Massachusetts Mutual Life Insurance Company v. DB Structured Products, Inc. et al
Plaintiff: Massachusetts Mutual Life Insurance Company and Federal Deposit Insurance Corporation - Receiver
Defendant: DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Ace Securities Corp., Deutshe Bank Securities, Inc., Anilesh Ahuja, Jeffrey Lehocky, Michael Commaroto, Joseph Rice, Richard D'Albert, Richard Ferguson, Douglas Johnson, Evelyn Echevarria and Juliana Johnson
Not Classified By Court: OneWest Bank, FSB
Case Number: 3:2011cv30039
Filed: February 16, 2011
Court: US District Court for the District of Massachusetts
Office: Springfield Office
County: Hampden
Presiding Judge: Mark G Mastroianni
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 13, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2015 Filing 758 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. ORDER CLOSING ORDER DISMISSING CASE. In accordance with the ORDER (Docket No.757 ) entered on August 13, 2015, this caseis hereby dismissed and closed with prejudice.SO ORDERED.(Pelegano, Theresa)
August 13, 2015 Filing 757 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #743 Joint MOTION for Order to Dismiss with Prejudice "Joint Motion for Order of Voluntary Dismissal With Prejudice" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. The case is order dismissed and closed with prejudice. (Pelegano, Theresa)
August 13, 2015 Filing 756 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #655 Motion in Limine laintiff's Motion in Limine No. 5 to Preclude Evidence or Argument Regarding Its Reliance or Lack of Reliance on Defendants' Misrepresentations and Omissions in the Offering Materials; finding as moot #658 Motion in Limine Defendants' Motion in Limine No. 6 to Exclude Evidence and Argument Relating to Alleged Oral Assurances Made by Defendants to Plaintiff; finding as moot #661 Motion in Limine Plaintiff's Motion in Limine No. 9 to Preclude Evidence or Argument Regarding Plaintiff's Knowledge of Originators and Aggregators Not at Issue and General Knowledge of the Housing and RMBS Markets; finding as moot #664 Motion in Limine Defendants' Motion in Limine No. 7 to Preclude Evidence or Argument Related to Deutsche Bank's Growth in the RMBS Business. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 755 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #647 Motion in Limine Plaintiff's Motion in Limine No. 7 to Preclude Evidence or Argument Regarding Irrelevant MassMutual Entities and Businesses; finding as moot #648 Motion in Limine Defendants' Motion in Limine No. 5 to Exclude References To or Use by Dr. Saunders (or Other Witnesses) of Certain Inadmissible and Prejudicial Academic Studies; finding as moot #653 Motion in Limine laintiff's Motion in Limine No. 8 to Preclude Evidence or Argument Regarding Dismissed Claims No Longer Asserted in This Action. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 754 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #638 Motion in Limine Defendant's Motion to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum; finding as moot #640 Motion in Limine laintiff's Motion in Limine No. 10 to Preclude Evidence or Argument Regarding Termination of Employees at Babson Capital Management LLC; finding as moot #643 Motion in Limine Plaintiff's Motion in Limine No. 11 to Exclude Evidence or Argument Regarding Cautionary Language in the Offering Materials. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 753 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #629 Motion in Limine Defendants' Motion to Exclude the Opinion and Testimony of Plaintiff's Expert Mark Sunshine; finding as moot #633 Motion to Strike Defendants' Motion to Strike the Supplemental Opinions of Steven I. Butler Regarding New "Defect Findings" and Charles D. Cowan's Supplemental Opinions Based on Such Findings; finding as moot #636 Motion to Seal to Seal Under Local Rule 7.2. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 752 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #722 Motion to Seal. (Finn, Mary) Modified on 8/13/2015 to delete that doc. #743 JOINT for Order to Dismiss with prejudice was ruled on as finding as moot - motion to be re-opened. (Finn, Mary).
August 13, 2015 Filing 751 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #620 Motion in Limine Defendants' Motion in Limine No. 4 to Preclude the Testimony and Certain Documents of Greg Lippmann and Evidence of Any Short Positions in RMBS Taken by Deutsche Bank; finding as moot #623 Motion to Strike Defendants' Motion to Strike Charles Cipione From Plaintiff's Trial Witness List and Preclude Any Documents or Analysis Created by Mr. Cipione ; finding as moot #626 Motion in Limine No. 4 to Preclude Evidence or Argument Regarding Plaintiff's Actual Losses, Its Responses to Those Losses, and What It Learned After Defendants Last Certificate Sale. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 750 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #694 Motion for Extension of Time to File Response/Reply ; finding as moot #713 Motion to Seal; finding as moot #717 Motion to Seal - the case having been settled. (Finn, Mary)
August 13, 2015 Filing 749 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #686 Motion regarding Trial Witnesses Appearances; finding as moot #692 Motion Plaintiffs request to permit equipment in the Courtroom ; finding as moot #693 Motion for Order regarding electronic equipment and set-up request - the case having settled. (Finn, Mary)
August 13, 2015 Filing 748 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #600 MOTION ADMISSIBILITY OF LOAN FILES PRODUCED BY CITADEL LLC ; finding as moot #614 Motion in Limine e Defendants' Motion In Limine No. 2 to Exclude Certain Testimony and Opinions of Dr. John A. Kilpatrick and Dr. Charles D. Cowan; finding as moot #617 Motion in Limine Defendants' Motion In Limine No. 3 to Exclude Evidence and Argument Regarding Steven I. Butler's Minimum Industry Standards. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 747 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #668 Motion in Limine; finding as moot #670 Motion in Limine; finding as moot #679 Motion for Reconsideration ; finding as moot #668 Motion for Hearing; finding as moot #668 Motion for Hearing; finding as moot #679 Motion for Leave to File Document ; finding as moot #679 Motion to Stay; finding as moot #679 Motion for Leave to File Document ; finding as moot #679 Motion to Stay - the case having been settled. (Finn, Mary)
August 13, 2015 Filing 746 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #590 Motion in Limine Defendants' Motion to Exclude Certain Opinions and Testimony of James H. Aronoff; finding as moot #593 Motion in Limine No. 1 to Exclude Evidence and Argument Relating to Appraiser Petition (Plaintiff's Exhibit No. 3884); finding as moot #597 Motion in Limine to Exclude the Opinions and Testimony of Defendants' Expert Jerry A. Hausman. The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 745 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #555 Motion in Limine to Preclude Evidence or Argument That Trade Dates Occurred Before Prospectus Supplements Issued; finding as moot #581 Motion for admissibility of Loan Files Produced ; finding as moot #585 Motion in Limine to Preclude Evidence or Argument Re: Plaintiff's Purported Sophistication...The motions are moot the case has settled. (Pelegano, Theresa)
August 13, 2015 Filing 744 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered finding as moot #533 Motion in Limine Motion to exclude the Opinions and Testimony of Defendants Expert Torous; finding as moot #548 Motion in Limine to Preclude Defendant's from Offering Evidence Re: Ongoing Business; finding as moot #552 Motion in Limine to Exclude Certain Opinions and testimony of Defendant's Expert Grice . The motions are moot the case has settled. (Pelegano, Theresa)
August 12, 2015 Filing 743 Joint MOTION for Order to Dismiss with Prejudice "Joint Motion for Order of Voluntary Dismissal With Prejudice" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
July 14, 2015 Filing 742 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
July 14, 2015 Filing 741 Transcript of Status Conference held on July 6, 2015, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 8/4/2015. Redacted Transcript Deadline set for 8/14/2015. Release of Transcript Restriction set for 10/12/2015. (Scalfani, Deborah)
July 6, 2015 Filing 740 Set/Reset Deadlines: Status Report due by 7/16/2015 (Pelegano, Theresa)
July 6, 2015 Filing 739 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 7/6/2015. Case is stayed for 10 days pending final settlement approval based on good faith representation made by counsel. Status report due 7/16/15.(Court Reporter: Alice Moran at alice.moran@verizon.net.)(Attorneys present: Selendy, William, Egan, Rice Woll, Russell) (Pelegano, Theresa)
July 2, 2015 Filing 738 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Massachusetts Mutual Life Insurance Company re #714 Opposition to Motion, to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum. (Stephens, Molly)
July 2, 2015 Filing 737 DECLARATION re #736 Opposition to Motion, Declaration of Erik Risendal in Support of Defendants' Opposition to Plaintiff's Motion In Limine No. 5 to Preclude Evidence or Argument Regarding its Reliance or Lack of Reliance on Defendants' Misrepresentations and Omissions in the Offering Materials by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Weinman, Kathy)
July 2, 2015 Filing 736 Opposition re #655 MOTION in Limine Plaintiff's Motion in Limine No. 5 to Preclude Evidence or Argument Regarding Its Reliance or Lack of Reliance on Defendants' Misrepresentations and Omissions in the Offering Materials filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 735 DECLARATION re #733 Opposition to Motion, Declaration of Erika H. Burk In Support of Defendants' Opposition to Plaintiff's Motion In Limine No. 7 to Preclude Evidence or Argument Regarding Irrelevant MassMutual Entities and Businesses by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Weinman, Kathy)
July 2, 2015 Filing 734 AFFIDAVIT in Opposition re #617 MOTION in Limine Defendants' Motion In Limine No. 3 to Exclude Evidence and Argument Regarding Steven I. Butler's Minimum Industry Standards MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Stephens, Molly)
July 2, 2015 Filing 733 Opposition re #647 MOTION in Limine Plaintiff's Motion in Limine No. 7 to Preclude Evidence or Argument Regarding Irrelevant MassMutual Entities and Businesses filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 732 DECLARATION re #731 Opposition to Motion, Declaration of Meredith C. Duffy in Support of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion In Limine No. 8 to Preclude Evidence or Argument Regarding Plaintiff's Knowledge of Originators and Aggregators Not at Issue and General Knowledge of the Housing and RMBS Markets by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Weinman, Kathy)
July 2, 2015 Filing 731 Opposition re #661 MOTION in Limine Plaintiff's Motion in Limine No. 9 to Preclude Evidence or Argument Regarding Plaintiff's Knowledge of Originators and Aggregators Not at Issue and General Knowledge of the Housing and RMBS Markets filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 730 DECLARATION re #729 Opposition to Motion, Declaration of Elizabeth J. Shutkin in Support of Defendants' Opposition to Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Jerry A. Hausman by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Weinman, Kathy)
July 2, 2015 Filing 729 Opposition re #597 MOTION in Limine to Exclude the Opinions and Testimony of Defendants' Expert Jerry A. Hausman filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 728 DECLARATION re #723 Opposition to Motion, Declaration of Erika H. Burk in Support of Defendants' Opposition to Plaintiff's Motion In Limine No. 3 to Preclude Evidence or Argument Regarding Plaintiff's Sophistication, Appetite for Investment Risk, or Purchases of Securities Not at Issue in this Case by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Weinman, Kathy)
July 2, 2015 Filing 727 Opposition re #617 MOTION in Limine Defendants' Motion In Limine No. 3 to Exclude Evidence and Argument Regarding Steven I. Butler's Minimum Industry Standards MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 726 DECLARATION re #719 Opposition to Motion, Declaration of Harry A. Olivar, Jr. in Support of Plaintiff's Opposition to Defendants' Motion in Limine No. 8 to Preclude Argument and Evidence Relating to Governmental Investigations or Other Litigations by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Olivar, Harry)
July 2, 2015 Filing 725 AFFIDAVIT of Molly Stephens in Opposition re #648 MOTION in Limine Defendants' Motion in Limine No. 5 to Exclude References To or Use by Dr. Saunders (or Other Witnesses) of Certain Inadmissible and Prejudicial Academic Studies MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Stephens, Molly)
July 2, 2015 Filing 724 Opposition re #648 MOTION in Limine Defendants' Motion in Limine No. 5 to Exclude References To or Use by Dr. Saunders (or Other Witnesses) of Certain Inadmissible and Prejudicial Academic Studies MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 723 Opposition re #585 MOTION in Limine No. 3 to Preclude Evidence or Argument Regarding Plaintiff's Purported Sophistication, Its Alleged Appetite for Investment Risk, or Its Purchases of Securities Not at Issue in This Case filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy)
July 2, 2015 Filing 722 Assented to MOTION to Seal Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
July 2, 2015 Filing 721 Opposition re #590 MOTION in Limine Defendants' Motion to Exclude Certain Opinions and Testimony of James H. Aronoff filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 720 DECLARATION re #718 Memorandum in Opposition to Motion, Stephens Declaration in Support of Opposition to Defendants Motion in Limine No. 2 to Exclude Certain Testimony and Opinions of Dr. John A Kilpatrick by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Stephens, Molly)
July 2, 2015 Filing 719 Opposition re #668 MOTION in Limine Defendants' Motion in Limine No. 8 to Preclude Argument and Evidence Relating to Governmental Investigations or Other Litigations MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Olivar, Harry)
July 2, 2015 Filing 718 MEMORANDUM in Opposition re #614 MOTION in Limine Defendants' Motion In Limine No. 2 to Exclude Certain Testimony and Opinions of Dr. John A. Kilpatrick and Dr. Charles D. Cowan MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 717 Assented to MOTION to Seal Motion for Impoundment Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Olivar, Harry)
July 2, 2015 Filing 716 AFFIDAVIT of Molly Stephens in Opposition re #638 MOTION in Limine Defendant's Motion to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Stephens, Molly)
July 2, 2015 Filing 715 DECLARATION re #711 Memorandum in Opposition to Motion Declaration of Harry A. Olivar, Jr. in Support of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion in Limine No. 1 to Exclude Evidence and Argument Relating to Appraiser Petition (Plaintiff's Exhibit No. 3884) by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Olivar, Harry)
July 2, 2015 Filing 714 Opposition re #638 MOTION in Limine Defendant's Motion to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 713 Assented to MOTION to Seal Motion for Impoundment of Confidential Materials Attached to the Stephens Declaration (Dkt. No. 706) in Support of Opp to Motion to Exclude Mark Sunshine by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
July 2, 2015 Filing 712 DECLARATION re #709 Opposition to Motion, Declaration of Meredith C. Duffy in Support of Defendants' Opposition to Plaintiff's Motion In Limine No. 10 to Preclude Evidence or Argument Regarding Termination of Employees at Babson Capital Management LLC by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Weinman, Kathy)
July 2, 2015 Filing 711 MEMORANDUM in Opposition re #593 MOTION in Limine No. 1 to Exclude Evidence and Argument Relating to Appraiser Petition (Plaintiff's Exhibit No. 3884) filed by Massachusetts Mutual Life Insurance Company. (Olivar, Harry)
July 2, 2015 Filing 710 AFFIDAVIT of Molly Stephens in Opposition re #620 MOTION in Limine Defendants' Motion in Limine No. 4 to Preclude the Testimony and Certain Documents of Greg Lippmann and Evidence of Any Short Positions in RMBS Taken by Deutsche Bank MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Stephens, Molly)
July 2, 2015 Filing 709 Opposition re #640 MOTION in Limine Plaintiff's Motion in Limine No. 10 to Preclude Evidence or Argument Regarding Termination of Employees at Babson Capital Management LLC filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 708 DECLARATION re #705 Opposition to Motion, Declaration of Elizabeth J. Shutkin in Support of Defendants' Opposition to Plaintiff's Motion In Limine No. 4 to Preclude Evidence or Argument Regarding Its "Actual" Losses, Its Responses to Those Losses, and What It Learned After Defendants' Last Certificate Sale by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Weinman, Kathy)
July 2, 2015 Filing 707 Opposition re #620 MOTION in Limine Defendants' Motion in Limine No. 4 to Preclude the Testimony and Certain Documents of Greg Lippmann and Evidence of Any Short Positions in RMBS Taken by Deutsche Bank MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 706 DECLARATION re #704 Opposition to Motion, Declaration of Molly Stephens in Support of Plaintiff's Opposition to Defendants' Motion to Exclude Plaintiff's Expert Mark Sunshine [REDACTED] by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1 [REDACTED])(Stephens, Molly)
July 2, 2015 Filing 705 Opposition re #626 MOTION in Limine No. 4 to Preclude Evidence or Argument Regarding Plaintiff's Actual Losses, Its Responses to Those Losses, and What It Learned After Defendants Last Certificate Sale filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 704 Opposition re #629 MOTION in Limine Defendants' Motion to Exclude the Opinion and Testimony of Plaintiff's Expert Mark Sunshine MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 703 AFFIDAVIT of Molly Stephens in Opposition re #664 MOTION in Limine Defendants' Motion in Limine No. 7 to Preclude Evidence or Argument Related to Deutsche Bank's Growth in the RMBS Business MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Stephens, Molly)
July 2, 2015 Filing 702 Opposition re #664 MOTION in Limine Defendants' Motion in Limine No. 7 to Preclude Evidence or Argument Related to Deutsche Bank's Growth in the RMBS Business MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 701 AFFIDAVIT of Molly Stephens in Opposition re #658 MOTION in Limine Defendants' Motion in Limine No. 6 to Exclude Evidence and Argument Relating to Alleged Oral Assurances Made by Defendants to Plaintiff MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Stephens, Molly)
July 2, 2015 Filing 700 Opposition re #658 MOTION in Limine Defendants' Motion in Limine No. 6 to Exclude Evidence and Argument Relating to Alleged Oral Assurances Made by Defendants to Plaintiff MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 699 DECLARATION re #698 Opposition to Motion, Declaration of Meredith C. Duffy in Support of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion In Limine No. 8 to Preclude Evidence or Argument Regarding Dismissed Claims No Longer Asserted in this Action by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Weinman, Kathy)
July 2, 2015 Filing 698 Opposition re #653 MOTION in Limine Plaintiff's Motion in Limine No. 8 to Preclude Evidence or Argument Regarding Dismissed Claims No Longer Asserted in This Action filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 697 Opposition re #643 MOTION in Limine Plaintiff's Motion in Limine No. 11 to Exclude Evidence or Argument Regarding Cautionary Language in the Offering Materials filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 696 DECLARATION re #695 Opposition to Motion Declaration of Meredith C. Duffy in Support of Defendants' Opposition to Plaintiff's Motion for Admissibility of Loan Files Produced By Citadel LLC by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Weinman, Kathy)
July 2, 2015 Filing 695 Opposition re #600 MOTION ADMISSIBILITY OF LOAN FILES PRODUCED BY CITADEL LLC filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 2, 2015 Filing 694 Joint MOTION for Extension of Time to July 3, 2015 to File Response/Reply as to #633 MOTION to Strike Defendants' Motion to Strike the Supplemental Opinions of Steven I. Butler Regarding New "Defect Findings" and Charles D. Cowan's Supplemental Opinions Based on Such Findings MOTION for Hearing by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
July 2, 2015 Filing 693 MOTION for Order to Regarding Electronic Equipment and Set-up Request by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Proposed Order)(Weinman, Kathy)
July 2, 2015 Filing 692 MOTION PLAINTIFFS REQUEST TO PERMIT EQUIPMENT IN THE COURTROOM by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
July 2, 2015 Filing 691 DECLARATION re #690 Opposition to Motion, Declaration of Molly Stephens in Support of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Strike Charles Cipione From MassMutual's Trial Witness List and Preclude Any Documents or Analysis Created by Him by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stephens, Molly)
July 2, 2015 Filing 690 Opposition re #623 MOTION to Strike Defendants' Motion to Strike Charles Cipione From Plaintiff's Trial Witness List and Preclude Any Documents or Analysis Created by Mr. Cipione MOTION in Limine MOTION for Hearing filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 2, 2015 Filing 689 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #632 Motion to Seal; granting #667 Motion to Seal; granting #678 Motion to Seal. (Finn, Mary)
July 1, 2015 Filing 688 DECLARATION re #687 Opposition to Motion, Declaration of Meredith C. Duffy by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Weinman, Kathy)
July 1, 2015 Filing 687 Opposition re #670 MOTION in Limine Plaintiff's Motion in Limine No. 6 to Preclude Certain Evidence or Argument Regarding Expert Dr. John A. Kilpatrick filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 1, 2015 Filing 686 MOTION Regarding Trial Witness Appearances by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
June 30, 2015 Filing 685 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered any request to bring in private stenographer / realtime and request to bring office equipment or any other trial set up request should be filed by motion to court on 7/2/15 by 12pm. (Pelegano, Theresa)
June 30, 2015 Filing 684 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #610 Motion for Leave to Appear Pro Hac Vice Added Erik Risendal. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #611 Motion for Leave to Appear Pro Hac Vice Added Elizabeth J. Shutkin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
June 29, 2015 Filing 681 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting granting #564 Defendants Motion to Strike Plaintiffs New Expert Materials. On March 31, 2015, the court found certain portions of expert declarations submitted by Plaintiff after the close of expert discovery constituted improper expert supplementation. (Dkt. No. 439.) Rather than precluding Plaintiff from relying on this information, the court opted to re-open discovery, limited to this specific information. (Id.; Dkt. No. 509.) Plaintiff, however, used that opportunity to provide yet additional new expert analysis. This new expert analysis goes beyond the scope of both the original reports and the re-opened discovery. Accordingly, it violates both the spirit and letter of Rules 26 and 37 and the courts March 31, 2015 ruling. In that ruling, the court explicitly noted that we are not on the eve of trial, so there is still time to conduct additional expert discovery. (Dkt. No. 439.) The court also found Plaintiffs late disclosure to have been justified because it only became aware of the criticisms or argument to which the new material responds upon Defendants filing of the Daubert and summary judgment motions. (Id.) See Fed. R. Civ. P. 37(c)(1) (authorizing preclusion of information unless the failure was substantially justified or harmless). Here, in contrast, we are now on the eve of trial, so there is no time for additional expert discovery, and Plaintiff has not provided justification for the delay in providing the new materials. Simply stated, if Plaintiff wished to rely on this information, it should have disclosed it in conjunction with the expert declarations which were the subject of the March 31, 2015 ruling; Plaintiff was aware at that time of the criticisms to which this new material seeks to remedy. The court cannot permit endless expert supplementation which goes beyond the original report in the absence of compelling reasons for doing so, especially at this late date. See Cedar Petrochemical, Inc. v. Dongbu Hannong Chemical Co., Ltd., 769 F.Supp.2d 269, 278 (S.D.N.Y. 2011) ([E]xperts are not free to continually bolster, strengthen or improve their reports by endlessly researching the issues they already opined upon, or to continually supplement their opinions. (quoting Sandata Technologies, Inc. v. Infocrossing, Inc., 2007 WL 4157163, at *6 (S.D.N.Y. Nov. 16, 2007))). (Finn, Mary)
June 26, 2015 Filing 680 MEMORANDUM in Support re #679 MOTION for Reconsideration Or, In the Alternative, Leave to File Interlocutory Appeal and a Stay Pending Such Appeal filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 26, 2015 Filing 679 MOTION for Reconsideration Or, In the Alternative,MOTION Leave to File Interlocutory Appeal and MOTION for a Stay Pending Such Appeal by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy). Added 2 additional relief - MOTION for Leave to File, MOTION to Stay on 7/2/2015 (Finn, Mary).
June 26, 2015 Filing 678 Assented to MOTION to Seal Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
June 26, 2015 Filing 677 DECLARATION re #676 Opposition to Motion, Declaration of Meredith C. Duffy by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 (Redacted), #14 Exhibit 14 (Redacted))(Weinman, Kathy)
June 26, 2015 Filing 676 Opposition re #581 MOTION For Admissibility of Loan Files Produced by Deutsche Bank Securities Inc. and MortgageIT, Inc. filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 26, 2015 Filing 675 Judge Mark G. Mastroianni: MEMORANDUM AND ORDER REGARDINGPLAINTIFFS MOTION TO EXCLUDE THEOPINION AND TESTIMONY OF DEFENDANTSEXPERT STEPHEN J. CHOIentered granting #530 Motion in Limine. For these reasons, Plaintiffs motion is ALLOWED. (Pelegano, Theresa)
June 26, 2015 Filing 674 ELECTRONIC NOTICE of Hearing. Status Conference set for 7/6/2015 11:30 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa)
June 25, 2015 Filing 673 DECLARATION re #668 MOTION in Limine Defendants' Motion in Limine No. 8 to Preclude Argument and Evidence Relating to Governmental Investigations or Other Litigations Declaration of Erika H. Burk by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Part 1), #8 Exhibit 7 (Part 2), #9 Exhibit 7 (Part 3), #10 Exhibit 8, #11 Exhibit 9 (Part 1), #12 Exhibit 9 (Part 2), #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12 (Part 1), #16 Exhibit 12 (Part 2), #17 Exhibit 12 (Part 3), #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23)(Weinman, Kathy)
June 25, 2015 Filing 672 DECLARATION re #670 MOTION in Limine Plaintiff's Motion in Limine No. 6 to Preclude Certain Evidence or Argument Regarding Expert Dr. John A. Kilpatrick by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stephens, Molly)
June 25, 2015 Filing 671 MEMORANDUM in Support re #670 MOTION in Limine Plaintiff's Motion in Limine No. 6 to Preclude Certain Evidence or Argument Regarding Expert Dr. John A. Kilpatrick filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 670 MOTION in Limine Plaintiff's Motion in Limine No. 6 to Preclude Certain Evidence or Argument Regarding Expert Dr. John A. Kilpatrick by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 669 MEMORANDUM in Support re #668 MOTION in Limine Defendants' Motion in Limine No. 8 to Preclude Argument and Evidence Relating to Governmental Investigations or Other Litigations filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 668 MOTION in Limine Defendants' Motion in Limine No. 8 to Preclude Argument and Evidence Relating to Governmental Investigations or Other Litigations and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief - MOTION for Hearing on 7/2/2015 (Finn, Mary).
