #108 (Moscarino, John) |
| Filing 108 Stipulation Regarding Briefing Schedule for Defendants' Motions to Dismiss Plaintiffs' Amended Complaints (Moscarino, John) |
| Filing 107 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINTS #101 in Support of Opposition filed by Plaintiffs Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, part 1, #3 Exhibit 2, part 2, #4 Exhibit 2, part 3, #5 Exhibit 3, part 1, #6 Exhibit 3, part 2)(McLeod, David) |
| Filing 106 OPPOSITION to MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINTS #101 filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (McLeod, David) |
| Filing 105 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Amended Complaints #98 in Support of Opposition filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Exhibit, #2 Exhibit)(McLeod, David) |
| Filing 104 OPPOSITION to MOTION to Dismiss Amended Complaints #98 filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (McLeod, David) |
| Filing 103 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants' Notice of Motions and Motions to Dismiss Plaintiff's Amended Complaints filed 5/16/2013 #101 . The following error(s) was found: Local Rule 11-6 Memorandum brief exceeds 25 pages. No Leave of Court was given to counsel to file Memorandum of more than 25 pages. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 102 JOINDER filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. joining in MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINTS #101 . (Kitchens, Dean) |
| Filing 101 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINTS filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. Motion set for hearing on 7/30/2013 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: #1 MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S AMENDED COMPLAINTS, #2 APPENDICES A-D, #3 DEFENDANTS' NOTICE OF REQUEST AND REQUEST FOR JUDICIAL NOTICE, #4 EXHIBITS 1-2, #5 EXHIBITS 3-6, #6 EXHIBITS 7-9, #7 EXHIBITS 10-12, #8 EXHIBITS 13-16, #9 EXHIBITS 17-41, #10 EXHIBITS 42-66, #11 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S AMENDED COMPLAINTS, #12 PROOF OF SERVICE)(Pastuszenski, Brian) |
| Filing 100 CERTIFICATE OF SERVICE filed by defendant Bank of America Corporation, re MOTION to Dismiss Amended Complaints #98 , Request for Judicial Notice, Request for Relief #99 served on 5/16/2013. (Close, Matthew) |
| Filing 99 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Amended Complaints #98 filed by defendant Bank of America Corporation. (Close, Matthew) |
| Filing 98 NOTICE OF MOTION AND MOTION to Dismiss Amended Complaints filed by defendant Bank of America Corporation. Motion set for hearing on 7/30/2013 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Matthew W. Close, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Proposed Order)(Close, Matthew) |
|
Filing 97
ORDER by Judge Mariana R. Pfaelzer granting Request for Approval of Substitution of Attorney David S. McLeod, McLeod Moscarino Witham & Flynn LLP, for Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank in place of Attorneys Michael R. Matthias and Gabriel E. Drucker, Baker Hostetler LLP #95 . (gk)
|
| Filing 96 NOTICE of Appearance filed by attorney John M Moscarino on behalf of Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. (Moscarino, John) |
| Filing 95 REQUEST to Substitute attorney David S. McLeod in place of attorney Michael R. Matthias filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Proposed Order on Request for Substitution)(McLeod, David) |
| Filing 94 STIPULATION for Order Regarding Briefing Schedule for Defendants' Motions to Dismiss Plaintiffs' Amended Complaints filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 93
ORDER GRANTING STIPULATION #91 RE BRIEFING SCHEDULE FOR Defendants' Motions to dismiss Plaintiff's Amended Complaint by Judge Mariana R. Pfaelzer. IT IS HEREBY ORDERED: 1. Defendants shall file their motions to dismiss the Amended Complaint on or before 4/30/2013; 2. Plaintiff shall file any opposition on or before 6/6/2013; 3. Defendants shall file any reply papers on or before 6/27/2013. (ys)
|
|
Filing 92
