Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust et al
| Consumer Financial Protection Bureau |
| National Collegiate Student Loan Trust 2007-2, National Collegiate Student Loan Trust 2003-1, National Collegiate Student Loan Trust 2006-2, National Collegiate Student Loan Trust 2007-4, National Collegiate Student Loan Trust 2007-1, National Collegiate Student Loan Trust 2005-1, National Collegiate Student Loan Trust 2006-3, National Collegiate Master Student Loan Trust, National Collegiate Student Loan Trust 2005-3, National Collegiate Student Loan Trust 2004-1, National Collegiate Student Loan Trust 2006-1, National Collegiate Student Loan Trust 2006-4, National Collegiate Student Loan Trust 2007-3, National Collegiate Student Loan Trust 2005-2 and National Collegiate Student Loan Trust 2004-2 |
| LibreMax Master Fund, Ltd., Waterfall Delta Offshore Master Fund, LP, Transworld Systems Inc., LibreMax Value Master Fund, Ltd., Ambac Assurance Corporation, Waterfall Eden Master Fund, Ltd., AG TCDRS, L.P., AG Pisgah, L.P., LibreMax MSW Fund, Ltd., AG Opportunistic Whole Loan Select, L.P., OWS Credit Opportunity I, LLC, GSS Data Services, Inc., AG Super RMBS LLC, One William Street Capital Master Fund, Ltd., AG Mortgage Value Partners Master Fund, L.P., OWS COF I Master, L.P., OWS Global Fixed Income Fund (USD-Hedged), Ltd., Baldr Sherwood Fund, Inc., OWS ABS Master Fund II, L.P. and Waterfall Sandstone Fund, LP. |
| McCarter & English, LLP |
| Structured Finance Industry Group Inc. |
| U.S Bank National Association |
| 1:2019mc00108 |
| April 29, 2019 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 32 CERTIFICATE OF SERVICE of Ambac Assurance Corp. and Objecting Noteholders' Motion to Continue to Seal and Declaration of Erik Haas in Support of Ambac and Objecting Noteholders' Motion to Continue to Seal by Ambac Assurance Corporation re #30 MOTION to Seal // Ambac Assurance Corporation and Objecting Noteholders' Motion to Continue Seal, #31 Declaration, (Donimirski, Melissa) |
| CORRECTING ENTRY: D.I. 32 has been deleted from the docket at the request of counsel. (dlw) |
| Filing 31 DECLARATION of Erik Haas re #30 MOTION to Seal // Ambac Assurance Corporation and Objecting Noteholders' Motion to Continue Seal by Ambac Assurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Heyman, Kurt) Modified on 6/25/2019 (dlw). |
| Filing 30 MOTION to Seal // Ambac Assurance Corporation and Objecting Noteholders' Motion to Continue Seal - filed by Ambac Assurance Corporation. (Attachments: #1 Text of Proposed Order [Proposed] Order)(Heyman, Kurt) Modified on 6/25/2019 (dlw). |
| CORRECTING ENTRY: Attachment #1 Exhibit A to D.I. 29 has been replaced with a version that is redacted in its entirety. (dlw) |
| Filing 29 REDACTED VERSION of #27 Declaration by Ambac Assurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B-S, #3 Exhibit T-U, #4 Exhibit V, #5 Exhibit W-Z, #6 Exhibit AA)(Donimirski, Melissa) Modified on 6/13/2019 (dlw). (Attachment 1 replaced on 6/19/2019) (dlw). |
| Filing 28 REDACTED VERSION of #25 Reply to Response to Motion, by Ambac Assurance Corporation. (Donimirski, Melissa) Modified on 6/13/2019 (dlw). |
| CORRECTING ENTRY: D.I. 25 has been replaced on the docket with a version that complies with the Local Rules. The footnotes now appear in 12 point type. See Local Rules 5.1.1(a) and 7.1.3(a)(2). (dlw) |
| Filing 27 [SEALED] DECLARATION of Erik Haas re #26 Declaration, #25 Reply to Response to Motion by Ambac Assurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B-S, #3 Exhibit T-U, #4 Exhibit V, #5 Exhibit W-Z, #6 Exhibit AA, #7 Certificate of Service)(Donimirski, Melissa) Modified on 6/13/2019 (dlw). |
| Filing 26 DECLARATION of James Zucker re #25 Reply to Response to Motion by Ambac Assurance Corporation. (Donimirski, Melissa) Modified on 6/13/2019 (dlw). |
| Filing 25 [SEALED] Joint REPLY of Intervenors Ambac Assurance Corporation and the Objecting Noteholders to Response to Motion re #7 filed by Ambac Assurance Corporation. (Attachments: #1 Certificate of Service)(Donimirski, Melissa) Modified on 6/13/2019 (dlw). (Main Document 25 replaced on 6/13/2019) (dlw). |
