Pennsylvania Public School Employees' Retirement System v. Bank of America Corporation et al
| Pipefitters Local No. 636 Defined Benefit Plan |
| Bank of America Corporation, William P. Boardman, Frank Paul Bramble, Sr, Cantor Fitzgerald & Co., Virgis William Colbert, Neil Cotty, Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Charles K. Gifford, Jr., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Charles Otis Holliday, Jr., ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Monica C. Lozano, Macquarie Capital (USA) Inc., Thomas John May, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, Brian T. Moynihan, National Australia Bank Limited, Charles H. Noski, Pricewaterhousecoopers LLP, RBS Securities Inc., Thomas Michael Ryan, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Robert W. Scully, Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UniCredit Capital Markets, Inc. and Wells Fargo Securities, LLC. |
| Sjunde Ap-Fonden, Arkansas Teacher Retirement System, KBC Asset Management NV, Local 338 Funds, Forsta AP-Fonden and Pennsylvania Public School Employees' Retirement System |
| Anchorage Police & Fire Retirement System and Patricia Grossberg Living Trust |
| Countrywide Financial Corporation, Kenneth D Lewis and Joseph L. Price |
| Gaia Holdings Ltd. |
| Merrill Lynch Pierce Fenner & Smith Incorporated, UBS Securities LLC, SG Americas Securities LLC and Board of Governors of the Federal Reserve System |
| Comptroller of the Currency, OCC, US Treasury Dept. and Federal Deposit Insurance Corporation, in its Corporate capacity |
| 1:2011cv00733 |
| February 2, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H Pauley |
| Lorna G Schofield |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
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NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge William H. Pauley, III is no longer assigned to the case. (laq)
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Filing 409
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF APPEARANCE: re: #408 Notice (Other) filed by Joseph L. Price. ENDORSEMENT: Application Granted. SO ORDERED., Attorney David M. Locher terminated. (Signed by Judge William H. Pauley, III on 7/23/2019) (ama)
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Filing 408
NOTICE of Withdrawal of Appearance. Document filed by Joseph L. Price. (Locher, David)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #407 Order on Motion to Authorize,,, dated 3/21/2019, from Judge William H. Pauley, III, on 3/25/2019 disbursed to pay Bank of America Securities Settlement $364,037.64 Check No. 01903419 dated 3/25/2019 (cla)
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Filing 407
ORDER GRANTING LEAD PLAINTIFF'S MOTION TO AUTHORIZE DISBURSEMENT OF SETTLEMENT FUNDS TO PAY TAXES DUE granting #405 Motion to Authorize: It is on this 21st day of March, 2019 hereby ORDERED and DECREED that the motion is GRANTED, and the Court hereby directs as follows: 1. C.R.I.S. shall promptly issue a check in the amount of $364,037.64, payable to Bank of America Securities Settlement, and deliver it to Heffler, Radetich & Saitta, LLP ("Heffler"), 1515 Market Street, Suite 1700, Philadelphia, PA 19102, Attention Edward J. Radetich, Jr. for deposit with Santander Bank, a qualified depository of federal funds. 2. Heffler is hereby authorized to deposit the aforesaid funds and to make the appropriate tax filings on behalf of the Settlement Fund. (Signed by Judge William H. Pauley, III on 3/21/2019) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Filing 406
DECLARATION of Edward J. Radetich, Jr. in Support re: #405 MOTION to Authorize Disbursement of Settlement Funds to Pay Taxes Due .. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 405
MOTION to Authorize Disbursement of Settlement Funds to Pay Taxes Due . Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Text of Proposed Order)(Rosen, Mark)
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Filing 404
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated February 8, 2019 re: Distribution of Settlement Proceeds. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 403
MEMORANDUM & ORDER denying #393 Motion to Intervene: For the foregoing reasons, Gaias motion to intervene is denied as moot and its motion to extend its time to file a notice of appeal is denied. The claims administrator is directed to distribute settlement funds for the approved timely claims forthwith, consistent with this Courts November 9, 2018 Order. The Clerk of Court is directed to terminate the motion pending at ECF No. 393. (Signed by Judge William H. Pauley, III on 1/24/2019) (jwh)
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Filing 402
REPLY MEMORANDUM OF LAW in Support re: #393 MOTION to Intervene and to Extend Time to File Notice of Appeal. . Document filed by Gaia Holdings Ltd.. (Kotwick, Mark)
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Filing 401
RESPONSE in Opposition to Motion re: #393 MOTION to Intervene and to Extend Time to File Notice of Appeal. . Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Declaration of Edward J. Radetich, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Rosen, Mark)
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Filing 400
NOTICE OF APPEARANCE by Paul Benjamin Koepp on behalf of Gaia Holdings Ltd.. (Koepp, Paul)
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Filing 399
NOTICE OF APPEARANCE by Jeffrey Malcolm Dine on behalf of Gaia Holdings Ltd.. (Dine, Jeffrey)
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Filing 398
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gaia Holdings Ltd..(Kotwick, Mark)
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Filing 397
MEMORANDUM OF LAW in Support re: #393 MOTION to Intervene and to Extend Time to File Notice of Appeal. . Document filed by Gaia Holdings Ltd.. (Kotwick, Mark)
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Filing 396
DECLARATION of Philip Haretos in Support re: #393 MOTION to Intervene and to Extend Time to File Notice of Appeal.. Document filed by Gaia Holdings Ltd.. (Attachments: #1 Exhibit Email stream RE: Notice of Rejected Claim)(Kotwick, Mark)
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Filing 395
DECLARATION of Rachel Wall in Support re: #393 MOTION to Intervene and to Extend Time to File Notice of Appeal.. Document filed by Gaia Holdings Ltd.. (Attachments: #1 Exhibit Notification of Rejected Claim)(Kotwick, Mark)
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Filing 394
DECLARATION of Mark D. Kotwick in Support re: #393 MOTION to Intervene and to Extend Time to File Notice of Appeal.. Document filed by Gaia Holdings Ltd.. (Attachments: #1 Exhibit Complaint-In-Intervention)(Kotwick, Mark)
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Filing 393
MOTION to Intervene and to Extend Time to File Notice of Appeal. Document filed by Gaia Holdings Ltd..(Kotwick, Mark)
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Filing 392
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated November 27, 2018 re: Gaia Claim. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #391 Order on Motion for Disbursement of Funds,,, dated 11/9/2018, from Judge William H. Pauley, III, on 11/19/2018 disbursed to pay Barrack, Rodos & Bacine $42,121,073.81 Check No. 01902259 dated 11/19/2018 (cla)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #390 Order on Motion for Disbursement of Funds,,,,, dated 11/9/2018, from Judge William H. Pauley, III, on 11/19/2018 disbursed to pay Heffler Radetich & Sattia LLP $2,206,395.70 Check No. 01902259 dated 11/19/2018 (cla)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #390 Order on Motion for Disbursement of Funds,,,,, dated 11/9/2018, from Judge William H. Pauley, III, on 11/19/2018 disbursed to pay Bank of America Securities Settlement $99,000,000.00 Check No. 01902260 dated 11/19/2018 (cla)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #390 Order on Motion for Disbursement of Funds,,,,, dated 11/9/2018, from Judge William H. Pauley, III, on 11/19/2018 disbursed to pay Bank of America Securities Settlement $36,148,452.88 Check No. 01902253 dated 11/19/2018 (cla)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #390 Order on Motion for Disbursement of Funds,,,,, dated 11/9/2018, from Judge William H. Pauley, III, on 11/19/2018 disbursed to pay Bank of America Securities Settlement $99,000,000.00 Check No. 01902254 dated 11/19/2018 (cla)
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Filing 391
ORDER ON MOTION OF LEAD PLAINTIFF PENNSYLVANIA PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM FOR ORDER DIRECTING THE PAYMENT FROM THE COURT REGISTRY INVESTMENT SYSTEM OF PREVIOUSLY-AWARDED ATTORNEYS' FEES WITH ACCRUED INTEREST granting #387 Motion for Disbursement of Funds: It is hereby Ordered and Decreed that the Court Registry Investment System, which isholding the Settlement Fund in this action, shall promptly issue and deliver a check payable toLead Counsel Barrack, Rodos & Bacine ("Barrack") in the amount of $42,121,073.81 to payBarrack previously-awarded attorneys' fees together with accrued interest from December 30,2016 through October 12, 2018, as calculated in the October 24, 2018 Declaration of Edward J.Radetich, Jr., which is being filed this date with the Court. (Signed by Judge William H. Pauley, III on 11/9/2018) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Filing 390