MINUTE IN CHAMBERS ORDER RE: CONSOLIDATION by Judge Mariana R. Pfaelzer: After consideration of the process of the cases filed by the Federal Deposit Insurance Corporation, the Court consolidates briefing on these three highly similar matters. The defendants shall submit a single brief on any motion to dismiss these cases, the FDIC shall respond in a single brief, and the defendants shall submit a single reply. The parties should prepare a stipulation including dates for submission of the briefs. The Court will allow somewhat longer briefing than in the normal course, considering that it has not yet dealt with the timeliness of the FDICs lawsuit in its case as receiver for Guaranty Bank, 12-CV-8558. The schedule for any other case brought by the FDIC, or in this MDL, remains undisturbed. (jp)
|
| Filing 91 STIPULATION for Order REGARDING BRIEFING SCHEDULE FOR DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS AMENDED COMPLAINT filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 [PROPOSED] ORDER GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS AMENDED COMPLAINT)(Pastuszenski, Brian) |
|
Filing 90
ORDER RE: MOTION TO DISMISS by Judge Mariana R. Pfaelzer. The FDICs Section 11 claims for CWALT 2006-2CB A-13 and CWHL 2006-J1 3-A-1 are time-barred, because the statute of repose expired before November 7, 2008, when the FDIC became receiver for Franklin Bank. All other claims are timely. PLEASE SEE ORDER FOR FULL DETAILS. #81 #82 #83 . (cs)
|
|
Filing 89
MINUTE ORDER IN CHAMBERS RE: HEARINGS IN LISTED CASES #74 , #76 , #81 by Judge Mariana R. Pfaelzer. The Court has read and considered the parties' briefs and submissions on the Defendants' Motions to Dismiss each amended complaint in the cases: Fed. Deposit Ins. Corp., as Receiver for Security Savings Bank v. Banc of America Securities LLC, et al., 12-CV-6690, Fed. Deposit Ins. Corp., as Receiver for Security Savings Bank v. Countrywide Fin. Corp., et al., 12-CV-6692 and Fed. Deposit Ins. Corp., as Receiver for Franklin Bank, S.S.B. v. Countrywide Sec. Corp., et al., 12-CV-3279. Having done so, the Court has concluded that oral argument will not aid in reaching decisions on the motions. Accordingly, the dates for oral argument, which are February 26 for the Security Savings Bank cases, and February 28 for the Franklin Bank case, are vacated, and the matters are taken under submission. (lom)
|
| Filing 88 JOINDER filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. joining in Reply (Motion related) #87 . (Kitchens, Dean) |
| Filing 87 REPLY IN SUPPORT OF MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT #81 filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Pastuszenski, Brian) |
|
Filing 86
ORDER GRANTING STIPULATION TO CONTINUEHEARINGS ON DEFENDANTSMOTIONS TO DISMISS PLAINTIFFS AMENDEDCOMPLAINTS by Judge Mariana R. Pfaelzer, re Stipulation to Continue, #85 Pursuant to the January 22, 2013, Stipulation to Continue Hearings on Defendants Motions to Dismiss Plaintiffs Amended Complaints, it is hereby ordered that the hearings in FDIC as Receiver for Security Savings Bank v. Banc of America Securities LLC, No. 12-CV-06690-MRP (C.D. Cal.) and FDIC as Receiver for Security Savings Bank v. Countrywide Securities Corporation, No. 12-CV-06692-MRP (C.D. Cal.) be continued to February 26, 2013, at 11:00 a.m. and the hearing in FDIC as Receiver for Franklin Bank, S.S.B. v. Countrywide Securities Corporation, No. 12-CV-03279-MRP (C.D. Cal.) be continued to February 28, 2013, at 11:00 a.m. (pj)
|
| Filing 85 STIPULATION to Continue HEARINGS ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' AMENDED COMPLAINTS from FEBRUARY 22, 2013 to FEBRUARY 28, 2013 filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 [PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE HEARINGS ON DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS AMENDED COMPLAINTS)(Pastuszenski, Brian) |
| Filing 84 MEMORANDUM in Opposition to MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT #81 filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proof of Service)(Matthias, Michael) |
| Filing 83 JOINDER filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. joining in MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT #81 . (Kitchens, Dean) |
| Filing 82 JOINDER in MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT #81 filed by Defendant Bank of America Corporation. (Close, Matthew) |
