Securities and Exchange Commission v. Bank of America Corporation
| Securities and Exchange Commission |
| Bank of America Corporation |
| 1:2009cv06829 |
| August 3, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S. Rakoff |
| None |
| 15 U.S.C. ยง 77 Securities Fraud |
| None |
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Filing
96
OPINION AND ORDER that in the exercise of that self-restraint, this Court, while shaking its head, grants the S.E.C.'s motion and approves the proposed Consent Judgment provided that, by no later than this Thursday, 2/25/10, the parties present the Court with a proposed Consent Judgment that includes the revised provisions to which they have consented, as set forth herein. (Signed by Judge Jed S. Rakoff on 2/22/10) (dle)
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Filing
55
OPINION AND ORDER; #98414 the Court hereby excludes from being introduced into evidence at trial (or on summary judgment) all those portions of the proffered testimony of the parties' experts that relate, directly or indirectly, to media repo rts concerning the year-end bonuses. At first blush, this would appear to eliminate the entirety of Prof. Grundfest's testimony, much of Prof. Hubbard's testimony, and, for that matter, a portion of Prof. Daines's testimony; but the Court will leave it to the parties, in the first instance, to parse this out more precisely. As to the other issues raised in the S.E.C.'s motion, e.g., whether the testimony of certain witnesses is cumulative, the Court reserves decision u ntil at or near the time of trial. The Court likewise gives leave to the parties to raise further issues relating to the testimony of the experts, e.g., methodological issues, after the depositions of the experts are completed. (Signed by Judge Jed S. Rakoff on 1/4/10) (pl) Modified on 1/4/2010 (pl). Modified on 1/5/2010 (ae). Modified on 1/5/2010 (ajc).
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Filing
33
ORDER, yesterday, the parties submitted the attached "Disclosure Stipulation Agreement and Proposed Protective Order".....The Court wishes to make clear, however, that it interprets the proposed Protective Order as simply protecting Bank of America against any claim that the stipulated waiver here attached implicitly effectuates a broader waiver; but the Protective Order in no way precludes any party in this or any other case from challenging on any other ground Bank of America's assertion of attorney-client privilege or work-product protection regarding any information. With this understanding, the Court hereby approves the proposed Protective Order. (Signed by Judge Jed S. Rakoff on 10/14/09) (cd)
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Filing
22
MEMORANDUM ORDER: Finally, the proposed Consent Judgment is inadequate. The injunctive relief, as noted, is pointless. Accordingly, the Court, having hereby disapproved the Consent Judgment, directs the parties to file with the Court, no later than one week from today, a jointly proposed Case Management Plan that will have this case ready to be tried on February 1, 2010. (Signed by Judge Jed S. Rakoff on 9/14/2009) (jfe)
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| Plaintiff: Securities and Exchange Commission | |
| Represented By: | David Rosenfeld |
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| Defendant: Bank of America Corporation | |
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