June 25, 2015 Filing 667 Assented to MOTION to Seal Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 666 DECLARATION re #664 MOTION in Limine Defendants' Motion in Limine No. 7 to Preclude Evidence or Argument Related to Deutsche Bank's Growth in the RMBS Business Declaration of Meredith C. Duffy by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Weinman, Kathy)
June 25, 2015 Filing 665 MEMORANDUM in Support re #664 MOTION in Limine Defendants' Motion in Limine No. 7 to Preclude Evidence or Argument Related to Deutsche Bank's Growth in the RMBS Business filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 664 MOTION in Limine Defendants' Motion in Limine No. 7 to Preclude Evidence or Argument Related to Deutsche Bank's Growth in the RMBS Business and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief - MOTION for Hearing on 7/2/2015 (Finn, Mary).
June 25, 2015 Filing 663 AFFIDAVIT in Support re #661 MOTION in Limine Plaintiff's Motion in Limine No. 9 to Preclude Evidence or Argument Regarding Plaintiff's Knowledge of Originators and Aggregators Not at Issue and General Knowledge of the Housing and RMBS Markets Declaration of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Stephens, Molly)
June 25, 2015 Filing 662 MEMORANDUM in Support re #661 MOTION in Limine Plaintiff's Motion in Limine No. 9 to Preclude Evidence or Argument Regarding Plaintiff's Knowledge of Originators and Aggregators Not at Issue and General Knowledge of the Housing and RMBS Markets filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 661 MOTION in Limine Plaintiff's Motion in Limine No. 9 to Preclude Evidence or Argument Regarding Plaintiff's Knowledge of Originators and Aggregators Not at Issue and General Knowledge of the Housing and RMBS Markets by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 660 DECLARATION re #658 MOTION in Limine Defendants' Motion in Limine No. 6 to Exclude Evidence and Argument Relating to Alleged Oral Assurances Made by Defendants to Plaintiff Declaration of Meredith C. Duffy by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weinman, Kathy)
June 25, 2015 Filing 659 MEMORANDUM in Support re #658 MOTION in Limine Defendants' Motion in Limine No. 6 to Exclude Evidence and Argument Relating to Alleged Oral Assurances Made by Defendants to Plaintiff filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 658 MOTION in Limine Defendants' Motion in Limine No. 6 to Exclude Evidence and Argument Relating to Alleged Oral Assurances Made by Defendants to Plaintiff and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief - MOTION for Hearing on 7/2/2015 (Finn, Mary).
June 25, 2015 Filing 657 DECLARATION re #655 MOTION in Limine Plaintiff's Motion in Limine No. 5 to Preclude Evidence or Argument Regarding Its Reliance or Lack of Reliance on Defendants' Misrepresentations and Omissions in the Offering Materials by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stephens, Molly)
June 25, 2015 Filing 656 MEMORANDUM in Support re #655 MOTION in Limine Plaintiff's Motion in Limine No. 5 to Preclude Evidence or Argument Regarding Its Reliance or Lack of Reliance on Defendants' Misrepresentations and Omissions in the Offering Materials filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 655 MOTION in Limine Plaintiff's Motion in Limine No. 5 to Preclude Evidence or Argument Regarding Its Reliance or Lack of Reliance on Defendants' Misrepresentations and Omissions in the Offering Materials by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 654 MEMORANDUM in Support re #653 MOTION in Limine Plaintiff's Motion in Limine No. 8 to Preclude Evidence or Argument Regarding Dismissed Claims No Longer Asserted in This Action filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 653 MOTION in Limine Plaintiff's Motion in Limine No. 8 to Preclude Evidence or Argument Regarding Dismissed Claims No Longer Asserted in This Action by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 652 DECLARATION re #648 MOTION in Limine Defendants' Motion in Limine No. 5 to Exclude References To or Use by Dr. Saunders (or Other Witnesses) of Certain Inadmissible and Prejudicial Academic Studies Declaration of Erika H. Burk by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weinman, Kathy)
June 25, 2015 Filing 651 MEMORANDUM in Support re #648 MOTION in Limine Defendants' Motion in Limine No. 5 to Exclude References To or Use by Dr. Saunders (or Other Witnesses) of Certain Inadmissible and Prejudicial Academic Studies filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 650 AFFIDAVIT in Support re #647 MOTION in Limine Plaintiff's Motion in Limine No. 7 to Preclude Evidence or Argument Regarding Irrelevant MassMutual Entities and Businesses of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Stephens, Molly)
June 25, 2015 Filing 649 MEMORANDUM in Support re #647 MOTION in Limine Plaintiff's Motion in Limine No. 7 to Preclude Evidence or Argument Regarding Irrelevant MassMutual Entities and Businesses filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 648 MOTION in Limine Defendants' Motion in Limine No. 5 to Exclude References To or Use by Dr. Saunders (or Other Witnesses) of Certain Inadmissible and Prejudicial Academic Studies and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 25, 2015 Filing 647 MOTION in Limine Plaintiff's Motion in Limine No. 7 to Preclude Evidence or Argument Regarding Irrelevant MassMutual Entities and Businesses by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 646 DECLARATION re #643 MOTION in Limine Plaintiff's Motion in Limine No. 11 to Exclude Evidence or Argument Regarding Cautionary Language in the Offering Materials by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stephens, Molly)
June 25, 2015 Filing 645 DECLARATION re #638 MOTION in Limine Defendant's Motion to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum Declaration of David Woll by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Exhibit 3)(Weinman, Kathy)
June 25, 2015 Filing 644 MEMORANDUM in Support re #643 MOTION in Limine Plaintiff's Motion in Limine No. 11 to Exclude Evidence or Argument Regarding Cautionary Language in the Offering Materials filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 643 MOTION in Limine Plaintiff's Motion in Limine No. 11 to Exclude Evidence or Argument Regarding Cautionary Language in the Offering Materials by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 642 AFFIDAVIT in Support re #640 MOTION in Limine Plaintiff's Motion in Limine No. 10 to Preclude Evidence or Argument Regarding Termination of Employees at Babson Capital Management LLC of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Stephens, Molly)
June 25, 2015 Filing 641 MEMORANDUM in Support re #640 MOTION in Limine Plaintiff's Motion in Limine No. 10 to Preclude Evidence or Argument Regarding Termination of Employees at Babson Capital Management LLC filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 640 MOTION in Limine Plaintiff's Motion in Limine No. 10 to Preclude Evidence or Argument Regarding Termination of Employees at Babson Capital Management LLC by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
June 25, 2015 Filing 639 MEMORANDUM in Support re #638 MOTION in Limine Defendant's Motion to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy)
June 25, 2015 Filing 638 MOTION in Limine Defendant's Motion to Exclude Certain Opinions and Testimony of Plaintiff's Expert Leonard A. Blum and MOTION for a Hearing by Deutshe Bank Securities, Inc.. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief -MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 25, 2015 Filing 637 NOTICE by Massachusetts Mutual Life Insurance Company re #600 MOTION ADMISSIBILITY OF LOAN FILES PRODUCED BY CITADEL LLC (Attachments: #1 Exhibit A)(Stephens, Molly)
June 25, 2015 Filing 636 Assented to MOTION to Seal Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
June 25, 2015 Filing 635 DECLARATION re #633 MOTION to Strike Defendants' Motion to Strike the Supplemental Opinions of Steven I. Butler Regarding New "Defect Findings" and Charles D. Cowan's Supplemental Opinions Based on Such Findings Declaration of David J. Woll by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Weinman, Kathy)
June 25, 2015 Filing 634 MEMORANDUM in Support re #633 MOTION to Strike Defendants' Motion to Strike the Supplemental Opinions of Steven I. Butler Regarding New "Defect Findings" and Charles D. Cowan's Supplemental Opinions Based on Such Findings filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 633 MOTION to Strike Defendants' Motion to Strike the Supplemental Opinions of Steven I. Butler Regarding New "Defect Findings" and Charles D. Cowan's Supplemental Opinions Based on Such Findings and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 25, 2015 Filing 632 Assented to MOTION to Seal Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
June 25, 2015 Filing 631 DECLARATION re #629 MOTION in Limine Defendants' Motion to Exclude the Opinion and Testimony of Plaintiff's Expert Mark Sunshine Declaration of Meredith C. Duffy by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted))(Weinman, Kathy)
June 25, 2015 Filing 630 MEMORANDUM in Support re #629 MOTION in Limine Defendants' Motion to Exclude the Opinion and Testimony of Plaintiff's Expert Mark Sunshine filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 629 MOTION in Limine Defendants' Motion to Exclude the Opinion and Testimony of Plaintiff's Expert Mark Sunshine and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief - MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 25, 2015 Filing 628 DECLARATION re #626 MOTION in Limine No. 4 to Preclude Evidence or Argument Regarding Plaintiff's Actual Losses, Its Responses to Those Losses, and What It Learned After Defendants Last Certificate Sale by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Stephens, Molly)
June 25, 2015 Filing 627 MEMORANDUM in Support re #626 MOTION in Limine No. 4 to Preclude Evidence or Argument Regarding Plaintiff's Actual Losses, Its Responses to Those Losses, and What It Learned After Defendants Last Certificate Sale filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 25, 2015 Filing 626 MOTION in Limine No. 4 to Preclude Evidence or Argument Regarding Plaintiff's Actual Losses, Its Responses to Those Losses, and What It Learned After Defendants Last Certificate Sale by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 25, 2015 Filing 625 DECLARATION re #623 MOTION to Strike Defendants' Motion to Strike Charles Cipione From Plaintiff's Trial Witness List and Preclude Any Documents or Analysis Created by Mr. Cipione Declaration of Erika H. Burk by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Weinman, Kathy)
June 25, 2015 Filing 624 MEMORANDUM in Support re #623 MOTION to Strike Defendants' Motion to Strike Charles Cipione From Plaintiff's Trial Witness List and Preclude Any Documents or Analysis Created by Mr. Cipione filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 623 MOTION to Strike Defendants' Motion to Strike Charles Cipione From Plaintiff's Trial Witness List and MOTION to Preclude Any Documents or Analysis Created by Mr. Cipione and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added 2 additional reliefs - MOTION in Limine, MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 25, 2015 Filing 622 DECLARATION re #620 MOTION in Limine Defendants' Motion in Limine No. 4 to Preclude the Testimony and Certain Documents of Greg Lippmann and Evidence of Any Short Positions in RMBS Taken by Deutsche Bank Declaration of Erika H. Burk by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weinman, Kathy)
June 25, 2015 Filing 621 MEMORANDUM in Support re #620 MOTION in Limine Defendants' Motion in Limine No. 4 to Preclude the Testimony and Certain Documents of Greg Lippmann and Evidence of Any Short Positions in RMBS Taken by Deutsche Bank filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 620 MOTION in Limine Defendants' Motion in Limine No. 4 to Preclude the Testimony and Certain Documents of Greg Lippmann and Evidence of Any Short Positions in RMBS Taken by Deutsche Bank , MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief - MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 25, 2015 Filing 619 DECLARATION re #617 MOTION in Limine Defendants' Motion In Limine No. 3 to Exclude Evidence and Argument Regarding Steven I. Butler's Minimum Industry Standards by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 (Part 1), #6 Exhibit 4 (Part 2), #7 Exhibit 4 (Part 3), #8 Exhibit 4 (Part 4), #9 Exhibit 4 (Part 5), #10 Exhibit 4 (Part 6))(Weinman, Kathy)
June 25, 2015 Filing 618 MEMORANDUM in Support re #617 MOTION in Limine Defendants' Motion In Limine No. 3 to Exclude Evidence and Argument Regarding Steven I. Butler's Minimum Industry Standards filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 25, 2015 Filing 617 MOTION in Limine Defendants' Motion In Limine No. 3 to Exclude Evidence and Argument Regarding Steven I. Butler's Minimum Industry Standards and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 24, 2015 Filing 616 DECLARATION re #614 MOTION in Limine Defendants' Motion In Limine No. 2 to Exclude Certain Testimony and Opinions of Dr. John A. Kilpatrick and Dr. Charles D. Cowan by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Redacted), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Part 1), #6 Exhibit 5 (Part 2), #7 Exhibit 5 (Part 3), #8 Exhibit 5 (Part 4), #9 Exhibit 5 (Part 5), #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8 (Redacted), #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21)(Weinman, Kathy)
June 24, 2015 Filing 615 MEMORANDUM in Support re #614 MOTION in Limine Defendants' Motion In Limine No. 2 to Exclude Certain Testimony and Opinions of Dr. John A. Kilpatrick and Dr. Charles D. Cowan filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Additional attachment(s) added on 6/30/2015: #1 Correct Main Document, #2 Exhibit A) (Finn, Mary). Modified on 6/30/2015 to separate Appendix A from the main document and to add it as an attachment. (Finn, Mary).
June 24, 2015 Filing 614 MOTION in Limine Defendants' Motion In Limine No. 2 to Exclude Certain Testimony and Opinions of Dr. John A. Kilpatrick and Dr. Charles D. Cowan and MOTION for a Hearing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy). Added an additional relief MOTION for Hearing on 6/30/2015 (Finn, Mary).
June 24, 2015 Filing 613 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
June 24, 2015 Filing 612 Transcript of Pretrial Conference held on June 22, 2015, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 7/15/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/22/2015. (Scalfani, Deborah)
June 23, 2015 Filing 611 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth J. Shutkin Filing fee: $ 100, receipt number 0101-5625616 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Aronsson, Azure)
June 23, 2015 Filing 610 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Erik Risendal Filing fee: $ 100, receipt number 0101-5625604 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Aronsson, Azure)
June 23, 2015 Filing 609 REPLY to Response to #564 MOTION to Strike "Defendants' Motion to Strike Plaintiff's New Expert Materials" filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 23, 2015 Filing 608 Set/Reset Deadlines: Exhibit List, Witness List and JERS disc/materials due by 7/6/2015. (Pelegano, Theresa)
June 23, 2015 Filing 607 NOTICE TO ALL COUNSEL of RECORD RE: Exhibits, witness list and instructions for JERS (Attachments: #1 JERS instructions)(Pelegano, Theresa)
June 22, 2015 Filing 606 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Final Pretrial Conference held on 6/22/2015. Court discuss timing of trial. Jury selection, Court to isue a scheduling order. Defendants to file Motion for reconsideration by 6/26/15 opp is due 7/6/2015. (Court Reporter: Alice Moran atalice.moran@verizon.net.)(Attorneys present: Selendy, Stevens,Williams, Egan, Rice Wool, Burk, Russell) (Pelegano, Theresa) Modified on 6/23/2015 clerical error correction of opp. due date(Pelegano, Theresa).
June 22, 2015 Filing 604 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #529 Motion to Seal; granting #545 Motion to Seal; granting #551 Motion to Seal; granting #589 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)
June 22, 2015 Filing 603 Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court ALLOWS Plaintiffs motion for partial summary judgment on Deutsche Banks diligence affirmative defense (Dk. No. #333 ) as to the ACE 2007-HE4 securitization but otherwise DENIES the motion. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
June 19, 2015 Filing 602 AFFIDAVIT in Support re #600 MOTION ADMISSIBILITY OF LOAN FILES PRODUCED BY CITADEL LLC Declaration of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Stephens, Molly)
June 19, 2015 Filing 601 MEMORANDUM in Support re #600 MOTION ADMISSIBILITY OF LOAN FILES PRODUCED BY CITADEL LLC filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 19, 2015 Filing 600 MOTION ADMISSIBILITY OF LOAN FILES PRODUCED BY CITADEL LLC by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 19, 2015 Filing 599 AFFIDAVIT in Support re #597 MOTION in Limine to Exclude the Opinions and Testimony of Defendants' Expert Jerry A. Hausman of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stephens, Molly)
June 19, 2015 Filing 598 MEMORANDUM in Support re #597 MOTION in Limine to Exclude the Opinions and Testimony of Defendants' Expert Jerry A. Hausman filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 19, 2015 Filing 597 MOTION in Limine to Exclude the Opinions and Testimony of Defendants' Expert Jerry A. Hausman by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
June 19, 2015 Filing 596 Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court ALLOWS Defendants motion for summary judgment based on the statute of limitations and lack of standing (Dk. No. 342 ) to the extent it seeks summary judgment as to portions of five certificates purchased by C.M. Life Insurance Company for lack of standing, see supra footnotes 2 and 3, but otherwise DENIES the motion. The court also DENIES Defendants motion for summary judgment for failure to establish a material misstatement (Dkt. No. 350 ). It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
June 18, 2015 Filing 595 DECLARATION re #593 MOTION in Limine No. 1 to Exclude Evidence and Argument Relating to Appraiser Petition (Plaintiff's Exhibit No. 3884) Declaration of Erika H. Burk by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Redacted))(Weinman, Kathy)
June 18, 2015 Filing 594 MEMORANDUM in Support re #593 MOTION in Limine No. 1 to Exclude Evidence and Argument Relating to Appraiser Petition (Plaintiff's Exhibit No. 3884) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 18, 2015 Filing 593 MOTION in Limine No. 1 to Exclude Evidence and Argument Relating to Appraiser Petition (Plaintiff's Exhibit No. 3884) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy)
June 18, 2015 Filing 592 DECLARATION re #590 MOTION in Limine Defendants' Motion to Exclude Certain Opinions and Testimony of James H. Aronoff Declaration of Erika H. Burk by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Part A), #8 Exhibit 7 (Part B), #9 Exhibit 7 (Part C), #10 Exhibit 7 (Part D), #11 Exhibit 7 (Part E), #12 Exhibit 7 (Part F), #13 Exhibit 7 (Part G), #14 Exhibit 7 (Part H), #15 Exhibit 8 (Part A), #16 Exhibit 8 (Part B), #17 Exhibit 8 (Part C), #18 Exhibit 8 (Part D), #19 Exhibit 8 (Part E), #20 Exhibit 9, #21 Exhibit 10, #22 Exhibit 11, #23 Exhibit 12, #24 Exhibit 13, #25 Exhibit 14, #26 Exhibit 15)(Weinman, Kathy)
June 18, 2015 Filing 591 MEMORANDUM in Support re #590 MOTION in Limine Defendants' Motion to Exclude Certain Opinions and Testimony of James H. Aronoff filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 18, 2015 Filing 590 MOTION in Limine Defendants' Motion to Exclude Certain Opinions and Testimony of James H. Aronoff by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy)
June 18, 2015 Filing 589 Assented to MOTION for Leave to File Reply Memorandum of Law in Support of Defendants' Motion to Strike Plaintiff's New Expert Materials by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1 (Defendants' Proposed Reply Memorandum of Law in Support of Its Motion to Strike Plaintiff's New Expert Materials))(Weinman, Kathy)
June 18, 2015 Filing 588 Judge Mark G. Mastroianni: ORDER entered granting #518 Motion To Confirm the Trial Structure. Accordingly, by agreement of the parties, a jury will decide liability and, if liability is found, the court will determine damages. The court reserves judgment on the specific standards to be applied in determining any damages. So Ordered. (Pelegano, Theresa)
June 18, 2015 Filing 587 Judge Mark G. Mastroianni: PROCEDURAL ORDER RE: TRIAL (Pelegano, Theresa)
June 18, 2015 Filing 586 MEMORANDUM in Support re #585 MOTION in Limine No. 3 to Preclude Evidence or Argument Regarding Plaintiff's Purported Sophistication, Its Alleged Appetite for Investment Risk, or Its Purchases of Securities Not at Issue in This Case filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 18, 2015 Filing 585 MOTION in Limine No. 3 to Preclude Evidence or Argument Regarding Plaintiff's Purported Sophistication, Its Alleged Appetite for Investment Risk, or Its Purchases of Securities Not at Issue in This Case by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
June 15, 2015 Filing 584 PRETRIAL MEMORANDUM by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stephens, Molly)
June 12, 2015 Filing 583 DECLARATION re #581 MOTION For Admissibility of Loan Files Produced by Deutsche Bank Securities Inc. and MortgageIT, Inc. Declaration of Molly Stephens by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Stephens, Molly)
June 12, 2015 Filing 582 MEMORANDUM in Support re #581 MOTION For Admissibility of Loan Files Produced by Deutsche Bank Securities Inc. and MortgageIT, Inc. filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 12, 2015 Filing 581 MOTION For Admissibility of Loan Files Produced by Deutsche Bank Securities Inc. and MortgageIT, Inc. by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Stephens, Molly)
June 11, 2015 Filing 580 DECLARATION re #579 Opposition to Motion Declaration of Molly Stephens in Support of Plaintiff's Opposition to Defendants' Second Motion to Strike Plaintiff's Expert Materials by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stephens, Molly)
June 11, 2015 Filing 579 Opposition re #564 MOTION to Strike "Defendants' Motion to Strike Plaintiff's New Expert Materials" filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 5, 2015 Filing 578 DECLARATION re #577 Opposition to Motion Declaration of William T. Russell, Jr. in Support of Defendant's Opposition to Plaintiff's Motion to Exclude Certain Opinions and Testimony of Defendant's Expert Charles H. Grice by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 (Redacted), #10 Exhibit 10 (Redacted))(Weinman, Kathy)
June 5, 2015 Filing 577 Opposition re #552 MOTION in Limine to Exclude Certain Opinions and Testimony of Defendant's Expert Charles H. Grice filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy)
June 5, 2015 Filing 576 DECLARATION re #575 Opposition to Motion, Declaration of Meredith C. Duffy in Support of Defendants' Opposition to Plaintiff's Motion in Limine No. 1 to Preclude Defendants from Offering Evidence Regarding Ongoing Business with Deutsche Bank and the Character of Deutsche Bank Witnesses by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weinman, Kathy)
June 5, 2015 Filing 575 Opposition re #548 MOTION in Limine No. 1 to Preclude Defendants From Offering Evidence Regarding Ongoing Business With Deutsche Bank and the Character of Deutsche Bank Witnesses filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 5, 2015 Filing 574 DECLARATION re #573 Opposition to Motion, Declaration of Erika H. Burk in Support of Defendants' Opposition to Plaintiff's Motion in Limine No. 2 to Preclude Evidence or Argument that Trade Dates Occurred Before Prospectus Supplements Issued by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Weinman, Kathy)
June 5, 2015 Filing 573 Opposition re #555 MOTION in Limine No. 2 to Preclude Evidence or Argument That Trade Dates Occurred Before Prospectus Supplements Issued filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 5, 2015 Filing 572 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying Pltf's #569 Motion for Leave to File a Reply Brief. (Finn, Mary)
June 4, 2015 Filing 571 RESPONSE to Motion re #569 MOTION for Leave to File Reply Brief in Support of Plaintiff's Motion to Exclude Certain Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 4, 2015 Filing 570 Remark - Counsel for Deft. Deutsche Bank will be filing and opp. to the Pltf's #569 Motion for leave to file a reply brief. (Finn, Mary)
June 3, 2015 Filing 569 MOTION for Leave to File Reply Brief in Support of Plaintiff's Motion to Exclude Certain Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1 -- Proposed Reply in Support of Plaintiff's Motion to Exclude Certain Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D.)(Stephens, Molly)
June 3, 2015 Filing 568 REPLY to Response to #530 MOTION in Limine Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi filed by Massachusetts Mutual Life Insurance Company. (Olivar, Harry)
June 3, 2015 Filing 567 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #566 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)
May 29, 2015 Filing 566 Assented to MOTION for Leave to File Reply Brief in Support of Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1 -- Proposed Reply in Support of Plaintiffs' Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi)(Olivar, Harry)
May 28, 2015 Filing 565 MEMORANDUM in Support re #564 MOTION to Strike "Defendants' Motion to Strike Plaintiff's New Expert Materials" filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
May 28, 2015 Filing 564 MOTION to Strike "Defendants' Motion to Strike Plaintiff's New Expert Materials" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 28, 2015 Filing 563 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
May 28, 2015 Filing 562 Transcript of Motion for Summary Judgment Hearing held on May 15, 2015, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 6/18/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/26/2015. (Scalfani, Deborah)
May 27, 2015 Filing 561 DECLARATION re #560 Opposition to Motion, "Declaration of Erika H. Burk in Support of Defendants' Opposition to Plaintiff's Motion to Exclude Certain Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D." by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weinman, Kathy)
May 27, 2015 Filing 560 Opposition re #533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
May 22, 2015 Filing 557 DECLARATION re #555 MOTION in Limine No. 2 to Preclude Evidence or Argument That Trade Dates Occurred Before Prospectus Supplements Issued by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Stephens, Molly)
May 22, 2015 Filing 556 MEMORANDUM in Support re #555 MOTION in Limine No. 2 to Preclude Evidence or Argument That Trade Dates Occurred Before Prospectus Supplements Issued filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
May 22, 2015 Filing 555 MOTION in Limine No. 2 to Preclude Evidence or Argument That Trade Dates Occurred Before Prospectus Supplements Issued by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
May 22, 2015 Filing 554 AFFIDAVIT in Support re #552 MOTION in Limine to Exclude Certain Opinions and Testimony of Defendant's Expert Charles H. Grice of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Stephens, Molly)
May 22, 2015 Filing 553 MEMORANDUM in Support re #552 MOTION in Limine to Exclude Certain Opinions and Testimony of Defendant's Expert Charles H. Grice filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
May 22, 2015 Filing 552 MOTION in Limine to Exclude Certain Opinions and Testimony of Defendant's Expert Charles H. Grice by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
May 22, 2015 Filing 551 Assented to MOTION to Seal Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
May 22, 2015 Filing 550 AFFIDAVIT of Molly Stephens in Support re #548 MOTION in Limine No. 1 to Preclude Defendants From Offering Evidence Regarding Ongoing Business With Deutsche Bank and the Character of Deutsche Bank Witnesses filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stephens, Molly)
May 22, 2015 Filing 549 MEMORANDUM in Support re #548 MOTION in Limine No. 1 to Preclude Defendants From Offering Evidence Regarding Ongoing Business With Deutsche Bank and the Character of Deutsche Bank Witnesses filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
May 22, 2015 Filing 548 MOTION in Limine No. 1 to Preclude Defendants From Offering Evidence Regarding Ongoing Business With Deutsche Bank and the Character of Deutsche Bank Witnesses by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
May 22, 2015 Filing 547 DECLARATION re #546 Response to Motion, "Declaration of Meredith C. Duffy in Support of Defendants' Opposition to Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2)(Weinman, Kathy)
May 22, 2015 Filing 546 RESPONSE to Motion re #530 MOTION in Limine Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
May 22, 2015 Filing 545 Assented to MOTION to Seal Defendants' Assented-To Motion for Impoundment Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 20, 2015 Filing 544 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting in part and denying in part #542 Motion for Extension of Time to File Response/Reply re #533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D.. Responses due by 5/27/2015. (Finn, Mary)
May 19, 2015 Filing 543 Opposition re #542 MOTION for Extension of Time to May 29, 2015 to File Response/Reply as to #533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