| Filing 81 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. Motion set for hearing on 2/22/2013 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: #1 MEMORANDUM IN SUPPORT OF COUNTRYWIDE DEFENDANTS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, #2 APPENDICES A-C, #3 COUNTRYWIDE DEFENDANTS NOTICE OF REQUEST AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, #4 EXHIBITS 1-3, #5 EXHIBIT 4, #6 EXHIBITS 5-7, #7 EXHIBITS 8-9, #8 EXHIBITS 10-11, #9 EXHIBITS 12-46, #10 [PROPOSED] ORDER GRANTING COUNTRYWIDE DEFENDANTS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, #11 PROOF OF SERVICE)(Pastuszenski, Brian) |
|
Filing 80
ORDER granting Stipulation #79 by Judge Mariana R. Pfaelzer. It is hereby ordered: 1. Defendants shall file their motions to dismiss the Amended Complaint related to jurisdiction, venue, and the applicable statutes of limitation and repose, along with supporting memoranda, on or before December 18, 2012. The total number of pages of all briefs filed by Defendants shall not exceed 40 pages; 2. Plaintiff shall file any opposition to Defendants' motions to dismiss the Amended Complaint on or before January 22, 2013. The total number of pages of all briefs filed by Plaintiff shall total the number of pages used by Defendants in their moving papers; 3. Defendants shall file any reply papers in support of their motions to dismiss the Amended Complaint on or before February 12, 2013; and 4. Defendants initial motions to dismiss the Amended Complaint shall address arguments for dismissal based on jurisdiction, venue, and the applicable statutes of limitations and repose. If any claims remain after the Court's disposition of the motions to dismiss based on jurisdiction, venue, and the applicable statutes of limitations and repose, the parties shall confer on a further briefing schedule for any remaining grounds for the motions to dismiss. Defendants' motions to dismiss shall each be considered a single motion under Federal Rule of Civil Procedure 12 such that, by filing motions to dismiss addressing only jurisdiction, venue, and/or the applicable statutes of limitations and repose, Defendants do not waive, but expressly preserve, any and all other arguments and defenses. (lom)
|
| Filing 79 STIPULATION for Order REGARDING BRIEFING SCHEDULE FOR DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS AMENDED COMPLAINT filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 [PROPOSED] ORDER GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS AMENDED COMPLAINT)(Pastuszenski, Brian) |
| Filing 78 FIRST AMENDED COMPLAINT against Defendants Countrywide Securities Corporation, CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Bank of America Corporation, BNP Paribas Securities Corporation, and Deutsche Bank Securities, Inc.; amending Complaint #1 ; with Jury Demand filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. (gk) (pj). |
|
Filing 77
ORDER by Judge Mariana R. Pfaelzer, re Stipulation for Order, #71 . IT IS HEREBY ORDERED that (i) the Countrywide Defendants shall file a memorandum in support of their motion to dismiss not to exceed 40 pages in length, and (ii) Plaintiff shall file an opposition to the Countrywide Defendants motion to dismiss not to exceed 40 pages in length. (pj)
|
| Filing 76 NOTICE OF MOTION AND First MOTION for Joinder in MOTION to Dismiss #74 Joinder in Countrywide Defendants' Motion to Dismiss filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. Motion set for hearing on 12/12/2012 at 11:00 AM before Judge Mariana R. Pfaelzer. (Kitchens, Dean) |
| Filing 75 JOINDER in MOTION to Dismiss #74 / Defendant Bank of America Corporation's Joinder in Countrywide Defendants' Motion to Dismiss filed by Defendant Bank of America Corporation. (Close, Matthew) |
| Filing 74 NOTICE OF MOTION AND MOTION to Dismiss filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. Motion set for hearing on 12/12/2012 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: #1 MEMORANDUM IN SUPPORT OF COUNTRYWIDE DEFENDANTS' MOTION TO DISMISS, #2 APPENDICES A-B, #3 COUNTRYWIDE DEFENDANTS' NOTICE OF REQUEST AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS, #4 EXHIBITS 1-4, #5 EXHIBITS 5-10, #6 EXHIBITS 11-35, #7 EXHIBITS 36-37, #8 EXHIBITS 38-39, #9 EXHIBITS 40-41, #10 EXHIBITS 42-43, #11 EXHIBITS 44-46, #12 EXHIBITS 47-54, #13 [PROPOSED] ORDER GRANTING COUNTRYWIDE DEFENDANTS' MOTION TO DISMISS, #14 PROOF OF SERVICE)(Pastuszenski, Brian) |
