AIG Global Securities Lending Corp., et al v. Banc of America Securities LLC
Plaintiff: AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company, Halifax PLC, International Finance Company, The Premier Insurance Company of Massachusetts, Safeco Life Insurance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company and The Travelers Insurance Company
Defendant: Banc of America Securities, LLC and First Union Securities, Inc.
Case Number: 1:2001cv11448
Filed: December 13, 2001
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: John G Koeltl
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 19, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2012 Opinion or Order Filing 290 SEALED MATERIALS DISPOSED: Document(s) 121, 122, 124, 126 and 141 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 6/19/2012.(nm)
June 5, 2012 Opinion or Order Filing 289 SEALED MATERIALS RETRIEVED: Document(s) 157 were retrieved on 6/5/2012.(nm)
June 4, 2012 Opinion or Order Filing 288 SEALED MATERIALS DISPOSED: Document(s) 92, 93, 94, 118, 119, 120, 130, 131 and 156 were destroyed per filing party request. The sealed record(s) were destroyed on 6/4/2012.(nm)
May 21, 2012 Opinion or Order Filing 287 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 157 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/20/2012. (nm)
May 17, 2012 Opinion or Order Filing 286 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 121, 122, 124, 126 and 141 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/18/2012. (nm)
May 17, 2012 Opinion or Order Filing 285 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 92, 93, 94, 118, 119, 120, 130, 131 and 156 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/18/2012. (nm)
January 21, 2011 Opinion or Order Filing 284 SATISFACTION OF JUDGMENT entered In favor of The Travelers Insurance Company Against Banc of America Securities, LLC, In favor of Societe Generale Against Banc of America Securities, LLC, In favor of International Finance Company Against Banc of America Securities, LLC, In favor of Bayerische Landesbank Against Banc of America Securities, LLC, In favor of Bank Leumi USA Against Banc of America Securities, LLC, In favor of Allstate Life Insurance Company Against Banc of America Securities, LLC, In favor of AIG Life Insurance Company Against Banc of America Securities, LLC, In favor of AIG Global Lending Corp. Against Banc of America Securities, LLC in the amount of $11,403.25(#10,1968) and $34,041.35(#10,1967). Document filed by AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, International Finance Company, Societe Generale, The Travelers Insurance Company.(mro)
January 6, 2011 Opinion or Order Filing 283 MEMORANDUM AND OPINION ORDER #99824 For the reasons discussed above, the plaintiffs' motions are denied insofar as they seek an order modifying the Clerk's award to include additional costs, and granted insofar as they seek an award of post-judgment interest on the costs allowed by the Clerk. The Clerk is directed to close Docket. Nos. 272 and 276. SO ORDERED. (Signed by Judge John G. Koeltl on 1/6/2011) (jmi) Modified on 1/10/2011 (ajc).
January 5, 2011 Opinion or Order Filing 282 ORDER EXTINGUISHING SURETIES' OBLIGATIONS UNDER SUPERSEDEAS BOND, that the Sureties shall have no further obligations or potential liabilities under the Supersedeas Bond and that all such obligations and potential liabilities of the Sureties under the Supersedes Bond are hereby extinguished. (Signed by Judge John G. Koeltl on 1/5/2011) (lnl)
December 15, 2010 Opinion or Order Filing 281 MEMORANDUM OF LAW in Support re: 276 MOTION to Modify Clerk's Award of Costs. Document filed by AIG Global Lending Corp., AIG Life Insurance Company. (mbe)
December 14, 2010 Opinion or Order Filing 280 AFFIDAVIT of Andy Cepregi, Director at DOAR Litigation Consulting. (mbe)
December 14, 2010 Opinion or Order Filing 279 REPLY MEMORANDUM OF LAW in Support re: 276 MOTION to Modify Clerk's Award of Costs. Document filed by Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, International Finance Company, Societe Generale, The Travelers Insurance Company. (mbe)
December 7, 2010 Opinion or Order Filing 275 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motions to Modify Clerks award of costs. Document filed by Banc of America Securities, LLC. (Received in the night deposit box on 12/7/10 at 6:05pm) (mro)
November 24, 2010 Opinion or Order Filing 278 DECLARATION of Jeff I. Ross in Support re: 276 MOTION to Modify Clerk's Award of Costs. Document filed by AIG Global Lending Corp., AIG Life Insurance Company. (mro)
November 24, 2010 Opinion or Order Filing 277 MEMORANDUM OF LAW in Support re: 276 MOTION to Modify Clerk's Award of Costs. Document filed by AIG Global Lending Corp., AIG Life Insurance Company. (mro)
November 24, 2010 Opinion or Order Filing 276 MOTION to Modify Clerk's Award of Costs. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(mro)
November 23, 2010 Opinion or Order Filing 274 DECLARATION of Christopher Dysard in Support re: 272 MOTION for an Order pursuant to Rule 54(d)(1) of the FRCP modifying the Clerk's award of costs to the Non-AIG Plaintiffs to include $7, 615.20 in costs related to real time transcripts and $148, 715.00 in costs related to electronic exhibits and demonstratives, and awarding post-judgment interest on the total costs award to the Non-AIG Plaintiffs from January 6, 2009. Document filed by Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, International Finance Company, New York Branch, Societe Generale, The Travelers Insurance Company. (mro)
November 23, 2010 Opinion or Order Filing 273 MEMORANDUM OF LAW in Support re: 272 MOTION for an Order pursuant to Rule 54(d)(1) of the FRCP modifying the Clerk's award of costs to the Non-AIG Plaintiffs to include $7, 615.20 in costs related to real time transcripts and $148, 715.00 in costs related to electronic exhibits and demonstratives, and awarding post-judgment interest on the total costs award to the Non-AIG Plaintiffs from January 6, 2009. Document filed by Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, International Finance Company, New York Branch, Societe Generale, The Travelers Insurance Company. (mro)
November 23, 2010 Opinion or Order Filing 272 MOTION for an Order pursuant to Rule 54(d)(1) of the FRCP modifying the Clerk's award of costs to the Non-AIG Plaintiffs to include $7, 615.20 in costs related to real time transcripts and $148, 715.00 in costs related to electronic exhibits and demonstratives, and awarding post-judgment interest on the total costs award to the Non-AIG Plaintiffs from January 6, 2009. Document filed by Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, International Finance Company, New York Branch, Societe Generale, The Travelers Insurance Company.(mro)
November 16, 2010 Opinion or Order Filing 271 BILL OF COSTS docketed as Judgment #10,1967 on 11/17/2010 in favor of Non-AIG Plaintiffs against Defendant for the sum of $34,041.35.(mbe)
November 16, 2010 Opinion or Order Filing 270 BILL OF COSTS docketed as Judgment #10,1968 on 11/17/2010 in favor of Plaintiff against Defendant for the sum of $11,403.25.(mbe)
November 16, 2010 Opinion or Order Minute Entry Bill of Cost Hearing held on 11/16/2010 before Judgment Clerk: Michael Lee. Two separate costs applications. All parties having appeared. Objections having been submitted. (ml)
October 25, 2010 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #269 USCA Mandate,. (nd)
October 22, 2010 Opinion or Order Filing 269 MANDATE of USCA (Certified Copy) as to #215 Notice of Appeal, filed by Banc of America Securities, LLC USCA Case Number 09-2367-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2010. (nd)
October 21, 2010 Opinion or Order Filing 268 SATISFACTION OF JUDGMENT re: #171 Judgment entered In favor of AIG Life Insurance Company Against Banc of America Securities, LLC, In favor of Allstate Life Insurance Company Against Banc of America Securities, LLC, In favor of Bank Leumi USA Against Banc of America Securities, LLC, In favor of The Travelers Insurance Company Against Banc of America Securities, LLC, In favor of Bayerische Landesbank Against Banc of America Securities, LLC, In favor of AIG Global Lending Corp. Against Banc of America Securities, LLC, In favor of International Finance Company Against Banc of America Securities, LLC, In favor of Societe Generale Against Banc of America Securities, LLC. Document filed by AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, International Finance Company, Societe Generale, The Travelers Insurance Company.(mro)
September 14, 2009 Opinion or Order Filing 267 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #215 Notice of Appeal, filed by Banc of America Securities, LLC USCA Case Number 09-2367-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
June 26, 2009 Opinion or Order Filing 259 STIPULATION TO SUPPLEMENT DISTRICT COURT RECORD; The Admitted Exhibits shall be added to the district court record and included in the record to be certified to the Second Circuit Court of Appeals. The Admitted Exhibits shall be retained by the attorneys of record until requested by the Second Circuit Court of Appeals. SO ORDERED. (Signed by Judge John G. Koeltl on 6/25/2009) (tve)
June 22, 2009 Opinion or Order USCA Case Number 09-2367-cv from the US Court of Appeals, Second Circuit assigned to #215 Notice of Appeal, filed by Banc of America Securities, LLC. (nd)
June 19, 2009 Opinion or Order Filing 218 ORDER that the motion to amend caption is granted and the caption in this matter is amended in the form attached hereto as Exhibit 1. (Signed by Judge John G. Koeltl on 6/18/09) (dle)
June 18, 2009 Opinion or Order Filing 217 MEMORANDUM OF LAW in Support re: 216 NOTICE of Unopposed Motion. Document filed by International Finance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch. (mbe)
June 18, 2009 Opinion or Order Filing 216 NOTICE of Unopposed Motion. Document filed by International Finance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch. (mbe)
June 4, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #215 Notice of Appeal,. (nd)
June 4, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #215 Notice of Appeal,. (nd)
June 3, 2009 Opinion or Order Filing 215 NOTICE OF APPEAL from #197 Memorandum & Opinion,, #171 Judgment. Document filed by Banc of America Securities, LLC. Filing fee $ 455.00, receipt number E 689981. Copies of Notice of Appeal mailed to attorney(s) of record: Ross & Orenstein LLC; Kleinberg, Kaplan, Wolff & Cohen, P.C.; Spears & Imes LLP. (nd)
May 21, 2009 Opinion or Order Filing 213 BILL OF COSTS and Request to Tax Costs Document filed by AIG Global Lending Corp., AIG Life Insurance Company. (Attachments: #1 Supplement AIG Plaintiffs' Request to Tax Costs, #2 Exhibit Exhibit A to Request to Tax Costs, #3 Exhibit Exhibit B to Request to Tax Costs, #4 Exhibit AIG Exhibit C-1 to Request to Tax Costs, #5 Exhibit AIG Exhibit C-2 to Request to Tax Costs, #6 Exhibit AIG Exhibit D to Request to Tax Costs, #7 Exhibit AIG Exhibit E to Request to Tax Costs, #8 Exhibit AIG Exhibit F to Request to Tax Costs, #9 Exhibit AIG Exhibit G to Request to Tax Costs, #10 Exhibit AIG Exhibit H to Request to Tax Costs, #11 Exhibit AIG Exhibit I to Request to Tax Costs)(Otto, Jason)
May 20, 2009 Opinion or Order Filing 214 ENDORSED LETTER addressed to Judge John G. Koeltl from William O.L. Hutchinson dated May 18, 2009, re: Pursuant to the Court's May 14, 2009 Order concerning the docketing of materials submitted to the Court, defendant Banc of America Securities LLC ("BAS") respectfully requests that the Court direct the Clerk to docket the following materials as described below. ENDORSEMENT: Application granted. All of the documents should be filed as requested except the Court will separately file a signed copy of the Joint Pre-Trial Order. Therefore, the Court is not transmitting for docketing Ex. B to this letter - the unsigned Joint Pre-Trial Order. So Ordered. (Signed by Judge John G. Koeltl on 5/19/2009) (rw)
May 20, 2009 Opinion or Order Filing 204 ORDER: The Court has retained its courtesy sets of the plaintiffs' and the defendant's trial exhibits. If the parties would like the exhibits to be returned to them, they should make such a request by May 22, 2009, after which date the exhibits will not be preserved. SO ORDERED. (Signed by Judge John G. Koeltl on 5/19/2009) (tve)
May 15, 2009 Opinion or Order Filing 212 LETTER addressed to Judge John G. Koeltl from Chris Dysard dated 11/26/2008 re: On behalf of the Non-Plaintiffs, I write regarding the Court's instruction on scienter under the federal law. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/21/2009 (ml).