ORDER ON MOTION OF LEAD PLAINTIFF PENNSYLVANIA PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM FOR ORDER DIRECTING PAYMENT FROM THE COURT REGISTRY INVESTMENT SYSTEM FOR (1) PARTIAL DISTRIBUTION TO ELIGIBLE CLASS CLAIMANTS, AND (2) PAYMENT OF THE CLAIMS ADMINISTRATOR'S FEES AND EXPENSES granting #386 Motion for Disbursement of Funds: It is hereby Ordered and Decreed:1. The Court Registry Investment System, which is holding the Settlement Fund in thisaction, shall promptly issue and deliver checks from the Settlement Fund as follows:(a) A check payable to Bank of America Securities Settlement, held atBeneficiary Bank, Santander Bank, N.A., which has agreed to act, withoutcompensation, as the Escrow Agent for the purpose of the distribution of theSettlement Fund, in the amount of $234,148,452.88 to fund the initial distributionof the settlement proceeds to the eligible claimants who filed timely claims,consisting of 100% of the funds payable to claimants entitled to an award of$10.01 through $50.00, and 80% of the funds payable to claimants entitled to anaward in excess of $50.00; and(b) A check payable to Heffler, Radetich & Saitta, L.L.P. ("Heffler") in theamount of $2,206,395.70 to pay Heffler for fees and expenses previously incurredand invoiced, and as further set forth in this order. (Signed by Judge William H. Pauley, III on 11/9/2018) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Filing 389
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated October 24, 2018 re: Motions for Distribution from the Court Registry Investment System. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 388
DECLARATION of Edward J. Radetich, Jr. in Support re: #387 MOTION for Disbursement of Funds from the C.R.I.S. of Previously-Awarded Attorneys' Fees with Accrued Interest., #386 MOTION for Disbursement of Funds from the C.R.I.S. for Distribution of the Settlement Fund to Eligible Class Claimants and Payment of the Claims Administrator's Fees and Expenses.. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 387
MOTION for Disbursement of Funds from the C.R.I.S. of Previously-Awarded Attorneys' Fees with Accrued Interest. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Text of Proposed Order)(Rosen, Mark)
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Filing 386
MOTION for Disbursement of Funds from the C.R.I.S. for Distribution of the Settlement Fund to Eligible Class Claimants and Payment of the Claims Administrator's Fees and Expenses. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Text of Proposed Order)(Rosen, Mark)
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Filing 385
ORDER ON MOTION OF LEAD PLAINTIFF PENNSYLVANIA PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM TO RATIFY DETERMINATIONS OF CLAIMS ADMINISTRATOR ON ALL FILED CLAIMS granting #382 Motion to Authorize: It is on this 12 day of October, 2018, hereby ORDERED and DECREED as follows: The recommended administrative determinations taken by Heffler, as set forth in the Radetich Declaration, in accepting and rejecting those Claims submitted in connection with the Settlement of the above-captioned Action in connection with the Settlement that were timely submitted by November 14, 2016 cut-off date, whether or not those Claims were originally deficient and subject to further submission or re-evaluation after that cut-off date, are hereby APPROVED, and as further set forth in this order. Lead Plaintiff shall forthwith file a motion seeking a Court Order directing the transfer of Settlement Funds from the C.R.I.S. system to fund the initial distribution to the Class, to pay the fees and expenses incurred by Heffler, and to pay the Court-approved attorneys fees of Barrack, Rodos & Bacine. (Signed by Judge William H. Pauley, III on 10/12/2018) (jwh)
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Terminate Transcript Deadlines (jwh)
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Filing 384
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated September 28, 2018 re: Lead Plaintiff's Motion to Ratify Claims Administrator's Determination on All Filed Claims. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 383
DECLARATION of Edward J. Radetich, Jr. in Support re: #382 MOTION to Authorize Claims Administrator's Determination on All Filed Claims .. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rosen, Mark)
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Filing 382
MOTION to Authorize Claims Administrator's Determination on All Filed Claims . Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Text of Proposed Order)(Rosen, Mark)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #381 Order,, dated 3/2/2017, from Judge William H. Pauley, III, on 3/10/2017 disbursed to pay Heffler Claims Group $1,258,130.07 Check No. 01060304 dated 3/10/2017 FEDEX# 808896715139 (cla)
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Filing 381
ORDER GRANTING REIMBURSEMENT OF COSTS OF NOTICE AND CLAIMS ADMINISTRATION: It is on this 2nd day of March, 2017, hereby ORDERED and DECREED: Lead Counsel's Letter-Motion is GRANTED and the Clerk is directly to promptly reimburse the Claims Administrator in the amount of $1,258,130.07 from the Settlement Fund deposited with C.R.I.S. This Order is without prejudice to the submission of subsequent invoices from the Lead Counsel or the Claims Administrator for expenses actually and reasonably incurred associated with the notice and claims administration process. (Signed by Judge William H. Pauley, III on 3/2/2017) (cla)
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Filing 380
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen dated March 1, 2017 re: Reimbursement of Cost of Notice and Claims Administration. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A - Heffler Claims Group Invoice - 2-15-17)(Rosen, Mark)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #379 Order,,,,,, dated 1/11/2017, from Judge William H. Pauley, III, on 1/13/2017 disbursed to pay Pennsylvania Public School $130,323.70 Check No. 01057769 dated 1/13/2017 (cla)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #379 Order,,,,,, dated 1/11/2017, from Judge William H. Pauley, III, on 1/13/2017 disbursed to pay Barrack, Rodos & Bacine $1,386,167.33 Check No. 01057770 dated 1/13/2017 (cla)
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Filing 379
AMENDED ORDER ON MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES: It is on this 11th day of January, 2017, hereby ORDERED and DECREED that the motion is GRANTED IN PART AND DENIED IN PART. It is further ORDERED and DECREED: The Court hereby awards Barrack, Rodos & Bacine $41,340,835.80 in attorneys' fees and $1,386,167.33 in reimbursement of litigation expenses incurred in the prosecution of this Action. The Court hereby awards PSERS $130,323.70 in reimbursement of reasonable costs and expenses directly relating to the representation of the Class, pursuant to 15 U.S.C. 78u-4(a)(4). After disbursement of their respective awards, PPSERS and/or Barrack, Rodos & Bacine may request interest from December 30, 2016 to the date the awards are paid out of the Court Registry Investment System ("CRIS") at the same rate as interest accrues and is paid on the remaining settlement funds on deposit with CRIS up to the date of payment of the awards. The attorneys' fees award to Barrack, Rodos & Bacine may be disbursed once 75% of the Settlement Fund has been distributed. Barrack, Rodos & Bacine shall advise this Court by letter when 75% of the Settlement Fund has been distributed so that attorneys' fees can be disbursed. The Court hereby directs entry of final judgment on the claims for attorneys' fees and reimbursement of litigation expenses, and expressly determines, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason for delay in the entry of judgment on this Order. (Signed by Judge William H. Pauley, III on 1/11/2017) (cla)
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Filing 378
ORDER GRANTING MOTION FOR APPROVAL OF PROPOSED PLAN OF ALLOCATION: This Court having considered the submissions of all interested persons, and having conducted a hearing on November 29, 2016 on this motion, and good cause having been shown, It is on this 30th day of December, 2016, hereby ORDERED and DECREED: 1. The motion for approval of the proposed plan of allocation is GRANTED. 2. The Court hereby directs entry of final judgment on approval of the proposed Plan of Allocation, and expressly determines, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason for delay in the entry of judgment on this Order. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/30/2016) (ama)
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Filing 377
ORDER ON MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES: This Court having considered the submissions of all interested persons, and having conducted a hearing on November 29, 2016 on this motion, and good cause having been shown, It is on this 30th day of December, 2016, hereby ORDERED and DECREED that the motion is GRANTED IN PART AND DENIED IN PART. It is further ORDERED and DECREED: The Court hereby awards Barrack, Rodos & Bacine $41,340,835.80 in attorneys' fees and $1,386,167.33 in reimbursement of litigation expenses incurred in the prosecution of this Action. The Court hereby awards PSERS $130,323.70 in reimbursement of reasonable costs and expenses directly relating to the representation of the Class, pursuant to15 U.S.C. 78u-4(a)(4). Interest on the awards to Barrack, Rodos & Bacine and to PSERS shall accrue on each award from the date of this Order to the date it is paid out of the Court Registry Investment System ("CRIS") at the same rate as interest accrues and is paid on the remaining settlement funds on deposit with the CRIS up to the date of payment of that award. The Court hereby directs entry of final judgment on the claims for attorneys' fees and reimbursement of litigation expenses, and expressly determines, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason for delay in the entry of judgment on this Order. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/30/2016) (ama) Modified on 2/16/2017 (ama).
