National Credit Union Administration Board v. UBS Securities, LLC et al

Plaintiff: National Credit Union Administration Board
Defendant: UBS Securities, LLC and Mortgage Asset Securitization Transactions, Inc.
Case Number: 2:2012cv02591
Filed: September 6, 2012
Court: Kansas District Court
Office: Kansas City Office
County: Allen
Referring Judge: Gerald L. Rushfelt
Presiding Judge: Kathryn H. Vratil
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15:77
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
February 10, 2017 527 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff's motion (Doc. # 417 in UBS, Case No. 12-2591; Doc. # 381 in Credit Suisse, Case No. 12-2648) to exclude testimony by defendants' materiality expert, Ethan Cohen-Cole is hereby denied. Signed by District Judge John W. Lungstrum on 02/10/2017. (ses)
February 8, 2017 523 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED BY THE COURT THAT defendants' joint motion to exclude certain testimony by George Oldfield, plaintiff's due diligence expert, (Doc. # 438 in UBS, Case No. 12-2591; Doc. # 399 in Credit Suisse , Case No. 12-2648) is granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT defendants' joint motion to exclude certain testimony by various experts for plaintiff (Doc. # 430 in UBS, Case No. 12-2591 ; Doc. # 396 in Credit Suisse, Case No. 12-2648) is granted in part and denied in part, as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiff's motion to exclude certain testimony by Arnold Barnett, defendants' sampling expert, (Doc. # 387 in Credit Suisse, Case No. 12-2648) is denied. Signed by District Judge John W. Lungstrum on 02/08/2017. (ses)
January 31, 2017 521 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff's motion for summary judgment on certain defenses (Doc. # 442 in UBS, Case No. 12-2591; Doc. # 401 in Credit Suisse, Case No. 12-2648) as it relates to defendants' knowledge defenses and certain of defendants' limitations defenses is granted, and plaintiff is awarded judgment on those defenses as set forth herein. IT IS FURTHER ORDERED BY THE COURT THAT plaintiff's motion for summary judgment on UBS& #039;s due diligence and reasonable care defenses (Doc. # 435 in UBS, Case No. 12-2591) is granted in part and denied in part. The motion is granted with respect to defendant Mortgage Asset Securitization Transactions, Inc. (MASTR) and with respec t to the NAA 2006-AR4 securitization, and plaintiff is awarded judgment to that extent. The motion is otherwise denied.IT IS FURTHER ORDERED THAT plaintiff's motion for summary judgment on Credit Suisse's due diligence and reasonable care defenses (Doc. # 393 in Credit Suisse, Case No. 12-2648) is granted in part and denied in part. The motion is granted with respect to defendant Credit Suisse First Boston Mortgage Securities Corp. (CSFB) and with respect to the INDYL 2006-L2 securit ization, and plaintiff is awarded judgment to that extent. The motion is otherwise denied.IT IS FURTHER ORDERED THAT plaintiff's motion to exclude expert testimony by Gary Lawrence and Charles Grice (Doc. # 419 in UBS, Case No. 12-2591; Doc. # 383 in Credit Suisse, Case No. 12-2648) is denied. Signed by District Judge John W. Lungstrum on 01/31/2017. (ses)
January 19, 2017 488 Opinion or Order of the Court MEMORANDUM AND ORDER - It is ordered that defendants' separate motions for summary judgment with respect to certain alleged misrepresentations and omissions (Doc. # 437 in UBS, Case No. 12-2591; Doc. # 403 in Credit Suisse, Case No. 12-2648) are granted in part and denied in part, as set forth herein.Plaintiff's motion to exclude certain testimony by defendants' reunderwriting rebuttal experts, W. Barefoot Bankhead (UBS) and Peter Kempf (Credit Suisse), (Doc. # 423 in UBS, C ase No. 12-2591; Doc. # 389 in Credit Suisse, Case No. 12-2648) is denied.Defendants' separate motions to exclude certain testimony by plaintiff's reunderwriting experts, Richard Payne (UBS) and Steven Butler (Credit Suisse), (Doc. # 432 in UBS, Case No. 12-2591; Doc. # 405 in Credit Suisse, Case No. 12-2648) are granted in part and denied in part, as set forth herein.Defendants' joint motion to exclude certain credit risk opinions by plaintiff's experts (Doc. # 427 in UB S, Case No. 12-2591; Doc. # 394 in Credit Suisse, Case No. 12-2648) is granted in part and denied in part, as set forth herein. Signed by District Judge John W. Lungstrum on 01/19/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses)