May 15, 2009 Opinion or Order Filing 211 LETTER addressed to Judge John G. Koeltl from Chris Dysard dated 12/1/2008 re: On behalf of the Non-AIG Plaintiffs, I write regarding the most recent versions of the Jury Charge and Special Verdict Form. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi)
May 15, 2009 Opinion or Order Filing 210 LETTER addressed to Judge John G. Koeltl from Chris Dysard dated 11/30/2008 re: On behalf of Plaintiffs, I write to request certain clarifications to the Court's special verdict form to reflect the fact that two Plaintiffs, AIG Life and Travelers, purchased both 1998-1 and 1998-2 securities. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/21/2009 (ml).
May 15, 2009 Opinion or Order Filing 209 LETTER addressed to Judge John G. Koeltl from David Spears dated 11/26/2008 re: On behalf of Plaintiff Societe Generale, I write to oppose Defendant's request for a jury instruction on whether Defendant "intended or reasonably expected" its representations to be "repeated" or "relied upon" in connection with SocGen's purchase of the 1998-2 Certificates. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/21/2009 (ml).
May 15, 2009 Opinion or Order Filing 208 LETTER addressed to Judge John G. Koeltl from Chris Dysard dated 11/23/2008 re: On behalf of the non-AIG Plaintiffs, I attach the Non-AIG Plaintiff's proposed jury verdict form. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/21/2009 (ml).
May 15, 2009 Opinion or Order Filing 207 LETTER addressed to Judge John G. Koeltl from Chris Dysard dated 11/22/2008 re: On behalf of the non-AIG Plaintiffs, I write regarding Defendant's Amended Proposed Jury Instructions. We object to Defendant's proposed charge on numerous grounds, but we have especially serious concerns about the proposed instructions relating to loss causation and damages. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi)
May 15, 2009 Opinion or Order Filing 206 LETTER addressed to Judge John G. Koeltl from David Spears dated 11/21/2008 re: We are attaching Plaintiffs' Amended Requests To Charge, which are substantially different from Plaintiffs' Requests To Charge. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi)
May 15, 2009 Opinion or Order Filing 205 LETTER addressed to Judge John G. Koeltl from David Spears dated 11/14/2008 re: I am writing regarding a recurring problem at the trial, which arose most recently yesterday. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi)
May 15, 2009 Opinion or Order Filing 201 LETTER addressed to Judge John G. Koeltl from Jeff Ross dated 11/1/2008 re: I am writing to bring to the Court's attention an important issue relating to testimony elicited from Greg Matthews of AIG on cross-examination on Thursday, October 30.. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/21/2009 (ml).
May 15, 2009 Opinion or Order Filing 200 LETTER addressed to Judge John G. Koeltl from David Spears dated 9/5/2008 re: We represent the non-AIG Plaintiffs in this action. The parties submitted a Joint Pertrial Order to the Court today. As the section titled "Summary of the Claims and Defenses of the Parties to Be Tried" makes clear, Plaintiffs and defendants Banc of America Securites LLC have a disagreement about the scope of Plaintiffs' claims of fraud. Because of the importance of this issue to trial preparation and the trial itself, we are writing now to address that disagreement. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi)
May 15, 2009 Opinion or Order Filing 199 LETTER addressed to Judge John G. Koeltl from David Spears dated 4/3/2009 re: I write on behalf of the non-AIG Plaintiffs to respond to the questions the Court posed to the counsel last Friday during oral argument on BAS's post-judgment motion and to address one additional issue that arose during the hearing. Counsel for the AIG Plaintiffs joins in this letter. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/20/2009 (jmi).
May 15, 2009 Opinion or Order Filing 198 ENDORSED LETTER addressed to Judge John G. Koeltl from Chris Dysard dated 5/13/2009 re: Requesting that the Court direct the Clerk to docket the following prior letter submissions to the Court, as set forth herein. ENDORSEMENT: Application granted. The defendants may similarly submit any letter for docketing. So ordered. (Signed by Judge John G. Koeltl on 5/14/2009) (jpo)
May 14, 2009 Opinion or Order Filing 202 LETTER addressed to Judge John G. Koeltl from David Spears dated 11/14/2008 re: I write in response to Mr. Davis's November 14 letter regarding Defendant's requestion that the Court reconsider its ruling on OCtober 22, 2008 denying BAS's motion in limine concerning the opinions of Plaintiffs' causation and damages expert, Henry Owsley. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(jmi) Modified on 5/21/2009 (ml).
May 14, 2009 Opinion or Order Filing 197 OPINION AND ORDER:# 97520 This case was diligently and professionally tried for seven weeks. Ultimately, the jury concluded that the plaintiffs had proven their claims. That conclusion was neither wrong as a matter of law nor does it warrant a new trial. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, they are either moot or without merit. For the reasons explained above, the defendant's motions for judgment as a matter of law pursuant to Rule 50(b) or for a new trial pursuant to Rule 59are denied. The Clerk is directed to close Docket No. 180. SO ORDERED. (Signed by Judge John G. Koeltl on 5/14/09) (js) Modified on 5/19/2009 (jab).
May 12, 2009 Opinion or Order Filing 196 TRANSCRIPT of proceedings held on 3/27/09 before Judge John G. Koeltl. (ldi)
April 14, 2009 Opinion or Order Filing 195 MOTION for Judgment as a Matter of Law. Document filed by Banc of America Securities, LLC.(tro)
April 3, 2009 Opinion or Order Filing 257 LETTER addressed to Judge John G. Koeltl from D. Davis dated 4/3/2009 (mbe)
March 31, 2009 Opinion or Order Filing 194 TRANSCRIPT of proceedings held on 3/27/09 before Judge John G. Koeltl. (tro)
March 13, 2009 Opinion or Order Filing 193 DECLARATION of Richard T. Marooney in Support re: 180 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by Banc of America Securities, LLC. (jmi)
March 13, 2009 Opinion or Order Filing 192 REPLY MEMORANDUM OF LAW in Support re: 180 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Banc of America Securities, LLC. (jmi)
March 6, 2009 Opinion or Order Filing 189 ENDORSED LETTER addressed to Judge John G. Koeltl from William O. Hutchinson dated 3/5/09 re: Defendant Banc of America Securities, LLC requests that the Court grant BAS an additional five pages (fifteen pages in total) for its reply brief in support of its motion for judgment as a matter of law or for new trial. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 3/5/09) (tro)
March 5, 2009 Opinion or Order Filing 190 NOTICE OF CHANGE OF FIRM OF RECORD by Jeff I. Ross on behalf of AIG Global Lending Corp. New Address: Ross & Orenstein LLC, 100 South Fifth Street, Suite 1200, Minneapolis, MN, 55402, 612-436-9800. (djc)
February 27, 2009 Opinion or Order Filing 191 MEMORANDUM OF LAW in Opposition re: 180 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by International Finance Company, The Premier Insurance Company of Massachusetts, Safeco Life Insurance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Trenton Indemnity Company. (db)
February 4, 2009 Opinion or Order Filing 188 ENDORSED LETTER addressed to Judge John G. Koeltl from Jeff Ross dated 1/30/09 re: Counsel writes to advise the Court that they will not submit their application for costs until they receive direction from the Court. ENDORSEMENT: The time for all parties to submit a bill of costs is extended to 30 days after the decision of post judgment motion. (Signed by Judge John G. Koeltl on 2/4/09) (mme)
February 2, 2009 Opinion or Order Filing 187 ENDORSED LETTER addressed to Judge John G. Koeltl from Christopher W. Dysard dated 1/30/2009 re: Requesting the Court's assistance in filing the enclosed bill of costs and supporting documentation. ENDORSEMENT: The time to file any bill of costs is extended until 30 days following the Court's order disposing of all post judgment motions currently filed. SO ORDERED. (Signed by Judge John G. Koeltl on 1/30/2009) (jpo)
January 22, 2009 Opinion or Order Filing 186 ORDER: It is hereby ORDERED that BAS' motion is granted and that the supersedeas bond posted by BAS is approved; and it is further ORDERED that enforcement and execution of the Judgment shall be stayed pending resolution by this Court of BAS' post-judgment motion, and the resolution of any appeal to the United States Court of Appeals for the Second Circuit. (Signed by Judge John G. Koeltl on 1/21/2009) (jfe)
January 22, 2009 Opinion or Order Filing 185 NOTICE OF APPEARANCE by Lawrence Saul Robbins on behalf of Banc of America Securities, LLC. (dle)
January 20, 2009 Opinion or Order Filing 256 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 1/20/2009 (mbe)
January 20, 2009 Opinion or Order Filing 184 DECLARATION of Richard T. Marooney in Support re: 180 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by Banc of America Securities, LLC. (dle)
January 20, 2009 Opinion or Order Filing 183 MEMORANDUM OF LAW in Support re: 182 MOTION to Stay. Document filed by Banc of America Securities, LLC. (dle)
January 20, 2009 Opinion or Order Filing 182 MOTION for an order pursuant to Rule 62 of the FRCP granting a consent stay of enforcement and execution of the judgment entered on 1/6/09. Document filed by Banc of America Securities, LLC.(dle)
January 20, 2009 Opinion or Order Filing 181 MEMORANDUM OF LAW in Support re: 180 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by Banc of America Securities, LLC. (dle)
January 20, 2009 Opinion or Order Filing 180 MOTION for an order granting judgment as a matter of law pursuant to rule 50(b) of the FRCP or in the alternative, granting a new trial pursuant to Rule 59 of the FRCP. Document filed by Banc of America Securities, LLC.(dle) Modified on 1/21/2009 (dle).