| Filing 73 STIPULATION to Exceed Page Limitation as to COUNTRYWIDE DEFENDANTS' MOTION TO DISMISS filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 [PROPOSED] ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON COUNTRYWIDE DEFENDANTS MOTION TO DISMISS)(Pastuszenski, Brian) |
|
Filing 72
ORDER GRANTING Stipulation Regarding Briefing Schedule for Defendants Motions to Dismiss Plaintiff's Complaint #71 by Judge Mariana R. Pfaelzer that Defendants shall file their motions to dismiss the Complaint, along with supporting memoranda, on or before 10/4/2012; Plaintiff shall file any opposition to Defendants' motions to dismiss the Complaint on or before 11/5/2012; Defendants shall file any reply papers in support of their motions to dismiss the Complaint on or before 11/20/2012. (See attached Order for further details). (jp)
|
| Filing 71 STIPULATION for Order GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 [PROPOSED] ORDER GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT)(Pastuszenski, Brian) |
| Filing 70 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/20/12 1:30 pm re Transcript #69 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Nirenberg, Cindy) TEXT ONLY ENTRY |
| Filing 69 TRANSCRIPT for proceedings held on 7/20/12 1:30 pm. Court Reporter: C. Nirenberg, website www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter at www.msfedreporter.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 9/29/2012. Release of Transcript Restriction set for 11/27/2012. (Nirenberg, Cindy) |
| Filing 68 NOTICE of Appearance filed by attorney Gabriel Elliott Drucker on behalf of Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. (Drucker, Gabriel) |
| Filing 67 NOTICE of Appearance filed by attorney Michael R Matthias on behalf of Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. (Matthias, Michael) |
|
Filing 66
ORDER PLAINTIFFS MOTION TO REMAND by Judge Mariana R. Pfaelzer, re #20 . For the reasons set forth above, the Court DENIES Plaintiffs motion to remand. (pj)
|
| Filing 65 MINUTES OF Motion to Remand Hearing held before Judge Mariana R. Pfaelzer. The case is called and appearances are made. Court and counsel discuss the pending motion. The Court takes the matter under submission and its order will follow.Court Reporter: Cindy Nirenberg. (cs) |
| Filing 64 NOTICE of Supplemental Authority in Support of Opposition to Motion to Remand filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pastuszenski, Brian) |
| Filing 63 IN CHAMBER MINUTE ORDER - The Court on its own motion continues the hearing on the Motion to Remand #20 set for Thursday, July 19, 2012 at 1:30 pm to Friday, July 20, 2012 at 1:30 pm before Judge Mariana R. Pfaelzer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cs) TEXT ONLY ENTRY |
| Filing 62 REPLY in support #20 Motion to Remand filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Attachments: #1 Declaration of Mark B. Holton in Support of Reply Memorandum in Support of Motion to Remand, #2 Exhibit A to Declaration of Mark B. Holton, #3 Proof of Service)(Holton, Mark) |
|
Filing 61
ORDER Granting re Stipulation to Exceed Page Limitation #57 by Judge Mariana R. Pfaelzer. IT IS HEREBY ORDERED AS FOLLOWS: The Countrywide Defendants may file a brief in opposition to Plaintiff's Motion to Remand not to exceed thirty (30) pages in length. (lom)
|
| Filing 60 JOINDER filed by Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. joining in Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #58 . (Kitchens, Dean) |
| Filing 59 JOINDER filed by Defendant Bank of America Corporation joining in Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #58 . (Attachments: #1 Certificate of Service)(Close, Matthew) |
| Filing 58 THE COUNTRYWIDE DEFENDANTS OPPOSITION TO PLAINTIFF'S MOTION TO REMAND in opposition to re: #20 filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 DECLARATION OF NEAL BUTALA IN SUPPORT OF THE COUNTRYWIDE DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO REMAND, #2 DECLARATION OF BOBBY CHIN IN SUPPORT OF THE COUNTRYWIDE DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO REMAND, #3 DECLARATION OF COLEMAN DONALDSON JR. IN SUPPORT OF THE COUNTRYWIDE DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO REMAND, #4 DECLARATION OF ADAM SLUTSKY IN SUPPORT OF THE COUNTRYWIDE DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO REMAND, #5 EXHIBIT 1, #6 EXHIBIT 2, #7 EXHIBITS 3-4, #8 EXHIBIT 5 PART 1, #9 EXHIBIT 5 PART 2, #10 EXHIBITS 6-12, #11 EXHIBITS 13-16, #12 EXHIBITS 17-22, #13 PROOF OF SERVICE)(Pastuszenski, Brian) |
