New Jersey Carpenters Vacation Fund et al v. HarborView Mortgage Loan Trust 2006-4 et al
| New Jersey Carpenters Vacation Fund |
| HarborView Mortgage Loan Trust 2006-4, HarborView Mortgage Loan Trust 2006-5, HarborView Mortgage Loan Trust 2006-9, The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito, Fitch Ratings, Moody's Investors Service, Inc. and The McGraw-Hill Companies, Inc. |
| 1:2008cv05093 |
| June 3, 2008 |
| US District Court for the Southern District of New York |
| Securities/Commodities Office |
| New York |
| Harold Baer |
| None |
| Federal Question |
| 15:77 Securities Fraud |
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The following documents for this case are available for you to view or download:
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Filing
166
AMENDED OPINION AND ORDER: For the foregoing reasons, the motions to dismiss are GRANTED to the extent that Intervenors' section 12 claims are dismissed, RALI Intervenors' Section 15 claims against the Underwriter Defendants are dismissed, IPERS' s claims related to Harborview offerings 2006-10 and 2007-7 are dismissed, and OCERS's claims related to RALI offering 2006Q06 are dismissed. Having considered Defendants' remaining arguments and found them unavailing, the motio ns to dismiss are otherwise DENIED. The Mississippi Public Employees' Retirement System ("MissPERS") indicated that it would agree to withdraw should the Court grant OCERS's motion to intervene. See 08cv8781 Dkt. No. 109, 1 n.2. OCERS was granted leave to intervene, and although MissPERS did not formally move to withdraw, it is hereby dismissed. The Clerk of the Court is instructed to close the relevant motions (08cv8781 Dkt. No. 126) (08cv5093 Dkt. No. 152). (Signed by Judge Harold Baer on 5/19/2011) (jpo)
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Filing
162
OPINION AND ORDER: For the reasons set forth on this Opinion and Order, the motions to dismiss are GRANTED to the extent that Intervenors' section 12 claims are dismissed, RALI Intervenors' Section 15 claims against the Underwriter Defendan ts are dismissed, IPERS's claims related to Harborview offerings 2006-10 and 2007-7 are dismissed, and OCERS's claims related to RALI offering 2006-Q06 are dismissed. Having considered Defendants' remaining arguments and found them una vailing, the motions to dismiss are otherwise DENIED. The Mississippi Public Employees' Retirement System ("MissPERS") moved for and was granted leave to intervene in the RALI case. However, it is not named in the RALI SAC, has filed n o other pleading, nor responded to the motion to dismiss. These lapses are grounds to dismiss for failure to prosecute, and MissPERS is hereby dismissed. See Lewis v. Rawson, 564 F.3d 569, 576 (2d Cir. 2009). The Clerk of the Court is instructed to close the relevant motion (08cv8781 Dkt. No. 126) (08cv5093 Dkt. No. 152). (Signed by Judge Harold Baer on 4/28/2011) (ab)
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Filing
151
OPINION AND ORDER: Plaintiffs have not met their burden of showing, by a preponderance of the evidence, that all the Rule 23 requirements have been satisfied. Ultimately, the individualized issues presented by the putative class members in both the R ALI and Harborview cases predominate, and class treatment is not superior. The motions for class certification is therefore DENIED. As a result I need not consider whether to appoint Lead Plaintiffs as class representatives, nor whether to appoint Cohen Milstein Sellers & Toll PLLC as class counsel. The Clerk of the Court is instructed close the relevant motions and remove them from my docket. (Signed by Judge Harold Baer on 1/18/2011) (jar)
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Filing
143
OPINION AND ORDER: For the foregoing reasons, the motions to intervene are GRANTED. In view of the reintroduction to the lawsuit of those offerings in which the Intervenors' purchased certificates, the parties are directed to submit a joint prop osed order setting a new deadline for the completion of discovery as well as a deadline for briefing any motion to dismiss the Intervenors' claims that Defendants may wish to bring. Any such motion may be supported by memoranda submitted on a jo int basis by all parties in each case not to exceed five pages for the collective moving parties, five pages for the collective opposing parties, and three pages for any reply, and fully briefed and in Chambers no or before February 14, 2010. Further briefing on the issue of class certification is unnecessary because the Intervenors' claims merely relate to more offerings of the same certificates currently in the lawsuit, and further argumentation on whether class certification would be app ropriate as to those specific offerings would be redundant. The Clerk of the Court is instructed close the relevant motions (08cv8781 Docket Entry Nos. 74; 84; 91; and 98) (08cv5093 Docket Entry Nos. 102 and 116). (Signed by Judge Harold Baer on 12/21/2010) (jpo)
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Filing
81
OPINION AND ORDER: For the foregoing reasons, Plaintiffs' causes of action against the Ratings Agency Defendants are dismissed. Plaintiffs' claims against the RBS Defendants with regard to the offerings they did not purchase are dismissed f or lack of standing. Plaintiffs' claims related to allegations of conflicts of interest between the RBS Defendants and the rating agencies, as well as claims related to allegations of outdated rating models and inadequate credit enhancements, ar e dismissed for failure to state a claim. Plaintiffs' claims related to the disregard of underwriting guidelines may proceed. The Clerk of the Court is instructed close the relevant motions (Docket Nos. 62 and 65) and remove them from my docket. (Signed by Judge Harold Baer on 3/26/2010) (jfe)
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