May 18, 2015 Filing 542 MOTION for Extension of Time to May 29, 2015 to File Response/Reply as to #533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 15, 2015 Filing 541 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Hearing re Motion Hearing re: misrepresentation summary judgment motion held on 5/15/2015. Argument completed. Court takes matter under advisement. (Court Reporter: Alice Moran atalice.moran@verizon.net.) (Pelegano, Theresa)
May 11, 2015 Filing 540 NOTICE by Massachusetts Mutual Life Insurance Company re #538 Response to Motion, Plaintiff's Notice of Lodging of Recent Decision in Federal Housing Finance Agency v. Nomura Holding America, Inc. (Attachments: #1 Exhibit A)(Stephens, Molly)
May 11, 2015 Filing 539 DECLARATION re #538 Response to Motion, Declaration of Molly Stephens in Support of Plaintiff's Response to Defendants' Supplemental Memorandum of Law in Support of Their Motion for Summary Judgment for Failure to Establish a Material Misstatement by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stephens, Molly)
May 11, 2015 Filing 538 Supplemental RESPONSE to Motion re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Plaintiff's Response to Defendants' Supplemental Memorandum of Law in Support of Their Motion for Summary Judgment for Failure to Establish a Material Misstatement filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
May 8, 2015 Filing 536 RESPONSE to Motion re #518 MOTION To Confirm the Trial Structure filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
May 8, 2015 Filing 535 AFFIDAVIT in Support re #533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. Declaration of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stephens, Molly)
May 8, 2015 Filing 534 MEMORANDUM in Support re #533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
May 8, 2015 Filing 533 MOTION in Limine Plaintiff's Motion to Exclude the Opinions and Testimony of Defendants' Expert Walter Torous, Ph.D. by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
May 8, 2015 Filing 532 AFFIDAVIT in Support re #530 MOTION in Limine Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi Declaration of Harry A. Olivar, Jr. filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Olivar, Harry)
May 8, 2015 Filing 531 MEMORANDUM in Support re #530 MOTION in Limine Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi filed by Massachusetts Mutual Life Insurance Company. (Olivar, Harry)
May 8, 2015 Filing 530 MOTION in Limine Plaintiff's Motion to Exclude the Opinion and Testimony of Defendants' Expert Stephen J. Choi by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Olivar, Harry)
May 8, 2015 Filing 529 MOTION to Seal Motion for Impoundment Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
May 7, 2015 Filing 528 Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. For the reasons, the Court ALLOWS Defts' Motion to Exclude the expert testimony of Dr. Kilpatrick insofar as it seeks to preclude him from testifying as to the original appraisers' state of mind but otherwise DENIES the motion - 355 . The Court also DENIES Defts' Motion to Exclude the expert testimony of Mr. Butler - 359 . (Finn, Mary)
May 7, 2015 Filing 527 ELECTRONIC NOTICE OF RESCHEDULING TIME CHANGE OF HEARINGHearing rescheduled for 5/15/2015 01:00 PM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa)
May 4, 2015 Filing 526 Request for Judicial Notice in Support of Defendants' Supplemental Memorandum of Law in Support of Their Motion for Summary Judgment for Failure to Establish a Material Misstatement by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Weinman, Kathy)
May 4, 2015 Filing 525 DECLARATION re #524 Memorandum in Support of Motion,, "Declaration of Erika H. Burk in Support of Defendants' Supplemental Memorandum of Law in Support of Their Motion for Summary Judgment for Failure to Establish a Material Misstatement" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Weinman, Kathy)
May 4, 2015 Filing 524 Supplemental MEMORANDUM in Support re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) "Defendants' Supplemental Memorandum of Law in Support of Their Motion for Summary Judgment for Failure to Establish a Material Misstatement" filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
April 28, 2015 Filing 523 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #521 Motion for Leave to Appear Pro Hac Vice Added Manisha M. Sheth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
April 27, 2015 Filing 522 Response by Massachusetts Mutual Life Insurance Company to #515 Notice (Other), Regarding the Effect that Joining C.M. Life Insurance Company as a Plaintiff Will Have on This Court's Subject-Matter Jurisdiction. (Stephens, Molly)
April 27, 2015 Filing 521 MOTION for Leave to Appear Pro Hac Vice for admission of Manisha M. Sheth Filing fee: $ 100, receipt number 0101-5530344 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit Affidavit of Manisha M. Sheth)(Spelman, Stephen)
April 25, 2015 Filing 520 DECLARATION re #518 MOTION To Confirm the Trial Structure Declaration of Molly Stephens by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Part I), #4 Exhibit 3 (Part II), #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Stephens, Molly)
April 24, 2015 Filing 519 MEMORANDUM in Support re #518 MOTION To Confirm the Trial Structure filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
April 24, 2015 Filing 518 MOTION To Confirm the Trial Structure by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
April 24, 2015 Filing 517 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
April 24, 2015 Filing 516 Transcript of Summary Judgment Hearing held on April 17, 2015, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 5/15/2015. Redacted Transcript Deadline set for 5/25/2015. Release of Transcript Restriction set for 7/23/2015. (Scalfani, Deborah)
April 24, 2015 Filing 515 NOTICE by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson "Notice Regarding The Effect That Joining C.M. Life Insurance Company as a Plaintiff Will Have on this Court's Subject-Matter Jurisdiction" (Weinman, Kathy)
April 17, 2015 Filing 514 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 4/17/2015 re Summary Judgment motions. Argument completed court takes matter under advisement. (Court Reporter: Alice Moran atalice.moran@verizon.net.)(Attorneys present: Barrett, Stephens, Woll) (Pelegano, Theresa)
April 15, 2015 Filing 513 ELECTRONIC NOTICE of Hearing.Hearing set for 4/17/2015 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa)
April 14, 2015 Filing 512 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
April 14, 2015 Filing 511 Transcript of Daubert Hearing held on March 27, 2015, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 5/5/2015. Redacted Transcript Deadline set for 5/15/2015. Release of Transcript Restriction set for 7/13/2015. (Scalfani, Deborah)
April 9, 2015 Filing 510 ELECTRONIC NOTICE Setting Hearing on Motion Motion Hearing re: misrepresentation summary judgment motion set for 5/15/2015 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa)
April 9, 2015 Filing 509 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. re #508 Joint Notice Regarding Additional Expert Discovery. The court adopts the following expert discovery schedule: Dr. Cowans deposition to occur on April 14, 2015; Dr. Kilpatricks deposition to occur on April 22, 2015; Mr. Aronoffs deposition to occur on April 23, 2015; and Mr. Butlers deposition to occur on April 29, 2015. Defendants shall file supplemental briefing to their misrepresentation summary judgment motion not to exceed 15 pages by May 4, 2015, and Plaintiff shall filed a reply not to exceed 15 pages by May 11, 2015. Both the discovery and the supplemental briefing is limited to the new material identified in the courts ruling on the motion to strike (Dkt. No. 439) and the parties Joint Notice. The court will hold a hearing on the misrepresentation summary judgment motion on May 15, 2015 at 10:00 a.m.(Pelegano, Theresa)
April 7, 2015 Filing 508 JOINT STATEMENT of counsel Regarding Additional Expert Discovery. (Stephens, Molly)
April 6, 2015 Filing 507 AFFIDAVIT of Jennifer J. Barrett in Opposition re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-8, #3 Exhibit 9-1, #4 Exhibit 9-2, #5 Exhibit 10-22, #6 Exhibit 23-24)(Stephens, Molly) (Main Document 507 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 506 AFFIDAVIT of Harry A. Olivar, Jr. in Support re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-9)(Stephens, Molly) (Main Document 506 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 505 AFFIDAVIT of Elizabeth Ward Chicares in Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-5)(Stephens, Molly) (Main Document 505 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 504 AFFIDAVIT of Molly Stephens in Opposition re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-32, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 35-51, #5 Exhibit 52-63, #6 Exhibit 64-65, #7 Exhibit 66, #8 Exhibit 67-72, #9 Exhibit 73-134, #10 Exhibit 135-149)(Stephens, Molly) (Main Document 504 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 503 AFFIDAVIT of John A. Kilpatrick, Ph.D in Opposition re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) Corrected Declaration of John A. Kilpatrick, Ph.D. in Support of Oppositions Filed by Plaintiff on December 22, 2014 filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13-15, #13 Exhibit 16, #14 Exhibit 17-19, #15 Exhibit 20, #16 Exhibit 21-27, #17 Exhibit 28, #18 Exhibit 29)(Stephens, Molly) (Main Document 503 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 502 AFFIDAVIT of Claire D. Hausman in Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) Declaration of Claire D. Hausman in Support of Oppositions Filed by Plaintiff on December 22, 2014 filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-12, #2 Exhibit 13-21, #3 Exhibit 22-28, #4 Exhibit 29-35, #5 Exhibit 36, #6 Exhibit 37, #7 Exhibit 38, #8 Exhibit 39, #9 Exhibit 40, #10 Exhibit 41, #11 Exhibit 42-1, #12 Exhibit 42-2, #13 Exhibit 42-3, #14 Exhibit 42-4, #15 Exhibit 42-5, #16 Exhibit 42-6, #17 Exhibit 43, #18 Exhibit 44, #19 Exhibit 45, #20 Exhibit 46, #21 Exhibit 47, #22 Exhibit 48, #23 Exhibit 49, #24 Exhibit 50, #25 Exhibit 51, #26 Exhibit 52, #27 Exhibit 53, #28 Exhibit 54, #29 Exhibit 55, #30 Exhibit 56, #31 Exhibit 57, #32 Exhibit 58)(Stephens, Molly) (Main Document 502 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 501 AFFIDAVIT of Charles D. Cowan, Ph.D. in Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) Declaration of Charles D. Cowan, Ph.D. in Support of Oppositions Filed by Plaintiff on December 22, 2014 filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-4)(Stephens, Molly) (Main Document 501 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 500 AFFIDAVIT of David Canuel in Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-4)(Stephens, Molly) (Main Document 500 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 499 AFFIDAVIT of Steven I. Butler in Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441), #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) Declaration of Steven I. Butler in Support of Oppositions Filed by Plaintiff on December 22, 2014 filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-12)(Stephens, Molly) (Main Document 499 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 498 AFFIDAVIT of David C. Armillei in Opposition re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Declaration of David C. Armillei in Support of Plaintiff's Sur-Reply to Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Stephens, Molly) (Main Document 498 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 497 SUR-REPLY to Motion re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 497 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 496 SUR-REPLY to Motion re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 496 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 495 Opposition re #492 MOTION to Strike Defendants' Motion to Strike The Declarations of Steven I. Butler, John A. Kilpatrick, Charles D. Cowan, and James H. Aronoff, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 495 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 494 MEMORANDUM in Support re #492 MOTION to Strike Defendants' Motion to Strike The Declarations of Steven I. Butler, John A. Kilpatrick, Charles D. Cowan, and James H. Aronoff, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 494 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 493 Statement of Material Facts L.R. 56.1 re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Plaintiff's Consolidated Reply Statement of Material Undisputed Facts and Response to Defendant Deutsche Bank's Counterstatement of Material Facts filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 493 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 492 MOTION to Strike Defendants' Motion to Strike The Declarations of Steven I. Butler, John A. Kilpatrick, Charles D. Cowan, and James H. Aronoff, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy) (Main Document 492 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 491 REPLY to Response to #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Plaintiff's Reply in Support of its Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 491 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 490 AFFIDAVIT of Brett R. Brandenberg in Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-2)(Stephens, Molly) (Main Document 490 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 489 DECLARATION re #479 Sur-Reply to Motion, by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Weinman, Kathy) (Main Document 489 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 488 Counter Statement of Material Facts L.R. 56.1 re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Plaintiff's Response to Defendants' Local Rule 56.1 Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment Based on the Statute of Limitations and Lack of Standing; Statement of Additional Disputed Material Facts filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 488 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 487 Opposition re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 487 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 486 AFFIDAVIT of James H. Aronoff in Opposition re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Stephens, Molly) (Main Document 486 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 485 Statement of Material Facts L.R. 56.1 re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Plaintiff's Response to Defendants' Local Rule 56.1 Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement; Statement of Additional Material Facts filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 485 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 484 Opposition re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 484 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 483 Opposition re #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Plaintiff's Opposition to Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick, Ph.D., filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 483 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 482 Opposition re #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) Plaintiff's Opposition to Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler, filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 482 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 481 AFFIDAVIT in Support re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Declaration of Molly Stephens filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-15, #3 Exhibit 26-37, #4 Exhibit 38-47, #5 Exhibit 48-57, #6 Exhibit 58-66, #7 Exhibit 67-88, #8 Exhibit 89-105, #9 Exhibit 106, #10 Exhibit 107, #11 Exhibit 108-126, #12 Exhibit 127-162, #13 Exhibit 163-170, #14 Exhibit 171-188, #15 Text of Proposed Order, #16 Exhibit 16-25)(Stephens, Molly) (Main Document 481 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 480 Statement of Material Facts L.R. 56.1 re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) "Defendant Deutsche Bank Securities Inc.'s Local Rule 56.1 Sur-Reply to Plaintiff's Statement of Undisputed Material Facts and Reply in Further Support of DBSI's Counterstatement of Material Facts" filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy) (Main Document 480 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 479 SUR-REPLY to Motion re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy) (Main Document 479 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 478 DECLARATION re #473 Opposition to Motion, by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, Part A, #4 Exhibit 3, Part B, #5 Exhibit 3, Part C, #6 Exhibit 3, Part D, #7 Exhibit 3, Part E, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, Part A, #15 Exhibit 10, Part B, #16 Exhibit 10, Part C, #17 Exhibit 10, Part D, #18 Exhibit 10, Part E, #19 Exhibit 11, #20 Exhibit 12, #21 Exhibit 13, #22 Exhibit 14, #23 Exhibit 15, #24 Exhibit 16, #25 Exhibit 17, #26 Exhibit 18, #27 Exhibit 19, #28 Exhibit 20, Part A, #29 Exhibit 20, Part B, #30 Exhibit 20, Part C, #31 Exhibit 20, Part D, #32 Exhibit 21, #33 Exhibit 22, #34 Exhibit 23, #35 Exhibit 24, #36 Exhibit 25, #37 Exhibit 26, #38 Exhibit 27, #39 Exhibit 28, #40 Exhibit 29, #41 Exhibit 30, #42 Exhibit 31, #43 Exhibit 32, #44 Exhibit 33, #45 Exhibit 34, #46 Exhibit 35, #47 Exhibit 36, #48 Exhibit 37, #49 Exhibit 38, #50 Exhibit 39, #51 Exhibit 40, #52 Exhibit 41, #53 Exhibit 42, #54 Exhibit 43, #55 Exhibit 44, #56 Exhibit 45, #57 Exhibit 46, #58 Exhibit 47, #59 Exhibit 48, #60 Exhibit 49, #61 Exhibit 50, #62 Exhibit 51, #63 Exhibit 52, #64 Exhibit 53, #65 Exhibit 54, #66 Exhibit 55, #67 Exhibit 56, #68 Exhibit 57, #69 Exhibit 58, #70 Exhibit 59, #71 Exhibit 60, #72 Exhibit 61, #73 Exhibit 62, #74 Exhibit 63, #75 Exhibit 64, #76 Exhibit 65, #77 Exhibit 66, #78 Exhibit 67, #79 Exhibit 68, #80 Exhibit 69, #81 Exhibit 70, #82 Exhibit 71, #83 Exhibit 72, #84 Exhibit 73, #85 Exhibit 74, #86 Exhibit 75, #87 Exhibit 76, Part A, #88 Exhibit 76, Part B, #89 Exhibit 76, Part C, #90 Exhibit 76, Part D, #91 Exhibit 76, Part E, #92 Exhibit 76, Part F, #93 Exhibit 76, Part G, #94 Exhibit 77, #95 Exhibit 78, #96 Exhibit 79, #97 Exhibit 80, #98 Exhibit 81, #99 Exhibit 82, #100 Exhibit 83, #101 Exhibit 84, #102 Exhibit 85, #103 Exhibit 86, #104 Exhibit 87, #105 Exhibit 88, #106 Exhibit 89, #107 Exhibit 90, #108 Exhibit 91, #109 Exhibit 92, #110 Exhibit 93, #111 Exhibit 94, #112 Exhibit 95, #113 Exhibit 96, #114 Exhibit 97, #115 Exhibit 98, #116 Exhibit 99, #117 Exhibit 100, #118 Exhibit 101, #119 Exhibit 102, #120 Exhibit 103, #121 Exhibit 104, #122 Exhibit 105, #123 Exhibit 106, #124 Exhibit 107, #125 Exhibit 108, #126 Exhibit 109, #127 Exhibit 110, #128 Exhibit 111, #129 Exhibit 112, #130 Exhibit 113, #131 Exhibit 114, #132 Exhibit 115, #133 Exhibit 116, #134 Exhibit 117, #135 Exhibit 118, #136 Exhibit 119, #137 Exhibit 120)(Weinman, Kathy) (Main Document 478 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 477 AFFIDAVIT of Joseph Swartz re #473 Opposition to Motion, by Deutshe Bank Securities, Inc.. (Weinman, Kathy) (Main Document 477 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 476 AFFIDAVIT of Timothy P. F. Crowley re #473 Opposition to Motion, by Deutshe Bank Securities, Inc.. (Weinman, Kathy) (Main Document 476 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 475 AFFIDAVIT in Support re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) Declaration of Charles D. Cowan, Ph.D. filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A)(Stephens, Molly) (Main Document 475 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 474 Statement of Material Facts L.R. 56.1 re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) "Defendant Deutsche Bank Securities Inc.'s Local Rule 56.1 Reply to Corrected Plaintiff's Statement of Undisputed Material Facts and Counterstatement of Material Facts" filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy) (Main Document 474 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 473 Opposition re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy) (Main Document 473 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 472 Statement of Material Facts L.R. 56.1 re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 472 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 471 MEMORANDUM in Support re #470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly) (Main Document 471 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 470 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
April 6, 2015 Filing 469 DECLARATION re #467 Reply to Response to Motion, by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, Part A, #6 Exhibit 5, Part B, #7 Exhibit 5, Part C, #8 Exhibit 5, Part D, #9 Exhibit 5, Part E, #10 Exhibit 5, Part F, #11 Exhibit 5, Part G, #12 Exhibit 5, Part H, #13 Exhibit 5, Part I, #14 Exhibit 6, #15 Exhibit 7, #16 Exhibit 8, #17 Exhibit 9, Part A, #18 Exhibit 9, Part B, #19 Exhibit 9, Part C, #20 Exhibit 10, #21 Exhibit 11, #22 Exhibit 12, #23 Exhibit 13, Part A, #24 Exhibit 13, Part B, #25 Exhibit 14, #26 Exhibit 15)(Weinman, Kathy) (Main Document 469 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 468 Statement of Material Facts L.R. 56.1 re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) "Defendants' Reply to Plaintiff's Response to Defendants' Local Rule 56.1 Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing and Additional Disputed Material Facts" filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 468 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 467 REPLY to Response to #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 467 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 466 DECLARATION re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, Part A, #9 Exhibit 8, Part B, #10 Exhibit 8, Part C, #11 Exhibit 8, Part D, #12 Exhibit 8, Part E, #13 Exhibit 8, Part F, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, Part A, #19 Exhibit 13, Part B, #20 Exhibit 13, Part C, #21 Exhibit 14, #22 Exhibit 15, Part A, #23 Exhibit 15, Part B, #24 Exhibit 15, Part C, #25 Exhibit 15, Part D, #26 Exhibit 16, Part A, #27 Exhibit 16, Part B, #28 Exhibit 16, Part C, #29 Exhibit 16, Part D, #30 Exhibit 17, #31 Exhibit 18, #32 Exhibit 19, #33 Exhibit 20, Part A, #34 Exhibit 20, Part B, #35 Exhibit 21, Part A, #36 Exhibit 21, Part B, #37 Exhibit 22, Part A, #38 Exhibit 22, Part B, #39 Exhibit 22, Part C, #40 Exhibit 22, Part D, #41 Exhibit 23, Part A, #42 Exhibit 23, Part B, #43 Exhibit 23, Part C, #44 Exhibit 24, Part A, #45 Exhibit 24, Part B, #46 Exhibit 24, Part C, #47 Exhibit 24, Part D, #48 Exhibit 25, #49 Exhibit 26, #50 Exhibit 27, #51 Exhibit 28, #52 Exhibit 29, Part A, #53 Exhibit 29, Part B, #54 Exhibit 29, Part C, #55 Exhibit 29, Part D, #56 Exhibit 29, Part E, #57 Exhibit 30, #58 Exhibit 31, #59 Exhibit 32, #60 Exhibit 33, #61 Exhibit 34, #62 Exhibit 35, #63 Exhibit 36, #64 Exhibit 37, #65 Exhibit 38, #66 Exhibit 39, #67 Exhibit 40, Part A, #68 Exhibit 40, Part B, #69 Exhibit 40, Part C, #70 Exhibit 40, Part D, #71 Exhibit 40, Part E, #72 Exhibit 40, Part F, #73 Exhibit 40, Part G, #74 Exhibit 40, Part H, #75 Exhibit 40, Part I, #76 Exhibit 40, Part J, #77 Exhibit 41, Part A, #78 Exhibit 41, Part B, #79 Exhibit 41, Part C, #80 Exhibit 41, Part D, #81 Exhibit 41, Part E, #82 Exhibit 41, Part F, #83 Exhibit 41, Part G, #84 Exhibit 41, Part H, #85 Exhibit 41, Part I, #86 Exhibit 41, Part J, #87 Exhibit 42, #88 Exhibit 43, #89 Exhibit 44, #90 Exhibit 45, Part A, #91 Exhibit 45, Part B, #92 Exhibit 46, #93 Exhibit 47, #94 Exhibit 48, #95 Exhibit 49, #96 Exhibit 50, #97 Exhibit 51, #98 Exhibit 52, #99 Exhibit 53, #100 Exhibit 54)(Weinman, Kathy) (Main Document 466 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 465 MEMORANDUM in Support re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 465 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 464 Statement of Material Facts L.R. 56.1 re #463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 464 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 463 MOTION for Summary Judgment Defendants' Motion for Summary Judgment Based on The Statute of Limitations and Lack of Standing, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy) (Main Document 463 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 462 DECLARATION re #460 Reply to Response to Motion, by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, Part A, #6 Exhibit 5, Part B, #7 Exhibit 5, Part C, #8 Exhibit 5, Part D, #9 Exhibit 6, Part A, #10 Exhibit 6, Part B, #11 Exhibit 6, Part C, #12 Exhibit 6, Part D, #13 Exhibit 6, Part E, #14 Exhibit 7, Part A, #15 Exhibit 7, Part B, #16 Exhibit 7, Part C, #17 Exhibit 7, Part D, #18 Exhibit 7, Part E, #19 Exhibit 8, #20 Exhibit 9, #21 Exhibit 10, #22 Exhibit 11, #23 Exhibit 12, #24 Exhibit 13, #25 Exhibit 14, #26 Exhibit 15, #27 Exhibit 16, #28 Exhibit 17, #29 Exhibit 18, #30 Exhibit 19, #31 Exhibit 20, #32 Exhibit 21)(Weinman, Kathy) (Main Document 462 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 461 Statement of Material Facts L.R. 56.1 re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) "Defendants' Reply to Plaintiff's Response to Defendants' Local Rule 56.1 Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement" filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 461 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 460 REPLY to Response to #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 460 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 459 AFFIDAVIT of Joel Spolin re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 459 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 458 AFFIDAVIT of Arnold Barnett, Ph.D. re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 458 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 457 DECLARATION re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part A, #3 Exhibit 2, Part B, #4 Exhibit 2, Part C, #5 Exhibit 2, Part D, #6 Exhibit 2, Part E, #7 Exhibit 2, Part F, #8 Exhibit 2, Part G, #9 Exhibit 2, Part H, #10 Exhibit 2, Part I, #11 Exhibit 2, Part J, #12 Exhibit 3, #13 Exhibit 4, #14 Exhibit 5, #15 Exhibit 6, #16 Exhibit 7, #17 Exhibit 8, #18 Exhibit 9, #19 Exhibit 10, #20 Exhibit 11, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15, #25 Exhibit 16, #26 Exhibit 17, #27 Exhibit 18, #28 Exhibit 19, #29 Exhibit 20, #30 Exhibit 21, #31 Exhibit 22, #32 Exhibit 23, #33 Exhibit 24, #34 Exhibit 25, #35 Exhibit 26, #36 Exhibit 27, #37 Exhibit 28, #38 Exhibit 29, #39 Exhibit 30, #40 Exhibit 31, #41 Exhibit 32, #42 Exhibit 33, #43 Exhibit 34, #44 Exhibit 35)(Weinman, Kathy) (Main Document 457 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 456 MEMORANDUM in Support re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 456 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 455 Statement of Material Facts L.R. 56.1 re #454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 455 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 454 MOTION for Summary Judgment Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement, filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy) (Main Document 454 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 453 Response by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson to #336 Request for Judicial Notice, Reply Memorandum of Law in Support of Defendants' Request for Judicial Notice in Support of Their Motion to Exclude the Expert Testimony of John A. Kilpatrick, Ph.D., filed pursuant to Court Order dated April 1, 2015 (Document No. 441). (Weinman, Kathy) (Main Document 453 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 452 DECLARATION re #451 Reply to Response to Motion, by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Weinman, Kathy) (Main Document 452 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 451 REPLY to Response to #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 451 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 450 DECLARATION re #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, Part A, #2 Exhibit 1, Part B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Weinman, Kathy) (Main Document 450 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 449 MEMORANDUM in Support re #448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 449 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 448 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick Ph.D. filed pursuant to Court Order dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy) (Main Document 448 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 447 DECLARATION re #446 Reply to Response to Motion, by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Weinman, Kathy) (Main Document 447 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 446 REPLY to Response to #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 446 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 445 AFFIDAVIT of Joel Spolin in Support re #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1)(Weinman, Kathy) (Main Document 445 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 444 DECLARATION re #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, Part A, #2 Exhibit 1, Part B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, Part A, #7 Exhibit 5, Part B, #8 Exhibit 5, Part C, #9 Exhibit 5, Part D, #10 Exhibit 5, Part E, #11 Exhibit 5, Part F, #12 Exhibit 5, Part G, #13 Exhibit 5, Part H, #14 Exhibit 5, Part I, #15 Exhibit 5, Part J, #16 Exhibit 5, Part K, #17 Exhibit 5, Part L, #18 Exhibit 5, Part M, #19 Exhibit 6, #20 Exhibit 7, #21 Exhibit 8, Part A, #22 Exhibit 8, Part B, #23 Exhibit 8, Part C, #24 Exhibit 8, Part D, #25 Exhibit 8, Part E, #26 Exhibit 8, Part F, #27 Exhibit 9, Part A, #28 Exhibit 9, Part B, #29 Exhibit 9, Part C, #30 Exhibit 9, Part D, #31 Exhibit 9, Part E, #32 Exhibit 9, Part F, #33 Exhibit 10, Part A, #34 Exhibit 10, Part B, #35 Exhibit 10, Part C, #36 Exhibit 10, Part D, #37 Exhibit 11, #38 Exhibit 12)(Weinman, Kathy) (Main Document 444 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 443 MEMORANDUM in Support re #442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy) (Main Document 443 replaced on 4/9/2015) (Lindsay, Maurice).