| Filing 57 STIPULATION to Exceed Page Limitation as to Countrywide Defendants' Opposition to Plaintiff's Motion to Remand filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order)(Pastuszenski, Brian) |
|
Filing 56
ORDER by Judge Mariana R. Pfaelzer: granting #55 Application to Appear Pro Hac Vice by Attorney William Sushon on behalf of Bank of America Corporation, designating Matthew W. Close as local counsel. (lom)
|
| Filing 55 APPLICATION for attorney William J. Sushon to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10542139 paid.) filed by Defendant Bank of America Corporation. (Attachments: #1 Order on Application of Non-Resident Attorney to Appear in a Specific Case, #2 Certificate of Service)(Close, Matthew) |
|
Filing 54
ORDER by Judge Mariana R. Pfaelzer: granting #53 Application to Appear Pro Hac Vice by Attorney Jonathan Rosenberg on behalf of Bank of America Corporation, designating Matthew W Close as local counsel. (lom)
|
| Filing 53 APPLICATION for attorney Jonathan Rosenberg to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10486673 paid.) filed by defendant Bank of America Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Close, Matthew) |
| Filing 52 TRANSCRIPT ORDER for date of proceedings 5/21/2012 to 5/21/2012 re: Transcript (CV), Transcript (CV), Transcript (CV) #51 , as to Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B. Court Reporter Cindy Nirenberg. Court will contact Mark B. Holton at mholton@graisellsworth.com with any questions regarding this order. Transcript portion requested: Other: Status Conference, 5/21/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Holton, Mark) |
| Filing 51 TRANSCRIPT for proceedings held on 5/21/12 2:00 pm. Court Reporter: C. Nirenberg, website: www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. Nirenberg, website: www.msfedreporter.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/2/2012. (Nirenberg, Cindy) |
| NOTICE OF FILING TRANSCRIPT filed for proceedings 5/21/12 2:00 pm re Transcipt #51 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Nirenberg, Cindy) TEXT ONLY ENTRY |
| Filing 50 NOTICE of Change of Attorney Information for attorney Alexander K Mircheff counsel for Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc..Brian E. Robison is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendants BNP Paribas Securities Corp., Deutsche Bank Securities Inc. (Mircheff, Alexander) |
| Filing 49 NOTICE of Appearance filed by attorney Alexander K Mircheff on behalf of Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. (Mircheff, Alexander) |
| Filing 48 NOTICE of Appearance filed by attorney Dean J Kitchens on behalf of Defendants BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc. (Kitchens, Dean) |
|
Filing 47
ORDER Granting Stipulation #45 by Judge Mariana R. Pfaelzer. It is hereby Ordered as follows: 1. Plaintiff shall serve and file supplemental papers in support of the Motion to Remand no later than May 31, 2012 #20 ; 2. Defendants shall serve and file their opposition papers to the Motion to Remand no later than June 25, 2012; 3. Plaintiff shall serve and file reply papers in support of the Motion to Remand no later than July 10, 2012. 4. The hearing on the Motion to Remand shall take place on July 19, 2012 at 1:30 p.m. (lom)
|
| Filing 46 MEMORANDUM in Support of #20 Motion to Remand filed by Plaintiff Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.. (Holton, Mark) |
| Filing 45 STIPULATION for Order REGARDING SCHEDULE FOR MOTION TO REMAND filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 [PROPOSED] ORDER RAGARDING SCHEDULE FOR MOTION TO REMAND)(Pastuszenski, Brian) |
|
Filing 44
ORDER by Judge Mariana R. Pfaelzer: granting #38 Application to Appear Pro Hac Vice by Attorney Daniel P. Roeser on behalf of Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation, designating Lloyd Winawer as local counsel. (lt)
|
|
Filing 43
ORDER by Judge Mariana R. Pfaelzer: granting #37 Application to Appear Pro Hac Vice by Attorney Adam Slutsky on behalf of Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation, designating Lloyd Winawer as local counsel. (lt)