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Filing 376
JUDGMENT AND ORDER: NOW, THEREFORE, after due deliberation, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Judgment incorporates and makes a part hereof: the Stipulation filed with the Court on March 12, 2016, as amended on June 13, 2016; and the Notice and Long Form Notice filed with the Court on June 13, 2016. As used in this Judgment, the following terms shall have the meanings set forth below. Capitalized terms used but not otherwise defined in this Judgment shall have the meaning set forth in the Preliminary Approval Order and in the Stipulation. And as set forth herein. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/30/2016) (ama)
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Terminate Transcript Deadlines (ama)
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Filing 375
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated December 29, 2016 re: [Proposed] Orders. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Rosen, Mark)
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Filing 374
OPINION & ORDER re: #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses filed by Pennsylvania Public School Employees' Retirement System, #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation filed by Pennsylvania Public School Employees' Retirement System. The motion to approve the Settlement and Plan of Allocation is granted. The motion to approve the application for attorneys' fees, litigation expenses, and Lead Plaintiff's expenses is granted in part and denied in part. The litigation expenses and Lead Plaintiff's expenses are approved, and the fee request is approved in the amount of $41,340,835.80. The litigation expenses and Lead Plaintiff's expenses may be reimbursed immediately. Attorneys' fees may be paid once 75% of the Settlement Fund has been distributed. Plaintiff is directed to submit a revised judgment in accord with this Opinion and Order forthwith. The Clerk of Court is directed to close the motions pending at ECF Nos. 350 and 352. (Signed by Judge William H. Pauley, III on 12/27/2016) (cla)
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Filing 373
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/29/16 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)
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Filing 372
TRANSCRIPT of Proceedings re: HEARING held on 11/29/2016 before Judge William H. Pauley, III. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 1/3/2017. Redacted Transcript Deadline set for 1/13/2017. Release of Transcript Restriction set for 3/13/2017.(McGuirk, Kelly)
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Filing 371
REPLY MEMORANDUM OF LAW in Support re: #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rosen, Mark)
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Minute Entry for proceedings held before Judge William H. Pauley, III: Motion Hearing held on 11/29/2016 re: #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. filed by Pennsylvania Public School Employees' Retirement System, #327 MOTION for Settlement Preliminary Approval, Approval of Class Notice and Scheduling of Final Approval Hearing. filed by Pennsylvania Public School Employees' Retirement System, #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation. filed by Pennsylvania Public School Employees' Retirement System.
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Filing 370
LETTER addressed to Judge William H. Pauley, III from Blake La Pierre re: Proposed settlement. (cf)
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Filing 369
LETTER addressed to Court Clerk from Samuel Gelerman dated 11/9/2016 re: Bank of America Case 11-cv-0733 continued failure to provide stock history and accounting for Sharon Lee Hallett and Samuel Gelerman for class action Claim and Release form. (cf) (Main Document 369 replaced on 11/21/2016) (tn).
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Filing 368
LETTER addressed to Judge William H. Pauley, III from Loe Anne Kimball Pino dated 11/10/2016 re: Enclosed for filing please find a REQ NOTICE OF CHANGE OF ADDRESS and Certificate of Service for same. Document filed by William P. Boardman.(cf)
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Filing 367
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated November 18, 2016 re: Final Approval of Settlement. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 366
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of LP's Motion for Final Approval of Settlement and Approval of Proposed Plan of Allocation and Lead Counsel's Motion for Final Approval of Attorneys' Fees and Reimbursement of Expenses and Mark R. Rosen Reply Declaration in Further Support of LP's Motion for Final Approval of Settlement and Approval of Proposed Plan of Allocation and Lead Counsel's Motion for Final Approval of Attorneys' Fees and Reimbursements of Expenses served on All Counsel of Record on November 18, 2016. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 365
REPLY AFFIDAVIT of Mark R. Rosen in Support re: #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation.. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit 1 - Affidavit of Edward J. Radetich, Jr.)(Rosen, Mark)
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Filing 364
REPLY MEMORANDUM OF LAW in Support re: #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation. . Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 363
LETTER addressed to Clerk of the Court from Samuel Gelerman dated 11/1/2016 re: Please compel Bank Of America to comply with my reasonable request for historical stock information in order to fill out the Proof Of Claim And Release form for the settlement in the In re Bank Of America Corporations Securities Litigation, Master file No. 11-CV-00733-WHP. (kl)
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Filing 362
MEMO ENDORSEMENT on #361 Letter. ENDORSEMENT: Application approved. SO ORDERED. (Signed by Judge William H. Pauley, III on 11/5/2016) (kl) Modified on 12/6/2016 (kl).
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #360 Order,, dated 10/24/2016, from Judge William H. Pauley, III, on 10/28/2016 disbursed to pay Heffler Claims Group $1,687,682.79 Check No. 01053803 dated 10/28/2016 FEDEX#808896714544 (cla)
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Filing 361
LETTER addressed to Whom It May Concern from Loe Anne Kimball Pino dated 10/22/2016 re: Enclosed for filing please find a REQUEST TO WITHDRAW AMICUS OBJECTION and Certificate of Service for same. (kl)
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Filing 360
ORDER GRANTING REIMBURSEMENT OF COSTS OF NOTICE AND CLAIMS ADMINISTRATION. It is on this 24 day of October, 2016, hereby ORDERED and DECREED: 1. Lead Counsel's Letter-Motion is GRANTED and the Clerk is directly to promptly reimburse the Claims Administrator in the amount of $1,687,682.79 from the Settlement Fund deposited with C.R.I.S. 2. This Order is without prejudice to the submission of subsequent invoices from the Lead Counsel or the Claims Administrator for expenses actually and reasonably incurred associated with the notice and claims administration process. So ordered. Copy sent interoffice to Finance Department Rm. 120. (Signed by Judge William H. Pauley, III on 10/24/2016) (rjm)
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Filing 359
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated October 20, 2016 re: Reimbursement of Costs of Notice and Claims Administration. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A - Heffler Claims Group September 30, 2016 Invoice)(Rosen, Mark)
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Filing 358
LETTER addressed to Judge William H. Pauley, III from Loe Anne Kimball Pino dated 9/26/16 re: Enclosed for filing please find an Amicus Objection and Certificate of Service for same. (mro)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #349 Order,,, from Judge William H. Pauley, III, on 9/7/2016 disbursed to pay Francis E. McGovern $38,580.93 Check No. 01051220 dated 9/7/2016 FEDEX# 808896715209 (cla)
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Filing 357
DECLARATION of Mark R. Rosen in Support re: #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation., #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rosen, Mark)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Robert Rosen to RE-FILE Document #354 Declaration in Support of Motion. ERROR(S): No signature or s/. (db)
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Filing 356
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated August 30, 2016 re: Filing of Settlement Documents. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 355
CERTIFICATE OF SERVICE of Motion for Final Approval of Settlement and Plan of Allocation, Memorandum in Support, Motion for Award of Attorney's Fees and Reimbursement of Expenses, Memorandum in Support, Declaration of Mark R. Rosen in Support of Motion for Final Approval of Settlement and Plan of Allocation and in Support of Motion for Award of Attorneys' Fees and Reimbursement of Expenses served on All Counsel of Record on August 30, 2016. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 354
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mark R. Rosen in Support re: #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation., #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rosen, Mark) Modified on 8/31/2016 (db).