April 6, 2015 Filing 442 MOTION in Limine Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler filed pursuant to Court Order Dated April 1, 2015 (Document No. 441) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy) (Main Document 442 replaced on 4/9/2015) (Lindsay, Maurice).
April 1, 2015 Filing 441 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. re 437 Joint Submission Regarding Proposed Redaction for Materials under Seal in Connection with Summary Judgment and Daubert Briefing. For purposes of clarification, as requested by the parties, the court finds the loan numbers are not confidential information and, thus, should not be redacted from the various documents. The court agrees with Plaintiff that Judge Neimans May 30, 2013 order in this regard was clear. (Dkt. No. 152.) To the extent any confusion stems from that ruling, the clear intent of Judge Neimans order was to no longer designate the loans numbers as confidential information. The court also finds the concern expressed by third-party Ocwen Loan Servicing, LLC about the use of the loan numbers for marketing purposes is overly cautious. As Plaintiff explains, and as Judge Neiman apparently found, the loan numbers themselves do not provide any information which would allow the identification of a property or borrower. The parties are redacting additional information beyond the loan numbers. The parties shall therefore file the various documents with the redactions listed in Section III of the Joint Submission (Dkt. No. 437) within three business days.(Pelegano, Theresa)
April 1, 2015 Filing 440 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. re #435 Recommendations for Scheduling Order Plaintiff's Scheduling Request. In light of the courts ruling on Defendants motion to strike (Dkt. No. 439), the court declines to adopt Plaintiffs recommended scheduling request or otherwise set a pre-trial schedule at this time. As explained in the courts ruling, expert discovery may be re-opened on a limited number of issues, and the court may continue the hearing on Defendants material misrepresentation motion. Accordingly, while these issues remain in flux, the court believes it is premature to set a detailed pre-trial schedule at this point in the manner Plaintiff suggests. (Pelegano, Theresa)
March 31, 2015 Filing 439 Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court DENIES Defendants motion to strike (Dkt. No. 395 ). The parties are directed to file within one week of this order a joint notice discussing the need for additional expert discovery pertaining to the new material identified in this decision and a proposed discovery schedule.It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
March 27, 2015 Filing 438 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 3/27/2015 re 359 MOTION DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF STEVEN I. BUTLER, 395 MOTION to Strike filed by Deutshe Bank Securities, Inc., Richard Ferguson, Anilesh Ahuja, Michael Commaroto, Richard D'Albert, 355 MOTION DEFENDANTS MOTION TO EXCLUDE THE EXPERT. Argument completed court takes matters under advisement. (Court Reporter: Alice Moran atalice.moran@verizon.net.)(Attorneys present: Barrett, Stephens, Williams, Spelman, Woll, Russell, Burk) (Pelegano, Theresa)
March 26, 2015 Filing 436 Response by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson to #435 Recommendations for Scheduling Order Plaintiff's Scheduling Request. (Weinman, Kathy)
March 23, 2015 Filing 435 Recommendations for Scheduling Order Plaintiff's Scheduling Request. (Stephens, Molly)
March 17, 2015 Filing 434 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered the court adopts and approves #431 NOTICE by Massachusetts Mutual Life Insurance Company Plaintiff's Notice of Proposal for Meeting and Conferring Regarding Materials Filed Under Seal in Connection with Summary Judgment and Daubert Briefing (Pelegano, Theresa)
March 16, 2015 Filing 433 Response by Massachusetts Mutual Life Insurance Company to #431 Notice (Other), #432 Response, Plaintiff's Reply to Defendants' Response Regarding Third Party Materials Filed Under Seal in Connection with Summary Judgment and Daubert Briefing. (Stephens, Molly)
March 15, 2015 Filing 432 Response by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson to #431 Notice (Other) "Defendants' Response to Plaintiff's Notice of Proposal for Meeting and Conferring Regarding Materials Filed Under Seal in Connection with Summary Judgment and Daubert Briefing". (Weinman, Kathy)
March 13, 2015 Filing 431 NOTICE by Massachusetts Mutual Life Insurance Company Plaintiff's Notice of Proposal for Meeting and Conferring Regarding Materials Filed Under Seal in Connection with Summary Judgment and Daubert Briefing (Stephens, Molly)
March 6, 2015 Filing 430 Response by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson to #425 Notice (Other) "Defendants' Response to Plaintiff's Notice of Lodging of New Authority". (Weinman, Kathy)
March 3, 2015 Filing 429 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #427 Motion for Leave to Appear Pro Hac Vice. ALLOWED; Added Richard I. Werder, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
March 3, 2015 Filing 428 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #426 Motion for Leave to Appear Pro Hac Vice. ALLOWED; Added Philippe Z. Selendy. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
March 2, 2015 Filing 427 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Richard I. Werder, Jr. Filing fee: $ 100, receipt number 0101-5434231 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Egan, John)
March 2, 2015 Filing 426 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Philippe Z. Selendy Filing fee: $ 100, receipt number 0101-5434226 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Egan, John)
February 27, 2015 Filing 425 NOTICE by Massachusetts Mutual Life Insurance Company of Lodging of New Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stephens, Molly)
February 13, 2015 Filing 424 ELECTRONIC NOTICE Setting Hearing on Motion 342 Defendants' Motion for Summary Judgment Based on Statute of Limitations and Lack of Standing,, #333 MOTION for Summary Judgment - Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense, 350 MOTION Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement. Motion Hearing set for 4/17/2015 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa)
February 13, 2015 Filing 423 ELECTRONIC NOTICE Setting Hearing on Motion 355 MOTION DEFENDANTS MOTION TO EXCLUDE THE EXPERT of John Kilpatrick,, 359 MOTION DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF STEVEN I. BUTLER, 395 MOTION to Strike Declarations of Steven Butler, John Kilpatrick, Charles Cowan, and James Aronoff: Motion Hearing set for 3/27/2015 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (non-evidentiary)(Pelegano, Theresa)
February 10, 2015 Filing 422 NOTICE by Massachusetts Mutual Life Insurance Company re 421 Order,, Plaintiff's and Defendants' Joint Notice Regarding Evidentiary Hearings on Defendants' Motions to Exclude the Expert Testimony of Stephen I. Butler and John A. Kilpatrick, Ph.D. (Stephens, Molly)
February 5, 2015 Filing 421 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. Regarding 355 Defendants Motion to Exclude the Expert Testimony of John A. Kilpatrick and 359 Defendants Motion to Exclude the Expert Testimony of Steven I. Butler. The parties shall file notices informing the court whether they seek evidentiary hearings on the motions and the reasons supporting their respective positions. The parties shall also provide the court with witness lists in the event the court decides to hold evidentiary hearings. After reviewing the parties notices, the court will make a determination as to the necessity of such evidentiary hearings. (Lindsay, Maurice)
February 3, 2015 Filing 419 ELECTRONIC NOTICE Canceling Hearing. The motion hearing set for February 17, 2015 is canceled. The hearing will be rescheduled for one or more dates in mid-to-late March, 2015. (Healy, Bethaney)
February 3, 2015 Filing 418 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #404 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 417 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #403 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 416 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #393 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 415 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #391 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 414 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #372 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 413 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #370 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 412 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #335 Assented to Motion to Seal. ALLOWED. (Lindsay, Maurice)
February 3, 2015 Filing 411 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #334 Motion to Seal. ALLOWED. (Lindsay, Maurice)
January 29, 2015 Filing 405 NOTICE by Massachusetts Mutual Life Insurance Company Plaintiff's Notice of Lodging of Recent Decisions in Federal Housing Finance Agency v. Nomura Holding America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stephens, Molly)
January 29, 2015 Filing 404 MOTION to Seal Plaintiff's Assented-To Motion for Impoundment Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
January 29, 2015 Filing 403 Assented to MOTION to Seal "Defendant Deutsche Bank Securities Inc.'s Assented-to Motion for Impoundment Under Local Rule 7.2 by Deutshe Bank Securities, Inc..(Weinman, Kathy)
January 28, 2015 Filing 402 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #401 Unopposed Motion for Leave to File in Excess of 20 pages the Defendant's Sur-Reply Memorandum of Law in Further Opposition to Plaintiff's Motion for Partial Summary Judgment on Deutsche Bank Securities Inc.'s Due Diligence Defense Due January 29, 2015. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Healy, Bethaney)
January 26, 2015 Filing 401 MOTION for Leave to File Excess Pages "Unopposed Motion to Extend Page Limits for Defendant's Sur-Reply Memorandum of Law in Further Opposition to Plaintiff's Motion for Partial Summary Judgment on Deutsche Bank Securities Inc.'s Due Diligence Defense Due January 29, 2015" by Deutshe Bank Securities, Inc..(Weinman, Kathy)
January 15, 2015 Filing 393 Assented to MOTION to Seal - Motion for Impoundment Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
January 15, 2015 Filing 392 Response by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson to #339 Request for Judicial Notice, Reply Memorandum of Law in Support of Defendants' Request for Judicial Notice in Support of Their Motion to Exclude the Expert Testimony of Steven I. Butler. (Weinman, Kathy)
January 15, 2015 Filing 391 Assented to MOTION to Seal Defendants' Assented-To Motion for Impoundment Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
January 14, 2015 Filing 390 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #388 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #389 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pelegano, Theresa)
January 13, 2015 Filing 389 MOTION for Leave to File Excess Pages "Unopposed Motion to Establish Page Limits for Defendants' Reply Memoranda of Law in Support of Their Motions for Summary Judgment and Daubert Motions" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
January 12, 2015 Filing 388 MOTION for Leave to File Excess Pages Unopposed Motion for Extension of Page Limits for MassMutual's Reply in Support of its Summary Judgment Motion due January 15, 2015 by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
January 7, 2015 Filing 387 NOTICE of Withdrawal of Appearance by Azure M. Abuirmeileh "Notice of Withdrawal of Appearance of Evan I. Cohen" (Abuirmeileh, Azure)
January 6, 2015 Filing 386 Case no longer referred to Magistrate Judge Robert B. Collings. (Russo, Noreen)
December 22, 2014 Filing 374 Request for Judicial Notice in Support of Oppositions Filed by Massachusetts Mutual Life Insurance Company on December 22, 2014 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 17, #17 Exhibit 16, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59)(Stephens, Molly)
December 22, 2014 Filing 373 Objection to #339 Request for Judicial Notice, by Massachusetts Mutual Life Insurance Company in Opposition to Defendants' Request for Judicial Notice in Support of Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler. (Olivar, Harry)
December 22, 2014 Filing 372 MOTION to Seal Assented-To Motion for Impoundment Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Stephens, Molly)
December 22, 2014 Filing 371 Request for Judicial Notice in Support of Defendant Deutsche Bank Securities Inc.'s Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment on Deutsche Bank Securities Inc.'s Due Diligence Defense by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Weinman, Kathy)
December 22, 2014 Filing 370 Assented to MOTION to Seal Defendant Deutsche Bank Securities Inc.'s Assented-To Motion for Impoundment Under Local Rule 7.2 by Deutshe Bank Securities, Inc..(Weinman, Kathy)
December 19, 2014 Filing 369 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #367 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #368 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pelegano, Theresa)
December 16, 2014 Filing 368 MOTION for Leave to File Excess Pages Unopposed Motion for Extension of Page Limits for MassMutual's Oppositions to Defendants' Summary Judgment Motions and Accompanying Daubert Motions Due December 22, 2014 by Massachusetts Mutual Life Insurance Company.(Olivar, Harry)
December 16, 2014 Filing 367 MOTION for Leave to File Excess Pages Unopposed Motion to Extend Page Limits for Defendant Deutsche Bank Securities Inc.'s Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment by Deutshe Bank Securities, Inc..(Weinman, Kathy)
December 8, 2014 Filing 366 ELECTRONIC NOTICE of Hearing. Jury Trial set for 7/13/2015 09:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. Final Pretrial Conference set for 6/22/2015 02:00 PM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa)
December 4, 2014 Filing 365 NOTICE by Massachusetts Mutual Life Insurance Company Joint Notice Proposing Pretrial Conference and Trial Dates (Stephens, Molly)
November 26, 2014 Filing 341 NOTICE by Massachusetts Mutual Life Insurance Company Joint Notice Regarding Trial Date (Stephens, Molly)
November 26, 2014 Filing 340 Withdrawal of motion: #321 Letter/request (non-motion).. (Stephens, Molly)
November 21, 2014 Filing 339 Request for Judicial Notice in Support of Defendants' Motion to Exclude the Expert Testimony of Steven I. Butler by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weinman, Kathy)
November 21, 2014 Filing 338 Request for Judicial Notice in Support of Defendants' Motion for Summary Judgment for Failure to Establish a Material Misstatement by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1)(Weinman, Kathy)
November 21, 2014 Filing 337 Request for Judicial Notice in Support of Defendants' Motion for Summary Judgment Based on the Statute of Limitations and Lack of Standing by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Weinman, Kathy)
November 21, 2014 Filing 336 Request for Judicial Notice in Support of Defendants' Motion to Exclude the Expert Testimony of John A. Kilpatrick, Ph.D. by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Weinman, Kathy)
November 21, 2014 Filing 335 Assented to MOTION to Seal Motion for Impoundment Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
November 21, 2014 Filing 334 Assented to MOTION to Seal - Motion for Impoundment Under Local Rule 7.2 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Proposed Order)(Stephens, Molly)
November 21, 2014 Filing 333 MOTION for Summary Judgment - Plaintiff's Motion for Partial Summary Judgment on Defendant Deutsche Bank's Due Diligence Affirmative Defense by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Proposed Order)(Stephens, Molly)
November 21, 2014 Filing 332 NOTICE Of Clarification. The service of non-electronic documents as previously indicated applies to the parties not the court. Counsel does not have to have documents filed with court until Monday. Please contact clerk if there were any problems completing service so that they can be individually addressed. Associated Cases: 3:11-cv-30039-MGM et al.(Pelegano, Theresa)
November 21, 2014 Filing 331 NOTICE of Clarification. The extension to file is for Electronic Filing of document as service electronically can not be completed at this time. If Documents were being filed under seal (not electronically) etc. the parties should complete service as previously required. This extension DOES NOT extend to any other deadlines in the scheduling order. Associated Cases: 3:11-cv-30039-MGM et al.(Pelegano, Theresa)
November 21, 2014 Filing 330 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 11/21/2014. SJ motion hearing scheduled for 2/17/15 at 2pm. Parties to contact clerk re: trial date by 11/26/2014. (Court Reporter: Alice Moran at 413-731-0086.) Associated Cases: 3:11-cv-30035-MGM et al.(Pelegano, Theresa)
November 21, 2014 Filing 329 NOTICE Due to problems with our external website and ECF the court has granted a extension of filing summary judgment motions and supp. filings to Monday, 11/24/14. The court has been informed these problems will not be fixed until tomorrow. Associated Cases: 3:11-cv-30035-MGM et al.(Pelegano, Theresa)
November 20, 2014 Filing 328 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #327 Motion for Leave to Appear Pro Hac Vice Added Andrew T. Frankel. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 20, 2014 Filing 327 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew T. Frankel Filing fee: $ 100, receipt number 0101-5289257 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Abuirmeileh, Azure)
November 20, 2014 Filing 326 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #323 Motion for Leave to Appear Pro Hac Vice Added Meredith C. Duffy. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 20, 2014 Filing 325 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #290 Motion for Leave to Appear Pro Hac Vice Added Craig S. Waldman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 20, 2014 Filing 324 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #289 Motion for Leave to Appear Pro Hac Vice Added Zara Ohiorhenuan and Christopher G. Lee. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 19, 2014 Filing 323 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Meredith C. Duffy Filing fee: $ 100, receipt number 0101-5288427 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Abuirmeileh, Azure)
November 19, 2014 Filing 322 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #319 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #320 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)
November 18, 2014 Filing 321 Letter/request (non-motion) from Massachusetts Mutual Life Insurance Company - Request for Agenda Item at the November 21, 2014 Status Conference. (Stephens, Molly)
November 17, 2014 Filing 320 MOTION for Leave to File Excess Pages Unopposed Motion to Extend Page Limits for Defendants' Memoranda of Law in Support of Their Motions for Summary Judgment and Daubert Motions by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
November 17, 2014 Filing 319 MOTION for Leave to File Excess Pages Unopposed Motion for Extension of Page Limits for MassMutual's Summary Judgment Motion Due November 21, 2014 by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
November 10, 2014 Filing 318 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #317 Motion for Leave to Appear Pro Hac Vice Added Evan I. Cohen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
November 10, 2014 Filing 317 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Evan I. Cohen Filing fee: $ 100, receipt number 0101-5272954 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Abuirmeileh, Azure)
October 29, 2014 Filing 316 Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. For the reasons, Pltf's Motions for Partial Summary Judgment are ALLOWED. Granting (251) Motion for Partial Summary Judgment in case 3:11-cv-30035-MGM; granting (280) Motion for Partial Summary Judgment in case 3:11-cv-30039-MGM; granting (270) Motion for Partial Summary Judgment in case 3:11-cv-30044-MGM; granting (255) Motion for Partial Summary Judgment in case 3:11-cv-30047-MGM; granting (287) Motion for Partial Summary Judgment in case 3:11-cv-30048-MGM; granting (352) Motion for Partial Summary Judgment in case 3:11-cv-30094-MGM; granting (333) Motion for Partial Summary Judgment in case 3:11-cv-30126-MGM; granting (237) Motion for Partial Summary Judgment in case 3:11-cv-30127-MGM; granting (231) Motion for Partial Summary Judgment in case 3:11-cv-30141-MGM; granting (345) Motion for Partial Summary Judgment in case 3:11-cv-30215-MGM; granting (360) Motion for Partial Summary Judgment in case 3:11-cv-30285-MGM Associated Cases: 3:11-cv-30035-MGM et al.(Finn, Mary)
October 29, 2014 Filing 315 Notice of correction to docket made by Court staff. Correction: All the Memorandum and Orders entered in all of these cases re: P's Motion for Partial S/J. corrected because: Due to clerical errors. Associated Cases: 3:11-cv-30035-MGM et al.(Finn, Mary)
October 27, 2014 Filing 314 NOTICE of Withdrawal of Appearance by Leigh Wasserstrom (Wasserstrom, Leigh)
October 15, 2014 Filing 313 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #312 Motion for Leave to Appear Pro Hac Vice Added Leigh Wasserstrom. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
October 15, 2014 Filing 312 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Leigh Wasserstrom Filing fee: $ 100, receipt number 0101-5233247 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Affidavit Exhibit A)(Abuirmeileh, Azure)
October 10, 2014 Filing 311 Set/Reset Deadlines: Parties to serve rebuttal expert reports by 10/20/2014. All expert depos./expert disc. extented to 11/7/2014. Motions for S/J due by 11/21/2014. Responses due by 12/22/2014. Replies due by 1/15/2015. Sur-replies due by 1/29/2015. Motion Hearing set for 2/17/2015 02:00 PM in Franklin Courtroom before Judge Mark G. Mastroianni. Associated Cases: 3:11-cv-30039-MGM, 3:11-cv-30215-MGM(Finn, Mary)
October 10, 2014 Filing 310 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting (309) Motion for Modification in case 3:11-cv-30039-MGM; granting (400) Motion for Modification in case 3:11-cv-30215-MGM. Associated Cases: 3:11-cv-30039-MGM, 3:11-cv-30215-MGM(Finn, Mary)
October 10, 2014 Filing 309 Joint MOTION to Modify June 27, 2014 Scheduling Order to Extend Expert Discovery and Motion for Summary Judgment Deadlines by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
October 9, 2014 Filing 308 ELECTRONIC NOTICE of Hearing. Status Conference set for 11/21/2014 11:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. Associated Cases: 3:11-cv-30035-MGM et al.(Pelegano, Theresa)
October 7, 2014 Filing 307 NOTICE of Withdrawal of Appearance by Azure M. Abuirmeileh "Notice of Withdrawal of Appearance of Kimberly Hamm" (Abuirmeileh, Azure)
September 30, 2014 Filing 306 ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 9/30/2014 re (280 in 3:11-cv-30039-MGM) MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense filed by Massachusetts Mutual Life Insurance Company. Argument completed. Motin under advisement. (Court Reporter: Sarah Mubarek.)(Attorneys present: Barrett, Egan, Stephens, Williams, LAvely, Slifkin, Earnhardt) Associated Cases: 3:11-cv-30035-MGM et al.(Pelegano, Theresa)
September 29, 2014 Filing 305 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered in case 3:11-cv-30035-MGM; granting (374) Motion by Individual Defendant Matthew E. Perkins to Appear at September 30, 2014 Hearing on Motion for Partial Summary Judgment (Loss Causation) by Phone in case 3:11-cv-30094-MGM; granting (361) Motion by Individual Defendant Matthew E. Perkins to Appear at September 30, 2014 Hearing on Motion for Partial Summary Judgment (Loss Causation) by Phone in case 3:11-cv-30126-MGM. Counsel advised clerk that they would not be orally arguing on the motion and wished to listen by phone. Associated Cases: 3:11-cv-30126-MGM et al.(Pelegano, Theresa)
September 12, 2014 Filing 304 NOTICE of Appearance by Stephen E. Spelman on behalf of Massachusetts Mutual Life Insurance Company (Spelman, Stephen)
September 12, 2014 Filing 303 NOTICE of Appearance by John J. Egan on behalf of Massachusetts Mutual Life Insurance Company (Egan, John)
August 12, 2014 Filing 302 ELECTRONIC NOTICE Setting Hearing on Motion (251 in 3:11-cv-30035-MGM) (280 in 3:11-cv-30039-MGM) (255 in 3:11-cv-30047-MGM) (270 in 3:11-cv-30044-MGM) (287 in 3:11-cv-30048-MGM) (333 in 3:11-cv-30126-MGM) (352 in 3:11-cv-30094-MGM) (237 in 3:11-cv-30127-MGM) (231 in 3:11-cv-30141-MGM) (345 in 3:11-cv-30215-MGM) (360 in 3:11-cv-30285-MGM) MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense : Motion Hearing set for 9/30/2014 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. Associated Cases: 3:11-cv-30035-MGM et al.(Pelegano, Theresa)
August 11, 2014 Filing 301 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered in case 3:11-cv-30035-MGM; granting (294) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30039-MGM; granting (265) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30047-MGM; granting (362) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30094-MGM; granting (348) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30126-MGM; granting (245) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30127-MGM; granting (239) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30141-MGM; granting (358) Motion to Sealto Seal Document Motion for Impoundment Under Local Rule 7.2 in case 3:11-cv-30215-MGM; granting (378) Motion to Seal Document to Seal Document Motion for Impoundment Under Local Rule 7.2in case 3:11-cv-30285-MGM Associated Cases: 3:11-cv-30039-MGM et al.(Pelegano, Theresa)
August 11, 2014 Filing 300 ELECTRONIC NOTICE of Reassignment. Judge Mark G. Mastroianni added. Chief Judge Patti B. Saris no longer assigned to case. (Abaid, Kimberly)
August 8, 2014 Filing 299 REPLY to Response to #280 MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
July 18, 2014 Filing 296 DECLARATION re #295 Memorandum in Opposition to Motion, ("Declaration of Vanessa A. Lavely in Support of Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment on Defendants' Loss Causation Defense") (Redacted Versions of Exhibits) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Weinman, Kathy)
July 18, 2014 Filing 295 MEMORANDUM in Opposition re #280 MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense ("Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment on Defendants' Loss Causation Defense") (Redacted Version) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
July 18, 2014 Filing 294 Assented to MOTION to Seal Document Motion for Impoundment Under Local Rule 7.2 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
July 1, 2014 Filing 293 Pursuant to the notice entered on June 10, 2014, the attorneys listed below have been stricken from the record, in this and the related cases to this action, for failure to comply with the court' order to register for a CM/ECF account: Attorneys Philippe Z. Selendy of Quinn, Emanuel, Urquhart & Sullivan, LLP;Allison J. Zolot of Mayer Brown, LLP; John M. Conlon of Mayer, Brown, LLP; Rosaline Chan of Boies, Schiller & Flexner LLP; Anil K. Vassanji of Sullivan & Cromwell, LLP; Dylan G. Savage of Sullivan & Cromwell, LLP; and Kerry A. Tirrell of Sullivan & Cromwell, LLP(Hurley, Virginia)
June 27, 2014 Filing 292 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #291 Motion for Modification Extending Expert Discovery Deadlines only.