|
|
Filing 42
ORDER by Judge Mariana R. Pfaelzer: granting #39 Application to Appear Pro Hac Vice by Attorney Inez H. Friedman-Boyce on behalf of Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation and Countrywide Securities Corporation, designating Lloyd Winawer as local counsel. (lt)
|
| Filing 41 MINUTES OF Status Conference held before Judge Mariana R. Pfaelzer. The case is called and appearances are made. Court and counsel discuss the status of the case. The Court orders the parties to meet and confer and submit a stipulated briefing schedule and proposed order. Court Reporter: Cindy Nirenberg. (cs) |
|
Filing 40
ORDER by Judge Mariana R. Pfaelzer: granting #36 Request to Substitute Attorney Matthew W Close of O'Melveny & Myers LLP, as attorney of record in place and stead of Attorney Noelle M Reed of Skadden Arps et al for defendant Bank of America Corporation. (lom)
|
| Filing 39 APPLICATION for attorney Inez H. Friedman-Boyce to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10394111 paid.) filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Winawer, Lloyd) |
| Filing 38 APPLICATION for attorney Daniel P. Roeser to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10394093 paid.) filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Winawer, Lloyd) |
| Filing 37 APPLICATION for attorney Adam Slutsky to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10394018 paid.) filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Winawer, Lloyd) |
|
IN CHAMBER MINUTE ORDER by Judge Mariana R. Pfaelzer. Rescheduling the Status Conference previously set for hearing on 05/17/2012 1:30 pm has been rescheduled for Monday, 5/21/2012 at 2:00 PM before Judge Mariana R. Pfaelzer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cs) TEXT ONLY ENTRY
|
|
IN CHAMBER MINUTE ORDER by Judge Mariana R. Pfaelzer. The Court on its own motion takes the Status Conference previously scheduled for 05/17/2012 1:30 pm off calendar. This hearing will be re-set for another date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cs) TEXT ONLY ENTRY
|
| Filing 36 REQUEST to Substitute attorney Matthew W. Close in place of attorney Noelle M. Reed filed by defendant Bank of America Corporation. (Attachments: #1 Order On Request For Approval Of Substitution Of Attorney, #2 Certificate of Service)(Close, Matthew) |
| Filing 35 Based upon the Parties Stipulation dated May 7, 2012, and good cause appearing therefore, the Court reschedules the status conference from May 10, 2012, at 1:30 p.m., to May 17, 2012, at 1:30 p.m. #34 . (cs) |
| Filing 34 STIPULATION to Reschedule STATUS CONFERENCE filed by Defendants CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation. (Attachments: #1 Proposed Order [PROPOSED] ORDER REGARDING RESCHEDULING OF STATUS CONFERENCE)(Pastuszenski, Brian) |
| IN CHAMBER MINUTE ORDER - The Court hereby Orders the parties to appear on Thursday, May 10, 2012 at 1:30 p.m. for a Status Conference in this matter before Judge Mariana R. Pfaelzer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cs) TEXT ONLY ENTRY |
| Filing 30 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Southern |
| Filing 33 Letter to Counsel issued on case number 2:12-cv-3279 MRP (MANx). (esa) |
| Filing 29 JPML CONDITIONAL TRANSFER ORDER (certified copy) transferring case to Central District of California, Western Division to be included in MDL Docket No. 2265.(bthomas, ) [Transferred from Texas Southern on 4/23/2012.] |
| Interdistrict MDL transfer to Central District of California, Western Division. Case transferred electronically, filed. (bthomas, ) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 32 LETTER Requesting Transfer of MDL case to this District sent to Southern District of Texas re transfer of their case number 4:11-4188 for consolidation with 11-2265. (Attachments: #1 TRANSFER ORDER) (esa) |
| Filing 31 Copy of Conditional Transfer Order received from the Judicial Panel on Multidistrict Litigation. Transfer order filed by MDL panel on 4/16/12 regarding transfer of Case No. 4:11-CV-4188 from Southern District of Texas. Case assigned to Judge Mariana R. Pfaelzer for the purpose of pretrial proceedings. Case consolidated with 11-2265. (esa) |
