Ellington Credit Fund, Ltd. et al v. Select Porfolio Servicing, Inc. et al
| ECF Special Securities, LLC and Ellington Credit Fund, Ltd. |
| MBIA Insurance Corporation, Alta Real Estate Services, Inc., Select Porfolio Servicing, Inc., Pelatis Insurance Agency Corp., Residential Real Estate Service, Inc., Mountain West Reality Corp. and Manufacturers and Traders Trust Company |
| Ellington Management Group, LLC |
| 1:2008cv02437 |
| March 11, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J Sullivan |
| Stockholders Suits |
| 28 U.S.C. § 1332 bc |
| Both |
Docket Report
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This docket was last retrieved on July 2, 2013. A more recent docket listing may be available from PACER.
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Filing 81
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: It is hereby stipulated and agreed by Plaintiffs, Ellington Credit Fund, Ltd. and ECF Special Securities, LLC, and Defendants, Select Portfolio Servicing, Inc. and Manufacturers and Traders Trust Company, that this action be dismissed in its entirety with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1). Each party shall bear its own costs and attorney's fees. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/02/2013) (ama)
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| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Owen Cyrulnik Document #80 Stipulation of Voluntary Dismissal, was referred to Judge Richard J. Sullivan for approval. (jno) |
| Filing 80 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Manufacturers and Traders Trust Company, Select Porfolio Servicing, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd..(Cyrulnik, Owen) Modified on 7/2/2013 (jno). |
| Filing 79 ANSWER to #72 Amended Complaint. Document filed by Select Porfolio Servicing, Inc..(Froehlich, Joseph) |
| Filing 78 ANSWER to #72 Amended Complaint. Document filed by Manufacturers and Traders Trust Company.(Powers, Marc) |
| Terminate Mediation Case Tracking Deadlines: Mediator Assignment Deadline.Mediator Expertise Request Deadline. (jge) |
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Filing 77
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Deposition due by 11/1/2013. Fact Discovery due by 7/1/2013. All Discovery due by 12/16/2013. Pre-Motion Conference set for 1/7/2014 at 10:30 AM before Judge Richard J. Sullivan. Pretrial Conference set for 1/7/2014 at 10:30 AM before Judge Richard J. Sullivan. Post-Discovery Conference set for 1/7/2014 at 10:30 AM before Judge Richard J. Sullivan. The parties are to contact the Mediation Program by 7/1/2013. Parties have conferred and their present best estimate of the length of trial is 3 weeks, and as further set forth. (Signed by Judge Richard J. Sullivan on 6/25/2012) (rjm)
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Filing 76
MEDIATION REFERRAL ORDER: that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this Court without leave of this Court. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/6/2012. Mediator Expertise Request due by 7/2/2012. (Signed by Judge Richard J. Sullivan on 6/25/2012) (pl)
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| Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 6/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 74 TRANSCRIPT of Proceedings re: MOTION held on 6/5/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2012. Redacted Transcript Deadline set for 7/23/2012. Release of Transcript Restriction set for 9/20/2012.(McGuirk, Kelly) |
| Filing 73 CERTIFICATE OF SERVICE. Manufacturers and Traders Trust Company served on 6/7/2012, answer due 6/28/2012; Select Porfolio Servicing, Inc. served on 6/7/2012, answer due 6/28/2012. Service was made by Mail. Document filed by ECF Special Securities, LLC; Ellington Credit Fund, Ltd.. (Cyrulnik, Owen) |
| Filing 72 SECOND AMENDED COMPLAINT against Manufacturers and Traders Trust Company, Select Porfolio Servicing, Inc. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd.(lmb) |
| Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 6/5/2012 re: #65 MOTION for Leave to File Second Amended Complaint. filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. Oral argument on Plaintiffs' motion to file a second amended complaint held before the Hon. Richard J. Sullivan on 6/5/2012. Counsel present. Court reporter present. The Court granted Plaintiffs' motion to file a second amended complaint for the reasons stated on the record. The parties shall submit a proposed case management plan by 6/25/2012. (djc) |