June 26, 2014 Filing 291 Joint MOTION to Modify the May 22, 2014 Scheduling Order to Extend Expert Discovery Deadlines by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
June 23, 2014 Filing 290 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Craig S. Waldman Filing fee: $ 100, receipt number 0101-5069955 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Abuirmeileh, Azure)
June 18, 2014 Filing 289 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Zara Ohiorhenuan and Christopher G. Lee Filing fee: $ 200, receipt number 0101-5063727 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Abuirmeileh, Azure)
June 16, 2014 Filing 288 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting (258) Motion for Modification in case 3:11-cv-30035-PBS; granting (287) Motion for Modification in case 3:11-cv-30039-PBS; granting (277) Motion for Modification in case 3:11-cv-30044-PBS; granting (260) Motion for Modification in case 3:11-cv-30047-PBS; granting (294) Motion for Modification in case 3:11-cv-30048-PBS; granting (357) Motion for Modification in case 3:11-cv-30094-PBS; granting (340) Motion for Modification in case 3:11-cv-30126-PBS; granting (242) Motion for Modification in case 3:11-cv-30127-PBS; granting (236) Motion for Modification in case 3:11-cv-30141-PBS; granting (350) Motion for Modification in case 3:11-cv-30215-PBS; granting (366) Motion for Modification in case 3:11-cv-30285-PBS Associated Cases: 3:11-cv-30035-PBS et al.(Dolan, Kathleen)
June 13, 2014 Filing 287 Joint MOTION to Modify the Briefing Schedule on Plaintiff's Motion for Partial Summary Judgment by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
June 10, 2014 Filing 286 NOTICE of Withdrawal of Appearance by Azure M. Abuirmeileh "Notice of Withdrawal of Appearance of Jason R. Meltzer" (Abuirmeileh, Azure)
June 10, 2014 Filing 285 NOTICE of Withdrawal of Appearance by Azure M. Abuirmeileh "Notice of Withdrawal of Appearance of Patrick Connorton" (Abuirmeileh, Azure)
June 10, 2014 Filing 284 NOTICE: The order entered granting the motion to appear pro hac vice states: Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register, go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form.The attorneys listed on the attached notice have failed to register for a CM/ECF account. By this notice, these attorneys are directed to apply for a CM/ECF account in the District of Massachusetts by July 1, 2014. Failure to do so may result in the attorney being stricken from the docket. Copies of this notice were sent by US Postal Service to the counsel listed herein.Associated Cases: 3:11-cv-30035-PBS et al.(Hurley, Virginia)
June 6, 2014 Filing 283 DECLARATION re #280 MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Stephens, Molly)
June 6, 2014 Filing 282 MEMORANDUM in Support re #280 MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 6, 2014 Filing 281 Statement of Material Facts L.R. 56.1 re #280 MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
June 6, 2014 Filing 280 MOTION for Partial Summary Judgment on Defendants' Loss Causation Defense by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
May 22, 2014 Filing 279 Magistrate Judge Robert B. Collings: MEMORANDUM AND ORDER ON MASSMUTUAL'S MOTION TO COMPEL DEFENDANT DEUTSCHE BANK TO PRODUCE DOCUMENTS AND TO PROVIDE AMENDED INTERROGATORY RESPONSES (#177).(Please see Memorandum and Order for details). (Dolan, Kathleen)
May 22, 2014 Filing 278 Magistrate Judge Robert B. Collings: ENDORSED ORDER entered granting #276 Motion for Extension of Time to Take Certain Fact Depositions. (Dolan, Kathleen)
May 21, 2014 Filing 277 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting (259) Motion for Leave to Appear Pro Hac Vice Added Natasha Saggar Sheth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30039-PBS; granting (233) Motion for Leave to Appear Pro Hac Vice Added Natasha Saggar Sheth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30047-PBS; granting (261) Motion for Leave to Appear Pro Hac Vice Added Natasha Saggar Sheth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30048-PBS; granting (307) Motion for Leave to Appear Pro Hac Vice Added Natasha Saggar Sheth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30126-PBS; granting (219) Motion for Leave to Appear Pro Hac Vice Added Natasha Saggar Sheth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30127-PBS Associated Cases: 3:11-cv-30039-PBS, 3:11-cv-30047-PBS, 3:11-cv-30048-PBS, 3:11-cv-30126-PBS, 3:11-cv-30127-PBS(Finn, Mary)
May 20, 2014 Filing 276 Joint MOTION for Extension of Time to Take Certain Fact Depositions and Serve Expert Reports by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
May 9, 2014 Filing 275 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #273 Motion for Leave to Appear Pro Hac Vice Added Daniel Rosengard. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #274 Motion for Leave to Appear Pro Hac Vice Added Karen Bobrow. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
May 2, 2014 Filing 274 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Karen Bobrow Filing fee: $ 100, receipt number 0101-4992552 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1 - Declaration of Karen Bobrow)(Pineault, Michael)
May 2, 2014 Filing 273 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Daniel Rosengard Filing fee: $ 100, receipt number 0101-4992536 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1 - Declaration of Daniel Rosengard)(Pineault, Michael)
April 7, 2014 Filing 272 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #271 Motion for Leave to Appear Pro Hac Vice Added William T. Russell, Jr. and Kimberly A. Hamm. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
April 2, 2014 Filing 271 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of William T. Russell, Jr. and Kimberly A. Hamm Filing fee: $ 200, receipt number 0101-4949121 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Abuirmeileh, Azure)
March 18, 2014 Filing 270 Magistrate Judge Robert B. Collings: ORDER FOR PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION FROM NON-PARTIES FDIC-RECEIVER AND ONEWEST BANK, NATIONAL ASSOCIATION entered. Associated Cases: 3:11-cv-30035-PBS et al.(Dolan, Kathleen)
March 18, 2014 Filing 269 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered "ALLOWING each of these motions to the extent that an Order for Production and Exchange of Confidential Information from Non-Parties FDIC-Receiver and OneWest Bank, National Association shall issue this date". granting (185) Motion for Protective Order in case 3:11-cv-30035-PBS; granting (219) Motion for Protective Order in case 3:11-cv-30039-PBS; granting (205) Motion for Protective Order in case 3:11-cv-30044-PBS; granting (192) Motion for Protective Order in case 3:11-cv-30047-PBS; granting (219) Motion for Protective Order in case 3:11-cv-30048-PBS; granting (277) Motion for Protective Order in case 3:11-cv-30094-PBS; granting (249) Motion for Protective Order in case 3:11-cv-30126-PBS; granting (169) Motion for Protective Order in case 3:11-cv-30127-PBS; granting (172) Motion for Protective Order in case 3:11-cv-30141-PBS; granting (224) Motion for Protective Order in case 3:11-cv-30215-PBS; granting (258) Motion for Protective Order in case 3:11-cv-30285-PBS Associated Cases: 3:11-cv-30035-PBS et al.(Dolan, Kathleen)
March 17, 2014 Filing 268 Proposed Document(s) submitted by Massachusetts Mutual Life Insurance Company. Document received: Notice of Lodging of [Proposed] Order for Production and Exchange of Confidential Information From Non-Parties FDIC-Receiver and OneWest Bank, National Association. (Stephens, Molly)
March 14, 2014 Filing 267 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered GRANTING (198) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney. in case 3:11-cv-30035-PBS; GRANTING (229) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30039-PBS; GRANTING (216) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30044-PBS; GRANTING (203) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30047-PBS; GRANTING (230) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30048-PBS; GRANTING (292) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30094-PBS; GRANTING (183) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30141-PBS; granting (247) Motion for Leave to Appear Pro Hac Vice Added Matthew T. Heartney in case 3:11-cv-30215-PBS. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Associated Cases: 3:11-cv-30215-PBS et al.(LaFlamme, Jennifer)
March 6, 2014 Filing 266 Magistrate Judge Robert B. Collings: PRELIMINARY RULINGS ON MASSMUTUAL'S MOTION FOR A SUPPLEMENTAL PROTECTIVE ORDER CONCERNING MATERIALS TO BE PRODUCED BY THIRD PARTIES FDIC-RECEIVER AND ONEWEST BANK, FSB.Associated Cases: 3:11-cv-30127-PBS et al.(Dolan, Kathleen)
March 5, 2014 Filing 265 Magistrate Judge Robert B. Collings: ORDER entered. ORDER PURSUANT TORULE 502(d), FED. R. EVID.(Russo, Noreen)
February 26, 2014 Filing 264 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:11-cv-30044-PBS et al.(Scalfani, Deborah)
February 26, 2014 Filing 263 Transcript of Motion Hearing held on February 18, 2014, before Magistrate Judge Robert B. Collings. The Transcript may be purchased through Judy Bond Gonsalves at 508-984-7003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed. Redaction Request due 3/19/2014. Redacted Transcript Deadline set for 3/31/2014. Release of Transcript Restriction set for 5/27/2014. Associated Cases: 3:11-cv-30035-PBS et al.(Scalfani, Deborah)
February 19, 2014 Filing 262 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Motion Hearing held on 2/18/2014 re (235 in 3:11-cv-30215-PBS) MOTION to Compel filed by Banc of America Securities, LLC, George E Ellison, Mark I. Ryan, Merrill Lynch, Pierce, Fenner & Smith, Inc., (177 in 3:11-cv-30039-PBS) MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Massachusetts Mutual Life Insurance Company, (230 in 3:11-cv-30215-PBS) MOTION to Compel filed by Banc of America Securities, LLC, George E Ellison, Mark I. Ryan, Merrill Lynch, Pierce, Fenner & Smith, Inc., (166 in 3:11-cv-30044-PBS) MOTION to Compel Defendant RBS to Produce Documents and to Provide Amended Discovery Responses filed by Massachusetts Mutual Life Insurance Company, (208 in 3:11-cv-30215-PBS) MOTION to Compel Defendants to Produce Documents and to Provide Amended Discovery Responses filed by Massachusetts Mutual Life Insurance Company, (237 in 3:11-cv-30285-PBS) MOTION to Compel Defendants to Produce Documents and to Provide Amended Discovery Responses filed by Massachusetts Mutual Life Insurance Company. After hearing, taken under advisement. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Stephens, Pineault, Baglian, Mitchell, Turner (phone), Woll (phone).) Associated Cases: 3:11-cv-30039-PBS, 3:11-cv-30044-PBS, 3:11-cv-30215-PBS, 3:11-cv-30285-PBS
February 19, 2014 Filing 261 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Motion Hearing held on 2/18/2014 re (258 in 3:11-cv-30285-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (277 in 3:11-cv-30094-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (172 in 3:11-cv-30141-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (192 in 3:11-cv-30047-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (219 in 3:11-cv-30048-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (169 in 3:11-cv-30127-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (224 in 3:11-cv-30215-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company, (249 in 3:11-cv-30126-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company. After hearing, taken under advisement. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Stephens, Pineault, Hartney,Baglian, Mitchell, Turner (phone), Woll (phone),Sheth (phone), Mock (phone).) Associated Cases: 3:11-cv-30035-PBS et al.
February 6, 2014 Filing 260 ELECTRONIC NOTICE regarding Hearing: Counsel may participate by telephone for the February 18, 2014 @ 4:15 PM Motion hearing before Magistrate Judge Collings. If participating by phone, counsel should call into 888-675-2535 - Access Code: 6494892 by 4:10 Pm. Counsel should inform the clerk (at Noreen_Russo@mad.uscourts.gov) prior to the hearing if they will be participating by phone or in person. Associated Cases: 3:11-cv-30044-PBS et al.(Russo, Noreen)
February 5, 2014 Filing 259 MOTION for Leave to Appear Pro Hac Vice for admission of Natasha A. Saggar Sheth by Federal Deposit Insurance Corporation - Receiver. (Attachments: #1 Certificate in Support of Application for Admission Pro Hac Vice)(Charet, Linda)
February 5, 2014 Filing 258 ELECTRONIC NOTICE Setting Hearing on Motion (177 in 3:11-cv-30039-PBS) MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses, (166 in 3:11-cv-30044-PBS) MOTION to Compel Defendant RBS to Produce Documents and to Provide Amended Discovery Responses, (235 in 3:11-cv-30215-PBS) MOTION to Compel, (230 in 3:11-cv-30215-PBS) MOTION to Compel , (208 in 3:11-cv-30215-PBS) MOTION to Compel Defendants to Produce Documents and to Provide Amended Discovery Responses, (237 in 3:11-cv-30285-PBS) MOTION to Compel Defendants to Produce Documents and to Provide Amended Discovery Responses : Motion Hearing set for 2/18/2014 04:15 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. Associated Cases: 3:11-cv-30039-PBS, 3:11-cv-30044-PBS, 3:11-cv-30215-PBS, 3:11-cv-30285-PBS(Dolan, Kathleen)
February 5, 2014 Filing 257 ELECTRONIC NOTICE Setting Hearing on Motion (185 in 3:11-cv-30035-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (219 in 3:11-cv-30039-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (192 in 3:11-cv-30047-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (205 in 3:11-cv-30044-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (219 in 3:11-cv-30048-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (249 in 3:11-cv-30126-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (277 in 3:11-cv-30094-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (169 in 3:11-cv-30127-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (172 in 3:11-cv-30141-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (224 in 3:11-cv-30215-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (258 in 3:11-cv-30285-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB : Motion Hearing set for 2/18/2014 04:15 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. Associated Cases: 3:11-cv-30035-PBS et al.(Dolan, Kathleen)
February 3, 2014 Filing 256 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered GRANTING #255 Motion for Leave to Appear Pro Hac Vice Added Marshall M. Searcy. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (LaFlamme, Jennifer)
January 29, 2014 Filing 255 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Marshall M. Searcy Filing fee: $ 100, receipt number 0101-4837902 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit Declaration of Marshall M. Searcy)(Pineault, Michael)
January 29, 2014 Filing 254 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:11-cv-30044-PBS et al.(Scalfani, Deborah)
January 29, 2014 Filing 253 Transcript of Telephonic Motion Hearing held on January 27, 2014, before Magistrate Judge Robert B. Collings. The Transcript may be purchased through Judy Bond Gonsalves at 508-984-7003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Judy Bond Gonsalves. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/3/2014. Release of Transcript Restriction set for 4/29/2014. Associated Cases: 3:11-cv-30044-PBS et al.(Scalfani, Deborah)
January 27, 2014 Filing 252 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting in part and denying in part (217) Motion for Discovery in case 3:11-cv-30035-PBS; granting in part and denying in part (243) Motion for Discovery in case 3:11-cv-30039-PBS; granting in part and denying in part (231) Motion for Discovery in case 3:11-cv-30044-PBS; granting in part and denying in part (218) Motion for Discovery in case 3:11-cv-30047-PBS; granting in part and denying in part (245) Motion for Discovery in case 3:11-cv-30048-PBS; granting in part and denying in part (316) Motion for Discovery in case 3:11-cv-30094-PBS; granting in part and denying in part (285) Motion for Discovery in case 3:11-cv-30126-PBS; granting in part and denying in part (203) Motion for Discovery in case 3:11-cv-30127-PBS; granting in part and denying in part (198) Motion for Discovery in case 3:11-cv-30141-PBS; granting in part and denying in part (277) Motion for Discovery in case 3:11-cv-30215-PBS; granting in part and denying in part (295) Motion for Discovery in case 3:11-cv-30285-PBS. The Court adopts, with a minor exception, the compromise put forth in the e-mail of Attorney Lavely of January 14, 2014 at 5:50 P.M. to Jennifer Barrett [220-5,6 in 11cv30035]. 16 depositions of MassMutual employees shall be taken in conjunction with their depositions in the Countrywide case so that they will only have to sit for one deposition. The same protocol shall apply to the two or three MassMutual employees [of the remaining 7] who are no longer employees of MassMutual. Any other MassMutual employees to be deposed may be deposed as per Chief Judge Saris' schedule for completion of depositions in these cases. SO ORDERED. Associated Cases: 3:11-cv-30035-PBS et al.
January 27, 2014 Filing 251 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Telephonic Motion Hearing held on 1/27/2014 re (277 in 3:11-cv-30215-PBS) Joint MOTION for Discovery Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol filed by Banc of America Securities, LLC, George E Ellison, Mark I. Ryan, Merrill Lynch, Pierce, Fenner & Smith, Inc., (198 in 3:11-cv-30141-PBS) Joint MOTION for Discovery --"Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol"-- filed by Neal Leonard, Todd White, Gerard Mattia, HSBC Bank USA, National Association, Jon Voigtman, (217 in 3:11-cv-30035-PBS) Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" filed by UBS Securities LLC, (218 in 3:11-cv-30047-PBS) Joint MOTION for Discovery Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol filed by Credit Suisse First Boston Mortgage Securities Corp., DLJ Mortgage Capital, Inc., Credit Suisse Securities (USA) LLC, Jeffrey A. Altabef, (231 in 3:11-cv-30044-PBS) Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" filed by Joseph N. Walsh, III, RBS Securities Inc., Carol P. Mathis, Robert J. McGinnis, James M. Esposito, (243 in 3:11-cv-30039-PBS) Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" filed by Deutshe Bank Securities, Inc., Richard Ferguson, Anilesh Ahuja, Michael Commaroto, Richard D'Albert, (295 in 3:11-cv-30285-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol") filed by RBS Securities Inc., Deutsche Bank Securities Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., Goldman, Sachs & Co., Inc., J.P. Morgan Securities LLC, (285 in 3:11-cv-30126-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol") filed by Barclays Capital Inc., J.P. Morgan Securities LLC, Samuel L. Molinaro, Jr., American Home Mortgage Securities LLC, Alan B. Horn, American Home Mortgage Assets LLC, Stephen A. Hozie, Thomas M. McDonagh, Matthew E. Perkins, Bear Stearns Asset Backed Securities I LLC, Thomas F. Marano, Goldman Sachs Mortgage Company, Goldman, Sachs & Co., Inc., UBS Securities LLC, Joseph T. Jurkowski Jr., Michael Strauss, (245 in 3:11-cv-30048-PBS) Joint MOTION for Discovery Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol filed by DLJ Mortgage Capital, Inc., Credit Suisse Securities (USA) LLC, Jeffrey A. Altabef, Credit Suisse First Boston Mortgage Securities Corp., (316 in 3:11-cv-30094-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol") filed by J.P. Morgan Mortgage Acquisition Corp., J.P. Morgan Acceptance Corporation I, WAMU Capital Corporation, Thomas Green, Samuel L. Molinaro, J.P. Morgan Chase Bank, N.A., Diane Novak, William A King, Michael B Nierenberg, Cohen Legacy LLC, David Beck, Matthew E. Perkins, EMC Mortgage Corporation, Bear Stearns Asset Backed Securities I LLC, Jeffrey Mayer, Thomas F. Marano, Structured Asset Mortgage Investments II Inc., Rolland Jurgens, WAMU Asset Acceptance Corporation, Richard Careaga, Joseph T. Jurkowski Jr., David M Duzyk, JP Morgan Securities LLC, Jeffrey L Verschleiser, Louis Schioppo Jr, Washington Mutual Mortgage Securities Corporation, (203 in 3:11-cv-30127-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol") filed by Joseph R. Tomkinson, J.P. Morgan Securities LLC, Impac Funding Corporation, Impac Secured Assets Corp., Richard J. Johnson. After hearing, Order to issue. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Stephens, Grossberg, North, Turner, Connlen, Slifkin, Ha, Rein, Mitchell, Albun, Hauser, Burnes, Beha) Associated Cases: 3:11-cv-30035-PBS et al.