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Filing 353
MEMORANDUM OF LAW in Support re: #352 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 352
MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 351
MEMORANDUM OF LAW in Support re: #350 MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation. . Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 350
MOTION for Settlement Approval (Final) and Approval of Proposed Plan of Allocation. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 349
ORDER GRANTING LETTER MOTION OF LEAD COUNSEL FOR REIMBURSEMENT OF COSTS OF NOTICE AND CLAIMS ADMINISTRATION. It is on this 30th day of August, 2016, hereby ORDERED and DECREED: 1. Lead Counsel's Letter-Motion is GRANTED and the Clerk is directly to promptly issue a check in the amount of $38,580.93 from the Settlement Fund deposited with C.R.I.S., payable to Francis E. McGovern, 401 West Alabama, Houston, Texas 77006. 2. This Order is without prejudice to the submission of subsequent invoices from the Lead Counsel or the Claims Administrator for expenses actually and reasonably incurred associated with the notice and claims administration process. So ordered. (Signed by Judge William H. Pauley, III on 8/30/2016) Copy sent interoffice to Finance Department Rm. 120. (rjm)
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Filing 348
MEMO ENDORSEMENT on re: #347 Letter filed by Pennsylvania Public School Employees' Retirement System. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 8/26/2016) (cf)
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Filing 347
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated August 24, 2016 re: Length of Memorandum of Law. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 346
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated August 23, 2016 re: Revised Application for Reimbursement of Additional Costs Relating to Class Notice. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A - Revised Invoice (Professor Francis McGovern))(Rosen, Mark)
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Filing 345
MEMO ENDORSEMENT on re: #344 Letter regarding Reimbursement of Additional Costs Relating to Class Notice, filed by Pennsylvania Public School Employees' Retirement System. ENDORSEMENT: On August 15, 2016, this Court conducted a teleconference with Professor McGovern in which he agreed to reduce his hourly billing rate for travel time. The parties shall submit a revised proposed reimbursement order. (Signed by Judge William H. Pauley, III on 8/22/2016) (tro)
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Filing 344
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated August 9, 2016 re: Reimbursement of Additional Costs Relating to Class Notice. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Rosen, Mark)
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Filing 343
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/6/16 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)
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Filing 342
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/6/2016 before Judge William H. Pauley, III. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/4/2016.(McGuirk, Kelly)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #341 Order,,, dated 7/12/16, from Judge William H. Pauley, III, on 7/14/16 disbursed to pay Heffler Claims Group $756,720.53 Check No. 01047490 dated 7/14/16 FEDEX #806069997250 (cla)
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Filing 341
ORDER GRANTING LETTER MOTION OF LEAD COUNSEL FOR REIMBURSEMENT OF COSTS OF NOTICE AND CLAIMS ADMINISTRATION re: #339 Letter, filed by Pennsylvania Public School Employees' Retirement System. Lead Counsel's Letter-Motion is GRANTED and the Clerk is directed to promptly reimburse the Claims Administrator in the amount of $756,720.53 from the Settlement Fund deposited with C.R.I.S., by wire transfer to Heffler Claims Group. Upon entry of this Order, the Claims Administrator shall promptly provide wire instructions to the Clerk's Office. This Order is without prejudice to the submission of subsequent invoices from the Lead Counsel or the Claims Administrator for expenses actually and reasonably incurred associated with the notice and claims administration process. (Signed by Judge William H. Pauley, III on 7/12/2016) ***A copy of this Order has been forwarded to the Finance Unit on 7/12/2016***(tro)
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Filing 340
DECLARATION of Edward J. Radetich, Jr. in Support re: #327 MOTION for Settlement Preliminary Approval, Approval of Class Notice and Scheduling of Final Approval Hearing.. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 339
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated July 6, 2016 re: Reimbursement of Costs of Notice and Claims Administration. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Exhibit A)(Rosen, Mark)
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CASHIERS OFFICE CRIS DEPOSIT dated 6/15/16, from Judge Judge William H. Pauley, III, $335,000,000.00 from BANK OF AMERICA deposited on 6/22/16, Receipt Number 16465400483 and placed into CRIS on 6/23/16. (dig)
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Filing 338
ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT AND PROVIDING FOR NOTICE granting #327 Motion for Settlement. IT IS HEREBY ORDERED AND DECREED: Subject to further consideration at the Settlement Hearing described in Paragraph 2 below, the Court preliminarily finds the Settlement set forth in the Stipulation to be fair, reasonable and adequate. The Court further approves, for the purpose of providing notice of the Settlement to Class Members: a. Notice of Class Action, Proposed Settlement, Motion for Attorneys' Fees and Expenses, and Settlement Hearing (the "Notice," attached as Exhibit 2 to this Order); b. Long Form Notice of Class Action, Proposed Settlement, Motion for Attorneys' Fees and Expenses, and Settlement Hearing (the "Long Form Notice," attached as Exhibit 3 to this Order, which includes a description of the proposed Plan of Allocation of Net Settlement Fund); and c. Proof of Claim and Release Form (the "Proof of Claim" attached as Exhibit 4 to this Order). Settlement Hearing: A hearing pursuant to Rule 23(e) of the Federal Rules of Civil Procedure is hereby scheduled to be held before the Court on November 29, 2016, at 2:00 p.m. for the purposes set forth herein. The Court approves the retention of Heffler, Radetich & Saitta L.L.P. as the Claims Administrator to supervise and administer the notice procedure in connection with the proposed Settlement as well as the processing of Proofs of Claim, as more fully set forth below; as further set forth in this Order. Except as otherwise provided in the Stipulation (including any amendments thereof and supplemental agreements thereto), the Court retains exclusive jurisdiction over the Action to consider all further matter arising out of or connected with the Settlement. (Signed by Judge William H. Pauley, III on 6/15/2016) (Attachments: #1 Part 2, #2 Part 3) (mro)
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Set/Reset Hearings: Settlement Conference set for 11/29/2016 at 02:00 PM before Judge William H. Pauley III. (mro)
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Filing 337
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated June 13, 2016 re: Preliminary Approval Order. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 6/6/2016. (WO)
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Filing 336
ORDER: The status conference scheduled for June 6, 2016 at 2:00 p.m. shall be conducted both in-person and telephonically in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Prior to the conference, the parties shall provide this Court with a dial-in number for any parties who wish to appear by telephone. (Status Conference set for 6/6/2016 at 02:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 6/3/2016) (tn)
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Filing 335
ORDER: The parties shall appear for a telephonic status conference to address the parties' proposed amendments to the motion for preliminary approval of a settlement, approval of class notice, and scheduling of a final approval hearing on June 6, 2016 at 2:00 p.m. The parties shall provide this Court with a dial-in number prior to the conference. (Telephone Conference set for 6/6/2016 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/20/2016) (tn)
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Filing 334
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/13/16 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)
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Filing 333
TRANSCRIPT of Proceedings re: conference held on 4/13/2016 before Judge William H. Pauley, III. Court Reporter/Transcriber: Patricia Nilsen, (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 5/27/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/4/2016.(McGuirk, Kelly)
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Filing 332
ORDER with respect to #327 Motion for Settlement: The parties shall appear for a telephonic conference to discuss Lead Plaintiff's motion for preliminary approval of a settlement, approval of class notice, and scheduling of a final approval hearing on April13, 2016 at 4:30p.m. The parties shall provide this Court with a dial-in number prior to the conference. (Signed by Judge William H. Pauley, III on 4/8/2016) (tn)
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Set/Reset Hearings: Telephone Conference set for 4/13/2016 at 04:30 PM before Judge William H. Pauley III. (tn)
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Filing 331
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated March 29, 2016 re: Exhibit 5 of Preliminary Approval Order. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 330
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated March 15, 2016 re: Preliminary Approval of Settlement and Scheduling of Final Approval Hearing. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 329
CERTIFICATE OF SERVICE of Motion for Preliminary Approval of Settlement, Approval of Class Notice and Scheduling of Final Approval Hearing, Memorandum in Support of Motion, [Proposed] Order and Preliminary Judgment and Order served on All Counsel of Record on March 15, 2016. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: #1 Text of Proposed Order Part I, #2 Text of Proposed Order Part II)(Rosen, Mark)
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Filing 328
MEMORANDUM OF LAW in Support re: #327 MOTION for Settlement Preliminary Approval, Approval of Class Notice and Scheduling of Final Approval Hearing. . Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 327
MOTION for Settlement Preliminary Approval, Approval of Class Notice and Scheduling of Final Approval Hearing. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 326
MEMO ENDORSEMENT on re: #325 LETTER addressed to Judge William H. Pauley, III from Nina Kostyukovsky dated January 26, 2016 re: Withdrawal of Nina Kostyukovsky as counsel for Defendant Kenneth D. Lewis. Document filed by Kenneth D Lewis. ENDORSEMENT: Application granted. So ordered. Attorney Nina Kostyukovsky terminated. (Signed by Judge William H. Pauley, III on 1/26/2016) (rjm)