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Filing 71
ORDER granting #65 Motion for Leave to File Document. For the reasons stated on the record during oral argument held on June 5, 2012, IT IS HEREBY ORDERED that Plaintiffs' motion to file a second amended complaint is granted. The Clerk of the Court is respectfully directed to terminate the motion located at Doc. No. 65. IT IS FURTHER ORDERED that the parties shall submit a joint case management plan by June 25, 2012. (Signed by Judge Richard J. Sullivan on 6/5/2012) (mro)
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| Filing 70 REPLY MEMORANDUM OF LAW in Support re: #65 MOTION for Leave to File Second Amended Complaint.. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd.. (Cyrulnik, Owen) |
| Filing 69 MEMORANDUM OF LAW in Opposition re: #65 MOTION for Leave to File Second Amended Complaint.. Document filed by Select Porfolio Servicing, Inc.. (Froehlich, Joseph) |
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Filing 68
DEFENDANT SELECT PORTFOLIO SERVICING, INC.'S NOTICE OF DISMISSAL OF COUNTERCLAIM AND THIRD-PARTY COMPLAINT WITHOUT PREJUDICE. Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(i) and 41(c), Defendant/Counter-Plaintiff/Third-Party Plaintiff Select Portfolio Servicing, Inc. ("SPS") files this its Notice of Dismissal of Counterclaim and Third-Party Complaint without prejudice, and respectfully shows the Court the following: SPS hereby dismisses without prejudice its breach of contract counterclaim and third-party claim asserted against Plaintiffs/Counter-Defendants Ellington Credit Fund, Ltd. and ECF Special Securities, LLC and Third-Party Defendant Ellington Management Group, LLC (together, "Ellington"). As Ellington has not yet served a responsive pleading to SPS's Original Counterclaim and Third-Party Complaint, such dismissal is proper without a court order. See Fed. R. Civ. P. 41(a)(1)(A)(i) and (c)(1). This dismissal is without prejudice as provided by Federal Rule of Civil Procedure 41(a)(1)(B). (Signed by Judge Richard J. Sullivan on 4/2/2012) (rjm)
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| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Joseph Froehlich Document #64 Notice of Voluntary Dismissal, was referred to Judge Richard J. Sullivan for approval. (dt) |
| Filing 67 DECLARATION of Owen L. Cyrulnik in Support re: #65 MOTION for Leave to File Second Amended Complaint.. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd.. (Attachments: #1 Exhibit A Proposed Second Amended Complaint, #2 Exhibit B First Amended Complaint)(Cyrulnik, Owen) |
| Filing 66 MEMORANDUM OF LAW in Support re: #65 MOTION for Leave to File Second Amended Complaint.. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd.. (Cyrulnik, Owen) |
| Filing 65 MOTION for Leave to File Second Amended Complaint. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd..(Cyrulnik, Owen) |
| Filing 64 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) ECF Special Securities, LLC, Ellington Credit Fund, Ltd., Ellington Management Group, LLC. Document filed by Select Porfolio Servicing, Inc.. (Froehlich, Joseph) Modified on 4/2/2012 (dt). |
| Filing 63 NOTICE OF APPEARANCE by Maria Heifetz on behalf of ECF Special Securities, LLC, Ellington Credit Fund, Ltd., Ellington Management Group, LLC (Heifetz, Maria) |
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Filing 62
ORDER: Oral Argument re motion for leave to file a Second Amended Complaint set for 6/5/2012 at 10:30 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 3/26/2012) (cd)
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| Filing 61 NOTICE OF APPEARANCE by Leanne Marie Wilson on behalf of Ellington Management Group, LLC (Wilson, Leanne) |
| Filing 60 NOTICE OF APPEARANCE by David J. Grais on behalf of Ellington Management Group, LLC (Grais, David) |
| Filing 59 NOTICE OF APPEARANCE by Owen L. Cyrulnik on behalf of Ellington Management Group, LLC (Cyrulnik, Owen) |
| Filing 58 NOTICE OF CHANGE OF ADDRESS by Owen L. Cyrulnik on behalf of All Plaintiffs. New Address: Grais & Ellsworth LLP, 1211 Avenue of the Americas, 32nd Floor, New York, New York, United States 10036, 212-755-0100. (Cyrulnik, Owen) |
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Filing 57