January 23, 2014 Filing 250 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered GRANTING #240 Motion for Leave to Appear Pro Hac Vice Added Duane R. Lyons. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (LaFlamme, Jennifer)
January 23, 2014 Filing 249 ELECTRONIC NOTICE Setting Hearing on Motion(s) (217 in 3:11-cv-30035-PBS) Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol", (243 in 3:11-cv-30039-PBS) Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol", (218 in 3:11-cv-30047-PBS) Joint MOTION for Discovery Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol, (231 in 3:11-cv-30044-PBS) Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol", (245 in 3:11-cv-30048-PBS) Joint MOTION for Discovery Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol, (285 in 3:11-cv-30126-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol"), (316 in 3:11-cv-30094-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol"), (203 in 3:11-cv-30127-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol"), (198 in 3:11-cv-30141-PBS) Joint MOTION for Discovery --"Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol"--, (277 in 3:11-cv-30215-PBS) Joint MOTION for Discovery Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol, (295 in 3:11-cv-30285-PBS) Joint MOTION for Discovery ("Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol") : Telephonic Motion Hearing set for 1/27/2014 @ 04:15 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. Parties should call into 888-675-2535 - Access Code: 6494892 at the time of the hearing. Associated Cases: 3:11-cv-30035-PBS et al. (Dolan, Kathleen)
January 22, 2014 Filing 248 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered re "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" filed January 17, 2014. The Clerk shall notice a telephonic hearing on this motion for Monday, January 27, 2014 at 4:15 P.M. Associated Cases: 3:11-cv-30035-PBS et al.(Russo, Noreen) Modified on 1/23/2014 (Dolan, Kathleen).
January 17, 2014 Filing 247 MEMORANDUM in Support re #243 Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" "Defendants' Position Statement for the Joint Emergency Motion Regarding the Deposition Schedule" (Corrected to include Exhibit E) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Weinman, Kathy)
January 17, 2014 Filing 246 REPLY to Response to #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
January 17, 2014 Filing 245 MEMORANDUM in Support re #243 Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" (Defendants' Position Statement for the Joint Emergency Motion Regarding the Deposition Schedule) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weinman, Kathy)
January 17, 2014 Filing 244 MEMORANDUM in Support re #243 Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Olivar, Harry)
January 17, 2014 Filing 243 Joint MOTION for Discovery "Joint Emergency Motion Regarding the Deposition Schedule Pursuant to Section 16 of the Deposition Discovery Protocol" by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
January 17, 2014 Filing 242 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting (208) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30035-PBS; granting (238) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30039-PBS; granting (225) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30044-PBS; granting (212) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30047-PBS; granting (239) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30048-PBS; granting (310) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30094-PBS; granting (279) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30126-PBS; granting (199) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30127-PBS; granting (193) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30141-PBS; granting (270) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30215-PBS; granting (289) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30285-PBS Associated Cases: 3:11-cv-30035-PBS et al.(Dolan, Kathleen)
January 15, 2014 Filing 241 NOTICE of Appearance by Linda S. Charet on behalf of Federal Deposit Insurance Corporation - Receiver (Charet, Linda)
January 15, 2014 Filing 240 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Duane R. Lyons Filing fee: $ 100, receipt number 0101-4815250 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit Declaration of Duane R. Lyons)(Pineault, Michael) (Main Document 240 replaced on 1/15/2014 with correct main document) (Finn, Mary). Modified on 1/15/2014 (Finn, Mary).
January 13, 2014 Filing 239 NOTICE of Appearance by John A. Freedman on behalf of OneWest Bank, FSB (Freedman, John)
January 13, 2014 Filing 238 Assented to MOTION for Leave to File Reply by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
January 13, 2014 Filing 237 ELECTRONIC NOTICE issued requesting courtesy copy of Docket Nos. 205 and #206 (AFFIDAVIT of Emilia P. E. Morris and AFFIDAVIT of Natasha A. Saggar Sheth). Counsel who filed these documents are requested to submit a courtesy copy to the Clerk's Office as soon as possible. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. PLEASE SEND ONLY ONE COPY OF EACH OF THE REQUESTED DOCKET NOS.Associated Cases: 3:11-cv-30039-PBS, 3:11-cv-30044-PBS, 3:11-cv-30047-PBS, 3:11-cv-30048-PBS, 3:11-cv-30215-PBS(Russo, Noreen)
January 10, 2014 Filing 236 AFFIDAVIT of Natasha A. Saggar Sheth in Opposition re #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Federal Deposit Insurance Corporation - Receiver, OneWest Bank, FSB. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Freedman, John)
January 10, 2014 Filing 235 AFFIDAVIT of Emilia P. E. Morris in Opposition re #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Federal Deposit Insurance Corporation - Receiver, OneWest Bank, FSB. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Freedman, John)
January 10, 2014 Filing 234 Third Party Opposition re #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by OneWest Bank, FSB, Federal Deposit Insurance Corporation - Receiver. (Freedman, John)
January 9, 2014 Filing 233 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting (202) Motion to Strike in case 3:11-cv-30035-PBS; granting (232) Motion to Strike in case 3:11-cv-30039-PBS; granting (219) Motion to Strike in case 3:11-cv-30044-PBS; granting (206) Motion to Strike in case 3:11-cv-30047-PBS; granting (233) Motion to Strike in case 3:11-cv-30048-PBS; granting (300) Motion to Strike in case 3:11-cv-30094-PBS; granting (269) Motion to Strike in case 3:11-cv-30126-PBS; granting (188) Motion to Strike in case 3:11-cv-30127-PBS; granting (186) Motion to Strike in case 3:11-cv-30141-PBS; granting (250) Motion to Strike in case 3:11-cv-30215-PBS; granting (276) Motion to Strike in case 3:11-cv-30285-PBS. The plaintiffs are correct; the letters are improper. In this District, the issues in dispute must be brought to the Court's attention by motion unless the Court orders otherwise. The Depositions Discovery Protocol entered in these cases provides an alternative to the procedure set forth in the Local Rules. Nothwithstanding any dispute as to whether the Protocol is applicable to the issues raised by the letters, the Court directs that the procedures outlined in paragraph 16 of the Protocol be employed with respect to the issues raised in the letters. The Court further directs that prior to the filing of any Joint Motion, counsel for the parties must engage anew in the meet and confer process and file a Joint Motion only as to issues which the parties have been unable to resolve after the meet and confer. Associated Cases: 3:11-cv-30094-PBS et al. Modified on 1/9/2014 (Russo, Noreen).
January 8, 2014 Filing 232 MOTION to Strike #231 Letter/request (non-motion) by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1)(Olivar, Harry)
January 8, 2014 Filing 231 Letter/request (non-motion) from Julie A. North requesting telephonic conference to resolve discovery dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Weinman, Kathy)
January 8, 2014 Filing 230 Remark - Original filed forwarded to Kathy Dolan for Judge Collings. Associated Cases: 3:11-cv-30035-PBS et al.(Finn, Mary)
December 23, 2013 Filing 229 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew T. Heartney Filing fee: $ 100, receipt number 0101-4788582 by OneWest Bank, FSB. (Attachments: #1 Exhibit Certificate in Support of Application for Admission Pro Hac Vice)(Freedman, John)
December 23, 2013 Filing 227 Set/Reset Deadlines as to (219 in 3:11-cv-30039-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (185 in 3:11-cv-30035-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (205 in 3:11-cv-30044-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (192 in 3:11-cv-30047-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (219 in 3:11-cv-30048-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (249 in 3:11-cv-30126-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (277 in 3:11-cv-30094-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (169 in 3:11-cv-30127-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (172 in 3:11-cv-30141-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (224 in 3:11-cv-30215-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB, (258 in 3:11-cv-30285-PBS) MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB. Responses due by 1/10/2014. Associated Cases: 3:11-cv-30039-PBS et al.(Finn, Mary)
December 20, 2013 Filing 228 Chief Judge Patti B. Saris: ORDER entered. "The Court orders that all fact discovery in the non-accelerated cases be completed by May 30, 2014. To the extent the parties agree (i.e., to accommodate scheduling difficulties) and the depositions have been noticed before May 2, 2014, depositions for any non-overlapping third party witnesses may be taken by September 30, 2014. All non-fact discovery is stayed pending completion of the bellwether proceedings." Associated Cases: 3:11-cv-30126-PBS et al.(LaFlamme, Jennifer)
December 20, 2013 Filing 226 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #224 Motion for Extension of Time to File Response/Reply.
December 19, 2013 Filing 225 Chief Judge Patti B. Saris: JOINT SCHEDULING ORDER entered re (221 in 3:11-cv-30215-PBS) Recommendations for Scheduling Order, (216 in 3:11-cv-30039-PBS) JOINT STATEMENT re scheduling conference. Fact Discovery to be completed by 5/30/2014, Expert Discovery to be completed by 10/08/2014, Summary Judgment Motions due by 11/7/2014, Oppositions due by 12/8/2014, Replies due by 12/22/2014, Sur-replies due by 1/15/2015. Summary Judgment Motion Hearing set for 1/29/2015 at 02:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. Associated Cases: 3:11-cv-30039-PBS, 3:11-cv-30215-PBS(LaFlamme, Jennifer)
December 18, 2013 Filing 224 Assented to MOTION for Extension of Time to January 10, 2014 to File Response/Reply as to #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB by OneWest Bank, FSB.(Freedman, John)
December 17, 2013 Filing 223 Chief Judge Patti B. Saris: ORDER entered REFERRING CASE to Magistrate Judge Robert B. Collings. Referred for: Full Pretrial, No Dispositive Motions (ptn). Motions referred: #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses, #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB. (LaFlamme, Jennifer) Motions referred to Robert B. Collings.
December 17, 2013 Filing 222 Case no longer referred to Magistrate Judge Kenneth P. Neiman. (LaFlamme, Jennifer)
December 13, 2013 Filing 221 DECLARATION re #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stephens, Molly)
December 13, 2013 Filing 220 MEMORANDUM in Support re #219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stephens, Molly)
December 13, 2013 Filing 219 MOTION for Protective Order Motion for a Supplemental Protective Order Governing Materials to Be Produced by Third Parties FDIC-Receiver and OneWest Bank, FSB by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
December 11, 2013 Filing 218 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:11-cv-30039-PBS et al.(Scalfani, Deborah)
December 11, 2013 Filing 217 Transcript of Status Conference held on December 4, 2013, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 1/1/2014. Redacted Transcript Deadline set for 1/13/2014. Release of Transcript Restriction set for 3/11/2014. Associated Cases: 3:11-cv-30035-PBS et al.(Scalfani, Deborah)
December 11, 2013 Filing 216 JOINT STATEMENT re scheduling conference ("Joint [Proposed] Scheduling Order"). (Weinman, Kathy)
December 9, 2013 Filing 215 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. "...ORDER: The Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D., (11-cv-30039, Dkt No. #143 ) is DENIED without prejudice." Associated Cases: 3:11-cv-30035-PBS et al.(LaFlamme, Jennifer)
December 4, 2013 Filing 214 ELECTRONIC Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 12/4/2013.....Court addresses scheduling issues re: the Bellwether cases. Court sets dates for discovery and summary jgm mtns etc...Summary Jgm mtn due on 11/7/14; Oppositions due by 12/8/14; Reply in Response to Summ Jgm due 12/22/14; Sur-reply due on 1/15/15.....Summary Jgm hearing set for 1/29/15 at 2:00pm. ORDREED: Parties shall submit New Amended Joint Statement outlining all new deadlines set as stated in open court on 12/4/13...Scheduled shall be submitted to the court on or before 12/11/13. Counsel shall submit a Proposed Discovery schedule in the non-Bellwether cases on or before 12/18/13, ct adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: several attys see transcript) Associated Cases: 3:11-cv-30035-PBS et al.(Molloy, Maryellen)
December 3, 2013 Filing 213 Notice of Supplemental Authorities re #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. (Attachments: #1 Exhibit 1)(Olivar, Harry)
December 3, 2013 Remark - Courtesy copies of seaked docs. #209 and #210 received from the Boston Office and placed in the vault due to being sealed. (Finn, Mary)
December 2, 2013 Filing 212 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #208 Motion to Seal. (Healy, Bethaney)
December 2, 2013 Filing 211 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered GRANTING #205 Motion for Leave to Appear Pro Hac Vice Added Patrick M. Connorton. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (LaFlamme, Jennifer)
November 27, 2013 Filing 210 SEALED DECLARATION of Harry A. Olivar in Support re #209 Reply re #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Massachusetts Mutual Life Insurance Company. (LaFlamme, Jennifer)
November 27, 2013 Filing 209 SEALED REPLY to Response to #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Massachusetts Mutual Life Insurance Company. (LaFlamme, Jennifer)
November 27, 2013 Filing 208 Assented to MOTION to Seal by Massachusetts Mutual Life Insurance Company.(Olivar, Harry)
November 27, 2013 Filing 207 DECLARATION re #206 Reply to Response to Motion to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Olivar, Harry)
November 27, 2013 Filing 206 REPLY to Response to #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Massachusetts Mutual Life Insurance Company. (Olivar, Harry)
November 27, 2013 Filing 205 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Patrick M. Connorton Filing fee: $ 100, receipt number 0101-4750093 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Abuirmeileh, Azure)
November 26, 2013 Filing 204 Magistrate Judge Kenneth P. Neiman: ORDER entered. SUPPLEMENTAL PROTECTIVE ORDER for Material Produced by the Liquidating Trustee for People's Choice Home Loan, Inc. entered. Associated Cases: 3:11-cv-30035-PBS et al.(Finn, Mary)
November 26, 2013 Filing 203 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #200 Plaintiff's Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. So ordered. (Neiman, Kenneth)
November 26, 2013 Filing 202 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #198 Plaintiff's unopposed Motion for Protective Order. Order to issue. (Neiman, Kenneth)
November 26, 2013 Filing 201 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting [178 and 194] assented-to Motions to Seal. So ordered. (Neiman, Kenneth)
November 21, 2013 Filing 200 Assented to MOTION for Leave to File Reply by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
November 21, 2013 Remark - Document #197 received from the Boston Clerk's Office and placed in the vault due to being sealed. (Finn, Mary)
November 20, 2013 Filing 199 ELECTRONIC NOTICE of Hearing: Status Conference set for 12/4/2013 at 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris to discuss the parties' status report and case management submissions. Associated Cases: 3:11-cv-30035-PBS et al.(LaFlamme, Jennifer)
November 19, 2013 Filing 198 MOTION for Protective Order Unopposed Motion for Approval of Stipulation and [Proposed] Supplemental Protective Order for Materials Produced by the Liquidating Trustee for People's Choice Home Loan, Inc. by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
November 15, 2013 Filing 197 SEALED DECLARATION of Alan Turner in Support re #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Deutshe Bank Securities, Inc.. (SEALED Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (LaFlamme, Jennifer)
November 15, 2013 Filing 196 DECLARATION re #195 Memorandum in Opposition to Motion (Redacted) by Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Weinman, Kathy)
November 15, 2013 Filing 195 MEMORANDUM in Opposition re #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Deutshe Bank Securities, Inc.. (Weinman, Kathy)
November 15, 2013 Filing 194 Assented to MOTION to Seal by Deutshe Bank Securities, Inc..(Weinman, Kathy)
November 12, 2013 Filing 193 STATUS REPORT - Massachusetts Mutual Life Insurance Company's Statement Regarding The "Bellwether" Case, Case Schedule, And Mediation by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Errata H)(Stephens, Molly)
November 12, 2013 Filing 192 NOTICE by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson ("Deutsche Bank Defendants' Submission Concerning Case Schedule") (Attachments: #1 Exhibit A)(Weinman, Kathy)
November 8, 2013 Filing 191 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #189 assented-to Motion for Extension of Time to November 15, 2013, to File Response/Reply. So ordered. (Neiman, Kenneth)
November 7, 2013 Filing 190 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting (169) Motion for Extension of Time to File Proposed Case Schedule in case 3:11-cv-30035-PBS; granting (188) Motion for Extension of Time in case 3:11-cv-30039-PBS; granting (176) Motion for Extension of Time in case 3:11-cv-30044-PBS; granting (179) Motion for Extension of Time in case 3:11-cv-30047-PBS; granting (204) Motion for Extension of Time in case 3:11-cv-30048-PBS; granting (259) Motion for Extension of Time in case 3:11-cv-30094-PBS; granting (234) Motion for Extension of Time in case 3:11-cv-30126-PBS; granting (156) Motion for Extension of Time in case 3:11-cv-30127-PBS; granting (159) Motion for Extension of Time in case 3:11-cv-30141-PBS; granting (201) Motion for Extension of Time in case 3:11-cv-30215-PBS; granting (230) Motion for Extension of Time in case 3:11-cv-30285-PBS. "ALLOWED." Associated Cases: 3:11-cv-30035-PBS et al.(LaFlamme, Jennifer)
November 7, 2013 Filing 189 Assented to MOTION for Extension of Time to November 15, 2013 to File Response/Reply as to #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses by Deutshe Bank Securities, Inc..(Weinman, Kathy)
November 6, 2013 Filing 188 Joint MOTION for Extension of Time to November 12, 2013 to File the Proposed Case Schedule(s) by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
November 4, 2013 Filing 187 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting (167) Motion for Extension of Time in case 3:11-cv-30035-PBS; granting (186) Motion for Extension of Time in case 3:11-cv-30039-PBS; granting (174) Motion for Extension of Time in case 3:11-cv-30044-PBS; granting (177) Motion for Extension of Time in case 3:11-cv-30047-PBS; granting (202) Motion for Extension of Time in case 3:11-cv-30048-PBS; granting (257) Motion for Extension of Time in case 3:11-cv-30094-PBS; granting (232) Motion for Extension of Time in case 3:11-cv-30126-PBS; granting (154) Motion for Extension of Time in case 3:11-cv-30127-PBS; granting (157) Motion for Extension of Time in case 3:11-cv-30141-PBS; granting (199) Motion for Extension of Time in case 3:11-cv-30215-PBS; granting (228) Motion for Extension of Time in case 3:11-cv-30285-PBS. "ALLOWED." Associated Cases: 3:11-cv-30035-PBS et al.(LaFlamme, Jennifer)
November 4, 2013 Remark - Document 181, 182 received from the Boston Office and placed in the vault due to being sealed. (Finn, Mary)
November 1, 2013 Filing 186 Joint MOTION for Extension of Time to November 6, 2013 to File the Proposed Case Schedule(s) by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
November 1, 2013 Filing 185 BRIEF by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson In Further Support of Their Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan Ph.D. (Weinman, Kathy)
November 1, 2013 Filing 184 DECLARATION re #183 Brief by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Olivar, Harry)
November 1, 2013 Filing 183 BRIEF by Massachusetts Mutual Life Insurance Company . (Olivar, Harry)
October 25, 2013 Filing 182 SEALED DECLARATION of Molly Stephens in Support re #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Massachusetts Mutual Life Insurance Company. (LaFlamme, Jennifer)
October 25, 2013 Filing 181 SEALED MEMORANDUM in Support re #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses filed by Massachusetts Mutual Life Insurance Company. (LaFlamme, Jennifer)
October 25, 2013 Filing 180 DECLARATION re #179 Memorandum in Support of Motion to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Stephens, Molly)
October 25, 2013 Filing 179 MEMORANDUM in Support re #177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses (Redacted) filed by Massachusetts Mutual Life Insurance Company. (Stephens, Molly)
October 25, 2013 Filing 178 Assented to MOTION to Seal by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
October 25, 2013 Filing 177 MOTION to Compel Defendant Deutsche Bank to Produce Documents and to Provide Amended Interrogatory Responses by Massachusetts Mutual Life Insurance Company.(Stephens, Molly)
October 24, 2013 Filing 176 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:11-cv-30035-PBS et al.(Scalfani, Deborah)
October 24, 2013 Filing 175 Transcript of Daubert Hearing held on October 18, 2013, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 11/14/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/22/2014. Associated Cases: 3:11-cv-30035-PBS et al.(Scalfani, Deborah)
October 18, 2013 Filing 174 ELECTRONIC Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Daubert Hearing held on 10/18/2013....Plf calls Dr. Charles D. Cowan-sworn; Dft call Dr. Arnold Barnett-sworn. Parties may submit any post-hearing briefing, limited to 5 pages, briefs shall be filed on or before 11/1/13. Parties shall submit a Joint proposed scheduled by 11/1/13. In the event that parties are unable to agree on a proposed bellwether case, each party shall submit a proposed case and a proposed schedule for court's approval on or before 11/1/13. Court encourages counsel to continue settlement discussions, parties shall also consider ADR program or private mediation. All matter's taken under advisement.(Atty present- see transcript several attys)(Ctrpter- Lee Marzilli)
October 16, 2013 Opinion or Order Filing 173 NOTICE issued to Attorney Erika H. Burk regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. Associated Cases: 3:11-cv-30048-PBS, 3:11-cv-30039-PBS(Finn, Mary)
October 16, 2013 Filing 172 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #171 Motion for Leave to Appear Pro Hac Vice Added Erika H. Burk. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
October 15, 2013 Filing 171 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Erika H. Burk Filing fee: $ 100, receipt number 0101-4679371 by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit A)(Abuirmeileh, Azure)
October 10, 2013 Filing 170 Joint Witness List for October 18, 2013 Daubert Hearing by Massachusetts Mutual Life Insurance Company. (Pineault, Michael)
October 2, 2013 Filing 169 NOTICE of Withdrawal of Appearance by Stephen E. Spelman (Spelman, Stephen)
October 2, 2013 Filing 168 NOTICE of Withdrawal of Appearance by John J. Egan (Egan, John)
September 27, 2013 Filing 167 ELECTRONIC NOTICE OF RESCHEDULING: Daubert Hearing rescheduled for 10/18/2013 at 09:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. Parties shall submit a Joint Witness List on or before 10/10/2013. Associated Cases: 3:11-cv-30035-PBS et al.(LaFlamme, Jennifer)
September 26, 2013 Filing 166 NOTICE of Appearance by Michael J. Pineault on behalf of Massachusetts Mutual Life Insurance Company (Pineault, Michael)
September 10, 2013 Filing 165 Chief Judge Patti B. Saris: ELECTRONIC NOTICE OF HEARING. Daubert Hearing set for 10/7/2013 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. Parties shall submit a Witness List on or before 9/30/2013. Associated Cases: 3:11-cv-30035-PBS et al.(LaFlamme, Jennifer)
September 4, 2013 Filing 164 ELECTRONIC NOTICE of Reassignment. Chief Judge Patti B. Saris added. Judge Michael A. Ponsor no longer assigned to case. (Abaid, Kimberly)
August 30, 2013 Filing 163 STATUS REPORT Joint Status Report Pursuant to the Request of Chief Judge Saris by Massachusetts Mutual Life Insurance Company. (Egan, John)
August 30, 2013 Filing 162 NOTICE by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson re: Possible Conflict (Weinman, Kathy)
August 20, 2013 Filing 161 Response by Massachusetts Mutual Life Insurance Company to Notice of Possible Conflict. (Egan, John)
August 19, 2013 Filing 160 Response by Massachusetts Mutual Life Insurance Company to #159 Notice of Supplemental Authorities, . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Egan, John)
August 14, 2013 Filing 159 Notice of Supplemental Authorities re #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weinman, Kathy)
July 3, 2013 Filing 158 ELECTRONIC NOTICE Canceling Hearing. The Motion Hearing set for 7/11/2013 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor is canceled the clerk will reschedule. Associated Cases: 3:11-cv-30039-MAP et al.(Pelegano, Theresa)
July 2, 2013 Filing 157 REPLY to Response to #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
June 28, 2013 Filing 156 ELECTRONIC NOTICE Canceling Hearing. The Motion hearing scheduled for 7/11/13 is canceled. The clerk will reschedule. Associated Cases: 3:11-cv-30039-MAP et al.(Pelegano, Theresa)
June 20, 2013 Filing 155 DECLARATION re #153 Opposition to Motion, Charles D. Cowan, Ph.D. by Massachusetts Mutual Life Insurance Company. (Egan, John)
June 20, 2013 Filing 154 DECLARATION re #153 Opposition to Motion, Molly Stephens by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Egan, John)
June 20, 2013 Filing 153 Opposition re #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. filed by Massachusetts Mutual Life Insurance Company. (Egan, John)
May 30, 2013 Filing 152 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part and denying in part #125 Plaintiff's Motion for Entry of an Amended Protective Order, as follows. The motion is granted with respect to the proposed amendments to: the title of the order and the first paragraph thereof (including the word "amended" twice); paragraph 1(c) (eliminating "loan number"); and paragraph 9(a)(xiv). The motion is denied with regard to the proposed change to the introductory language to Paragraph 9 (regarding the action in the Central District of California). The motion is also denied with respect to the proposed changes to Exhibit A, the court finding Plaintiff's concerns speculative at this time, although the parties are free to agree to an amendment to that exhibit which addresses the particular needs of due diligence firms. So ordered. (Neiman, Kenneth)
May 28, 2013 Filing 147 Set/Reset Deadlines as to (131 in 3:11-cv-30044-MAP) MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. , (143 in 3:11-cv-30039-MAP) MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. , (140 in 3:11-cv-30047-MAP) MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D., (162 in 3:11-cv-30048-MAP) MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D., (201 in 3:11-cv-30094-MAP) MOTION in Limine ("Defendants' Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D."), (189 in 3:11-cv-30126-MAP) MOTION in Limine ("Defendants' Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D."), (116 in 3:11-cv-30127-MAP) MOTION in Limine ("Defendants' Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D."), (119 in 3:11-cv-30141-MAP) First MOTION Daubert Motion to Exclude the Opinions Expressed in April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan Ph.D , (162 in 3:11-cv-30215-MAP) MOTION Daubert , (163 in 3:11-cv-30285-MAP) MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. . Responses due by 6/20/2013 Replies due by 7/2/2013. Associated Cases: 3:11-cv-30044-MAP et al.(Finn, Mary)
May 24, 2013 Filing 146 DECLARATION re #144 Memorandum in Support of Motion, #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. (Declaration of Arnold Barnett, Ph.D. [REDACTED VERSION]) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1)(Weinman, Kathy)
May 24, 2013 Filing 145 DECLARATION re #144 Memorandum in Support of Motion, #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. (Declaration of Alan C. Turner, Esq.) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 1, Part 4, #5 Exhibit 1, Part 5, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12)(Weinman, Kathy)
May 24, 2013 Filing 144 MEMORANDUM in Support re #143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. [REDACTED VERSION] filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
May 24, 2013 Filing 143 MOTION Daubert Motion to Exclude the Opinions Expressed in the April 12, 2013 Report of Plaintiff's Expert, Charles D. Cowan, Ph.D. by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 24, 2013 Filing 142 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting (141) Motion to Seal in case 3:11-cv-30039-MAP; granting (129) Motion to Seal in case 3:11-cv-30044-MAP; granting (138) Motion to Seal in case 3:11-cv-30047-MAP; granting (160) Motion to Seal in case 3:11-cv-30048-MAP; granting (199) Motion to Seal Document in case 3:11-cv-30094-MAP; granting (187) Motion to Seal Document in case 3:11-cv-30126-MAP; granting (114) Motion to Seal Document in case 3:11-cv-30127-MAP; granting (117) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30141-MAP; granting (160) Motion to Seal Document in case 3:11-cv-30215-MAP; granting (161) Motion to Seal in case 3:11-cv-30285-MAP Associated Cases: 3:11-cv-30044-MAP et al.(Finn, Mary)
May 24, 2013 Filing 141 Assented to MOTION to Seal (Motion for Impoundment Under Local Rule 7.2) by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 22, 2013 Filing 140 Judge Michael A. Ponsor: ENDORSED ORDER entered granting (133) Motion Approval in case 3:11-cv-30035-MAP; granting (139) Motion Approval in case 3:11-cv-30039-MAP; granting (127) Motion Approval in case 3:11-cv-30044-MAP; granting (136) Motion Approval in case 3:11-cv-30047-MAP; granting (158) Motion Approval in case 3:11-cv-30048-MAP; granting (197) Motion Approval in case 3:11-cv-30094-MAP; granting (185) Motion Approval in case 3:11-cv-30126-MAP; granting (112) Motion Approval in case 3:11-cv-30127-MAP; granting (115) Motion Approval in case 3:11-cv-30141-MAP; granting (158) Motion Approval in case 3:11-cv-30215-MAP; granting (159) Motion Approval in case 3:11-cv-30285-MAP Associated Cases: 3:11-cv-30035-MAP et al.(Lindsay, Maurice)
May 17, 2013 Filing 139 Joint MOTION for Approval of Deposition Discovery Protocol by Massachusetts Mutual Life Insurance Company.(Egan, John)
May 14, 2013 Filing 138 Set/Reset Deadlines: Deft's Daubert Motion due by 5/24/2013. Pltf's resp., if any, due by 6/20/2013. Deft's Reply due by 7/2/2013. Associated Cases: 3:11-cv-30035-MAP et al.(Finn, Mary)
May 13, 2013 Filing 137 Judge Michael A. Ponsor: ENDORSED ORDER entered granting (119) Motion for Approval of Stipulation and Order Amending the expert Discovery Schedule in case 3:11-cv-30035-MAP; granting (134) Motion Approval in case 3:11-cv-30039-MAP; granting (113) Motion for Protective Order; granting (122) Motion for Approval in case 3:11-cv-30044-MAP; granting (131) Motion for Approval in case 3:11-cv-30047-MAP; granting (153) Motion for Approval in case 3:11-cv-30048-MAP; granting (192) Motion to Amend in case 3:11-cv-30094-MAP; granting (180) Motion for Approval in case 3:11-cv-30126-MAP; granting (110) Motion to Amend in case 3:11-cv-30141-MAP; granting (156) Motion for Approval in case 3:11-cv-30285-MAP. See the attached approved order for details. Associated Cases: 3:11-cv-30039-MAP et al.(Lindsay, Maurice)
May 13, 2013 Filing 136 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting (129) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30035-MAP; granting (135) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30039-MAP; granting (123) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30044-MAP; granting (132) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30047-MAP; granting (154) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30048-MAP; granting (193) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30094-MAP; granting (181) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30126-MAP; granting (107) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30127-MAP; granting (111) Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 3:11-cv-30141-MAP Associated Cases: 3:11-cv-30035-MAP et al.(Finn, Mary)
May 10, 2013 Filing 135 MOTION for Leave to file a REPLY to Response to #125 MOTION for Protective Order Motion for Entry of an Amended Protective Order filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Egan, John) Modified on 5/13/2013 to convert this document into a pending motion. (Finn, Mary).