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Filing 325
LETTER addressed to Judge William H. Pauley, III from Nina Kostyukovsky dated January 26, 2016 re: Withdrawal of Nina Kostyukovsky as counsel for Defendant Kenneth D. Lewis. Document filed by Kenneth D Lewis.(Kostyukovsky, Nina)
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Filing 324
NOTICE OF CHANGE OF ADDRESS by Colby A. Smith on behalf of Kenneth D Lewis. New Address: Debevoise & Plimpton LLP, 801 Pennsylvania Avenue NW, Suite 500, Washington, DC, USA 20004, (202) 383-8000. (Smith, Colby)
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Filing 323
NOTICE OF CHANGE OF ADDRESS by Nina Kostyukovsky on behalf of Kenneth D Lewis. New Address: Debevoise & Plimpton LLP, 801 Pennsylvania Avenue NW, Suite 500, Washington, DC, USA 20004, (202) 383-8000. (Kostyukovsky, Nina)
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Filing 322
NOTICE OF CHANGE OF ADDRESS by Ada Fernandez Johnson on behalf of Kenneth D Lewis. New Address: Debevoise & Plimpton LLP, 801 Pennsylvania Avenue NW, Suite 500, Washington, DC, USA 20004, (202) 383-8000. (Johnson, Ada)
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Filing 321
MEMO ENDORSEMENT on re: #320 Letter filed by Kenneth D Lewis re: withdrawal of Roger J. Landsman as attorney for Defendant Kenneth D. Lewis. ENDORSEMENT: SO ORDERED. Attorney Roger J Landsman terminated. (Signed by Judge William H. Pauley, III on 11/16/2015) (kko)
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Filing 320
LETTER addressed to Judge William H. Pauley, III from Roger J. Landsman dated 11/16/2015 re: withdrawal of Roger J. Landsman as attorney for Defendant Kenneth D. Lewis. Document filed by Kenneth D Lewis.(Landsman, Roger)
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Filing 319
NOTICE of Substitution of Attorney. Old Attorney: Thomas M. Clark, New Attorney: Lorraine S. Fields, Address: FDIC New York Legal Services Office, 350 Fifth Avenue-12th Floor, New York, New York, USA 10118, 917-320-2546. Document filed by Federal Deposit Insurance Corporation, in its Corporate capacity. (Fields, Lorraine)
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Filing 318
ORDER FOR ADMISSION PRO HAC VICE granting #317 Motion for David M. Locher to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/29/2015) (mro)
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Filing 317
MOTION for David M. Locher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11057124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph L. Price.(Locher, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #317 MOTION for David M. Locher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11057124. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 316
NOTICE of Withdrawal of Appearance. Document filed by Joseph L. Price. (Morgan, Harry)
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Filing 315
NOTICE OF CHANGE OF ADDRESS by Mark Robert Rosen on behalf of Pennsylvania Public School Employees' Retirement System. New Address: Barrack, Rodos & Bacine, Eleven Times Square, 640 Eighth Avenue, 10th Floor, New York, New York, United States 10036, (212) 688-0782. (Rosen, Mark)
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Filing 314
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esq. dated April 8, 2015 re: Letter Specifying Motion Papers and Memoranda. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 313
CERTIFICATE OF SERVICE of Lead Plaintiff's Reply Memorandum of Law in Support of Motion to Compel Discovery Withheld Based Upon the Assertion of the Bank Examination Privilege served on Defendants on April 8, 2015. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 312
REPLY MEMORANDUM OF LAW in Support re: #291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege. (Redacted). Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 311
SEALED DOCUMENT placed in vault.(mps)
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Filing 310
ENDORSED LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen dated 4/6/2015 re: Submit sealing request with the attached exhibits. ENDORSEMENT: Application granted. Plaintiff shall file redacted copies with the Clerk of the Court. (Signed by Judge William H. Pauley, III on 4/7/2015) (spo)
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Filing 309
MEMO ENDORSEMENT on re: #308 Letter, filed by Pennsylvania Public School Employees' Retirement System. ENDORSEMENT: Application granted on consent of the parties. (Signed by Judge William H. Pauley, III on 4/2/2015) (mro)
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Filing 308
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esq. dated April 1, 2015 re: Permission to File Reply Brief in Excess of 10-Page Limitation. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 307
NOTICE OF APPEARANCE by Yvonne Facchina Mizusawa on behalf of Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne)
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Filing 306
MEMORANDUM OF LAW in Opposition re: # 291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege . . Document filed by Comptroller of the Currency, OCC, US Treasury Dept.. (Attachments: # 1 Affidavit Declaration of Amber N. Melton in Support of Non-Party Office of the Comptroller of the Currency's Response in Opposition to Plaintiff's Motion to Compel)(Walker, Ashley)
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Filing 305
FIRST LETTER addressed to Judge William H. Pauley, III from Thomas M. Clark dated March 23, 2015 re: the Court's January 22, 2015 Order (Doc # 279) re: Bank Examiner Privilege. Document filed by Federal Deposit Insurance Corporation, in its Corporate capacity.(Clark, Thomas)
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Filing 304
DECLARATION of Yvonne F. Mizusawa in Opposition re: # 291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege .. Document filed by Board of Governors of the Federal Reserve System. (Attachments: # 1 Exhibit)(Mizusawa, Yvonne)
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Filing 303
MEMORANDUM OF LAW in Opposition re: # 291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege . . Document filed by Board of Governors of the Federal Reserve System. (Mizusawa, Yvonne)
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Filing 302
NOTICE OF APPEARANCE by Thomas M. Clark on behalf of Federal Deposit Insurance Corporation, in its Corporate capacity. (Clark, Thomas)
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Filing 301
ORDER FOR ADMISSION PRO HAC VICE granting # 298 Motion for Amber N. Melton to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 3/19/2015) (kko)
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Filing 300
ORDER FOR ADMISSION PRO HAC VICE granting # 297 Motion for Ashley W. Walker to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 3/19/2015) (kko)
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Filing 299
STIPULATION AND ORDER CONCERNING DISCOVERY: NOW, THEREFORE, counsel for all parties hereby stipulate and agree as follows: The deadline for completion of fact discovery shall be extended until the following dates: If the Court denies in full the BEP motion, then the deadline for conclusion of fact discovery shall be 90 days after the entry of that Order; If the Court grants, in whole or in part, the BEP motion, then the deadline for conclusion of fact discovery shall be 90 days after there has been full and complete compliance with the Court's Order. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/19/2015) (kko)
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Filing 298
MOTION for Amber N. Melton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Comptroller of the Currency, OCC, US Treasury Dept..(Amber, Melton)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 297 MOTION for Ashley W. Walker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 298 MOTION for Amber N. Melton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi)
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Filing 297
MOTION for Ashley W. Walker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Comptroller of the Currency, OCC, US Treasury Dept..(Walker, Ashley)
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Filing 296
DECLARATION of Scott D. Musoff in Support re: # 295 Response to Motion,. Document filed by Bank of America Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Musoff, Scott)
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Filing 295
RESPONSE to Motion re: # 291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege . . Document filed by Bank of America Corporation. (Musoff, Scott)
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Filing 294
CERTIFICATE OF SERVICE of Motion to Compel, Memorandum of Law in Support (Redacted), Declaration of Mark R. Rosen, Exhibit A and Exhibit B (Redacted) to Rosen Declaration served on Counsel on March 2, 2015. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 293
DECLARATION of Mark R. Rosen in Support re: # 291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege .. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Redacted))(Rosen, Mark)
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Filing 292
MEMORANDUM OF LAW in Support re: # 291 MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege . (Redacted) . Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 291
MOTION to Compel Bank of America to provide discovery withheld based upon the defendants assertion of the bank examination privilege . Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Text of Proposed Order)(Rosen, Mark)
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Filing 290
SEALED DOCUMENT placed in vault.(mps)
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Filing 289
ENDORSED LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen dated 2/23/15 re: Counsel submits this sealing request with the attached two exhibits. Exhibit A includes one full set of the documents that counsel requests permission to seal with the words, phrases, or paragraphs to be redacted highlighted. Exhibit B contains one partial set of solely those pages on which counsel seeks to redact material. ENDORSEMENT: Application granted. Plaintiff shall file redacted copies of the documents with the Clerk of Court. (Signed by Judge William H. Pauley, III on 2/27/2015) (mro)
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Filing 288
NOTICE OF CHANGE OF ADDRESS by Samantha Noel Bent on behalf of Brian T. Moynihan. New Address: DLA Piper LLP (US), 1251 Avenue of the Americas, New York, New York, New York 10020, 212-335-4689. (Bent, Samantha)
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Filing 287
ORDER FOR ADMISSION PRO HAC VICE granting # 286 Motion for Nina Kostyukovsky to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/26/2015) (tn)
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Filing 286
MOTION for Nina Kostyukovsky to Appear Pro Hac Vice (CORRECTED) . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kenneth D Lewis. (Attachments: # 1 Text of Proposed Order)(Kostyukovsky, Nina)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 286 MOTION for Nina Kostyukovsky to Appear Pro Hac Vice (CORRECTED) . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