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Owen L. Cyrulnik dated 2/17/12 re: Counsel writes on behalf of all the parties to request the following schedule: SPS shall file an Amended Counterclaim and Third Party Complaint on or before March 30, 2012. Ellington shall answer or otherwise respond to the Amended Counterclaim and Third Party Complaint on or before April 23, 2012. Ellington shall move for leave to file a Second Amended Complaint on or before March 30, 2012. Should Defendants oppose Ellington's motion for leave to file a Second Amended Complaint, Defendants' respective oppositions shall be due on or before April 23, 2012, and Ellington's replies shall be due on or before May 7, 2012. ENDORSEMENT: So ordered. ( Amended Pleadings due by 3/30/2012., Motions due by 3/30/2012., Responses due by 4/23/2012, Replies due by 5/7/2012.) (Signed by Judge Richard J. Sullivan on 2/17/2012) (mro)
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Filing 56
ORDER denying #49 Motion for Reconsideration. As Plaintiffs have not identified any controlling legal or factual issue that the Court failed to consider, the motion for reconsideration is DENIED. IT IS FURTHER ORDERED THAT the parties shall submit a joint letter within 30 days of this Order, attaching a proposed case management plan and scheduling order. A template is available at http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=347. The Clerk of the Court is respectfully directed to terminate the motion located at Doc. No.49. (Signed by Judge Richard J. Sullivan on 2/2/2012) (jfe)
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| Filing 55 CERTIFICATE OF SERVICE of Summons and Counterclaim. Ellington Management Group, LLC served on 1/30/2012, answer due 2/21/2012. Service was accepted by Diane Anderson, Authorized Agent @ National Corporate Research, Ltd.. Document filed by Select Porfolio Servicing, Inc.. (Froehlich, Joseph) |
| Filing 54 COUNTERCLAIM against ECF Special Securities, LLC, Ellington Credit Fund, Ltd..Document filed by Select Porfolio Servicing, Inc..(Froehlich, Joseph) |
| Filing 53 REPLY MEMORANDUM OF LAW in Support re: #49 MOTION for Reconsideration re; #48 Memorandum & Opinion,.. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd.. (Cyrulnik, Owen) |
| Filing 52 RESPONSE to Motion re: #49 MOTION for Reconsideration re; #48 Memorandum & Opinion,.. Document filed by Alta Real Estate Services, Inc., Mountain West Reality Corp., Pelatis Insurance Agency Corp., Residential Real Estate Service, Inc., Select Porfolio Servicing, Inc.. (Froehlich, Joseph) |
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Filing 51
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Joseph Froehlich dated 12/22/2011 re: Counsels jointly request that the Court extend the upcoming deadlines as follows: SPS and M&T shall file their respective responses, if any, to the Motion for Reconsideration on or before 1/6/2012; Plaintiffs shall file a reply to the response(s) to the Motion for Reconsideration, if any, on or before 1/13/2012; SPS and M&T shall file their respective answers to Plaintiffs' First Amended Complaint on or before 20 days after the Court enters its order with respect to the Motion for Reconsideration, The Parties shall confer and submit a joint letter and proposed case management plan and scheduling order on or before 20 days after the Court enters its order with respect to the Motion for Reconsideration. ENDORSEMENT: SO ORDERED. (Responses due by 1/6/2012, Replies due by 1/13/2012.) (Signed by Judge Richard J. Sullivan on 12/22/2011) (ft)
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| Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION for Reconsideration re; #48 Memorandum & Opinion,.. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd.. (Cyrulnik, Owen) |
| Filing 49 MOTION for Reconsideration re; #48 Memorandum & Opinion,. Document filed by ECF Special Securities, LLC, Ellington Credit Fund, Ltd..(Cyrulnik, Owen) |
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Filing 48
OPINION AND ORDER:#101089 For the reasons set forth within, Defendants' motions to dismiss are GRANTED IN PART AND DENIED IN PART. All causes of action in the Complaint are dismissed except for Count One (breach of contract against SPS) and Count Two (breach of contract against M&T), as further set forth on this Opinion. (Signed by Judge Richard J. Sullivan on 12/2/2011) (ab) Modified on 12/7/2011 (jab).