January 20, 2009 Opinion or Order Filing 179 SUPERSEDEAS BOND # 08308047 in the amount of $ 147,000,000.00 posted by Banc of America Securities, LLC. (dt)
January 16, 2009 Opinion or Order Filing 178 ENDORSED LETTER: addressed to Judge John G. Koeltl from Chris Dysard dated 1/16/09 re: Counsel for defendant request that the Court set a due date of February 27 for Plaintiffs to respond to the motions. BAS has consented to this schedule, which accomodates a long-scheduled vacation during the week of February 15, when New York City schools take a holiday. ENDORSEMENT: Response due 2/27/09. Reply due 3/13/09. Argument 3/27/09 at 2:30 p.m. So Ordered. ( Replies due by 3/13/2009. Responses due by 2/27/2009) (Signed by Judge John G. Koeltl on 1/16/09) (js)
January 14, 2009 Opinion or Order Filing 177 ENDORSED LETTER addressed to Judge John G. Koeltl from William O. L. Hutchinson dated 1/13/2009 re: Defendant Banc of America Securities LLC respectfully requests that the Court grant BAS an additional ten pages (thirty-five pages in total) for its brief in support of its motion for judgment as a matter of law or for new trial. ENDORSEMENT: Page limits for moving and responsive papers extended to 35 pages. So ordered. (Signed by Judge John G. Koeltl on 1/13/2009) (tve)
January 13, 2009 Opinion or Order Filing 176 TRANSCRIPT of proceedings held on Nov. 12,13,17, 2008 before Judge John G. Koeltl. (ama) Modified on 9/11/2009 (ad).
January 13, 2009 Opinion or Order Filing 175 TRANSCRIPT of proceedings held on October 27,28,29,30, 2008 before Judge John G. Koeltl. (ama)
January 13, 2009 Opinion or Order Filing 174 TRANSCRIPT of proceedings held on November 18,19,20,24,25, 2008 and December 1, 2008 before Judge John G. Koeltl. (ama) Modified on 9/11/2009 (ad).
January 13, 2009 Opinion or Order Filing 173 TRANSCRIPT of proceedings held on December 2,3,4, 2008 before Judge John G. Koeltl. (ama)
January 13, 2009 Opinion or Order Filing 172 TRANSCRIPT of proceedings held on November 3,5,6,10 2008 before Judge John G. Koeltl. (ama) Modified on 9/11/2009 (ad).
January 5, 2009 Opinion or Order Filing 171 JUDGMENT #09,0001 in favor of AIG Global Securities Lending Corp. against Banc of America Securities, LLC in the amount of $ 17,314,131; in favor of AIG Life Insurance Company against Banc of America Securities, LLC in the amount of $ 13,631,197; in favor of Allstate Life Insurance Company against Banc of America Securities, LLC in the amount of $ 27,759,453; in favor of Bank Leumi USA against Banc of America Securities, LLC in the amount of $ 6,593,690; in favor of Bayerische Landesbank, New York Branch against Banc of America Securities, LLC in the amount of $ 19,064,559; in favor of International Finance Company against Banc of America Securities, LLC in the amount of $ 6,817,034; in favor of Societe Generale against Banc of America Securities, LLC in the amount of $ 11,003,854; and in favor of The Travelers Insurance Company against Banc of America Securities, LLC in the amount of $ 41,922,1000. (Signed by Judge John G. Koeltl on 1/5/09) (Attachments: #1 notice of right to appeal)(ml)
December 1, 2008 Opinion or Order Filing 255 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 12/1/2008 (mbe)
December 1, 2008 Opinion or Order Filing 254 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 12/1/2008 (mbe)
December 1, 2008 Opinion or Order Filing 253 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 12/1/2008 (mbe)
December 1, 2008 Opinion or Order Filing 170 ENDORSED LETTER addressed to Judge John G. Koeltl from Richard T. Marooney dated 11/30/2008 re: Requesting a change in the Court's proposed jury charge concerning the selection of a foreperson. ENDORSEMENT: 1. The Court is not inclined to change its practice of leaving Juror No. 1, in this case, Ms. Simpson, to be the foreperson, unless she decides not to serve in that role. She is well able to decide if she prefers not to act as foreperson, and it has happened that Juror No. 1 makes such a decision. 2. Mr. Davis and Mr. Covington are not required to appear for Monday's Conference and the Court is certainly prepared to listen to Mr. Marooney and Mr. Hutchinson on any open issues. Those issues include (a) whether the Court should make the changes requested by Plaintiffs on Special Verdict Form; (b) the appropriate instruction on Societe Generale; and (c) whether the Court should include "knowledge of falsity" as requested by Plaintiffs. SO ORDERED. (Signed by Judge John G. Koeltl on 11/30/2008) (jpo)
November 30, 2008 Opinion or Order Filing 252 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 11/30/2008 (mbe)
November 30, 2008 Opinion or Order Filing 251 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/30/2008 (mbe)
November 26, 2008 Opinion or Order Filing 250 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/26/2008 (mbe)
November 25, 2008 Opinion or Order Filing 249 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 11/25/2008 (mbe)
November 25, 2008 Opinion or Order Filing 169 TRANSCRIPT of proceedings held on 11/05/08 before Judge John G. Koeltl. (ama)
November 24, 2008 Opinion or Order Filing 248 LETTER addressed to Judge John G. Koeltl from C. Dysard dated 11/24/2008 (mbe)
November 24, 2008 Opinion or Order Filing 247 LETTER addressed to Judge John G. Koeltl from D. Spears dated 11/24/2008 (mbe)
November 24, 2008 Opinion or Order Filing 246 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/24/2008 (mbe)
November 23, 2008 Opinion or Order Filing 245 LETTER addressed to Judge John G. Koeltl from D. Davis dated 11/23/2008 (mbe)
November 23, 2008 Opinion or Order Filing 244 LETTER addressed to Judge John G. Koeltl from J. Mogel dated 11/23/2008 (mbe)
November 23, 2008 Opinion or Order Filing 243 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 11/22/2008 (mbe)
November 22, 2008 Opinion or Order Filing 242 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 11/22/2008 (mbe)
November 22, 2008 Opinion or Order Filing 241 LETTER addressed to Judge John G. Koeltl from R. Gullickson dated 11/22/2008 (mbe) .
November 21, 2008 Opinion or Order Filing 168 ENDORSED LETTER addressed to Judge John G. Koeltl from David Spears dated 11/21/08 re: Counsel writes to advise the Court that they believe certain proposed instructions by Defendant are legally incorrect. ENDORSEMENT: Any legal objections to changes by the other parties whether by the plaintiff's or defendants should be submitted in writing by fax by 10:00 a.m., November 22, 2008. The Court will of course listen to objections at the charge conference, but this procedure is useful. (Signed by Judge John G. Koeltl on 11/21/08) (mme)
November 20, 2008 Opinion or Order Filing 266 AMENDED PROPOSED JURY INSTRUCTIONS. Document filed by Banc of America Securities, LLC.(mbe)
November 20, 2008 Opinion or Order Filing 258 DEFENDANT'S PROPOSED JURY VERDICT FORM. (Exhibit C)(mbe) Modified on 9/11/2009 (ad).
November 20, 2008 Opinion or Order Filing 240 LETTER addressed to Judge John G. Koeltl from D. Davis dated 11/20/2008 (mbe).
November 18, 2008 Opinion or Order Filing 261 NOTICE of Motion of Judgment as a Matter of Law. Document filed by Banc of America Securities, LLC. (mbe)
November 18, 2008 Opinion or Order Filing 260 MOTION for Judgment. Document filed by Banc of America Securities, LLC.(mbe)
November 16, 2008 Opinion or Order Filing 239 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/16/2008 (mbe)
November 14, 2008 Opinion or Order Filing 238 LETTER addressed to Judge John G. Koeltl from D. Davis dated 11/14/2008 (mbe)
November 12, 2008 Opinion or Order Filing 237 LETTER addressed to Judge John G. Koeltl from G. Covington dated 11/12/2008 (mbe)
November 12, 2008 Opinion or Order Filing 236 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 11/12/2008 (mbe)
November 11, 2008 Opinion or Order Filing 235 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/11/2008 (mbe)
November 11, 2008 Opinion or Order Filing 234 LETTER addressed to Judge John G. Koeltl from W. Hutchinson dated 11/11/2008 (mbe)
November 10, 2008 Opinion or Order Filing 233 LETTER addressed to Judge John G. Koeltl from L. Albert dated 11/10/2008 (mbe)
November 9, 2008 Opinion or Order Filing 232 LETTER addressed to Judge John G. Koeltl from L. Albert dated 11/9/2009 (mbe)
November 5, 2008 Opinion or Order Filing 167 TRANSCRIPT of proceedings held on October 22, 2008 3:05p.m. before Judge John G. Koeltl. (mro)
November 3, 2008 Opinion or Order Filing 231 LETTER addressed to Judge John G. Koeltl from D. Dysard dated 11/3/2008 (mbe) Modified on 9/11/2009 (ad).
November 3, 2008 Opinion or Order Filing 230 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/3/2008 (mbe)
November 2, 2008 Opinion or Order Filing 229 LETTER addressed to Judge John G. Koeltl from D. Davis dated 11/2/2008 (mbe)
November 2, 2008 Opinion or Order Filing 228 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 11/2/2008 (mbe)
October 31, 2008 Opinion or Order Filing 227 LETTER addressed to Judge John G. Koeltl from David Spears dated 10/31/2008 (mbe)
October 31, 2008 Opinion or Order Filing 226 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 10/30/2008 (mbe)
October 31, 2008 Opinion or Order Filing 166 ENDORSED LETTER addressed to Judge John G. Koeltl from David Spears dated 10/30/2008 re: Counsel writes to request that the deadline for submitting letter on the rating agency reports be extended to 6:00 pm tomorrow or noon Saturday. ENDORSEMENT: Submissions by all counsel can be made by 4:00 p.m. on Friday, 10/31/08. So ordered. (Signed by Judge John G. Koeltl on 10/30/2008) (tve)
October 30, 2008 Opinion or Order Filing 225 LETTER addressed to Judge John G. Koeltl from Richard T. Marooney dated 10/30/2008 (mbe). Modified on 9/11/2009 (ad).