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Filing 285
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nina Kostyukovsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10613029. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kenneth D Lewis. (Attachments: # 1 Text of Proposed Order)(Kostyukovsky, Nina) Modified on 2/19/2015 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 285 MOTION for Nina Kostyukovsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10613029. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued from the Supreme Court of Virginia and NOT from a State Bar Association.. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
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Filing 284
AMENDED STIPULATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 2/6/2015) (mro)
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Filing 283
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/16/2015 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)
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Filing 282
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2015 before Judge William H. Pauley, III. Court Reporter/Transcriber: Martha Drevis, (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 2/26/2015. Redacted Transcript Deadline set for 3/9/2015. Release of Transcript Restriction set for 5/7/2015.(McGuirk, Kelly)
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Filing 281
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/16/15 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)
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Filing 280
TRANSCRIPT of Proceedings re: conference held on 1/16/2015 before Judge William H. Pauley, III. Court Reporter/Transcriber: Martha Drevis, (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 2/23/2015. Redacted Transcript Deadline set for 3/5/2015. Release of Transcript Restriction set for 5/4/2015.(McGuirk, Kelly)
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Filing 279
ORDER: It is hereby ORDERED as follows: Defendant Bank of America Corporation ("BAC") shall produce to plaintiff, in searchable format, a log of all documents that were either withheld or redacted based solely upon assertion of the bank examiner privilege ("BEP"). This log shall be divided into three parts; as set forth herein. Within five business days after the receipt of the complete Privilege Logs A, B and C, plaintiff and BAC may each designate no more than 25 documents that were withheld or redacted based upon the BEP as exemplars of the contents of these Privilege Logs. BAC shall notify the interested bank regulators of the pendency of plaintiff's motion, provide them with a copy of this Order and, if requested and subject to the stipulated protective order dated September 16, 2013, provide unredacted copies of the designated documents to the regulator or regulators having a privilege with respect to such documents. Within ten business days after the completion of the designation process, plaintiff shall submit its motion and memorandum of law in support of its challenge to the BEP. Within ten business days after service (which shall be deemed complete upon ECF filing) of plaintiff's motion and memorandum of law, BAC shall submit its responding papers to the plaintiff's motion and memorandum of law. The regulators are invited to advise the parties of their position on the applicability of the BEP and to submit a response (including any response to this Order and the procedures contemplated hereunder). Any such response shall be filed with the Court within ten business days after service of BAC's response to Plaintiff's motion and memorandum. Within ten business days from the date on which the response by the regulators is due, (a) plaintiff may file a reply memorandum of law and (b) BAC shall submit for in camera review any exemplar documents with respect to which any assertion of BEP is asserted by any regulator. The Court shall entertain oral argument at a date to be subsequently determined. (Signed by Judge William H. Pauley, III on 1/22/2015) (mro)
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Filing 278
LETTER addressed to Judge William H. Pauley, III from Scott D. Musoff dated January 16, 2015 re: Regulatory Contact Information. Document filed by Bank of America Corporation.(Musoff, Scott)
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Filing 277
NOTICE OF APPEARANCE by Christopher P. Malloy on behalf of Bank of America Corporation. (Malloy, Christopher)
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Filing 276
MEMO ENDORSEMENT on re: # 275 Letter, filed by Pennsylvania Public School Employees' Retirement System. ENDORSEMENT: Application granted. The parties shall appear for a pre motion conference on January 16, 2015 at 11:30 a.m. SO ORDERED. (Pre-Motion Conference set for 1/16/2015 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/31/2014) (ajs)
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Filing 275
ENDORSED LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire and Scott D. Musoff, Esquire dated December 23, 2014 re: Request for Pre-Motion Conference. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 274
ORDER granting # 273 Letter Motion for Extension of Time to Complete Discovery. Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 10/14/2014) (ja)
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Set/Reset Deadlines: Fact Discovery due by 3/31/2015. (ja)
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Filing 273
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge William H. Pauley, III from Mark R. Rosen, Esquire dated October 9, 2014. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 272
NOTICE OF WITHDRAWAL APPEARANCE: that Adam J. Wasserman, hereby respectfully withdraw my appearance as counsel for defendant Charles H. Noski and request removal from service of any further pleadings in connection with the above-captioned matter, and as further set forth herein. SO ORDERED. (Signed by Judge William H. Pauley, III on 10/3/2014) (ja)
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Filing 271
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/30/14 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...Filed In Associated Cases: 1:11-cv-00733-WHP, 1:11-cv-01982-WHP, 1:11-cv-02216-WHP(McGuirk, Kelly)
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Filing 270
TRANSCRIPT of Proceedings re: conference held on 7/30/2014 before Judge William H. Pauley, III. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 10/27/2014. Redacted Transcript Deadline set for 11/6/2014. Release of Transcript Restriction set for 1/3/2015.Filed In Associated Cases: 1:11-cv-00733-WHP, 1:11-cv-01982-WHP, 1:11-cv-02216-WHP(McGuirk, Kelly)
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Filing 268
STATUS REPORT. Joint Status Report Concerning Discovery Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 267
MOTION for Michael S. Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10121629. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of America Corporation. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Bailey, Michael)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 267 MOTION for Michael S. Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10121629. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
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Filing 266
ORDER FOR ADMISSION PRO HAC VICE granting # 265 Motion for Harry C. Morgan to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 8/12/2014) (lmb)
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Filing 265
AMENDED MOTION for Harry C. Morgan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph L. Price.(Morgan, Harry)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 265 AMENDED MOTION for Harry C. Morgan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi)
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Filing 264
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Harry C. Morgan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9971449. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph L. Price.(Morgan, Harry) Modified on 8/6/2014 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 264 MOTION for Harry C. Morgan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9971449. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of California and not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
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Filing 263
ORDER FOR ADMISSION PRO HAC VICE granting # 247 Motion for David E. Carney to Appear Pro Hac Vice; terminating # 247 Motion to Amend/Correct. (Signed by Judge William H. Pauley, III on 7/29/2014) (mro)
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Filing 262
ORDER: The parties are directed to participate in a teleconference with the Court on July 30, 2014 at 10:00 a.m. to discuss their proposed amendment to the September 9, 2013 Confidentiality Order. The parties shall provide the court with a call-in number 24 hours before the conference. ( Telephone Conference set for 7/30/2014 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/28/2014) (mro)
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Filing 261
ORDER granting # 241 Motion to Withdraw. It is hereby ORDERED that Melissa Armstrong be withdrawn as counsel of record for Defendant Joe Lee Price. (Signed by Judge William H. Pauley, III on 7/15/2014) (lmb)
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Filing 260
LETTER addressed to Judge William H. Pauley, III from Scott D. Musoff dated July 14, 2014 re: Proposed Amendment To Confidentiality Stipulation Entered As An Order Of This Court On September 16, 2013. Document filed by Bank of America Corporation.(Musoff, Scott)
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Filing 259
ORDER: The parties are directed to submit a joint status report on September 26, 2014. (Signed by Judge William H. Pauley, III on 7/3/2014) (mro)
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Filing 258
STATUS REPORT. Joint Status Report Concerning Discovery Document filed by Bank of America Corporation.(Musoff, Scott)
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Filing 257
ORDER FOR ADMISSION PRO HAC VICE granting # 256 Motion for Roger Jacob Landsman to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/25/2014) (kgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 256 MOTION for Roger Landsman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9802622. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
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Filing 256
MOTION for Roger Landsman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9802622. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kenneth D Lewis.(Landsman, Roger)
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Filing 255
ORDER:The parties are directed to submit a joint status report on June 27, 2014. (Signed by Judge William H. Pauley, III on 3/25/2014) (lmb)
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Filing 254
ORDER: This Court will hold a status conference by telephone on 3/21/2014 at 10:00 a.m. (Signed by Judge William H. Pauley, III on 3/6/2014) (kgo) Modified on 3/6/2014 (kgo).