| Filing 28 NOTICE of Change of Address by Grais & Ellsworth LLP, counsel for Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed. (Holton, Mark) [Transferred from Texas Southern on 4/23/2012.] |
|
Filing 27
ORDER that this case is administratively closed pending the transfer to the Judicial Panel on Multidistrict Litigation or the Judicial Panel on Multidistrict Litigation declines to transfer case, Case terminated on January 10, 2012.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
|
Filing 26
ORDER granting #23 Motion for Extension of Time.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
|
Filing 25
ORDER granting #22 Motion to Stay Pending the Judicial Panel on Multidistrict Litigation's Decision on Centralization.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
| Filing 24 JOINDER in #22 MOTION to Stay All Proceedings Pending JPML Decision on Centralization, filed by BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc.. (Robison, Brian) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 23 Unopposed MOTION for Extension of Time To Answer, Move, or Otherwise Respond to Plaintiff's Complaint by BNP Paribas Securities Corporation, Bank of America Corporation, CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation, Deutsche Bank Securities, Inc., filed. Motion Docket Date 1/30/2012. (Attachments: #1 Proposed Order)(Kruse, Layne) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 22 MOTION to Stay All Proceedings Pending JPML Decision on Centralization by CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation, filed. Motion Docket Date 1/27/2012. (Attachments: #1 Appendix A (Comparison to Allegations in MDL), #2 Affidavit (Declaration of Adam Slutsky), #3 Exhibit A (Dec. 7, 2011 Conditional Transfer Order), #4 Exhibit B (Dec. 14, 2011 Transfer Order), #5 Exhibit C (Aug. 15, 2011 Transfer Order), #6 Exhibit D (Dexia Order on Remand), #7 Exhibit E (Fed. Inv. Mgmt. Co. Order on Remand), #8 Exhibit F (Dec. 5, 2011 Notice of Related Action), #9 Exhibit G (Dec. 28, 2011 Motion To Vacate CTO), #10 Exhibit H (Dec. 14, 2011 Transfer Order), #11 Exhibit I (Sept. 8, 2011 Motion To Remand), #12 Proposed Order)(Kruse, Layne) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 21 BRIEF re: #20 MOTION to Remand by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed.(Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 20 MOTION to Remand by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed. Motion Docket Date 1/19/2012. (Attachments: #1 Exhibit Tab 1 - Slip Opinion, #2 Proposed Order Granting Motion to Remand)(Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 19 CERTIFICATE OF INTERESTED PARTIES by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed.(Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
|
Filing 18
ORDER granting #14 Motion to Appear Pro Hac Vice on behalf of Leanne M. Wilson.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
|
Filing 17
ORDER granting #13 Motion to Appear Pro Hac Vice on behalf of Mary G. Menge.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
|
Filing 16
ORDER granting #12 Motion to Appear Pro Hac Vice on behalf of Mark B. Holton.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
|
Filing 15
ORDER granting #11 Motion to Appear Pro Hac Vice on behalf of David J. Grais.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
| Filing 14 MOTION for Leanne M. Wilson to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed. Motion Docket Date 1/5/2012. (Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 13 MOTION for Mary G. Menge to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed. Motion Docket Date 1/5/2012. (Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 12 MOTION for Mark B. Holton to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed. Motion Docket Date 1/5/2012. (Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 11 MOTION for David J. Grais to Appear Pro Hac Vice by Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., filed. Motion Docket Date 1/5/2012. (Ronquillo, Marcos) [Transferred from Texas Southern on 4/23/2012.] |
|
Filing 10
ORDER granting #7 Motion for Extension of Time. Defendants have until 1/9/12 to answer, move or otherwise respond to Plaintiff's Original Petition for Damages.(Signed by Judge David Hittner) Parties notified.(ealexander, ) [Transferred from Texas Southern on 4/23/2012.]