October 27, 2008 Opinion or Order Filing 265 Exhibit List. Document filed by Banc of America Securities, LLC.(mbe)
October 27, 2008 Opinion or Order Filing 224 LETTER addressed to Judge John G. Koeltl from L. Albert dated 10/27/2008 (mbe)
October 24, 2008 Opinion or Order Filing 263 MOTION Joint Proposed Case Narratives..(mbe) Modified on 9/11/2009 (ad).
October 24, 2008 Opinion or Order Filing 262 Banc of America Securities LLC's Proposed Jury Instructions.(mbe) Modified on 9/11/2009 (ad).
October 24, 2008 Opinion or Order Filing 223 LETTER addressed to Judge John G. Koeltl from L. Albert dated 10/24/2008.
October 24, 2008 Opinion or Order Filing 222 LETTER addressed to Judge John G. Koeltl from L. Albert dated 10/24/2008 .
October 24, 2008 Opinion or Order Filing 165 ORDER; the plaintiffs' motions in limine are denied, the defendant's motion in limine to exclude a document identified as PX176A in discovery is granted, and the defendant's remaining motions in limine are denied. (Signed by Judge John G. Koeltl on 10/23/08) (pl)
October 24, 2008 Opinion or Order Filing 163 ORDER; that having reviewed all of the submissions of the parties and their estimates of the length of trial, and based on the Court's familiarity with the case, the Court establishes the time limits that are set forth in this Order. This trial management plan is adopted in accordance with Fed. R. Civ. P. 16 and in addition to the Court's Rules of Practice, General Rules of Trial Practice, the Local Rules of this Court, and the Federal Rules of Civil Procedure. The Court reserves the right to alter or amend this trial management plan in its discretion. (Signed by Judge John G. Koeltl on 10/23/08) (pl)
October 23, 2008 Opinion or Order Filing 164 ORDER, that 1. Trial is scheduled to begin on October 27, 2008 at 8:45 a.m. 2. The parties shall exchange lists of the current good faith order of the witnesses they intend to call. 3. During trial the parties shall give notice three (3) days in advance of the witnesses to be called and the exhibits to be introduced through each such witness. Objections to the introduction of any exhibit shall be made two (2) days in advance. The offering party shall submit any responses to such objections one (1) day in advance. 4. During trial the parties shall give notice to the Court five (5) days in advance of introducing any deposition testimony. Notice shall consist of a deposition transcript marked with the designated portion of the testimony and any cross-designations and counter-designations, together with a cover letter indicating any objections to any testimonyand any responses to such objections. (Signed by Judge John G. Koeltl on 10/23/08) (pl)
October 23, 2008 Opinion or Order Filing 162 ENDORSED LETTER addressed to Judge John G. Koeltl from George Covington dated 10/23/08 re: Request that the Court instruct all parties to designate a client representative to participate, preferably in person, in the session tomorrow. ENDORSEMENT: The Court agrees. Client representatives should be present in person if possible and otherwise be on the telephone, subject of course to any arrangements the Magistrate Judge may make. (Signed by Judge John G. Koeltl on 10/23/08) (cd)
October 23, 2008 Opinion or Order Filing 161 ORDER: The parties are directed to contact Magistrate Judge Pitman to schedule a settlement conference for Friday, October 24, 2008. (Signed by Judge John G. Koeltl on 10/22/2008) (jfe)
October 22, 2008 Opinion or Order Filing 203 JOINT PRETRIAL ORDER: Procedures to be followed that shall govern the handling of pretrial materials/issues/hearings. Signed by Judge John G. Koeltl. Modified on 9/11/2009 (ad).
October 21, 2008 Opinion or Order Filing 264 PROPOSED VOIR DIRE QUESTIONS. Document filed by Banc of America Securities, LLC.(mbe)
October 21, 2008 Opinion or Order Filing 221 LETTER addressed to Judge John G. Koeltl from R. Marooney dated 10/21/2008.
October 20, 2008 Opinion or Order Filing 160 ORDER: The parties should submit Proposed Voir Dire by October 21, 2008. The parties should submit Requests to Charge by October 24, 2008. (Signed by Judge John G. Koeltl on 10/20/2008) (jpo)
October 17, 2008 Opinion or Order Filing 159 CORRECTED ORDER: The Final Pretrial Conference is scheduled for Wednesday, 10/22/2008 at 03:00 PM before Judge John G. Koeltl. Trial is now scheduled for Monday 10/27/2008 at 09:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 10/17/08) (tro)
October 17, 2008 Opinion or Order Filing 158 ORDER: Final Pretrial Conference set for Wednesday, 10/22/2008 at 03:00 PM before Judge John G. Koeltl. Trial set for Monday, 10/26/2008 at 09:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 10/17/08) (tro)
September 8, 2008 Opinion or Order Filing 220 LETTER addressed to Judge John G. Koeltl from G. Covington dated 9/8/2008 (mbe)
September 5, 2008 Opinion or Order Filing 219 LETTER addressed to Judge John G. Koeltl from J. Ross dated 9/5/2008 Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(mbe)
August 25, 2008 Opinion or Order Filing 155 ENDORSED LETTER addressed to Judge John G. Koeltl from George C. Covington dated 8/22/08 re: Counsel writes to inform the court of the resolution of the Mangan matter but will add that, in light of all that needs to be done to prepare this case for trial, counsel would ask that the court keep the trial ready date as it now stands. ENDORSEMENT: The court will keep the current schedule now that it is set. (Signed by Judge John G. Koeltl on 8/22/08) (mme)
August 19, 2008 Opinion or Order CASHIERS OFFICE REMARK on #153 Order on Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 8/5/08, Receipt Number 659150. (Quintero, Marcos)
August 18, 2008 Opinion or Order Filing 154 TRANSCRIPT of proceedings held on 7/21/08 before Judge John G. Koeltl. (ama)
August 12, 2008 Opinion or Order Filing 153 ORDER granting #152 Motion for Darrick L. McDuffie to Appear Pro Hac Vice. Darrick L. McDuffie shall be admitted to the Bar of the Court pro hac vice as counsel for Defendants Banc of America Securities, LLC. (Signed by Judge John G. Koeltl on 8/8/08) (tro)
August 12, 2008 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #153 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro)
August 5, 2008 Opinion or Order Filing 152 MOTION for Darrick L. McDuffie to Appear Pro Hac Vice. Document filed by Banc of America Securities, LLC.(dle)
August 5, 2008 Opinion or Order Filing 151 NOTICE OF APPEARANCE by Dwight J. Davis on behalf of Banc of America Securities, LLC (dle)
August 5, 2008 Opinion or Order Filing 150 NOTICE OF APPEARANCE by Ann M. Cook on behalf of Banc of America Securities, LLC (dle)
August 5, 2008 Opinion or Order Filing 149 NOTICE OF APPEARANCE by Lisa L. Albert on behalf of Banc of America Securities, LLC (dle)
August 5, 2008 Opinion or Order Filing 148 NOTICE OF APPEARANCE by Richard T. Marooney, Jr on behalf of Banc of America Securities, LLC (dle)
July 29, 2008 Opinion or Order Filing 147 NOTICE OF CHANGE OF FIRM NAME AND ADDRESS by David Spears on behalf of Societe Generale, Certain Funding Limited, The Travelers Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch. New Address: Spears & Imes LLP, 51 Madison Avenue, New York, New York, 10010, (212) 213-6996. (pl)
July 24, 2008 Opinion or Order Filing 146 ENDORSED LETTER addressed to Judge John G. Koeltl from George C. Covington dated 7/23/2008 re: Requesting that the Court consider setting this case on the ready calendar no earlier than late October. ENDORSEMENT: The 48 hour trial ready date is adjourned to October 24, 2008 So Ordered. (Signed by Judge John G. Koeltl on 7/23/2008) (jpo)
July 23, 2008 Opinion or Order Filing 145 TRANSCRIPT of proceedings held on 7/21/08 before Judge John G. Koeltl. (ama)
July 22, 2008 Opinion or Order Filing 144 ORDER: For the reasons stated on the record at the conference held on July 21, 2008, the defendant's motion for summary judgment is granted in part and denied in part, and the plaintiffs' motion for partial summary judgment is denied. The defendant's motion to exclude the expert opinions of Dr. Henry Owsley is denied. The clerk is directed to close docket nos. 96, 97, and 139. The Joint pretrial order is due September 5, 2008. The parties should be ready for trial on 48 hours notice on September 26, 2008. (Signed by Judge John G. Koeltl on 7/21/2008) (jpo)
July 22, 2008 Opinion or Order Set Deadlines/Hearings: Pretrial Order due by 9/5/2008. Ready for Trial by 9/26/2008. (jpo)
July 11, 2008 Opinion or Order Filing 143 ORDER: The parties will each have thirty minutes for oral argument at the hearing to be held on July 21, 2008. The parties should focus on those aspects of their motions that they feel are dispositive. (Signed by Judge John G. Koeltl on 7/10/2008) (jpo)
March 18, 2008 Opinion or Order Filing 142 ENDORSED LETTER addressed to Judge John G. Koeltl from Warren H. Colodner dated 3/10/08 re: Counsel for defendant Banc of America Securities request Your Honor to direct the Court Clerk to file Exhibit 14 under seal consistent with Your Honor's previous order. ENDORSEMENT: The document (Ex. 14) may be filed under seal. However the Court will consider whether the motion should be considered stricken, or a response requested in the context of the motion for summary judgment already pending. So Ordered. (Signed by Judge John G. Koeltl on 3/17/08) (js)
March 7, 2008 Opinion or Order Filing 140 MEMORANDUM OF LAW in Support re: 139 MOTION. Document filed by Banc of America Securities, LLC. (dle)
March 7, 2008 Opinion or Order Filing 139 NOTICE OF MOTION FOR AN ORDER TO EXCLUDE THE EXPERT OPINIONS OF HENRY OWSLEY. Document filed by Banc of America Securities, LLC.(dle)
August 28, 2007 Opinion or Order Filing 138 ENDORSED LETTER addressed to Judge John G. Koeltl from Warren H. Colodner dated 8/28/07 re: Since the records Clerks were unable to locate in the Court's file certain other documents that are also covered by the Order dated 8/21/07: (1) BAS' Response to Plaintiff's Local Rule 56.1 (a) statement Dkt. # 121 ; and (2) the Affidavit of Catherine R. Keenan in Support of BAS' Memorandum of Law in Opposition to Plaintiffs' Motion for Partial Summary Judgment Dkt. # 124 . Counsel requests permission to file courtesy copies of the missing documents under seal and to request that the description of all documents under seal be stricken from the docket entry. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 8/28/07) (tro) Copy of Order forwarded to the Sealed Record Clerk.