| Filing 24 NOTICE of Appearance by Andrew Dieter Cordo on behalf of AG Mortgage Value Partners Master Fund, L.P., AG Opportunistic Whole Loan Select, L.P., AG Super RMBS LLC, AG TCDRS, L.P., AG Pisgah, L.P., Baldr Sherwood Fund, Inc., LibreMax MSW Fund, Ltd., LibreMax Master Fund, Ltd., LibreMax Value Master Fund, Ltd., OWS COF I Master, L.P., OWS Credit Opportunity I, LLC, OWS Global Fixed Income Fund (USD-Hedged), Ltd., One William Street Capital Master Fund, Ltd., Waterfall Delta Offshore Master Fund, LP, Waterfall Eden Master Fund, Ltd., OWS ABS Master Fund II, L.P., Waterfall Sandstone Fund, LP. (Cordo, Andrew) |
| Filing 23 NOTICE of Appearance by Melissa N. Brochwicz Donimirski on behalf of Ambac Assurance Corporation (Donimirski, Melissa) |
| Filing 22 NOTICE of Appearance by Kurt M. Heyman on behalf of Ambac Assurance Corporation (Heyman, Kurt) |
| Filing 21 DECLARATION of Lance Gotthoffer re #20 Memorandum in Opposition by Chaitman LLP. (Attachments: #1 Exhibit 1 - 12)(dlw) |
| Filing 20 MEMORANDUM in Opposition re #10 Opening Brief in Support, filed by Chaitman LLP.Reply Brief due date per Local Rules is 6/12/2019. (dlw) |
Filing 19
ORAL ORDER re #18 Letter. Chaitman's request for an extension of time until 6/5/2019 to file its response to the Motion to Compel is GRANTED. ORDERED by Judge Maryellen Noreika on 5/31/2019. (dlw)
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| Filing 18 Letter to Court from Lance Gotthoffer regarding request to extend time for Chaitman to file its response to the motion to compel to June 5, 2019. (dlw) |
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SO ORDERED re #17 MOTION for Exception for leave to Appear without Local Counsel in the limited capacity of resolving the motion to compel. ORDERED by Judge Maryellen Noreika on 5/31/2019. (dlw)
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| Filing 17 Unopposed MOTION for Exception for Leave to Appear without Local Counsel - filed by Chaitman LLP. (Attachments: #1 Cover letter enclosing Motion)(dlw) |
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Filing 16
ORAL ORDER re #15 Letter. Chaitman's request for an extension of time until 5/31/2019 to file its response to the Motion to Compel is GRANTED. ORDERED by Judge Maryellen Noreika on 5/21/2019. (dlw)
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| Filing 15 Letter to Court from Lance Gotthoffer regarding request to extend time for Chaitman to file its response to the motion to compel to May 31, 2019. (dlw) |
| Filing 14 Letter to Court from Lance Gotthoffer regarding Chaitman will file its response to the motion to compel by May 22, 2019. (dlw) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 13 Record of case transferred in from District of New York Southern; Case Number in Other District: 1:19-mc-00209. Copy of Docket Sheet and original file |
| Remark: Case submitted for routine judicial assignment. (ceg) |
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Filing 12
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Ambac, Objecting Noteholders, and Chaitman, through their respective attorneys, that: 1. Ambac, Objecting Noteholders, and Chaitman consent to the transfer of the motion to compel filed by Ambac and Objecting Noteholders to the issuing court. 2. The so-ordering of this Stipulation by this Court shall effect the transfer of this proceeding, pursuant to Federal Rule of Civil Procedure 45(f), to the issuing court in CFPB v. National Collegiate Master Student Loan Trust, et al., No. 17-cv-01323-MN (D. Del.) (As further set forth in this Order.) Motions terminated: #5 MOTION to Transfer Case to the U.S. District for the District of Delaware. filed by AMBAC Assurance Corporation, #7 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to to produce documents responsive to a non-party subpoena. . Other Court Name: United States District Court - District of Delaware Other Court Case Number: 1:17-cv-0 filed by AMBAC Assurance Corporation. (Signed by Judge Analisa Torres on 4/26/2019) (cf) [Transferred from New York Southern on 4/29/2019.]