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Filing 253
STIPULATION AND ORDER CERTIFYING CLASS: The parties agree that this shall constitute an Order certifying the Class sought by PSERS in its motion filed 11/15/2013, certifying PSERS as the Class Representative, and appointing PSERS's counsel, Barrack, Rodos & Bacine, as Lead Counsel under F.R.C.P. 23(g), all subject to Rule 23(c)(1)(C) and the conditions stated herein, including the parties' asserted reservations of rights. Motions terminated: # 243 MOTION to Certify Class filed by Pennsylvania Public School Employees' Retirement System. (Signed by Judge William H. Pauley, III on 2/14/2014) (tro)
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Filing 252
ORDER granting # 251 Letter Motion for Extension of Time to Complete Discovery. Application granted. The deadline for substantial completion of document discovery is extended to Feb. 28, 2014. Discovery due by 2/28/2014. (Signed by Judge William H. Pauley, III on 1/28/2014) (mro)
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Filing 251
LETTER MOTION for Extension of Time to Complete Discovery to February 28, 2014 addressed to Judge William H. Pauley, III from Scott D. Musoff dated January 24, 2014. Document filed by Bank of America Corporation.(Musoff, Scott)
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Filing 250
LETTER addressed to Judge William H. Pauley, III from Scott D. Musoff dated December 13, 2013 re: Claims or Defenses. Document filed by Bank of America Corporation.(Musoff, Scott)
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Filing 249
ORDER granting # 248 Letter Motion for Extension of Time to Complete Discovery. Application to extend the discovery deadline granted. Parties shall substantially complete document production by Jan. 31, 2014. Discovery due by 1/31/2014. (Signed by Judge William H. Pauley, III on 12/3/2013) (mro)
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Filing 248
LETTER MOTION for Extension of Time to Complete Discovery to January 31, 2014 addressed to Judge William H. Pauley, III from Scott D. Musoff dated November 26, 2013. Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Pennsylvania Public School Employees' Retirement System, Joseph L. Price.(Musoff, Scott)
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Filing 247
MOTION to Amend/Correct., MOTION for David Emmett Carney to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of America Corporation, Bank of America Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing - DC, # 2 Exhibit Certificate of Good Standing - VA, # 3 Text of Proposed Order)(Carney, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 247 MOTION to Amend/Correct. MOTION for David Emmett Carney to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu)
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Filing 246
CERTIFICATE OF SERVICE of Motion, Memorandum of Law in Support and Rosen Declaration served on All Counsel of Record on November 15, 2013. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 245
DECLARATION of Mark R. Rosen in Support re: # 243 MOTION to Certify Class.. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Exhibit A - BAC-PSERS List of Trades, # 2 Exhibit B - Jeffrey W. Golan Declaration in Support of Lead Plaintiff's Motion for Class Certification, # 3 Exhibit C - Barrack, Rodos & Bacine Biography)(Rosen, Mark)
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Filing 244
MEMORANDUM OF LAW in Support re: # 243 MOTION to Certify Class.. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 243
MOTION to Certify Class. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 242
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David E. Carney to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9067474. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of America Corporation, Bank of America Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing - DC, # 2 Exhibit Certificate of Good Standing - VA, # 3 Text of Proposed Order)(Carney, David) Modified on 11/12/2013 (wb).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 242 MOTION for David E. Carney to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9067474. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing Must be issued from the Supreme Court if Virginia with Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb)
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Filing 241
MOTION to Withdraw Melissa Armstrong as counsel of record for Joe L. Price . Document filed by Joseph L. Price. (Attachments: # 1 Text of Proposed Order)(Guttman, Julia)
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Filing 240
NOTICE OF APPEARANCE by Richard Benjamin Harper on behalf of Joseph L. Price. (Harper, Richard)
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Filing 239
STATUS REPORT. Joint Report Concerning Class Certification and Document Discovery Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Pennsylvania Public School Employees' Retirement System, Joseph L. Price.(Musoff, Scott)
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Filing 238
LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen dated October 17, 2013 re: Class Certification. Document filed by Pennsylvania Public School Employees' Retirement System.(Rosen, Mark)
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Filing 237
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/26/2013 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)
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Filing 236
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/26/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Eve Giniger, (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 10/21/2013. Redacted Transcript Deadline set for 10/31/2013. Release of Transcript Restriction set for 12/30/2013.(McGuirk, Kelly)
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Filing 235
STIPULATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 9/16/2013) (mro)
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Filing 234
ENDORSED LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen dated 8/13/13 re: Counsel submits that Your Honor's resolution to the disagreement listed herein would facilitate the parties' submission of focused class certification papers. ENDORSEMENT: The parties are directed to exchange expert reports by October 18, 2013. (Signed by Judge William H. Pauley, III on 8/19/2013) (mro)
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Filing 233
ORDER: The Court having conducted a status conference by telephone with all parties on July 26, 2013, the following schedule is established: 1. The parties are directed to submit a joint report regarding the proposed class certification motion by October 31, 2013; 2. This Court will hold a status conference by telephone on November 8, 2013 at 11:00 a.m.; 3. Plaintiff shall serve and file any motion for class certification by November 15, 2013; 4. Defendants shall serve and file any opposition by December 20, 2013; 5. Plaintiff shall serve and file any reply by January 10, 2014; 6. This Court will hear oral argument on January 31, 2014 at 11:00 a.m.; 7. Plaintiff is authorized to conduct up to 250 hours of depositions and Defendants are authorized collectively to conduct up to 250 hours of depositions; and 8. The Court will address any discovery disputes that are lodged in compliance with Rule 3A of this Court's Individual Rules. (Motions due by 11/15/2013. Responses due by 12/20/2013 Replies due by 1/10/2014. Oral Argument set for 1/31/2014 at 11:00 AM before Judge William H. Pauley III. Telephone Conference set for 11/8/2013 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/30/2013) (mro)
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Filing 232
STATUS REPORT. JOINT REPORT ON SCHEDULE FOR CLASS CERTIFICATION AND FACT DEPOSITIONS Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Pennsylvania Public School Employees' Retirement System, Joseph L. Price.(Musoff, Scott)
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Filing 231
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/20/13 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...Filed In Associated Cases: 1:11-cv-00733-WHP, 1:11-cv-01982-WHP, 1:11-cv-02216-WHP(Rodriguez, Somari)
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Filing 230
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/20/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Rose Prater, (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 7/22/2013. Redacted Transcript Deadline set for 8/1/2013. Release of Transcript Restriction set for 9/30/2013.Filed In Associated Cases: 1:11-cv-00733-WHP, 1:11-cv-01982-WHP, 1:11-cv-02216-WHP(Rodriguez, Somari)
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Filing 228
ANSWER to # 158 Amended Complaint,,,,,,. Document filed by Neil Cotty.(Portnoy, Lawrence)
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Filing 227
ANSWER to # 158 Amended Complaint,,,,,, with JURY DEMAND. Document filed by Kenneth D Lewis.(Smith, Colby)
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Filing 226
ANSWER to # 158 Amended Complaint,,,,,,. Document filed by Joseph L. Price.(Guttman, Julia)
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Filing 225
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #228) - ANSWER to # 158 Amended Complaint,,,,,,. Document filed by Neil Cotty.(Portnoy, Lawrence) Modified on 6/18/2013 (ka). Modified on 6/18/2013 (lb).