December 30, 2016 484 Opinion or Order of the Court MEMORANDUM AND ORDER - It is ordered that defendants' motion for partial summary judgment relating to damages (Doc. # 445 in Case No. 12-2591; Doc. # 407 in Case No. 12-2648) is hereby denied. It is further ordered that plaintiff's moti ons to exclude testimony by Andrew Carron (Doc. # 425 in Case No. 12-2591) and to exclude testimony by Christopher James (Doc. # 391 in Case No. 12-2648) are hereby granted in part and denied in part. The motions are granted with respect to those experts' deductions of post-suit principal payments in determining damages under Section 11 in the event that the NGN transactions are found not to have been dispositions, and such testimony shall be excluded. The motions are otherwise denied. Signed by District Judge John W. Lungstrum on 12/30/2016. (ses)
December 20, 2016 483 Opinion or Order of the Court MEMORANDUM AND ORDER - It is ordered that plaintiff's motion for summary judgment (Doc. # 442 in Case No. 12-2591; Doc. # 401 in Case No. 12-2648) is granted in part and denied in part to the extent related to loss causation. The motion is gr anted with respect to defendants' assertion of loss causation as a defense to the California and Kansas statutory claims, and plaintiff is awarded judgment on those defenses. The motion is denied with respect to loss causation as a defense to t he federal statutory claims. The motion otherwise remains pending. Plaintiff's motion (Doc. # 385 in Case No. 12-2648) to exclude testimony by William Goetzmann and plaintiff's motion (Doc. # 421 in Case No. 12-2591) to exclude testimon y by William Greene are granted in part and denied in part. The motions are granted with respect to those experts' opinions relying on their regression analyses that employed certain benchmark samples, and any such testimony is precluded. The motions are otherwise denied. Plaintiff's motion (Doc. # 425 in Case No. 12-2591) to exclude testimony by Andrew Carron is denied to the extent related to loss causation. The motion otherwise remains pending. defendants' motion to excl ude (Doc. # 430 in Case No. 12-2591; Doc. # 396 in Case No. 12-2648) is granted in part and denied in part to the extent related to testimony by James Barth and Anthony Saunders. The motion is granted with respect to any opinion by Dr. Saunders th at subordination levels would have been higher but for the particular misrepresentations alleged in these cases. The motion is otherwise denied as it relates to those expert witnesses. The motion remains pending as it relates to other expert witnesses. Signed by District Judge John W. Lungstrum on 12/20/2016. (ses)
May 27, 2015 268 Opinion or Order of the Court MEMORANDUM AND ORDER granting (224) Plaintiff's Motion for Reconsideration in case 2:12-cv-02591-JWL-JPO; granting (225) Plaintiff's Motion for Reconsideration in case 2:12-cv-02648-JWL-JPO; and denying (172) Plaintiff's Motion for Reconsideration in case 2:13-cv-02418-JWL-JPO. Signed by District Judge John W. Lungstrum on 05/27/2015. (ses)
February 25, 2015 214 Opinion or Order of the Court MEMORANDUM AND ORDER granting in part and denying in part 202 defendant UBS's Motion to Dismiss. Signed by District Judge John W. Lungstrum on 02/25/2015. (ses) (Main Document 214 replaced on 2/25/2015 to correct signature date. NEF regenerated.) (mg))
November 4, 2014 190 Opinion or Order of the Court ORDER concerning the collection of sample loan files. Signed by Magistrate Judge James P. O'Hara on 11/3/2014. (ah)
October 3, 2014 185 Opinion or Order of the Court ORDER AMENDING MASTER DISCOVERY PROTOCOL. Signed by Magistrate Judge James P. O'Hara on 10/3/2014. (ah)
