National Credit Union Administration Board v. Credit Suisse Securities (USA) LLC et al
| National Credit Union Administration Board |
| Credit Suisse Securities (USA) LLC, Credit Suisse First Boston Mortgage Securities Corp. and Indymac MBS, Inc. |
| 2:2012cv02648 |
| October 4, 2012 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Wyandotte |
| John W. Lungstrum |
| James P. O'Hara |
| Securities/Commodities |
| 15 U.S.C. ยง 77 Securities Fraud |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
495
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)
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Filing
491
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)
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Filing
489
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 respect 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 d efenses (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 securi tization, 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. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses)
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Filing
453
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, Cas e 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 i n 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 UBS, 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. (ses)
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Filing
447
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 motio ns 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 e xperts' 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)
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Filing
446
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 granted 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 t o the 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 test imony 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 ex clude (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 that 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)
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Filing
233
ORDER concerning Credit Suisse's interrogatory responses. Signed by Magistrate Judge James P. O'Hara on 3/27/2015. (ah)
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Filing
208
MEMORANDUM AND ORDER granting in part and denying in part 197 Credit Suisse defendants' Motion to Dismiss. Signed by District Judge John W. Lungstrum on 02/25/2015. (ses) (Main Document 208 replaced on 2/25/2015 to correct signature date. NEF regenerated.) (mg))
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Filing
185
ORDER concerning the collection of sample loan files. Signed by Magistrate Judge James P. O'Hara on 11/3/2014. (ah)
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Filing
181
ORDER AMENDING MASTER DISCOVERY PROTOCOL. Signed by Magistrate Judge James P. O'Hara on 10/3/2014. (ah)
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Filing
176
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)
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Filing
172
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)
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Filing
170
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)
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Filing
166
ORDER regarding defenses based on indispensable parties. Signed by Magistrate Judge James P. O'Hara on 7/9/2014. (ah)
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Filing
161
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)
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Filing
157
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)
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Filing
153
ORDER regarding joinder of parties. Signed by Magistrate Judge James P. O'Hara on 6/16/2014. (ah)
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Filing
151
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)
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Filing
149
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 6/5/2014. (ah)
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Filing
135
MEMORANDUM AND ORDER granting 71 Plaintiff's Motion in Limine regarding statistical sampling testimony. Signed by District Judge John W. Lungstrum on 04/30/2014. (ses)
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Filing
97
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)
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Filing
70
MEMORANDUM AND ORDER - In summary, the Court is not persuaded that it erred in its previous ruling 47 , and it reaffirms that ruling that plaintiffs tolling agreement with defendants is not effective in extending the applicable three-year limitations period under the Extender Statute. Signed by District Judge John W. Lungstrum on 7/10/2013. (ses)
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Filing
47
MEMORANDUM AND ORDER - The Credit Suisse defendants motion to dismiss 23 is granted in part and denied in part. The motion is granted with respect to all of plaintiffs state-law claims, as well as plaintiffs federal claims based on 12 particular certificates, as set forth herein, which are time-barred. The motion is denied with respect to plaintiffs federal claims based on the other eight certificates. Signed by District Judge John W. Lungstrum on 4/8/2013. (ses)
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