August 23, 2007 Opinion or Order Filing 137 ORDER granting 135 Motion to Seal Document. (Signed by Judge John G. Koeltl on 8/23/2007) (jmi)
August 16, 2007 Opinion or Order Filing 136 AFFIDAVIT of Catherine R. Keenan in Support re: 135 MOTION to Seal Document 124 Affidavit in Support, 121 Counter Statement to Rule 56.1, 122 Memorandum of Law in Opposition to Motion, 126 Exhibit. MOTION to Seal Document 124 Affidavit in Support, 121 Counter Statement to Rule 56.1, 122 Memorandum of Law in Opposition to Motion, 126 Exhibit. Document filed by Banc of America Securities, LLC. (tro)
August 16, 2007 Opinion or Order Filing 135 MOTION for an Order, to Seal Certain Documents Filed by Banc of America Securities, LLC in Opposition to Plaintiff's Motion for Partial Summary Judgment re: 124 Affidavit in Support, 121 Counter Statement to Rule 56.1, 122 Memorandum of Law in Opposition to Motion, 126 Exhibit. Document filed by Banc of America Securities, LLC.(tro)
August 16, 2007 Opinion or Order Filing 134 NOTICE of Motion for an Order to seal certain documents filed by Banc of America Securities LLC in Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document filed by Banc of America Securities, LLC. (tro)
August 3, 2007 Opinion or Order Filing 133 AFFIDAVIT of Catherine R. Keenan in Support re: 132 Reply Memorandum of Law in Support of Motion. Document filed by Banc of America Securities, LLC. (jmi)
August 3, 2007 Opinion or Order Filing 132 REPLY MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment. Document filed by Banc of America Securities, LLC. (jmi)
July 24, 2007 Opinion or Order Filing 129 ENDORSED LETTER addressed to Judge John G. Koeltl from George C. Covington dated 7/9/07 re: a request for extension of the response deadline to 7/20/2007. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/13/07) (kco)
July 20, 2007 Opinion or Order Filing 127 Supplemental Exhibits Volume XVII. Document filed by Banc of America Securities, LLC.(dle)
July 20, 2007 Opinion or Order Filing 125 Supplemental Exhibits Volume XVIII. Document filed by Banc of America Securities, LLC.(dle)
July 20, 2007 Opinion or Order Filing 123 AFFIDAVIT of Michelle Heath. Document filed by Banc of America Securities, LLC. (dle)
July 19, 2007 Opinion or Order Filing 128 NOTICE of CHANGE OF FIRM OF RECORD. Accordingly, please remove Kennedy Covington Lobdell & Hickman, LLP. as a firm of record in this matter and replace it with King & Spalding LLP. Document filed by Banc of America Securities, LLC. (pl)
June 21, 2007 Opinion or Order Filing 117 ENDORSED LETTER addressed to Judge John G. Koeltl from Christopher W. Dysard dated 6/20/2007 re: the parties request that the Court issue an Order clarifying that the page limit for Defendant's opposition brief is 40 pages and the page limit for Plaintiffs' opposition brief is 80 pages. Initial Memorandum: Defendant (80 pages), Plaintiffs (40), Opposition Memorandum: Defendant (40), Plaintiffs (80), and Reply Memorandum: Defendant (25), Plaintiffs (20). ENDORSEMENT: Application GRANTED SO ORDERED (Signed by Judge John G. Koeltl on 6/20/2007) (jmi) Modified on 6/26/2007 (Miles, Janeen).
June 19, 2007 Opinion or Order Filing 110 EXHIBITS BAS 126 to BAS 137 Non-Party Transcripts Volume X of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 19, 2007 Opinion or Order Filing 104 EXHIBITS BAS 42 to BAS 66 ALLSTATE Volume IV of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 116 EXHIBITS BAS 172 to BAS 190 Volume XVI of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 115 EXHIBITS BAS 163 to BAS 171 Volume XV of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 114 EXHIBITS BAS 153 to BAS 162 Volume XIV of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 113 EXHIBITS BAS 146 to BAS 152 Volume XIII of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 112 EXHIBITS BAS 144 to BAS 145 COMPLAINTS Volume XII of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 111 EXHIBITS BAS 138 to BAS 143 EXPERT REPORTS Volume X1 of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 109 EXHIBITS BAS 115 to BAS 125 Travelers Insurance Company Volume 1X of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 108 EXHIBITS BAS 96 to BAS 114 Societe Generale Volume VIII of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 107 EXHIBITS BAS 89 to BAS 95 International Finance Corporation Volume VII of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 106 EXHIBITS BAS 80 to BAS 88 Bayerische Landesbank Volume 1 of XVI Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 105 EXHIBITS BAS 67 to BAS 79 Bank Leumi Volume V of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 103 EXHIBITS BAS 17 to BAS 41 AIG Life Volume 111 of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 102 EXHIBITS BAS 10 to BAS 16, AIG Global, Volume II of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 101 EXHIBITS BAS 1 to BAS 9 Offering Memoranda/Rating Agency Reports/Sales Memoranda Volume 1 of XVI. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 100 RULE 56.1 STATEMENT applicable to all plaintiffs in support of its motions for summary judgment. Document filed by Banc of America Securities, LLC. (pl)
June 15, 2007 Opinion or Order Filing 99 AFFIDAVIT of Catherine R. Keenan in Support re: 97 MOTION for Summary Judgment. Document filed by Banc of America Securities, LLC. (pl)
June 15, 2007 Opinion or Order Filing 98 MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment.. Document filed by Banc of America Securities, LLC. (pl)
June 15, 2007 Opinion or Order Filing 97 MOTION; for an order pursuant to Rule 56 of the F.R.C.P. for Summary Judgment. Document filed by Banc of America Securities, LLC.(pl)
June 15, 2007 Opinion or Order Filing 96 MOTION for Partial Summary Judgment. Document filed by International Finance Company, The Premier Insurance Company of Massachusetts, Safeco Life Insurance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company.Responses due by 8/3/2007(jco)
June 15, 2007 Opinion or Order Filing 95 STIPULATED PROTECTIVE ORDER (CONFIDENTIALITY STIPULATION)...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: This stipulation and order is not binding on the Court and Court personnel. The Court reserves the right to amend it at any time. (Signed by Judge John G. Koeltl on 6/15/07) (kco)
May 29, 2007 Opinion or Order Received returned mail re: 90 Endorsed Letter, Set Deadlines. Mail was addressed to David Spears of Richards Ribbe & Orbe LLP(Washinton, DC) at 1775 Eye Street,NW, Washington, D.C. 20006 and was returned for the following reason(s): temporarily away. (tve)
May 23, 2007 Opinion or Order Set/Reset Deadlines: Motions due by 6/15/2007. Replies due by 8/3/2007. Responses due by 7/16/2007 (db)
May 23, 2007 Opinion or Order Filing 91 ORDER: the parties shall submit their motions for summary judgment by 6/15/07; responses due 7/16/07 (defendant's, up to 80 pages; plaintiff's, up to 40 pages); replies due 8/3/07 (defendant's, up to 25 pages; plaintiff's, up to 20 pages). (Signed by Judge John G. Koeltl on 5/15/07) (db)
May 9, 2007 Opinion or Order Filing 90 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from George C. Covington dated 5/7/2007 re: to BAS requests that the Court extend the dispositive motion deadline twenty days to June 15, 2007.Motions due by 6/15/2007. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Henry B. Pitman on 5/8/2007) (jmi)
March 22, 2007 Opinion or Order Filing 89 ORDER in the absence of an agreement among counsel to the contrary, the depositions of the expert witness shall be conducted on the on the following dates: (a) Owaley shall be deposed on April 19 or 20, 2007; (b) Dragelin shall be deposed on April 23 or 24, 2007, and (c) Carron shall be deposed on April 26 or 27, 2007. Unless Judge Koeltl sets a different schedule, dispositive motions shall be served no later than May 25, 2007. SO ORDERED. (Signed by Judge Henry B. Pitman on 3/21/2007) (jmi)
February 23, 2007 Opinion or Order Filing 88 ENDORSED LETTER addressed to Judge Henry B. Pitman from George C. Covington dated 1/24/07 re: Counsel writes to request that the Court extend the deadline for dispositive motions to 5/18/07. Application granted. So Ordered. (Signed by Judge Henry B. Pitman on 2/21/07) (jco)
January 9, 2007 Opinion or Order Filing 87 ORDER that Banc of America Securities LLC's application for an order compelling AIG Global Securities Lending Corp. to produce Cheryl McDermott for deposition is denied without prejudice to renewal; no later than 1/22/07, AIG shall produce affidavits or declarations under penalty of perjury addressing issues as further set forth in this order (Signed by Judge Henry B. Pitman on 1/5/07) (dle, )
December 7, 2006 Opinion or Order Filing 86 ORDER: no later than 12/18/06, AIG shall produce those documents, if any, concerning its investments in Helig Meyer's securities as further set forth. Deadlines for the completion of plaintiff's Rule 26(a)(2) disclosures and defendants Rule 26(a)(2) disclosures and expert depositions are both extended by 21 days. The depositions of Ilya Goncharov, Oliver Melennec and De Doan-Tran may be conducted after the current fact discovery deadline expires, but shall be completed no later than 1/21/07. (Signed by Judge Henry B. Pitman on 12/4/06) Copies Mailed by Chambers.(db, )
November 22, 2006 Opinion or Order Filing 85 ORDER no party in this action, either directly or through counsel or other agent, shall discuss, either orally or in writing, any issue relating to the subject matter of this action with Paul Jablansky without counsel for all parties being given the opportunity to attend such discussion. This Order is without prejudice to an application from any party for modification if such relief is warranted by further developments in this action. So Ordered. (Signed by Judge Henry B. Pitman on 11/21/06) (jco, )