May 9, 2013 Filing 134 Joint MOTION for Approval of Stipulation and [Proposed] Order Amending the Expert Discovery Schedule by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 8, 2013 Opinion or Order Filing 133 NOTICE issued to Attorney Farbod S. Moridani and Jennifer D. English regarding mandatory registration with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. Associated Cases: 3:11-cv-30035-MAP et al.(Finn, Mary)
May 8, 2013 Filing 132 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting (126) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30035-MAP; granting (131) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30039-MAP; granting (119) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30044-MAP; granting (127) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; finding as moot (128) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30047-MAP; granting (150) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30048-MAP; granting (189) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30094-MAP; granting (177) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30126-MAP; granting (103) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30127-MAP; granting (107) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30141-MAP; granting (151) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30215-MAP; granting (153) Motion for Leave to Appear Pro Hac Vice Added Jennifer D. English. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30285-MAP Associated Cases: 3:11-cv-30035-MAP et al.(Finn, Mary)
May 8, 2013 Filing 131 MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer D. English Filing fee: $ 100, receipt number 0101-4445328 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Egan, John)
May 7, 2013 Filing 130 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting (124) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30035-MAP; granting (129) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30039-MAP; granting (117) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30044-MAP; granting (125) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30047-MAP; granting (148) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30048-MAP; granting (187) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30094-MAP; granting (175) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30126-MAP; granting (101) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30127-MAP; granting (105) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30141-MAP; granting (150) Motion for Leave to Appear Pro Hac Vice Added Farbod S. Moridani.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. in case 3:11-cv-30285-MAP Associated Cases: 3:11-cv-30035-MAP et al.(Finn, Mary)
May 6, 2013 Filing 129 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Farbod S. Moridani Filing fee: $ 100, receipt number 0101-4442979 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Egan, John)
May 3, 2013 Filing 128 Opposition re #125 MOTION for Protective Order Motion for Entry of an Amended Protective Order filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Weinman, Kathy)
April 19, 2013 Filing 127 DECLARATION re #125 MOTION for Protective Order Motion for Entry of an Amended Protective Order by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Egan, John)
April 19, 2013 Filing 126 MEMORANDUM in Support re #125 MOTION for Protective Order Motion for Entry of an Amended Protective Order filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Egan, John) (Main Document 126 replaced on 4/22/2013) (Finn, Mary).
April 19, 2013 Filing 125 MOTION for Protective Order Motion for Entry of an Amended Protective Order by Massachusetts Mutual Life Insurance Company.(Egan, John)
March 25, 2013 Filing 123 NOTICE of Withdrawal of Appearance by Edward J. McDonough, Jr (McDonough, Edward)
March 14, 2013 Filing 122 Transcript of Motion Hearing held on March 1, 2013, before Magistrate Judge Kenneth P. Neiman. The Transcript may be purchased through Judy Bond Gonsalves at 508-984-7003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name:: No Reporter Used. Digital Recording transcribed by Judy Bond Gonsalves. Redaction Request due 4/4/2013. Redacted Transcript Deadline set for 4/15/2013. Release of Transcript Restriction set for 6/12/2013. Associated Cases: 3:11-cv-30044-MAP et al.(Scalfani, Deborah)
March 8, 2013 Filing 121 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #120 Motion for Leave to Appear Pro Hac Vice Added Kristen Bird. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
March 8, 2013 Filing 120 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Kristen Bird Filing fee: $ 100, receipt number 0101-4355342 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Affidavit Affidavit of Kristen Bird)(McDonough, Edward)
March 7, 2013 Filing 119 NOTICE of Appearance by John J. Egan on behalf of Massachusetts Mutual Life Insurance Company (Egan, John)
March 5, 2013 Filing 118 Set/Reset Scheduling Order Deadlines: Defts' Daubert Motion re: challenging Pltf's expert due by 5/21/2013. Pltf's Responses due by 6/18/2013. Defts' Replies due by 7/2/2013. Motion Hearing set for 7/11/2013 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. Pltf's expert designation and discl. info. re: its sampling experts by 4/12/2013. Defts' by 5/21/2013. Associated Cases: 3:11-cv-30039-MAP et al.(Finn, Mary)
March 5, 2013 Filing 117 Magistrate Judge Kenneth P. Neiman: MEMORANDUM AND ORDER entered. The Court ALLOWS Pltf's (113) Motion for Order in case 3:11-cv-30039-MAP; granting (97) Motion for Order in case 3:11-cv-30044-MAP; granting (107) Motion for Order in case 3:11-cv-30047-MAP; granting (131) Motion for Order in case 3:11-cv-30048-MAP; granting (166) Motion for Order in case 3:11-cv-30094-MAP; granting (155) Motion for Order in case 3:11-cv-30126-MAP; granting (85) Motion for Order in case 3:11-cv-30127-MAP; granting (91) Motion for Order in case 3:11-cv-30141-MAP. Pltf. shall designate and discl. info. re: its sampling experts by 4/12/2013. Defts', if they wish, may take Pltf's experts's depo. and file their Daubert motion challending Pltf's expert by 5/21/2013. By said date, Deft's shall also designate and discl. info. re: their sampling expert, if any. Pltf., if it wishes, may take Defts' expert depo. and file its opp. to Defts' Daubert motion by 6/18/2013, to which Defts' may reply by 7/2/2013.. Hearing set for 7/11/2013 at 10:00 A.M. before Judge Michael A. Ponsor. Associated Cases: 3:11-cv-30039-MAP et al.(Finn, Mary)
March 1, 2013 Filing 124 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Motion Hearing held on 3/1/2013 re (85 in 3:11-cv-30127-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (131 in 3:11-cv-30048-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (166 in 3:11-cv-30094-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (113 in 3:11-cv-30039-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (107 in 3:11-cv-30047-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (97 in 3:11-cv-30044-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (91 in 3:11-cv-30141-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company, (155 in 3:11-cv-30126-MAP) MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues filed by Massachusetts Mutual Life Insurance Company. Arguments heard. Order to issue. (Entry made late due to clerical error.) (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Rice, Turner, Belelieu, Moskowitz, Queenin, Berthiamme, Redmond, McCormick, Normand, Austin, Lefton, Greeneine, Ryan, Williams, McDonough, Barrett, Stephens,) Associated Cases: 3:11-cv-30039-MAP et al.(Healy, Bethaney)
March 1, 2013 Filing 116 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting (115) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30039-MAP; granting (99) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30044-MAP; granting (110) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30047-MAP; granting (134) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30048-MAP; granting (171) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30094-MAP; granting (160) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30126-MAP; granting (87) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30127-MAP; granting (93) Motion for Approval of Stipulation and Order Expanding Limits on Discovery in case 3:11-cv-30141-MAP. Associated Cases: 3:11-cv-30039-MAP et al.(Healy, Bethaney)
February 28, 2013 Filing 115 Joint MOTION for Approval of Stipulation and [Proposed] Order Expanding Limits on Written Discovery by Massachusetts Mutual Life Insurance Company.(McDonough, Edward)
February 19, 2013 Filing 114 ELECTRONIC NOTICE Setting Hearing on Motion ISSUED, cc:cl. Motion Hearing set for 3/1/2013 at 1:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman, regarding the following motions: MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues, (113 in 3:11-cv-30039-MAP), (97 in 3:11-cv-30044-MAP), (107 in 3:11-cv-30047-MAP), (131 in 3:11-cv-30048-MAP), (166 in 3:11-cv-30094), (155 in 3:11-cv-30126), (85 in 3:11-cv-30127), (91 in 3:11-cv-30141-MAP). Associated Cases: 3:11-cv-30039-MAP et al.(Healy, Bethaney)
February 11, 2013 Filing 113 MOTION for Order to Set a Schedule for an Early Determination of Sampling Issues by Massachusetts Mutual Life Insurance Company.(McDonough, Edward)
February 11, 2013 Filing 112 JOINT STATEMENT re scheduling conference Regarding Plaintiff's Motion for Determination on Its Expert Discovery Proposal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(McDonough, Edward)
February 9, 2013 Filing 111 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #110 Joint Motion for Extension of Time by one day. So ordered. (Neiman, Kenneth)
February 8, 2013 Filing 110 Joint MOTION for Extension of Time to February 11, 2013 to File the Parties' Joint Expert Proposal by Massachusetts Mutual Life Insurance Company.(McDonough, Edward)
December 21, 2012 Filing 109 Magistrate Judge Kenneth P. Neiman: STIPULATION AND ORDER for the Production and Exchange of Confidential Information ENTERED, cc:cl. Associated Cases: 3:11-cv-30035-MAP et al.(Healy, Bethaney)
December 20, 2012 Filing 108 STIPULATION and Proposed Order for the Production and Exchange of Confidential Information by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson, Massachusetts Mutual Life Insurance Company. (Weinman, Kathy)
December 19, 2012 Filing 107 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered with regard to #104 STIPULATION and [Proposed] Order for the Production and Exchange of Confidential Information filed Jointly by Defendants and by Plaintiff Massachusetts Mutual Life Insurance Company, as follows. The parties shall forthwith provide to the court for its approval and execution a Stipulation and Order which incorporates paragraph 16(e) proposed by Defendants. In so ruling, the court makes the following observations. First, it appears to the court that District Judge Michael A. Ponsor, when approving the stipulation in Civil Action 11-cv-30285-MAP, intended to incorporate paragraph 16(e) therein. (See Docket Nos. 94 and 95.) Second, and more to the point perhaps, this court believes that, for the most part, paragraph 16(e) is an appropriate extension of the other provisions in paragraph 16, the only paragraph in the Stipulation which deals with the attorney-client privilege and work-product doctrine; it makes little sense to distinguish the claw-back rights set forth in the other parts of paragraph 16 (through written notice) from the deposition claw-back provision set forth in paragraph 16(e) (which does not entail written notice). That said, the court does not fully agree with Defendants that paragraph 16(e) is "a natural, and necessary, component" of the protections afforded through the other sub-paragraphs; indeed, the assertion of an attorney-client privilege during a deposition would appear to come quite late in the discovery process, given the care which must be exercised prior thereto by both the party producing documents and the party receiving documents. (See Paragraph 16(a) and (b).) Thus, it may well be argued in particular circumstances that the production of the document may not have been "inadvertent." Nonetheless, the court believes that the privileges at stake, more particularly the information protected by the privileges, are too important to be subject to further inquiry during the deposition without the permission of the objecting party. As to the possibility that a party whose claim of privilege is subsequently defeated might thereafter fail to ensure that the questioning party is given the opportunity to further question the deponent, despite the best efforts of the party who originally claimed the privilege, the court does not consider that a mere "inconvenience," as Defendants suggest. Thus, the parties are hereby put on notice that this court, at least, may consider whether sanctions are appropriate in such instances. So ordered. (Neiman, Kenneth)
December 14, 2012 Filing 106 BRIEF by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson to #104 Stipulation, Defendants' Submission in Support of Proposed Paragraph 16(e) of the [Proposed] Protective Order Governing the Use of Privileged Material at Depositions". (Attachments: #1 Exhibit Attachment 1)(Weinman, Kathy)
December 14, 2012 Filing 105 BRIEF by Massachusetts Mutual Life Insurance Company to #104 Stipulation, Regarding The Single Disputed Provision In The Joint Proposed Protective Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McDonough, Edward)
December 14, 2012 Filing 104 STIPULATION and [Proposed] Order for the Production and Exchange of Confidential Information filed Jointly by Defendants and by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(McDonough, Edward)
December 6, 2012 Filing 103 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:11-cv-30094-MAP et al.(Scalfani, Deborah)
December 6, 2012 Filing 102 Transcript of Scheduling Conference held on December 4, 2012, before Magistrate Judge Kenneth P. Neiman. The Transcript may be purchased through Judy Bond Gonsalves at 508-984-7003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Judy Bond Gonsalves. Redaction Request due 12/27/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/6/2013. Associated Cases: 3:11-cv-30094-MAP et al.(Scalfani, Deborah) (Main Document 102 replaced on 12/7/2012) (Scalfani, Deborah).
December 5, 2012 Filing 101 Notice of correction to docket made by Court staff. Correction: Procedural Order - the date the pretrial memorandum are to be filed. corrected because: The correct date the pretrial memorandum should be filed is 9/25/2015. Associated Cases: 3:11-cv-30039-MAP et al.(Finn, Mary)
December 5, 2012 Filing 100 Set/Reset Deadlines: Defts' Dispositive Motions due by 4/1/2015. Pltf's Responses and Cross Motion due by 4/29/2015. Defts' Replie due by 5/27/2015. Motion Hearing set for 6/24/2015 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor.) Associated Cases: 3:11-cv-30044-MAP et al.(Finn, Mary)
December 4, 2012 Filing 99 Set/Reset Hearings: Dispositive Motion Hearing set for 6/24/2015 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. Associated Cases: 3:11-cv-30039-MAP et al.(Healy, Bethaney)
December 4, 2012 Filing 98 Magistrate Judge Kenneth P. Neiman: PROCEDURAL ORDER re pretrial/trial ENTERED, cc:cl. Associated Cases: 3:11-cv-30039-MAP et al.(Healy, Bethaney) (Main Document 98 replaced on 12/5/2012) (Finn, Mary).
December 4, 2012 Filing 97 Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER ENTERED, cc:cl. See Order for details. Associated Cases: 3:11-cv-30039-MAP et al.(Healy, Bethaney)
December 4, 2012 Filing 96 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Scheduling Conference held on 12/4/2012. Colloquy re: status of case. Scheduling and Procedural Orders to issue. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: McDonough, Spelman, Stevens, Williams, Rice, Turner) (Healy, Bethaney)
December 4, 2012 Filing 95 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered correcting Document No 81 so as to eliminate any reference in that Memorandum and Order to Case No. 11-cv-30285-MAP, the undersigned having previously recused himself from that matter. So ordered. (Neiman, Kenneth)
November 30, 2012 Filing 94 CERTIFICATION pursuant to Local Rule 16.1 by Deutshe Bank Securities, Inc..(Abuirmeileh, Azure)
November 29, 2012 Filing 93 JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1. (McDonough, Edward)
November 29, 2012 Filing 92 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
November 20, 2012 Filing 91 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #89 Motion for Leave to Appear Pro Hac Vice Added Safia G. Hussain. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 19, 2012 Opinion or Order Filing 90 NOTICE issued to Attorney Safia G. Hussain regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. Associated Cases: 3:11-cv-30094-MAP et al.(Finn, Mary)
November 19, 2012 Filing 89 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Safia G. Hussain Filing fee: $ 100, receipt number 0101-4207872 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDonough, Edward)
November 13, 2012 Filing 88 Set/Reset Deadlines: Joint Proposed Discovery Statement and LR 16.1 certifications due by 11/29/2012. Associated Cases: 3:11-cv-30035-MAP et al.(Healy, Bethaney)
November 6, 2012 Filing 87 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #86 Motion for Leave to Appear Pro Hac Vice Added Claire Hausman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 6, 2012 Filing 86 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Claire Hausman Filing fee: $ 100, receipt number 0101-4191010 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McDonough, Edward)
October 31, 2012 Filing 85 ELECTRONIC NOTICE OF RESCHEDULING ISSUED, cc:cl. Scheduling Conference moved to 12/4/2012 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)
October 18, 2012 Filing 84 Judge Michael A. Ponsor: ELECTRONIC ORDER ENTERED REFERRING CASE to Magistrate Judge Kenneth P. Neiman. Referred for: Full Pretrial, No Dispositive Motions (ptn). Further information: ful pretrial management, excluding dispositive motions.(Healy, Bethaney)
October 17, 2012 Filing 83 NOTICE of Scheduling Conference ISSUED, cc:cl. Scheduling Conference set for 11/13/2012 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)
October 17, 2012 Filing 82 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered re #77 Letter/request for Scheduling Conference, cc:cl. (Healy, Bethaney)
October 17, 2012 Filing 81 Magistrate Judge Kenneth P. Neiman: MEMORANDUM AND ORDER entered with regard to Massachusetts Mutual Life Insurance Company's #66 Motion to Strike Certain Defenses, cc:cl. See Memorandum and Order for details. (Healy, Bethaney)
October 9, 2012 Filing 80 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #78 Motion for Leave to Appear Pro Hac Vice Added Viola Trebicka. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
October 9, 2012 Opinion or Order Filing 79 NOTICE issued to Attorney Viola Trebicka regarding mandatory registration with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. Associated Cases: 3:11-cv-30035-MAP et al.(Finn, Mary) (Main Document 97 replaced on 10/9/2012 with correct main document) (Finn, Mary). Modified on 10/9/2012 (Finn, Mary).