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| Filing 47 NOTICE OF APPEARANCE by Leanne Marie Wilson on behalf of Ellington Credit Fund, Ltd. (Wilson, Leanne) |
| Filing 46 NOTICE OF CHANGE OF ADDRESS by Owen L. Cyrulnik on behalf of Ellington Credit Fund, Ltd.. New Address: Grais & Ellsworth LLP, 40 East 52nd Street, 20th Floor, New York, New York, USA 10022, 212-755-0100. (Cyrulnik, Owen) |
| Filing 45 NOTICE OF APPEARANCE by Owen L. Cyrulnik on behalf of Ellington Credit Fund, Ltd. (Cyrulnik, Owen) |
| Filing 44 NOTICE OF CHANGE OF ADDRESS by Patricia Baron Tomasco on behalf of Ellington Credit Fund, Ltd.. New Address: Munsch Hardt Kopf & Harr, P.C., 401 Congress Avenue, Suite 3050, Austin, Texas, US 78701, 512-391-6100. (Tomasco, Patricia) |
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Filing 43
ORDER OF DISMISSAL WITH PREJUDICE OF PLAINTIFFS' CLAIMS AGAINST DEFENDANT MBIA INSURANCE CORPORATION, that the motion is GRANTED and all of Plaintiffs' claims against Defendant MBIA Insurance Corporation are hereby DISMISSED WITH PREJUDICE. Each party shall bear its own costs in connection with the dismissed claims. (Signed by Judge Richard J. Sullivan on 3/31/10) (cd)
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Filing 42
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #38 Motion for Timothy Conway Shelby to Appear Pro Hac Vice for defendant MBIA Corporation, Inc. (Signed by Judge Richard J. Sullivan on 3/31/10) (cd)
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| Filing 41 CONSENT MOTION to Dismiss Plaintiffs' Claims Against MBIA Insurance Corporation. Document filed by MBIA Insurance Corporation. (Attachments: #1 Text of Proposed Order)(Glasser, Mark) |
| Filing 40 TRANSCRIPT of proceedings held on October 23, 2009 before Judge Richard J. Sullivan. (mro) |
| Filing 39 TRANSCRIPT of proceedings held on October 23, 2009 before Judge Richard J. Sullivan. (mro) |
| CASHIERS OFFICE REMARK on #38 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/21/2009, Receipt Number 704138. (jd) |
| MEMORANDUM TO THE DOCKET CLERK: Oral argument held on 10/23/09 at 3:00 p.m. Court Reporter present. (dle) |
| Filing 38 MOTION for Timothy Conway Shelby to Appear Pro Hac Vice. Document filed by MBIA Insurance Corporation.(mro) |
| Filing 37 NOTICE OF APPEARANCE by Richard Benjamin Harper on behalf of MBIA Insurance Corporation (Harper, Richard) |
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Filing 36
ORDER: The Court is in receipt of Plaintiffs' pre-motion letter dated 9/2/09 and Defendants' response dated 9/18/09. For the purposes of resolving this issue, the Court will treat the Plaintiff's letter as a motion to lift the stay of discovery. Accordingly, Plaintiffs' motion to lift the stay with respect to the called securitizations is DENIED. IT IS FURTHER ORDERED that the Court will hear Oral Argument with regard to Defendants' motion to dismiss on 10/23/2009 at 03:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/23/09) (tro)
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Filing 35
ORDER: IT IS HEREBY ORDERED that Defendants shall submit a letter responding to the Plaintiffs' pre-motion letter no later than September 18, 2009. (Signed by Judge Richard J. Sullivan on 9/14/2009) (jfe)
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Filing 34
ORDER: Defendants shall submit a letter responding to the Plaintiffs' pre-motion letter no later than September 15, 2009. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/10/2009) (tve)
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| Filing 33 NOTICE OF APPEARANCE by David J. Grais on behalf of Ellington Credit Fund, Ltd., ECF Special Securities, LLC (Grais, David) |
| Filing 32 NOTICE OF CHANGE OF ADDRESS by Patricia Baron Tomasco on behalf of all plaintiffs. New Address: Munsch Hardt Kopf & Harr, P.C., 600 Congress Avenue, Suite 2900, Austin, Texas, U.S. 78701, 512-391-6100. (Tomasco, Patricia) |