October 20, 2006 Opinion or Order Filing 84 ORDER: To the extent that plaintiffs still have questions concerning the completeness of the documents produced by Moody's Investors Services, Inc. in response to plaintiffs' subpoena, plaintiffs' counsel is directed to submit those questions to Moody's counsel in writing, and Moody's counsel is directed to respond with reasonable promptness. The parties' application for an order directing Moody's to provide an index of the documents being withheld pursuant to Section 1(B) of the 9/26/2006 letter agreement that Moody's claims are privileged is GRANTED... (Signed by Magistrate Judge Henry B. Pitman on 10/20/2006) Copies Mailed By Chambers.(lb, )
October 5, 2006 Opinion or Order Filing 83 STIPULATION AND ORDER OF WITHDRAWL OF COUNSEL; the law firm of Richards Kibbe & Orbe LLP will withdraw as attorneys of record for the plaintiffs. The law firm of Spears & Imes LLP shall continue as counsel of record. (Signed by Judge Henry B. Pitman on 10/4/06) (kco, )
October 3, 2006 Opinion or Order Filing 82 ORDER; plaintiff's motion seeking issuance of a subpoena pursuant to 28 USC 1783 is hereby GRANTED. The Court finds that the estimated travel and attendance expenses will be $2700 and this amount shall be tendered to the witness. (Signed by Judge Henry B. Pitman on 10/2/06) (kco, )
September 13, 2006 Opinion or Order Filing 81 MEMORANDUM OF LAW in Support re: 80 MOTION seeking issuance of subpoena pursuant to 28 U.S.C. 1783. Document filed by International Finance Company, Societe Generale, The Travelers Indemnity Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch. (jco, )
September 13, 2006 Opinion or Order Filing 80 MOTION seeking issuance of subpoena pursuant to 28 U.S.C. 1783. Document filed by International Finance Company, Societe Generale, The Travelers Indemnity Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch. (jco, )
September 11, 2006 Opinion or Order Filing 79 ORDER granting 69 Motion for Randy G. Gullickson to Appear Pro Hac Vice . (Signed by Judge John G. Koeltl on 9/6/06) (jco, )
August 29, 2006 Opinion or Order Filing 78 NOTICE OF CHANGE OF ADDRESS by David Spears on behalf of International Finance Company, Societe Generale, The Travelers Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank. New Address: Spears & Imes, L.L.P., 51 Madison Avenue, New York, New York, 10010, (212) 213-0849. (dle, )
August 17, 2006 Opinion or Order Filing 77 ORDER: It is hereby ordered that remaining discovery in this action shall proceed in the following manner: fact discovery due 12/14/06, parties will report to Hon. John G. Koeltl whether they consent to trial before this Court. Plaintiffs designation of experts and production of expert reports due 1/4/07, Deadline for completion of expert discovery is 3/9/07. Deadline for parties to file dispositive motions is 4/6/07. ENDORSEMENT: I am fully aware of the nature and history of the case, but the matter is now approaching its fifth anniversary. In the absence that effects one of the principal participants, there will be no further extensions. (Signed by Judge Henry B. Pitman on 8/16/06) (js, )
May 2, 2006 Opinion or Order Filing 76 LETTER addressed to Magistrate Judge Henry B. Pitman from Neil Binder dated 3/29/06 re: supplemental briefing the court requested. Document filed by The Premier Insurance Company of Massachusetts, Societe Generale, The Travelers Indemnity Company, The Travelers Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company.(dle, )
May 2, 2006 Opinion or Order Filing 75 LETTER addressed to Magistrate Judge Henry B. Pitman from George Covington dated 3/29/06 re: response to court's 3/15/06 order. Document filed by Banc of America Securities, LLC.(dle, )
May 2, 2006 Opinion or Order Filing 74 LETTER addressed to Magistrate Judge Henry B. Pitman from Jeff Ross dated 3/29/06 re: discovery disputes. Document filed by AIG Global Lending Corp., AIG Life Insurance Company.(dle, )
May 2, 2006 Opinion or Order Filing 73 MEMORANDUM OPINION AND ORDER #93063; re: for all the foregoing reasons, defendants' application to compel production of (1) documents concerning all of plaintiffs' prior investments in Heilig-Meyers; (2) information relating to Heilig-Mayers known by or available to any of plaintiffs' employees from 1996 through 2001; and (3) documents concerning plaintiffs' investments in asset backed securities issued by retailers other than Heilig-Meyers, is denied to the extent that BA seeks documents or information that was not prepared by or sent to the individuals who decided to purchase the securities that are the subject matter of this action. It is my understanding that plaintiffs are voluntarily producing documents and information prepared by or sent to the individuals who participated in the transactions that form the bases for this action (Signed by Judge Henry B. Pitman on 93063) (sac, )
March 17, 2006 Opinion or Order Filing 72 CASE MANAGEMENT PLAN: Amended Pleadings due by 7/14/2006. Joinder of Parties due by 7/14/2006. Expert Discovery due by 12/22/2006. No further extensions except for good cause shown by affidavit. So Ordered. (Signed by Judge Henry B. Pitman on 3/15/06) (jco, )
March 17, 2006 Opinion or Order Filing 71 ORDER all parties shall submit letter briefs no later than 3/29/06 addressing the issue of whether the corporate parties are chargeable with knowledge of facts known to corporate employees other than the "decision makers" involved in the transactions in issue. Plaintiff's application for a protective order with respect to defendants' Rule 30 (b)(6) notice of deposition is denied. Plaintiffs' application for a protective order with respect to their settlement with First Union is granted except that plaintiffs shall disclose to defendants the sums paid to each of the plaintiffs who remain as parties in this matter. So Ordered. (Signed by Judge Henry B. Pitman on 3/15/06) "Copies Mailed By Chambers"(jco, )
March 2, 2006 Opinion or Order Filing 70 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for GENERAL PRETRIAL. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge John G. Koeltl on 3/1/2006) (kco, )
February 14, 2006 Opinion or Order Filing 69 MOTION (FILED ON SERVICE DATE) for Randy G. Gullickson to Appear Pro Hac Vice. Document filed by AIG Global Lending Corp., AIG Life Insurance Company. Return Date set for 2/21/2006 10:00 AM. (lb, )
November 1, 2005 Opinion or Order Filing 68 ORDER granting 67 Motion for William O.L. Hutchinson to Appear Pro Hac Vice . ENDORSEMENT: Application Granted So Ordered. (Signed by Judge John G. Koeltl on 10/28/2005) (jmi, )
October 27, 2005 Opinion or Order Filing 67 MOTION (FILED ON SERVICE DATE) for William O.L. Hutchinson to Appear Pro Hac Vice. Document filed by Banc of America Securities, LLC. (cd, )
October 17, 2005 Opinion or Order Filing 66 CASE MANAGEMENT PLAN: Responses due by 12/2/2005 Produce Documents due by 12/19/2005. Deposition due by 1/17/2006. Amended Pleadings due by 3/31/2006. Joinder of Parties due by 3/31/2006. Discovery due by 5/19/2006. Plaintiffs' Designation of experts and Production of Expert Report due by 6/2/2006. Defendant's Designation of experts and Production of Expert Report due by 7/7/2006. Completion of Expert Discovery due by 8/31/2006. (Signed by Judge John G. Koeltl on 10/17/2005) (jmi, ) .
October 14, 2005 Opinion or Order Filing 65 AFFIDAVIT OF SERVICE of answer to plaintiff's amended complaint served on Firm of Richards Spears Kibbe & Orbe LLP on 10/12/05. Service was accepted by Michael A. Schneider. Document filed by Banc of America Securities, LLC. (djc, )
October 12, 2005 Opinion or Order Filing 64 ANSWER to Amended Complaint. Document filed by Banc of America Securities, LLC. Related document: 25 Amended Complaint, filed by AIG Life Insurance Company,, The Travelers Insurance Company,, Societe Generale,, New York Branch,, The Travelers Indemnity Company,, Bank Leumi USA,, Bayerische Landesbank,, AIG Global Lending Corp.,, Allstate Life Insurance Company,, First Floridian Automobile and Home Insurance Comany,, First Trenton Indemnity Company,, Halifax PLC,, International Finance Company,, The Premier Insurance Company of Massachusetts,, Safeco Life Insurance Company,, Certain Funding Limited,.(dle, )
September 26, 2005 Opinion or Order Filing 63 MEMORANDUM AND OPINION; 92184 the remaining arguments of the parties are either moot or without merit. re: granting in part denied in part 27 Motion to Dismiss filed by Banc of America Securities, LLC,. (Signed by Judge John G. Koeltl on 9/26/05) (pl, ) Modified on 10/3/2005 (ns, ).
September 14, 2005 Opinion or Order Filing 62 STIPULATION DISMISSING ACTION BY HALIFAX PLC AS AGAINST DEFENDANT BANC OF AMERICA SECURITIES LLC: The claims asserted by Halifax PLC as against defendant Banc of America Securities LLC are hereby dismissed with prejudice, each party to bear its own costs. (Signed by Judge John G. Koeltl on 9/13/2005) (lb, )
July 25, 2005 Opinion or Order Filing 61 REPLY to re: 59 Memorandum of Law in Oppisition to Motion. Document filed by Banc of America Securities, LLC. (tb, )
July 25, 2005 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Warren Colodner to MANUALLY RE-FILE Document Reply to Response to Motion, Document No. 60. This case is not ECF. (gf, )
June 16, 2005 Opinion or Order Filing 60 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - REPLY to Response to Motion re: 27 Motion to Dismiss. Document filed by Banc of America Securities, LLC. (Colodner, Warren) Modified on 7/25/2005 (gf, ).