October 8, 2012 Filing 78 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Viola Trebicka Filing fee: $ 100, receipt number 0101-4148629 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McDonough, Edward)
October 2, 2012 Filing 77 Joint Letter/request (non-motion) from Plaintiff Massachusetts Mutual Life Insurance Company and Defendants Deutsche Bank Securities Inc., Anilesh Ahuja, Michael Commaroto, Richard DAlbert, and Richard Ferguson Requesting Scheduling Conference. (McDonough, Edward)
September 5, 2012 Filing 76 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #74 Motion for Leave to Appear Pro Hac Vice Added David C. Armillei. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
September 5, 2012 Filing 75 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #73 Motion for Leave to Appear Pro Hac Vice Added Colleen Keating. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
August 31, 2012 Filing 74 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David C. Armillei Filing fee: $ 100, receipt number 0101-4094852 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDonough, Edward)
August 30, 2012 Filing 73 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Colleen Keating Filing fee: $ 100, receipt number 0101-4093367 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(McDonough, Edward)
June 20, 2012 Filing 72 REPLY to Response to #66 MOTION to Strike #65 Answer to Complaint Certain Purported Defenses Therein filed by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
June 19, 2012 Filing 71 STIPULATION Regarding Answer to First Amended Complaint by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
June 6, 2012 Filing 70 Joint MEMORANDUM in Opposition re #66 MOTION to Strike #65 Answer to Complaint Certain Purported Defenses Therein (on behalf of all Defendants) filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson. (Attachments: #1 Appendix A)(Weinman, Kathy)
May 31, 2012 Filing 69 ANSWER to #68 Amended Complaint, by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Deutshe Bank Securities, Inc., Richard Ferguson.(Weinman, Kathy)
May 17, 2012 Filing 68 AMENDED COMPLAINT against Anilesh Ahuja, Richard Ferguson, Deutshe Alt-A Securities, Inc., Joseph Rice, Douglas Johnson, DB Structured Products, Inc., Juliana Johnson, Michael Commaroto, Ace Securities Corp., Richard D'Albert, Evelyn Echevarria, Deutshe Bank Securities, Inc., filed by Massachusetts Mutual Life Insurance Company.(Lindsay, Maurice)
May 17, 2012 Judge Michael A. Ponsor: ENDORSED ORDER entered granting #61 Motion to Amend. ALLOWED, without opposition. The clerk is ordered to docket the attached Amended Complaint. Exhibit A. separately. So ordered. (Lindsay, Maurice)
May 9, 2012 Filing 67 MEMORANDUM in Support re #66 MOTION to Strike #65 Answer to Complaint Certain Purported Defenses Therein filed by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
May 9, 2012 Filing 66 MOTION to Strike #65 Answer to Complaint Certain Purported Defenses Therein by Massachusetts Mutual Life Insurance Company.(McDonough, Edward)
April 25, 2012 Filing 65 Amended ANSWER to #1 Complaint by Deutshe Bank Securities, Inc..(Weinman, Kathy)
April 19, 2012 Judge Michael A. Ponsor: ENDORSED ORDER entered granting #64 Motion for Extension of Time to Plaintiff to Move to Strike and Defendants to File Amended Answers. ALLOWED. (Lindsay, Maurice)
April 13, 2012 Filing 64 Assented to MOTION for Extension of Time to Plaintiff to Move to Strike and Defendant to File Amended Answer by Massachusetts Mutual Life Insurance Company.(McDonough, Edward)
March 20, 2012 Filing 63 ANSWER to #1 Complaint by Deutshe Bank Securities, Inc..(Weinman, Kathy)
March 15, 2012 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #62 Motion for Extension of Time to 3/21/12 to file response to Motion to Amend, doc. #61. Plaintiff's reply to be filed with seven days of the filing of the response. (Stuckenbruck, John)
March 14, 2012 Filing 62 Assented to MOTION for Extension of Time to March 21, 2012 to Respond to Plaintiff's Motion to Amend the Complaint With Respect To, and For Reconsideration of the Dismissal of, Defendants Anilesh Ahuja, Michael Commaroto, Richard D'Albert, and Richard Ferguson by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Richard Ferguson.(Weinman, Kathy)
March 14, 2012 Judge Michael A. Ponsor: ENDORSED ORDER entered granting, as agreed, Deft. Deutsche Bank Securities Inc.'s #60 Motion for Extension of Time to 3/20/2012 to resp. to the complaint. (Finn, Mary) Modified on 3/14/2012 to add "as agreed" to the text. (Finn, Mary).
March 14, 2012 Set/Reset Answer Deadlines for Deutshe Bank Securities, Inc.. - 3/20/2012. (Finn, Mary)
February 29, 2012 Filing 61 MOTION to Amend the Complaint With Respect to, and For Reconsideration of the Dismissal of, Defendants Anilesh Ahuja, Michael Commaroto, Richard DAlbert, and Richard Ferguson by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Proposed First Amended Complaint)(McDonough, Edward)
February 29, 2012 Filing 60 Assented to MOTION for Extension of Time to March 20, 2012 to Respond to the Complaint by Deutshe Bank Securities, Inc..(Weinman, Kathy)
February 14, 2012 Filing 59 Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Defendants motions to dismiss (11-30035-MAP (Dkt. Nos. #22 and #28 ); 11-30039-MAP(Dkt. No. #17 ); 11-30044-MAP (Dkt. No. #17 ); 11-30047-MAP (Dkt. No. #16 ); 11-30048-MAP (Dkt. Nos. #23 and #27 ); 11-30094-MAP (Dkt. No. #24 ); 11-30126-MAP (Dkt. No. #26 ); 11-30127-MAP (Dkt. No. #10 ); 11-30141-MAP (Dkt. No. #11 )) are hereby ALLOWED in part and DENIED in part. Plaintiffs claims regarding misrepresentations concerning owner-occupancy rates are dismissed in all of the complaints, except in the complaint against HSBC Bank USA, National Association et al. (11-30141-MAP). Plaintiffs section 410(a) claims against the non-underwriter Defendants are dismissed in all of the complaints. These Defendants are identified in Part III, Section B of this memorandum and order. Plaintiffs section 410(b) claims against Defendants whose control personliability stems from primary violations by non-underwriter Defendants are also dismissed. Some of these Defendants are identified in Part III, Section B of this memorandum. The court is unable to identify these Defendants in the actions numbered 11-30035-MAP, 11-30094-MAP, 11-30126-MAP, 11-30127-MAP, and 11-30141-MAP. Defendants in these actions have until two weeks from the date of this memorandum to file a status report naming the relevant Defendants. Defendants should now file Answers within twenty days. The cases will then be referred to Magistrate Judge Kenneth P. Neiman for a pretrial scheduling conference. It is So Ordered. See the attached memorandum and order for complete details. Associated Cases: 3:11-cv-30035-MAP et al. (Lindsay, Maurice)
February 8, 2012 Judge Michael A. Ponsor: ENDORSED ORDER entered granting #9 Motion for Extension of Time. ALLOWED, to clarify the docket. (Lindsay, Maurice)
December 15, 2011 Filing 58 Notice of Supplemental Authorities re #17 MOTION to Dismiss Plaintiff's Complaint , filed by DB Structured Products, Inc., Deutsche Alt-A Securities, Inc., Ace Securities Corp., Deutsche Bank Securities, Inc., Anilesh Ahuja, Jeffrey Lehocky, Michael Commaroto, Joseph Rice, Richard D'Albert, Richard Ferguson, Douglas Johnson, Evelyn Echevarria and Juliana Johnson (Attachments: #1 Exhibit A)(Weinman, Kathy)
December 13, 2011 ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Court takes matter under advisement. Order to issue. Motion Hearing held on 12/13/2011 re : Multiple Motions to Dismiss. (Court Reporter: Alice Moran at 413-731-0086.) Associated Cases: 3:11-cv-30035-MAP et al.(Pelegano, Theresa)
December 10, 2011 Filing 57 Notice of Supplemental Authorities re #17 MOTION to Dismiss Plaintiff's Complaint filed by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
October 27, 2011 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #56 Motion for Leave to Appear Pro Hac Vice Added Philippe Z. Selendy. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
October 26, 2011 Filing 56 MOTION for Leave to Appear Pro Hac Vice for admission of Philippe Z. Selendy Filing fee: $ 50, receipt number 0101-3644126 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Certificate of Standing, #2 Exhibit B -- Selendy Affidavit)(Spelman, Stephen)
October 4, 2011 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #55 Motion for Leave to Appear Pro Hac Vice Added Jennifer J. Barrett. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
October 3, 2011 Filing 55 MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer J. Barrett Filing fee: $ 50, receipt number 0101-3606701 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1-- Certificate of Standing, #2 Exhibit 2 -- Jennifer Barrett affidavit)(Spelman, Stephen)
August 16, 2011 Set/Reset Deadlines as to (17 in 3:11-cv-30044-MAP) MOTION to Dismiss Plaintiff's Complaint, (28 in 3:11-cv-30035-MAP) MOTION to Dismiss with certificate of service, (22 in 3:11-cv-30035-MAP) MOTION to Dismiss Plaintiff's Complaint, (17 in 3:11-cv-30039-MAP) MOTION to Dismiss Plaintiff's Complaint, (16 in 3:11-cv-30047-MAP) MOTION to Dismiss the Complaint, (23 in 3:11-cv-30048-MAP) MOTION to Dismiss Plaintiff's Complaint, (27 in 3:11-cv-30048-MAP) MOTION to Dismiss the Complaint, (26 in 3:11-cv-30126-MAP) MOTION to Dismiss, (24 in 3:11-cv-30094-MAP) MOTION to Dismiss ("Defendants' Motion To Dismiss MassMutual's Complaint") MOTION to Dismiss ("Defendants' Motion To Dismiss MassMutual's Complaint") MOTION to Dismiss ("Defendants' Motion To Dismiss MassMutual's Complaint") MOTION to Dismiss ("Defendants' Motion To Dismiss MassMutual's Complaint"), (10 in 3:11-cv-30127-MAP) MOTION to Dismiss, (11 in 3:11-cv-30141-MAP) MOTION to Dismiss Complaint. All motions which were to be heard on 10/6/2011 will be heard on 12/13/2011 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. Associated Cases: 3:11-cv-30044-MAP et al. The 10/6/2011 hearing has been cancelled.(Finn, Mary)
July 28, 2011 Filing 54 Joint REPLY to Response to #17 MOTION to Dismiss Plaintiff's Complaint by Individual Defendants filed by Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
July 28, 2011 Filing 53 Joint REPLY to Response to #17 MOTION to Dismiss Plaintiff's Complaint by Corporate Defendants filed by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
July 28, 2011 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #48 Motion for Leave to Appear Pro Hac Vice Added Molly Stephens, A. William Urquhart and Harry A. Olivar, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #49 Motion for Leave to Appear Pro Hac Vice Added Molly Stephens, A. William Urquhart and Harry A. Olivar, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #50 Motion for Leave to Appear Pro Hac Vice Added Molly Stephens, A. William Urquhart and Harry A. Olivar, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
July 27, 2011 ELECTRONIC NOTICE Setting Hearing on Motion Re: MOTIONS to Dismiss Motion Hearing set for 10/6/2011 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. Associated Cases: 3:11-cv-30039-MAP et al.(Pelegano, Theresa)
July 26, 2011 Judge Michael A. Ponsor: ENDORSED ORDER entered denying #51 Motion for status conference. DENIED. Argument on the motion to dismiss will be 10/6/11 at 10:00 AM., with a conference re:discovery to follow the ruling. (Lindsay, Maurice)
July 21, 2011 Filing 52 RESPONSE to Motion re #51 MOTION For Status Conference filed by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
July 19, 2011 Filing 51 MOTION For Status Conference by Massachusetts Mutual Life Insurance Company.(Spelman, Stephen)
July 15, 2011 Judge Michael A. Ponsor: ENDORSED ORDER entered granting #13 Motion For Joint Briefing In Support of Defendants' Motions To Dismiss Plaintiff's Complaint. ALLOWED. See order issued in 11cv30047 (Lindsay, Maurice)
July 8, 2011 Filing 50 MOTION for Leave to Appear Pro Hac Vice for admission of Harry A. Olivar, Jr. Filing fee: $ 50, receipt number 0101-3488687 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Certificate of Standing, #2 Exhibit B -- Affidavit)(Spelman, Stephen)
July 8, 2011 Filing 49 MOTION for Leave to Appear Pro Hac Vice for admission of Molly Stephens Filing fee: $ 50, receipt number 0101-3488682 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Certificate of Standing, #2 Exhibit B -- Affidavit)(Spelman, Stephen)
July 8, 2011 Filing 48 MOTION for Leave to Appear Pro Hac Vice for admission of A. William Urquhart Filing fee: $ 50, receipt number 0101-3488673 by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Certificate of Standing, #2 Exhibit B -- Affidavit)(Spelman, Stephen)
June 28, 2011 Filing 47 DECLARATION re #20 Memorandum in Support of Motion, #18 Memorandum in Support of Motion, (Declaration of Stephen E. Spelman) by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit 1 -- Chart, #2 Exhibit 2 -- Court Case, #3 Exhibit 3 -- Deutsche 2006-AR3 Excerpt, #4 Exhibit 4 -- ACE 2006-ASAP4 Excerpt, #5 Exhibit 5 -- Deutsche 2006-AR5 Excerpt, #6 Exhibit 6 -- ACE 2007-WM2 Excerpt)(McDonough, Edward)
June 28, 2011 Filing 46 Response by Massachusetts Mutual Life Insurance Company to #18 Memorandum in Support of Motion, #20 Memorandum in Support of Motion, (MassMutual's Opposition to Defendants' Request for Judicial Notice). (McDonough, Edward)
June 28, 2011 Filing 45 Opposition re #17 MOTION to Dismiss Plaintiff's Complaint (MassMutual's Opposition to Officer Defendants' Motion to Dismiss) filed by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
June 28, 2011 Filing 44 Opposition re #17 MOTION to Dismiss Plaintiff's Complaint (MassMutual's opposition to Corporate Defendants' Motion to Dismiss) filed by Massachusetts Mutual Life Insurance Company. (McDonough, Edward)
June 16, 2011 Filing 43 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 42 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 41 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A - Registered Mail Receipt, #2 Exhibit B - Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 40 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 39 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 38 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 37 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 36 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 35 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 34 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 33 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 32 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B -- Return of Service)(Spelman, Stephen)
June 16, 2011 Filing 31 AFFIDAVIT OF SERVICE Executed by Massachusetts Mutual Life Insurance Company. Acknowledgement filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A -- Registered Mail Receipt, #2 Exhibit B - Return of Service)(Spelman, Stephen)
May 3, 2011 Notice of correction to docket made by Court staff. The motion to dismiss Dkt. No. 17 was edited because the motion and the proposed order were incorrectly filed as one document. The CM/ECF procedures require that all appropriate attachments including exhibits, affidavits or proposed order must be attached separately and identified accordingly, this attachment has been separated from the motion and is now attached separately. (Lindsay, Maurice)
April 29, 2011 Filing 30 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Juliana Johnson by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 29 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Joseph Rice by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 28 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Jeffrey Lehocky by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 27 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Richard Ferguson by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 26 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Evelyn Echevarria by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 25 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Richard D'Albert by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 24 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Douglas Johnson by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 23 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Michael Commaroto by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 22 DECLARATION re #20 Memorandum in Support of Motion, #17 MOTION to Dismiss Plaintiff's Complaint Anilesh Ahuja by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 21 DECLARATION of Jason R. Meltzer by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice in support of documents #17 & #20 . . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Weinman, Kathy) Modified on 5/2/2011 to link to documents 17 & 20. (Finn, Mary).
April 29, 2011 Filing 20 Supplemental MEMORANDUM in Support re #17 MOTION to Dismiss Plaintiff's Complaint filed by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 19 DECLARATION of Alan C. Turner in support of documents #17 & #18 by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 - part A, #14 Exhibit 13 - part B, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25)(Weinman, Kathy) Modified on 5/2/2011 to link to documents 17 & 18. (Finn, Mary).
April 29, 2011 Filing 18 Joint MEMORANDUM in Support re #17 MOTION to Dismiss Plaintiff's Complaint filed by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. (Weinman, Kathy)
April 29, 2011 Filing 17 MOTION to Dismiss Plaintiff's Complaint by Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice.(Weinman, Kathy) (Main Document 17 replaced on 5/3/2011) (Lindsay, Maurice). (Additional attachment(s) added on 5/3/2011: #1 Proposed Order) (Lindsay, Maurice).
April 29, 2011 Filing 16 NOTICE of Appearance by Azure M. Abuirmeileh on behalf of Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice (Abuirmeileh, Azure)
April 29, 2011 Filing 15 NOTICE of Appearance by Kathy B. Weinman on behalf of Anilesh Ahuja, Michael Commaroto, Richard D'Albert, Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice (Weinman, Kathy)
April 27, 2011 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added Thomas C. Rice, David J. Woll, Alan C. Turner and Jason R. Meltzer. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)
April 25, 2011 Filing 14 RESPONSE to Motion re #13 MOTION For Joint Briefing In Support of Defendants' Motions To Dismiss Plaintiff's Complaint, To Extend Page Limits, To Extend Time To File Defendants' Motions, And To Set A Schedule For Opposition And Reply Briefing filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Exhibit A)(Harrigan, Bernadette)
April 25, 2011 Filing 13 MOTION For Joint Briefing In Support of Defendants' Motions To Dismiss Plaintiff's Complaint, To Extend Page Limits, To Extend Time To File Defendants' Motions, And To Set A Schedule For Opposition And Reply Briefing by Ace Securities Corp., DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc.. (Attachments: #1 Text of Proposed Order)(Weinman, Kathy)
April 20, 2011 Filing 12 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Thomas C. Rice, David J. Woll, Alan C. Turner and Jason Meltzer Filing fee: $ 200, receipt number 0101-3369119 by Ace Securities Corp., DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weinman, Kathy)
April 7, 2011 Judge Michael A. Ponsor: ELECTRONIC ORDER entered in case 3:11-cv-30035-MAP; granting (5) Motion for Extension of Time to Answer All Defendants. in case 3:11-cv-30047-MAP Associated Cases: 3:11-cv-30047-MAP, 3:11-cv-30035-MAP, 3:11-cv-30039-MAP, 3:11-cv-30044-MAP, 3:11-cv-30048-MAP(Pelegano, Theresa)
April 5, 2011 Filing 11 NOTICE of Appearance by Azure M. Abuirmeileh on behalf of Ace Securities Corp., DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc. (Abuirmeileh, Azure)
April 5, 2011 Filing 10 CORPORATE DISCLOSURE STATEMENT by Ace Securities Corp., DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc.. (Weinman, Kathy)
April 5, 2011 Filing 9 Assented to MOTION for Extension of Time to April 29, 2011 to Respond to Complaint by Ace Securities Corp., DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc..(Weinman, Kathy)
April 5, 2011 Filing 8 NOTICE of Appearance by Kathy B. Weinman on behalf of Ace Securities Corp., DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc. (Weinman, Kathy)
March 24, 2011 Filing 7 NOTICE of Appearance by Stephen E. Spelman on behalf of Massachusetts Mutual Life Insurance Company (Spelman, Stephen)
February 23, 2011 Filing 6 NOTICE of Appearance by Edward J. McDonough, Jr on behalf of Massachusetts Mutual Life Insurance Company (McDonough, Edward)
February 18, 2011 Filing 5 Summons Issued as to Ace Securities Corp., Anilesh Ahuja, Michael Commaroto, Richard D'Albert, DB Structured Products, Inc., Deutshe Alt-A Securities, Inc., Deutshe Bank Securities, Inc., Evelyn Echevarria, Richard Ferguson, Douglas Johnson, Juliana Johnson, Jeffrey Lehocky, Joseph Rice. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly)
February 17, 2011 ELECTRONIC NOTICE of Case Assignment. Judge Michael A Ponsor assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Kenneth P. Neiman. (Lindsay, Maurice)
February 16, 2011 Filing 4 CORPORATE DISCLOSURE STATEMENT by Massachusetts Mutual Life Insurance Company. (Harrigan, Bernadette)
February 16, 2011 Filing 3 Civil Cover Sheet & Category Sheet re #1 Complaint, #2 Civil Cover Sheet & Category Sheet by Massachusetts Mutual Life Insurance Company. (Harrigan, Bernadette)
February 16, 2011 Filing 2 Civil Cover Sheet & Category Sheet re #1 Complaint by Massachusetts Mutual Life Insurance Company. (Harrigan, Bernadette)
February 16, 2011 Filing 1 COMPLAINT against All Defendants (Fee Status: Paid, Receipt No:0101-3272291), filed by Massachusetts Mutual Life Insurance Company.(Harrigan, Bernadette) Modified to add filing fee information on 2/18/2011 (Abaid, Kimberly).

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Search for this case: Massachusetts Mutual Life Insurance Company v. DB Structured Products, Inc. et al
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Plaintiff: Massachusetts Mutual Life Insurance Company
Represented By: Bernadette Harrigan
Represented By: Daniel Rosengard
Represented By: Duane R. Lyons
Represented By: Edward J. McDonough, Jr.
Represented By: Farbod S. Moridani
Represented By: Jennifer D. English
Represented By: Karen Bobrow
Represented By: Philippe Z. Selendy
Represented By: Richard I. Werder, Jr.
Represented By: Viola Trebicka
Represented By: A. William Urquhart
Represented By: Claire Hausman
Represented By: Colleen Keating
Represented By: David C. Armillei
Represented By: Harry A. Olivar, Jr.
Represented By: Jennifer J. Barrett
Represented By: John J. Egan
Represented By: Kristen Bird
Represented By: Manisha M. Sheth
Represented By: Michael J. Pineault
Represented By: Molly Stephens
Represented By: Safia G. Hussain
Represented By: Stephen E. Spelman
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Plaintiff: Federal Deposit Insurance Corporation - Receiver
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Defendant: DB Structured Products, Inc.
Represented By: Kathy B. Weinman
Represented By: Alan Turner
Represented By: Azure Marie Aronsson
Represented By: David J. Woll
Represented By: Jason R. Meltzer
Represented By: Thomas C. Rice
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Defendant: Deutshe Alt-A Securities, Inc.
Represented By: Kathy B. Weinman
Represented By: Alan Turner
Represented By: Azure Marie Aronsson
Represented By: David J. Woll
Represented By: Jason R. Meltzer
Represented By: Thomas C. Rice
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Defendant: Ace Securities Corp.
Represented By: Kathy B. Weinman
Represented By: Alan Turner
Represented By: Azure Marie Aronsson
Represented By: David J. Woll
Represented By: Jason R. Meltzer
Represented By: Thomas C. Rice
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Defendant: Deutshe Bank Securities, Inc.
Represented By: Christopher G. Lee
Represented By: Craig S. Waldman
Represented By: Elizabeth J. Shutkin
Represented By: Erik Risendal
Represented By: Erika H. Burk
Represented By: Evan I. Cohen
Represented By: Kathy B. Weinman
Represented By: Kimberly A. Hamm
Represented By: Leigh Wasserstrom
Represented By: Patrick M. Connorton
Represented By: William T. Russell, Jr.
Represented By: Alan Turner
Represented By: Andrew T. Frankel
Represented By: Azure Marie Aronsson
Represented By: David J. Woll
Represented By: Jason R. Meltzer
Represented By: Meredith C. Duffy
Represented By: Thomas C. Rice
Represented By: Zara Ohiorhenuan
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Defendant: Anilesh Ahuja
Represented By: Christopher G. Lee
Represented By: Craig S. Waldman
Represented By: Elizabeth J. Shutkin
Represented By: Erik Risendal
Represented By: Erika H. Burk
Represented By: Evan I. Cohen
Represented By: Kathy B. Weinman
Represented By: Kimberly A. Hamm
Represented By: Leigh Wasserstrom
Represented By: Patrick M. Connorton
Represented By: William T. Russell, Jr.
Represented By: Andrew T. Frankel
Represented By: Azure Marie Aronsson
Represented By: Meredith C. Duffy
Represented By: Zara Ohiorhenuan
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Defendant: Jeffrey Lehocky
Represented By: Kathy B. Weinman
Represented By: Azure Marie Aronsson
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Defendant: Michael Commaroto
Represented By: Christopher G. Lee
Represented By: Craig S. Waldman
Represented By: Elizabeth J. Shutkin
Represented By: Erik Risendal
Represented By: Erika H. Burk
Represented By: Evan I. Cohen
Represented By: Kathy B. Weinman
Represented By: Kimberly A. Hamm
Represented By: Leigh Wasserstrom
Represented By: Patrick M. Connorton
Represented By: William T. Russell, Jr.
Represented By: Andrew T. Frankel
Represented By: Azure Marie Aronsson
Represented By: Meredith C. Duffy
Represented By: Zara Ohiorhenuan
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Defendant: Joseph Rice
Represented By: Kathy B. Weinman
Represented By: Azure Marie Aronsson
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Defendant: Richard D'Albert
Represented By: Christopher G. Lee
Represented By: Craig S. Waldman
Represented By: Elizabeth J. Shutkin
Represented By: Erik Risendal
Represented By: Erika H. Burk
Represented By: Evan I. Cohen
Represented By: Kathy B. Weinman
Represented By: Kimberly A. Hamm
Represented By: Leigh Wasserstrom
Represented By: Patrick M. Connorton
Represented By: William T. Russell, Jr.
Represented By: Andrew T. Frankel
Represented By: Azure Marie Aronsson
Represented By: Meredith C. Duffy
Represented By: Zara Ohiorhenuan
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Defendant: Richard Ferguson
Represented By: Kimberly A. Hamm
Represented By: Leigh Wasserstrom
Represented By: Patrick M. Connorton
Represented By: William T. Russell, Jr.
Represented By: Andrew T. Frankel
Represented By: Azure Marie Aronsson
Represented By: Meredith C. Duffy
Represented By: Zara Ohiorhenuan
Represented By: Christopher G. Lee
Represented By: Craig S. Waldman
Represented By: Elizabeth J. Shutkin
Represented By: Erik Risendal
Represented By: Erika H. Burk
Represented By: Evan I. Cohen
Represented By: Kathy B. Weinman
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Defendant: Douglas Johnson
Represented By: Kathy B. Weinman
Represented By: Azure Marie Aronsson
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Defendant: Evelyn Echevarria
Represented By: Kathy B. Weinman
Represented By: Azure Marie Aronsson
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Defendant: Juliana Johnson
Represented By: Kathy B. Weinman
Represented By: Azure Marie Aronsson
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Not classified by court: OneWest Bank, FSB
Represented By: John A. Freedman
Represented By: Matthew T. Heartney
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