New Jersey Carpenters Health Fund v. Bear Stearns Mortgage Funding Trust 2006-AR1 et al
| Bear Stearns Mortgage Funding Trust 2006-AR1, Structured Asset Mortgage Investments II, Inc., Jeffrey L. Verschleiser, Michael B. Nierenberg, Jeffrey Mayer, Thomas F. Marano, Joseph T. Jurkowski, Bear Stearns & Co., Inc., JP Morgan Chase, Inc., Bear Stearns Asset Backed Securities I, LLC, EMC Mortgage Corporation, Matthew E. Perkins, Samuel L. Molinaro, Jr., Kim Lutthans, Katherine Garniewski, The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. |
| Pension Trust for Operating Engineers |
| 1:2008cv08093 |
| December 23, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Securities/Commodities |
| 28 U.S.C. ยง 1332 Diversity: Notice of Removal |
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Filing
167
OPINION AND ORDER: Defendants' motion to dismiss the TAC is granted without prejudice insofar as Plaintiffs' claims are premised on the alleged unreliability of the ratings of securities included in the investment pools. Plaintiffs are gran ted leave to file a Fourth Amended Complaint alleging facts sufficient to state a claim or claims based on the securities' ratings, by April 16, 2012. Failure to timely file such an amended pleading may result in dismissal of the ratings-related claims with prejudice and without further advance notice. The motion to dismiss is denied in all other respects. This opinion and order resolves docket entry no. 138. (Signed by Judge Laura Taylor Swain on 3/30/2012) Filed In Associated Cases: 1:08-cv-08093-LTS, 1:09-cv-06172-LTS(ft)
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Filing
89
MEMORANDUM OPINION AND ORDER CONSOLIDATING BEAR STEARNS MORTGAGE PASS-THROUGH CERTIFICATES ACTIONS, APPOINTING CO-LEAD PLAINTIFFS AND APPROVING CO-LEAD COUNSEL.#98395 Accordingly, the Court approves the Co-Lead Counsel proposal and it is hereby order ed that: CASE CONSOLIDATION AND APPOINTMENT OF CO-LEAD PLAINTIFFS 1. Pursuant to Fed. R. Civ. P. 42(a) and the PSLRA, the above-captioned actions are consolidated into Civil Action No. 08 Civ. 8093 (LTS) for all purposes including, but not limited to , discovery, pretrial proceedings and trial. The consolidated action shall be referred to collectively as In re Bear Stearns Mortgage Pass-Through Certificates Litigation, Master File No. 08 Civ. 8093 (LTS)(KNF) (the Bear Stearns Mortgage Pass- Throu gh Certificates Litigation)... APPOINTMENT OF CO-LEAD COUNSEL 1. The Funds and Mississippi PERS choice of lead counsel is approved. Accordingly, the law firms of Bernstein Litowitz Berger & Grossmann LLP (Bernstein Litowitz) and Cohen Milstein are ap pointed Plaintiffs Co Lead Counsel for the consolidated Bear Stearns Mortgage Pass-Through Certificates Litigation... MASTER FILE AND SEPARATE ACTION FILES 1. A Master File is hereby established for the consolidated proceedings in the consolidated Be ar Stearns Mortgage Pass-Through Certificates Litigation. The Master File shall be Civil Action No. 08 Civ. 8093 (LTS)(KNF). The original of this Order shall be docketed by the Clerk of Court in the Master File herein established. 2. The Clerk shall maintain a separate file for each of the consolidated Bear Stearns Mortgage Pass-Through Certificates actions, and filings shall be made therein in accordance with the regular procedures of the Clerk of this Court except as modified by Section C of t his Order. The Clerk shall docket a copy of this Order in each such separate file. Once the Clerk has docketed this Order, counsel of record in each of the consolidated Bear Stearns Mortgage Pass-Through Certificates actions will receive a Notice of Electronic Filing... This Order resolves docket entry nos. 71, 74, 77 in Case No. 08 Civ. 8093 and docket entryno. 21 in Case No. 09 Civ. 6172... and as further set forth. (Signed by Judge Laura Taylor Swain on 12/23/09) Filed In Associated Cases: 1:08-cv-08093-LTS, 1:09-cv-06172-LTS(rjm) Modified on 12/28/2009 (eef).
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