September 24, 2014 180 Opinion or Order of the Court ORDER regarding fact deposition limits. Order originally filed in the Southern District of New York on 9/23/2014. Signed by Magistrate Judge James P. O'Hara on 9/24/2014. (ah)
August 11, 2014 174 Opinion or Order of the Court ORDER regarding scheduling objections to loan files (originally filed in the Southern District of New York on 8/11/2014). Signed by Magistrate Judge James P. O'Hara on 8/11/2014. (ah)
July 14, 2014 170 Opinion or Order of the Court ORDER regarding sample loan files (originally filed in the Southern District of New York on 7/14/2014). Signed by Magistrate Judge James P. O'Hara on 7/14/2014. (ah)
July 9, 2014 165 Opinion or Order of the Court ORDER regarding defenses based on indispensable parties. Signed by Magistrate Judge James P. O'Hara on 7/9/2014. (ah)
July 1, 2014 160 Opinion or Order of the Court ORDER extending deadline for production of third-party transcripts (originally filed in the Southern District of New York on 7/1/2014). The order is approved by the undersigned and shall be binding in this case. Signed by Magistrate Judge James P. O'Hara on 7/1/2014.(ah)
June 18, 2014 155 Opinion or Order of the Court ORDER extending deadline for production of third-party transcripts (originally filed in the Southern District of New York on 6/17/2014). The order is approved by the undersigned and shall be binding in this case. Signed by Magistrate Judge James P. O'Hara on 6/18/2014. (ah)
June 16, 2014 153 Opinion or Order of the Court ORDER Regarding Joinder of Parties. Signed by Magistrate Judge James P. O'Hara on 6/16/2014. (ah)
June 6, 2014 149 Opinion or Order of the Court ORDER TO SHOW CAUSE regarding joinder of indispensable parties (originally filed in the Southern District of New York on 6/2/2014). The order is approved by the undersigned and shall be binding in this case, to the extent such defenses have been raised (the court's review indicates such defenses were raised only in case numbers 12-2591 and 13-2418). Signed by Magistrate Judge James P. O'Hara on 6/6/2014. (ah)
June 5, 2014 148 Opinion or Order of the Court ORDER regarding Goldman Sachs document custodians (originally filed in the Southern District of New York on 6/4/2014). The order is approved by the undersigned and shall be binding in this case (particularly as it relates to redaction and mindful that Goldman Sachs is not a party to this particular case). Signed by Magistrate Judge James P. O'Hara on 6/4/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ah)
April 30, 2014 136 Opinion or Order of the Court MEMORANDUM AND ORDER granting 66 Plaintiff's Motion in Limine regarding statistical sampling testimony. Signed by District Judge John W. Lungstrum on 04/30/2014. (ses)
January 27, 2014 94 Opinion or Order of the Court STIPULATED PROTECTIVE ORDER. The court finds good cause to enter the protective order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 1/27/2014. (ah)
September 3, 2013 72 Opinion or Order of the Court MEMORANDUM AND ORDER - The 21 Defendants' Motion to Dismiss is granted in part and denied in part. The motion is granted with respect to all claims against defendant MAST, which claims are hereby dismissed. The motion is granted with respect to plaintiffs claims against defendant UBS based on 10 particular certificates, as set forth more specifically herein. The motion is otherwise denied. Signed by District Judge John W. Lungstrum on 9/3/2013. (ses)

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Plaintiff: National Credit Union Administration Board
Represented By: Rachel E. Schwartz
Represented By: Norman E. Siegel
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Defendant: UBS Securities, LLC
Represented By: Thomas P. Schult
Represented By: John W. Shaw
Represented By: Jennifer B. Wieland
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Defendant: Mortgage Asset Securitization Transactions, Inc.
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