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Filing 31
ORDER: Accordingly, for the foregoing reasons, Plaintiffs' December 31, 2008 motion is DENIED. The Clerk of the Court is respectfully directed to terminate the motion docketed as document number 23. (Signed by Judge Richard J. Sullivan on 2/3/2009) (jpo) Modified on 2/4/2009 (jpo).
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| Filing 30 AFFIDAVIT of Joseph Arico in Opposition re: #23 MOTION for Reconsideration.. Document filed by Select Porfolio Servicing, Inc.. (Froehlich, Joseph) |
| Filing 29 MEMORANDUM OF LAW in Opposition re: #23 MOTION for Reconsideration.. Document filed by Select Porfolio Servicing, Inc.. (Froehlich, Joseph) |
| Filing 28 RESPONSE in Opposition re: #23 MOTION for Reconsideration. Defendant Manufacturers and Traders Trust Company's Response to Plaintiffs' Motion to Reconsider Order Staying Discovery. Document filed by Manufacturers and Traders Trust Company. (Attachments: #1 Certificate of Service)(Powers, Marc) |
| Filing 27 RESPONSE in Opposition re: #23 MOTION for Reconsideration. re Order Staying Discovery.. Document filed by MBIA Insurance Corporation. (Attachments: #1 Certificate of Service)(Marooney, Richard) |
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Filing 26
ORDER: By Order dated 6/12/08, the Court granted Defendants' request for a stay of discovery during the pendency of its motions to dismiss (Doc. No. 20.) Currently before the Court is Plaintiffs' December 31, 2008 "Motion To Reconsider Order Staying Discovery." (Doc. No. 23.) Accordingly, pursuant to this District's Local Rule 6.3- which requires that motions for reconsideration must be filed "within ten (10) days after the entry of the court's determination of the original motion"- Plaintiffs' motion, as styled, is untimely. Nevertheless, the Court will construe the motion as one to lift the stay of discovery. Accordingly, Defendants' are HEREBY ORDERED to file a response to the motion, which is not to exceed five pages, by 1/23/09. ( Set Deadlines/Hearing as to #23 MOTION for Reconsideration:( Responses due by 1/23/2009). (Signed by Judge Richard J. Sullivan on 1/6/09) (tro)
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| Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION for Reconsideration.. Document filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 24 AFFIDAVIT of Steven Sager in Support re: #23 MOTION for Reconsideration.. Document filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 23 MOTION for Reconsideration. Document filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC.(Tomasco, Patricia) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Patricia Tomasco to RE-FILE Document #22 MOTION for Reconsideration re: #20 Order, Staying Discovery and for Order Requiring Defendant Select Portfolio, Inc. to Preserve All Relevant Evidence Including Certain Electronic Records. ERROR(S): Supporting documents must be filed individually. Use the event type Affidavit in Support found under Replies, Oppositions, Supporting Document. The case number and case title must be included on the document before re-filing. REMINDER: The motion must first be re-filed, then file supporting document and link it to the correctly re-filed motion. (jar) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration re; #20 Order, Staying Discovery and for Order Requiring Defendant Select Portfolio, Inc. to Preserve All Relevant Evidence Including Certain Electronic Records. Document filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC.(Tomasco, Patricia) Modified on 12/30/2008 (jar). |
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #8 Motion for Penn C. Huston to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/20/2008) (jfe)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #21 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) |
| CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: Return to D.J. (ae) |
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Filing 20
ORDER that having carefully reviewed the submissions of the parties, the relevant case law, and the underlying motions to dismiss, the Court, in its discretion, grants Defendants' request for a stay of discovery during the pendency of the motions to dismiss. (Signed by Judge Richard J. Sullivan on 6/11/08) (dle)
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| Filing 19 TRANSCRIPT of proceedings held on 5/09/08 before Judge Richard J. Sullivan. (ama) |
| CASHIERS OFFICE REMARK on #15 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 5/8/08, Receipt Number 650170. (Quintero, Marcos) |
| CASHIERS OFFICE REMARK on #17 Order on Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 5/7/08, Receipt Number 650021. (Quintero, Marcos) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #15 Motion for Mark K. Glasser to Appear Pro Hac Vice. Mark K. Glasser is admitted to practice pro hac vice as counsel for Defendant MBIA Insurance Corporation in the above-captioned case. (Signed by Judge Richard J. Sullivan on 5/13/08) (tro)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #18 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #10 Motion for Stephen W. Lemmon to Appear Pro Hac Vice.Stephen W. Lemmon is admitted to practice pro hac vice as counsel for Plaintiffs in the above-captioned case. (Signed by Judge Richard J. Sullivan on 5/12/08) (tro)
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| CASHIERS OFFICE REMARK on #6 Motion to Appear Pro Hac Vice, #5 Motion to Appear Pro Hac Vice, #7 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 4/30/08, Receipt Number 649440. (Quintero, Marcos) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #17 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
| CASHIERS OFFICE REMARK on #8 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 5/2/08, Receipt Number 649677. (Quintero, Marcos) |
| CASHIERS OFFICE REMARK on #13 Order on Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 5/5/08, Receipt Number 649730. (Quintero, Marcos) |
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Filing 16
ORDER: With Respect to the defendants' motion to stay discovery during pendency of the motion to dismiss, supplemental briefing, in he form of a letter of no more than three pages, is due 5/16/08. No reply is authorized. The parties are reminded that letters to the court are to be submitted directly to chambers; ECF will not accept letter for filing. (Signed by Judge Richard J. Sullivan on 5/9/2008) (tve)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #6 Motion for Thomas G. Yoxall to Appear Pro Hac Vice. Thomas G. Yoxall is admitted to practice pro hac vice as counsel for the SPS Defendants in the above captioned case. (Signed by Judge Richard J. Sullivan on 5/7/08) (tro)
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Filing 13
ORDER ON PRO HAC VICE MOTION granting #9 Motion for Paul S. Francis and Amelia Berg to Appear Pro Hac Vice. The motion of Paul S. Francis and Amelia Berg is GRANTED. The admitted attorneys, are permitted to argue or try this particular case in whole or in part as co-lead counsel or advocates for Defendant Manufacturer and Traders Trust Company. (Signed by Judge Richard J. Sullivan on 5/8/08) (tro)
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #5 Motion for Calvin Don C. Clayton, Jr. to Appear Pro Hac Vice. Calvin Don C. Clayton, Jr. is admitted to practice pro hac vice as counsel for the SPS Defendant in the above captioned case. (Signed by Judge Richard J. Sullivan on 5/7/08) (tro)