|
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Bank of America Corporation, filed.(Reed, Noelle) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 8 CONSENT to Removal by Bank of America Corporation, filed.(Reed, Noelle) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 7 Unopposed MOTION for Extension of Time To Answer, Move, or Otherwise Respond by BNP Paribas Securities Corporation, Bank of America Corporation, CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation, Deutsche Bank Securities, Inc., filed. Motion Docket Date 1/3/2012. (Attachments: #1 Proposed Order)(Kruse, Layne) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 6 NOTICE of JPML Tag-Along by CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation, filed. (Attachments: #1 Exhibit A (Notice of Related Action), #2 Exhibit B (Order Establishing MDL), #3 Exhibit C (Conditional Transfer Order))(Kruse, Layne) [Transferred from Texas Southern on 4/23/2012.] |
|
Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/27/2012 at 02:00 PM in Courtroom 703 before Magistrate Judge Stephen Smith.(Signed by Judge David Hittner) Parties notified.(hcarr) [Transferred from Texas Southern on 4/23/2012.]
|
| Filing 4 CORPORATE DISCLOSURE STATEMENT by CWALT, Inc., CWMBS, Inc., Countrywide Financial Corporation, Countrywide Securities Corporation identifying Bank of America Corporation as Corporate Parent, filed.(Stokes, Peter) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 3 NOTICE of Interested Parties by BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc., filed. (Robison, Brian) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 2 CONSENT to Removal by BNP Paribas Securities Corporation, Deutsche Bank Securities, Inc., filed.(Robison, Brian) [Transferred from Texas Southern on 4/23/2012.] |
| Filing 1 NOTICE OF REMOVAL from 133rd Judicial District Court, case number 2011-67302 (Filing fee $ 350 receipt number 0541-8961827) filed by CWALT, Inc., Countrywide Securities Corporation, CWMBS, Inc., Countrywide Financial Corporation. (Attachments: #1 Civil Cover Sheet, #2 Appendix Index of Matters Being Filed, #3 Exhibit 1 (part 1) (Docket Sheet, Petition, and Summons), #4 Exhibit 1 (part 2) (Docket Sheet, Petition, and Summons), #5 Exhibit 2 (part 1) (Alliance Proof of Claim-First Case), #6 Exhibit 2 (part 2) (Alliance Proof of Claim - First Case), #7 Exhibit 3 (part 1) (Alliance Proof of Claim - Second Case), #8 Exhibit 3 (part 2) (Alliance Proof of Claim - Second Case), #9 Exhibit 4 (part 1) (American Home Proof of Claim), #10 Exhibit 4 (part 2) (American Home Proof of Claim), #11 Exhibit 4 (part 3) (American Home Proof of Claim), #12 Exhibit 5 (Cameron Proof of Claim), #13 Exhibit 6 (part 1) (ComUnity Proof of Claim), #14 Exhibit 6 (part 2) (ComUnity Proof of Claim), #15 Exhibit 6 (part 3) (ComUnity Proof of Claim), #16 Exhibit 6 (part 4) (ComUnity Proof of Claim), #17 Exhibit 6 (part 5) (ComUnity Proof of Claim), #18 Exhibit 7 (Fieldstone Proof of Claim), #19 Exhibit 8 (First NLC Proof of Claim), #20 Exhibit 9 (Premier Mortgage Proof of Claim), #21 Exhibit 10 (JPML Order), #22 Exhibit 11 (List of Counsel))(Kruse, Layne) (Attachment 3 & 4 replaced on 12/6/2011, to correct image filed upside down) (hcarr). [Transferred from Texas Southern on 4/23/2012.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