June 10, 2005 Opinion or Order Filing 59 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 27 Motion to Dismiss. Document filed by AIG Global Lending Corp., AIG Life Insurance Company. (ae, )
June 8, 2005 Opinion or Order Filing 58 ENDORSED LETTER addressed to Judge John G. Koeltl from David Parker dated 6/7/05 re: requesting leave to file a short further supplemental submission regarding the decisions in In re: Worldcom Securities Litigation. Application granted. (Signed by Judge John G. Koeltl on 6/7/05) (kw, )
April 15, 2005 Opinion or Order Filing 57 REPLY of Banc of America Securities to Plaintiffs' Supplemental Brief:. Document filed by Banc of America Securities, LLC. (mde, )
April 15, 2005 Opinion or Order Filing 56 REPLY of Plaintiffs' to the Supplemental Memorandum of Law of Defendant Banc of America LLC In Further Support of Its Motion To Dismiss The Amended Complaint. Document filed by International Finance Company, The Premier Insurance Company of Massachusetts, Safeco Life Insurance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company, Halifax PLC. (mde, )
April 1, 2005 Opinion or Order Filing 55 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 27 Motion to Dismiss. Document filed by International Finance Company, The Premier Insurance Company of Massachusetts, Safeco Life Insurance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company, Halifax PLC. (jp, )
April 1, 2005 Opinion or Order Filing 54 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 27 Motion to Dismiss. Document filed by Banc of America Securities, LLC. (jp, )
March 17, 2005 Opinion or Order Filing 53 STIPULATION AND ORDER OF DISMISSAL; that this action that they have, in good faith, and without admission of fault or liability by any party, agreed to settle and release all claims asserted by Plaintiffs against FUS; pursuant to settlement, and simultaneously with the admission of a motion by FUS ; the parties hereby jointly stipulate that this action shall be dismissed against dft. FUS with prejudice, each party to bear its own costs. (Signed by Judge John G. Koeltl on 3/11/05) (pl, )
March 17, 2005 Opinion or Order Filing 52 ORDER; the motions to dismiss filed by First Union Securities, LLC, listed as Docket No. 26 in No. 01cv11448 (JGK) and Docket No. 27 in No. 02cv3788 (JGK), are denied without prejudice as moot. (Signed by Judge John G. Koeltl on 3/11/05) (pl, )
March 17, 2005 Opinion or Order Filing 51 ORDER; re: pending motion to dismiss by Banc of America Securities, LLC; supplemental breifing due by 4/1/05; any replies shall be submitted by 4/15/05. (Signed by Judge John G. Koeltl on 3/11/05) (pl, )
February 7, 2005 Opinion or Order Filing 49 STIPULATION AND ORDER OF DISMISSAL with prejudice and with each party to bear its own costs.... (Signed by Judge John G. Koeltl on 2/3/05) (jf, )
January 28, 2005 Opinion or Order Filing 50 CONSENT BAR ORDER; that to the fullest extent permitted by 15 U.S.C. section 78u-4(f)(7), all persons are hereby permanently barred, enjoined, and restrained in the manner that is set forth in this Order. (Signed by Judge John G. Koeltl on 1/28/04) (pl, )
January 24, 2005 Opinion or Order Filing 48 MEMORANDUM OF LAW in Support of Entry of Bar Order as Modified by Consent. Document filed by International Finance Company, The Premier Insurance Company of Massachusetts, Safeco Life Insurance Company, Societe Generale, Certain Funding Limited, The Travelers Indemnity Company, The Travelers Insurance Company, AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, New York Branch, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company, Halifax PLC. (djc, )
January 19, 2005 Opinion or Order Filing 47 MEMORANDUM OF LAW in Support re: 42 MOTION for Bar Order pursuant to Settlement Agreement with Plaintiffs. Document filed by Banc of America Securities, LLC. (kkc, )
January 14, 2005 Opinion or Order Filing 46 ENDORSED LETTER addressed to Judge Koeltl from Warren Colodner dated 1/12/05: granting deft Banc of America Securites' request to extend to and including 1/19/05 to make any submission re motion for entry of a bar order purs to its settlement agreement. (Signed by Judge John G. Koeltl on 1/13/05) (cd, )
December 28, 2004 Opinion or Order Filing 45 ENDORSED LETTER addressed to Judge Koeltl from Warren H. Colodner dated 12/23/2004 re: the time for BAS to respond to the motion is extended to 1/5/2005 (Signed by Judge John G. Koeltl on 12/27/2004) (jsa, )
December 28, 2004 Opinion or Order Set Deadlines/Hearings: Responses due by 1/5/2005 (jsa, )
December 16, 2004 Opinion or Order Filing 44 MEMORANDUM OF LAW in Support re: 42 MOTION (FILED ON SERVICE DATE) for Bar Order pursuant to Settlement Agreement with Plaintiffs. Document filed by AIG Global Lending Corp., AIG Life Insurance Company, Allstate Life Insurance Company, Bank Leumi USA, Bayerische Landesbank, Certain Funding Limited, First Floridian Automobile and Home Insurance Comany, First Trenton Indemnity Company, Halifax PLC, International Finance Company, New York Branch, Safeco Life Insurance Company, Societe Generale, The Premier Insurance Company of Massachusetts, The Travelers Indemnity Company, The Travelers Insurance Company. (db, )
December 16, 2004 Opinion or Order Filing 43 MEMORANDUM OF LAW in Support re: 42 MOTION (FILED ON SERVICE DATE) for Bar Order pursuant to Settlement Agreement with Plaintiffs. Document filed by First Union Securities, Inc. (db, )
December 15, 2004 Opinion or Order Filing 42 MOTION (FILED ON SERVICE DATE) for Bar Order pursuant to Settlement Agreement with Plaintiffs. Document filed by First Union Securities, Inc. (db, )
December 8, 2004 Opinion or Order Filing 41 ENDORSED LETTER addressed to Judge John G. Koeltl and Magistrate Judge Henry B. Pitman from David Parker dated 12/6/04 re: counsel for plaintiffs reports that the First Union settlement completely resolves all claims in the third listed action and resolves all claims in the first two listed actions as against the First Union dfts and the remaining parties will report to the court by letter by 12/17/04. Application granted. So Ordered. (Signed by Judge John G. Koeltl on 12/7/04) (dle, )
October 25, 2004 Opinion or Order Filing 40 ENDORSED LETTER addressed to Judges Koeltl and Pitman from David Parker dated 10/15/04 re: suggestion that they report to both of you on 11/5/04. Application granted (Signed by Judge John G. Koeltl on 10/18/04) (yv, )
October 20, 2004 Opinion or Order Filing 39 ENDORSED LETTER addressed to Judge Henry B. Pitman and John G. Koeltl from David Parker dated 10/15/04 re: We suggest that we again report to you both by letter in three weeks on 11/5/04, or sooner if either of you so wishes or if circumstances warrant. If either of you would like more detail or to proceed in a different manner, all parties will of course be guided accordingly. So Ordered. (Signed by Judge Henry B. Pitman on 10/18/04) (dfe, )
September 20, 2004 Opinion or Order Filing 38 ENDORSED LETTER addressed to Judge John G. Koeltl from David Parker dated 9/10/04 re: counsel for plaintiffs request to report to the court in one month on 10/8/04 or sooner. Application granted. (Signed by Judge John G. Koeltl on 9/11/04) (dle, )
August 12, 2004 Opinion or Order Filing 37 ENDORSED LETTER addressed to Judge John G. Koeltl from David Parker dated 8/10/04 re: suggest that we again report to you both by letter in one month on 9/10/04, or sooner if either of you so wishes or if circumstances warrant. So Ordered. A response by 9/10/04 or earlier is sufficient for the Court. Responses due by 9/10/2004 (Signed by Judge John G. Koeltl on 8/11/04) (dfe, )
July 27, 2004 Opinion or Order Filing 36 ORDER; the parties should report to the Court on the status of the cases. (Signed by Judge John G. Koeltl on 7/23/04) (sac, )
March 24, 2004 Opinion or Order Filing 35 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge John G. Koeltl on 3/18/04) (dg, )
March 5, 2004 Opinion or Order Filing 34 ENDORSED LETTER addressed to Judge Koeltl from David Spears dated 3/4/04 re: that the parties prefer to proceed before Magistrate Judge rether then Mr. Peloso as a Special master, this Court will assign the matter to the Magistrate Judge whether before the Magistrate Judge or the Special Master. The discussions are confidential. The parties are entitled to a Magistrate judge for subsequent proceedings different from the Magistrate Judge for settlement. Decision on the motions may take sometime in any event. The parties should advise the Court by 3/12/04 what they have decided to do. It is entirely up to the parties and the Court will not refer the case to the Magistrate Judge or to Mr. Peloso as Special Master unless all parties agree. (Signed by Judge John G. Koeltl on 3/5/04) (tp, )
March 5, 2004 Opinion or Order Filing 33 ORDER, the Court will appoint John Peloso of Morgan Lewis & Bockius in NYC, as a Special Master purs to the FRCP 53(a) soley for the purposes of attempting to determine if a settlement can be reached in these actions, as further set forth in this document. (Signed by Judge John G. Koeltl on 3/5/04) (cd, )
February 19, 2004 Opinion or Order ENDORSED LETTER addressed to Judge Koeltl from David Parker dated 2/17/04 re: amount of time for the argument in these two cases. The parties will have 1 hour for argument. 30 minutes for movants and 30 minutes for plaintiff. (Signed by Judge John G. Koeltl on 2/18/04) Original entry in 02cv3788 document number 36.(yv, )
July 14, 2003 Opinion or Order Filing 30 REPLY by First Union, Inc. Re: [26-1] motion for an order to dismiss plaintiffs' amended complaint (yv)
July 11, 2003 Opinion or Order Filing 32 APPENDIX by Banc of America In re: unpublished authority cited in Doc # 31. (db)
July 11, 2003 Opinion or Order Filing 31 REPLY MEMORANDUM by Banc of America in further support of [27-1] motion for an order to dismiss amended complaint. (db)
June 27, 2003 Opinion or Order Filing 29 MEMORANDUM OF LAW by AIG Global Corp., AIG Life Insurance, Allstate Life Co., Bank Leumi USA, Bayerische, New York Branch, First Floridian, First Trenton Co., Halifax PLC, International Co., The Premier Company, Safeco Life Company, Societe Generale, Certain Funding, The Travelers, The Travelers Co. in opposition to [27-1] motion for an order to dismiss amended complaint, [26-1] motion for an order to dismiss plaintiffs' amended complaint. Received in night deposit box on 6/27/03 at 7:06 p.m. (yv)
June 6, 2003 Opinion or Order Filing 28 MEMORANDUM OF LAW by Banc of America in support of [27-1] motion for an order to dismiss amended complaint. Received in the night deposit box on 6/6/03 at 5:46 p.m. Appendix of unreported decisions attached. (sb) Modified on 06/10/2003
June 6, 2003 Opinion or Order Filing 27 NOTICE OF MOTION (filed on service date) by Banc of America for an order to dismiss amended complaint . No Return Date. Declaration of Christine Button attached. Received in the night deposit box on 6/6/03 at 5:46 p.m. (sb)
June 6, 2003 Opinion or Order Filing 26 NOTICE OF MOTION (filed on service date) by First Union, Inc. for an order to dismiss plaintiffs' amended complaint . No Return Date. Memorandum attached. (sb)