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #7 Motion for Benjamin David Lee Foster to Appear Pro Hac Vice. Benjamin David Lee Foster is admitted as counsel for the SPS Defendants in the above captioned case. (Signed by Judge Richard J. Sullivan on 5/7/08) (tro)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #12 Order on Motion to Appear Pro Hac Vice, #14 Order on Motion to Appear Pro Hac Vice, #13 Order on Motion to Appear Pro Hac Vice, #11 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
| Filing 15 MOTION for Mark Glasser to Appear Pro Hac Vice. Document filed by MBIA Insurance Corporation.(dle) |
| Filing 10 MOTION for Stephen Lemmon to Appear Pro Hac Vice. Document filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC.(dle) |
| Filing 9 MOTION for Paul S. Francis and Amelia Berg to Appear Pro Hac Vice. Document filed by Manufacturers and Traders Trust Company.(dle) |
| Filing 8 MOTION for Penn C. Huston to Appear Pro Hac Vice. Document filed by MBIA Insurance Corporation.(jmi) (rw). |
| Filing 5 MOTION for Don C. Clayton to Appear Pro Hac Vice. Document filed by Select Porfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Service, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.(dle) |
| Filing 7 MOTION for Benjamin David Lee Foster to Appear Pro Hac Vice. Document filed by Select Porfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Service, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.(dle) |
| Filing 6 MOTION for Thomas G. Yoxall to Appear Pro Hac Vice. Document filed by Select Porfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Service, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.(dle) |
| Filing 4 NOTICE OF APPEARANCE by Marc Dennis Powers on behalf of Manufacturers and Traders Trust Company (Attachments: #1 Affidavit Certificate Of Service)(Powers, Marc) |
| Filing 3 NOTICE OF APPEARANCE by Joseph Nicholas Froehlich on behalf of Select Porfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Service, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp. (Froehlich, Joseph) |
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Filing 2
ORDER: A Status Conference is set for 5/9/2008 at 11:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan as further set forth in said Order. (Signed by Judge Richard J. Sullivan on 4/1/08) (db)
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| Magistrate Judge Andrew J. Peck is so designated. (jeh) |
| Case Designated ECF. (jeh) |
| Mailed letter to the United States District Court - Western District of Texas acknowledging receipt of their entire file, a certified copy of the transfer order and docket entries. (jeh) |
| Mailed notice with Rules 2 & 3 and ECF Registration Package to the attorney(s) of record. (jeh) |
| Filing 1 CASE TRANSFERRED IN from the United States District Court - Western District of Texas; Case Number: 1:07cv421 (LY). Original file with documents numbered 72, certified copy of transfer order and docket entries received.Document filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC.(jeh) (jeh). (Additional attachment(s) added on 3/25/2008: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7, #8 7, #9 8, #10 9, #11 10, #12 10, #13 11, #14 12, #15 13, #16 14, #17 15, #18 15, #19 15, #20 15, #21 15-5, #22 15-6, #23 15-7, #24 15-8, #25 15-9, #26 15-10, #27 15-11, #28 15-12, #29 15-13, #30 15-14, #31 16-1, #32 16-2, #33 16-3, #34 17, #35 18, #36 19, #37 20, #38 21, #39 22, #40 23, #41 24, #42 25, #43 25, #44 26, #45 27, #46 28, #47 29, #48 29, #49 30, #50 31, #51 32, #52 33, #53 34, #54 35, #55 36, #56 36, #57 37, #58 38, #59 38, #60 39, #61 39, #62 39, #63 39, #64 40, #65 41, #66 42, #67 42, #68 43, #69 44, #70 45, #71 46, #72 47, #73 48, #74 50, #75 52, #76 53, #77 54, #78 55, #79 56, #80 57, #81 58) (jeh). (Additional attachment(s) added on 4/4/2008: #82 59, #83 60, #84 61, #85 62-1, #86 62-2, #87 62-3, #88 62-4, #89 62-5) (jeh). |
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