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by AMBAC Assurance Corporation. (Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware (cf) [Transferred from New York Southern on 4/29/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Lewis A. Kaplan is no longer assigned to the case. (wb) [Transferred from New York Southern on 4/29/2019.] |
| MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (ma) [Transferred from New York Southern on 4/29/2019.] |
| Filing 10 MEMORANDUM OF LAW in Support re: #7 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to to produce documents responsive to a non-party subpoena. . Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-0 . Document filed by AMBAC Assurance Corporation. (Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| Filing 9 DECLARATION of Erik Haas in Support re: #7 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to to produce documents responsive to a non-party subpoena. . Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-0. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A - letter dated 10/12/2015, #2 Exhibit B - electronic correspondence dated 5/17/2017, #3 Exhibit C - email dated 6/21/2017, #4 Exhibit D - letter dated 7/14/2017, #5 Exhibit E - email dated 8/14/2017, #6 Exhibit F - email dated 6/12/2017, #7 Exhibit G - subpoena dated 12/21/2018, #8 Exhibit H - letter dated 2/06/2019, #9 Exhibit I - email dated 2/12/2019, #10 Exhibit J - email dated 3/06/2019, #11 Exhibit K - subpoena dated 3/22/2019, directed to Chaitman LLP, #12 Exhibit L - The National Collegiate Master Student Loan Trust I - Trust Agreement, #13 Exhibit M - Executed Indenture, #14 Exhibit N - Execution Copy - General Indenture, #15 Exhibit O - email dated 4/05/2019)(Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| Filing 8 MISCELLANEOUS COVER SHEET filed. (Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| Filing 7 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to to produce documents responsive to a non-party subpoena. . Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-01323-GMS. Document filed by AMBAC Assurance Corporation.(Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Erik Haas to RE-FILE Document #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to produce documents responsive to a non-party subpoena. Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-01323-. Refile the initiating document for motion to compel then use the event type Miscellaneous Cover Sheet found under the event list Other Documents to refile the misc cover sheet seperately. (ma) [Transferred from New York Southern on 4/29/2019.] |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Transfer Case to the U.S. District for the District of Delaware. . Document filed by AMBAC Assurance Corporation. (Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| Filing 5 MOTION to Transfer Case to the U.S. District for the District of Delaware. Document filed by AMBAC Assurance Corporation.(Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ambac Financial Group, Inc. for AMBAC Assurance Corporation. Document filed by AMBAC Assurance Corporation.(Haas, Erik) [Transferred from New York Southern on 4/29/2019.] |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to produce documents responsive to a non-party subpoena. Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-01323- . Document filed by AMBAC Assurance Corporation. (Haas, Erik) Modified on 4/22/2019 (ma). [Transferred from New York Southern on 4/29/2019.] |
| Filing 2 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Erik Haas in Support re: #1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to produce documents responsive to a non-party subpoena. Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-01323-. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A - letter dated 10/12/2015, #2 Exhibit B - electronic correspondence dated 5/17/2017, #3 Exhibit C - email dated 6/21/2017, #4 Exhibit D - letter dated 7/14/2017, #5 Exhibit E - email dated 8/14/2017, #6 Exhibit F - email dated 6/12/2017, #7 Exhibit G - subpoena dated 12/21/2018, directed to Chaitman LLP, #8 Exhibit H - letter dated 2/06/2019, #9 Exhibit I - email dated 2/12/2019, #10 Exhibit J - email dated 3/06/2019, #11 Exhibit K - subpoena dated 3/22/2019, directed to Chaitman LLP, #12 Exhibit L - The National Collegiate Master Student Loan Trust I - Trust Agreement, #13 Exhibit M - Executed Indenture, #14 Exhibit N - Execution Copy - General Indenture, #15 Exhibit O - email dated 4/05/2019)(Haas, Erik) Modified on 4/22/2019 (ma). [Transferred from New York Southern on 4/29/2019.] |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Chaitman LLP to produce documents responsive to a non-party subpoena. Other Court Name: United States District Court - District of Delaware. Other Court Case Number: 1:17-cv-01323-GMS. (Filing Fee $ 47.00, Receipt Number ANYSDC-16734463)Document filed by AMBAC Assurance Corporation. (Attachments: #1 Civil Cover Sheet)(Haas, Erik) Modified on 4/22/2019 (ma). [Transferred from New York Southern on 4/29/2019.] |
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