April 30, 2003 Opinion or Order Filing 25 DEMAND for jury trial by AIG Global Corp., AIG Life Insurance, Allstate Life Co., Bank Leumi USA, Bayerische, New York Branch, First Floridian, First Trenton Co., Halifax PLC, International Co., The Premier Company, Safeco Life Company, Societe Generale, Certain Funding, The Travelers, The Travelers Co. . (cd)
March 31, 2003 Opinion or Order Filing 24 MEMORANDUM OPINION # 88280, granting [11-1] motion for an order pursuant to FRCP 12(b) to dismiss the plaintiffs' complaint. Because this is the first dismissal of the plaintiff's complaint, the dismissal is without prejudice. The plaintiff may file an amended complaint within 30 days ( signed by Judge John G. Koeltl ); Document forwarded to Judgment Clerk. (yv)
March 31, 2003 Opinion or Order Terminated document 12-1, 12-2 pursuant to instructions of Judge Koeltl as indicated on the CJRA report. (rag)
November 27, 2002 Opinion or Order Filing 23 Memo endorsed on motion; for Lucinda O. McConathy to appear pro hac vice on behalf of the plaintiffs . ( signed by Judge John G. Koeltl ); Affidavit of David Spears along with Exhibits A and B are attached. FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS CLERK. (tp) Modified on 12/16/2002
November 27, 2002 Opinion or Order CASHIER'S OFFICE REMARK on [22-1] order for Lucinda O. McConathy to appear pro hac vice in the amount of $25.00 paid on 11/27/02 Receipt # 458261. (yv)
November 27, 2002 Opinion or Order Filing 22 ORDER; for Lucinda O. McConathy to appear pro hac vice . ( signed by Judge John G. Koeltl ); Original sent to attorney admissions Clerk. (jco) Modified on 12/03/2002
September 16, 2002 Opinion or Order Filing 21 STIPULATION and ORDER, Kirkpatrick & Lockhart, 599 Lexington Avenue, New York, NY 10022 is substituted in place and instead of Holland & Knight LLP, 195 Broadway, New York, NY 10007 as counsel for defendant Banc of America Securities LLC . ( signed by Judge John G. Koeltl ) (sb)
May 6, 2002 Opinion or Order Filing 20 REPLY MEMORANDUM by Banc of America in support of re: [12-1] motion for an Order dismissing each of the claims alleged in the complaint, [12-2] motion dismissing Counts I and II of the complaint. (Rec. in the night deposit box on 5/6/02). (kw)
May 6, 2002 Opinion or Order Filing 19 REPLY by First Union, Inc. Re: [11-1] motion for an order pursuant to FRCP 12(b) to dismiss the plaintiffs' complaint (djc)
April 15, 2002 Opinion or Order Filing 18 AMENDED RULE 1.9 CERTIFICATE filed by The Travelers Co. . (bai)
April 15, 2002 Opinion or Order Filing 17 MEMORANDUM OF LAW by AIG Global Corp., AIG Life Insurance, Allstate Life Co., Bank Leumi USA, Bayerische, New York Branch, First Floridian, First Trenton Co., Halifax PLC, International Co., The Premier Company, Safeco Life Company, Societe Generale, Certain Funding, The Travelers, The Travelers Co. in opposition to [12-1] motion for an Order dismissing each of the claims alleged in the complaint, [12-2] motion dismissing Counts I and II of the complaint . (bai)
April 8, 2002 Opinion or Order CASHIER'S OFFICE REMARK on [16-1] order in the amount of $50.00 paid on 4/8/02 Receipt # 436024. (tp)
March 20, 2002 Opinion or Order Filing 16 Memo endorsed on (copy) motion; that the Court is granting the [15-1] motion for an Order permitting George C. Covington to appear pro hac vice for deft Banc of America, granting [15-2] motion for an Order permitting Cory Hohnbaum to appear pro hac vice for deft Banc of America. ( signed by Judge John G. Koeltl ); Copies mailed. (tp)
March 20, 2002 Opinion or Order Memo endorsed on motion; granting [15-1] motion for an Order permitting George C. Covington to appear pro hac vice for deft Banc of America; granting [15-2] motion for an Order permitting Cory Hohnbaum to appear pro hac vice for deft Banc of America. ( signed by Judge John G. Koeltl ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn) Modified on 03/21/2002
March 5, 2002 Opinion or Order Filing 14 RULE 1.9 CERTIFICATE filed by Banc of America . (jp)
March 5, 2002 Opinion or Order Filing 13 MEMORANDUM OF LAW by Banc of America in support of [12-1] motion for an Order dismissing each of the claims alleged in the complaint, [12-2] motion dismissing Counts I and II of the complaint. Exhibits attached. (jp)
March 4, 2002 Opinion or Order Filing 15 NOTICE OF MOTION (filed on service date) by Banc of America; for an Order permitting George C. Covington to appear pro hac vice for deft Banc of America , and, for an Order permitting Cory Hohnbaum to appear pro hac vice for deft Banc of America . Return date not indicated. (jp)
March 4, 2002 Opinion or Order Filing 12 NOTICE OF MOTION (filed on service date) by Banc of America; for an Order dismissing each of the claims alleged in the complaint , or, alternatively, dismissing Counts I and II of the complaint . Return date not indicated. (jp)
March 4, 2002 Opinion or Order Filing 11 NOTICE OF MOTION (filed on service date) by First Union, Inc. for an order pursuant to FRCP 12(b) to dismiss the plaintiffs' complaint . Return date not indicated. Memorandum of law in support of motion attached with additional exhibits and appendixes (1-26). (bai)
February 28, 2002 Opinion or Order Filing 10 Memo-Endorsement on letter addressed to Judge Koeltl from Jeffrey E. Livingston, dated 2/20/02; Re: dft. Banc of America Securities request permission to enlarge the page limit with respect to the memorandum that was filed in support of their motion to dismiss the complaint; memorandum in support and in Opposition to motion to dismiss may not exceed 50 pages. Reply memorandum is not to exceed 20 pages . ( signed by Judge John G. Koeltl ); Copies mailed. (pl)
February 28, 2002 Opinion or Order Filing 9 Memo-Endorsement on letter addressed to Judge Koeltl from Richard J. Morvillo, dated 2/15/02, Memo in Support and in Opposition to Motion to Dismiss may not exceed 50 pages. Reply memo may not exceed 20 pages ( signed by Judge John G. Koeltl ); Copies mailed. (cd)
February 20, 2002 Opinion or Order Filing 8 NOTICE OF MOTION (filed on service date) by Banc of America for permission to file a memorandum of law in excess of 25 pages in support of its motion to dismiss the complaint . Return date not indicated. (bai)
February 1, 2002 Opinion or Order Filing 5 RULE 1.9 CERTIFICATE filed by First Union, Inc. . (bai)
January 31, 2002 Opinion or Order Filing 6 STIPULATION and ORDER, reset answer to complaint due for 3/4/02 for First Union, Inc., for Banc of America ; If Defendants move to dismiss, Plaintiffs' opposition papers are to be served and filed on or before 4/15/02, and Defendants' reply papers are to be served and filed on or before 5/6/02 . All motion papers are to be served by hand delivery or overnight courier service to counsel. This stipulation, which modifies the Court's 1/3/02 Order, was agreed upon due to the recent heart attack of Richard J. Morvillo, counsel to Defendant First Union Securities, Inc. ( signed by Judge John G. Koeltl ) (ae) Modified on 02/05/2002
January 31, 2002 Opinion or Order Deadline(s) updated: scheduling order deadlines: Response to motion deadline set for 4/15/02; Reply to response to motion deadline set for 5/6/02 . (ae)
January 15, 2002 Opinion or Order Filing 7 NOTICE OF MOTION (FILED ON SERVICE DATE) by First Union, Inc.; for an Order for permission to exceed the customary page limit in the brief supporting the Rule 12(b)(6) motion to dismiss the complaint that First Union intends to file . No return date set. (kkc)
January 15, 2002 Opinion or Order Filing 4 Memo-Endorsement on letter addressed to Judge Koeltl from David Spears, dated 12/21/01; granting the parties' agreed upon schedule for defts' planned motions to dismiss: Defts' motions to be served by 2/11/02; pltffs' opposition to be served by 3/25/02; and defts' replies to be served by 4/15/02 . ( signed by Judge John G. Koeltl ); Copies mailed. (sn)
January 3, 2002 Opinion or Order Filing 3 AFFIDAVIT OF SERVICE of Summons, Complaint & Rule 1.9 as to First Union, Inc. by Nikki Chapple on 12/17/01 . Answer due on 1/7/02 for First Union, Inc. . (db)
December 13, 2001 Opinion or Order Filing 2 RULE 1.9 CERTIFICATE filed by AIG Global Corp., AIG Life Insurance, Allstate Life Co., Bank Leumi USA, Bayerische, New York Branch, First Floridian, First Trenton Co., Halifax PLC, International Co., The Premier Company, Safeco Life Company, Societe Generale, Certain Funding, The Travelers, The Travelers Co. . (gmo)
December 13, 2001 Opinion or Order Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 425530. (gmo)
December 13, 2001 Opinion or Order Magistrate Judge Henry B. Pitman is so designated. (gmo)

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Search for this case: AIG Global Securities Lending Corp., et al v. Banc of America Securities LLC
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Plaintiff: AIG Global Lending Corp.
Represented By: David Parker
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: Randy G. Gullickson
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Plaintiff: AIG Life Insurance Company
Represented By: David Parker
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: Randy G. Gullickson
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Plaintiff: Allstate Life Insurance Company
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: Bank Leumi USA
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: Bayerische Landesbank
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: New York Branch
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: First Floridian Automobile and Home Insurance Comany
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: First Trenton Indemnity Company
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: Halifax PLC
Represented By: David Spears
Represented By: Lucinda McConathy
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Plaintiff: International Finance Company
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: The Premier Insurance Company of Massachusetts
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: Safeco Life Insurance Company
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: Societe Generale
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: Certain Funding Limited
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: The Travelers Indemnity Company
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Plaintiff: The Travelers Insurance Company
Represented By: Christopher William Dysard
Represented By: David Spears
Represented By: Lucinda McConathy
Represented By: David Parker
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Defendant: Banc of America Securities, LLC
Represented By: Darrick L. McDuffie
Represented By: George C. Covington
Represented By: Warren Herbert Colodner
Represented By: William O.L. Hutchinson
Represented By: Ann M. Cook
Represented By: Dwight J. Davis
Represented By: Lawrence Saul Robbins
Represented By: Lisa L. Albert
Represented By: Richard T. Marooney, Jr
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Defendant: First Union Securities, Inc.
Represented By: Jeffrey F. Robertson
Represented By: Richard John Morvillo
Represented By: Aryeh S. Portnoy
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