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Filing 224
ANSWER to # 158 Amended Complaint,,,,,, with JURY DEMAND. Document filed by Brian T. Moynihan.(Hillebrecht, John)
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Filing 223
ANSWER to # 158 Amended Complaint,,,,,, with JURY DEMAND. Document filed by Charles H. Noski.(Jossen, Robert)
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Filing 222
MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, Moynihan's motion for partial reconsideration is denied. The Clerk of the Court is directed to terminate the motion pending at ECF No. 199. Denying # 199 Motion for Reconsideration. (Signed by Judge William H. Pauley, III on 6/12/2013). (rjm)
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Filing 221
REPLY MEMORANDUM OF LAW in Support re: # 199 MOTION for Reconsideration re; # 183 Order on Motion to Dismiss,.. Document filed by Brian T. Moynihan. (Smith, Patrick)
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Filing 229
SCHEDULING ORDER: The Court having conducted a status conference by telephone with all parties appearing, the following schedule is established on consent: Defendants' time to interpose an answer is extended to June 17, 2013; The parties are directed to submit a joint proposal regarding class certification and depositions by July 12, 2013; This Court will hold a status conference by telephone on July 26, 2013 at 11:00 a.m; and Document discovery will be substantially completed by November 29, 2013. SO ORDERED. Discovery due by 11/29/2013. Status Conference set for 7/26/2013 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/20/2013) (rsh)
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Filing 220
ORDER FOR ADMISSION PRO HAC VICE granting # 219 Motion for Ada Fernandez Johnson to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/21/2013). (rjm)
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Filing 219
MOTION for Ada Fernandez Johnson to Appear Pro Hac Vice o/b/o Kenneth D. Lewis (CORRECTING doc #211) . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kenneth D Lewis. (Attachments: # 1 Text of Proposed Order)(Johnson, Ada)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 219 MOTION for Ada Fernandez Johnson to Appear Pro Hac Vice o/b/o Kenneth D. Lewis (CORRECTING doc #211) . Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION for Ada Fernandez Johnson to Appear Pro Hac Vice o/b/o Kenneth D. Lewis (CORRECTING doc #211) . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
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Filing 218
CERTIFICATE OF SERVICE of Lead Plaintiff Pennsylvania Public School Employees' Retirement System's Memorandum of Law in Opposition to Defendant Brian T. Moynihan's Motion for Partial Reconsideration served on All Counsel of Record on May 20, 2013. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 217
MEMORANDUM OF LAW in Opposition re: # 199 MOTION for Reconsideration re; # 183 Order on Motion to Dismiss,.. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 216
ENDORSED LETTER addressed to Judge William H. Pauley, III from Mark R. Rosen dated 5/14/2013 re: In accordance with Your Honor's directive, the parties have conferred and they are all available for a telephone conference with the Court on Monday May 20, 2013 at any time either between 10:00 a.m. and 2:00 p.m. or from 4:30 p.m. to the end of the day. ENDORSEMENT: The status conference is rescheduled to May 20, 2013 at 11:00 a.m. So ordered. (Status Conference set for 5/20/2013 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/17/2013). (rjm)
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Set/Reset Hearings: Telephone Conference set for 5/20/2013 at 11:00 AM before Judge William H. Pauley III. (rjm)
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Filing 215
NOTICE OF APPEARANCE by Katherine Keely Rankin on behalf of Charles H. Noski (Rankin, Katherine)
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Filing 214
NOTICE OF APPEARANCE by Robert Jeffrey Jossen on behalf of Charles H. Noski (Jossen, Robert)
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Filing 213
NOTICE OF APPEARANCE by Adam Jay Wasserman on behalf of Charles H. Noski (Wasserman, Adam)
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Filing 212
NOTICE OF APPEARANCE by Robert Jeffrey Jossen on behalf of Charles H. Noski (Jossen, Robert)
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Filing 211
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ada Fernandez Johnson to Appear Pro Hac Vice o/b/o Kenneth D. Lewis . Filing fee $ 200.00, receipt number 0208-8516238. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kenneth D Lewis. (Attachments: # 1 Text of Proposed Order)(Johnson, Ada) Modified on 5/16/2013 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 211 MOTION for Ada Fernandez Johnson to Appear Pro Hac Vice o/b/o Kenneth D. Lewis . Filing fee $ 200.00, receipt number 0208-8516238. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the State Court of Virginia. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
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Filing 210
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned that Defendants Brian T. Moynihan, Kenneth D. Lewis, Joseph L. Price, Charles H. Noski and Neil Cotty shall have until June 3, 2013 to answer the Amended Consolidated Class Action Complaint. Neil Cotty answer due 6/3/2013; Kenneth D Lewis answer due 6/3/2013; Brian T. Moynihan answer due 6/3/2013; Charles H. Noski answer due 6/3/2013; Joseph L. Price answer due 6/3/2013. (Signed by Judge William H. Pauley, III on 5/14/2013). (rjm)
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Filing 209
NOTICE OF APPEARANCE by Colby A. Smith on behalf of Kenneth D Lewis (Smith, Colby)
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Filing 208
ORDER GRANTING DEFENDANT KENNETH D. LEWIS' MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL re: # 195 Motion to Substitute Attorney. The Court hereby orders that Jay B. Kasner, Christopher P. Malloy, and Scott D. Musoff, of the law firm Skadden, Arps, Slate, Meagher, & Flom LLP, be permitted to withdraw as counsel of record, and Colby A. Smith of the law firm Debevoise & Plimpton LLP may appear as substitute counsel of record for Defendant Kenneth D. Lewis. The Court's ECF system shall be updated to reflect these changes. Attorney Jay B. Kasner terminated. (Signed by Judge William H. Pauley, III on 5/9/2013) (tro) Modified on 5/9/2013 (tro).
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Filing 207
ORDER GRANTING DEFENDANT JOE LEE PRICE'S MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL re: # 197 Motion to Substitute Attorney. The Court hereby orders that Jay B. Kasner, Christopher P. Malloy, and Scott D. Musoff, of the law firm Skadden, Arps, Slate, Meagher, & Flam LLP, be permitted to withdraw as counsel of record, and Melissa Armstrong of the law firm Baker Botts L.L.P. may appear as substitute counsel of record for Defendant Joe Lee Price. The Court's ECF system shall be updated to reflect these changes. Attorney Jay B. Kasner terminated. (Signed by Judge William H. Pauley, III on 5/9/2013) (tro)
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Filing 206
ORDER GRANTING DEFENDANT NEIL COTTY'S MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL re: # 193 Motion to Substitute Attorney. The Court hereby orders that Jay B. Kasner, Christopher P. Malloy and Scott D. Musoff of the law firm Skadden, Arps, Slate, Meagher & Flom LLP be permitted to withdraw as counsel of record, and Lawrence Portnoy, Charles S. Duggan and Brian M. Burnovski of the law firm Davis Polk & Wardwell LLP, may appear as substitute counsel of record for Mr. Cotty. The Court's ECF system shall be updated to reflect these changes. Attorney Jay B. Kasner terminated. Added attorney Charles S. Duggan, Brian Marc Burnovski for Neil Cotty. (Signed by Judge William H. Pauley, III on 5/9/2013) (tro) Modified on 5/9/2013 (tro).
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Filing 205
ORDER GRANTING DEFENDANT BRIAN T. MOYNIHAN'S MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL re: # 188 Motion to Substitute Attorney. The Court hereby orders that Jay B. Kasner, Christopher P. Malloy, and Scott D. Musoff, of the law firm SKADDEN, ARPS, SLATE, MEAGHER, & FLOM LLP, be permitted to withdraw as counsel of record, and Patrick J. Smith, John M. Hillebrecht, and Jeffrey D. Rotenberg of the law firm DLA PIPER LLP (US), may appear as substitute counsel of record for Defendant Brian T. Moynihan. The Court's ECF system shall be updated to reflect these changes. Attorney Jay B. Kasner and Scott D. Musoff terminated. (Signed by Judge William H. Pauley, III on 5/9/2013) (tro)
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Filing 204
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting # 203 Motion for Julia E. Guttman to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/9/2013) (tro)
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Filing 203
AMENDED MOTION for Julia E. Guttman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph L. Price.(Armstrong, Melissa)
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Filing 202
DECLARATION of Melissa Armstrong in Support re: # 201 MOTION for Julia E. Guttman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8487565. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by Joseph L. Price. (Armstrong, Melissa)
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Filing 201
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Julia E. Guttman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8487565. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph L. Price. (Attachments: # 1 Text of Proposed Order)(Armstrong, Melissa) Modified on 5/7/2013 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 201 MOTION for Julia E. Guttman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8487565. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 203 AMENDED MOTION for Julia E. Guttman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu)
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Filing 200
MEMORANDUM OF LAW in Support re: # 199 MOTION for Reconsideration re; # 183 Order on Motion to Dismiss,.. Document filed by Brian T. Moynihan. (Smith, Patrick)
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Filing 199
MOTION for Reconsideration re; # 183 Order on Motion to Dismiss,. Document filed by Brian T. Moynihan.(Smith, Patrick)
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Filing 198
DECLARATION of Melissa Armstrong in Support re: # 197 MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy, and Scott D. Musoff, New Attorney: Melissa Armstrong.. Document filed by Joseph L. Price. (Armstrong, Melissa)
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Filing 197
MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy, and Scott D. Musoff, New Attorney: Melissa Armstrong. Document filed by Joseph L. Price. (Attachments: # 1 Text of Proposed Order)(Armstrong, Melissa)
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Filing 196
DECLARATION of Colby A. Smith in Support re: # 195 MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy, Scott D. Musoff, New Attorney: Colby A. Smith.. Document filed by Kenneth D Lewis. (Attachments: # 1 Text of Proposed Order)(Smith, Colby)
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Filing 195
MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy, Scott D. Musoff, New Attorney: Colby A. Smith. Document filed by Kenneth D Lewis.(Smith, Colby)
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Filing 194
DECLARATION of Brian M. Burnovski in Support re: # 193 MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy and Scott D. Musoff, New Attorney: Lawrence Portnoy, Charles S. Duggan and Brian M. Burnovski on behalf of Neil Cotty .. Document filed by Neil Cotty. (Attachments: # 1 Attachment)(Portnoy, Lawrence)
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Filing 193
MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy and Scott D. Musoff, New Attorney: Lawrence Portnoy, Charles S. Duggan and Brian M. Burnovski on behalf of Neil Cotty . Document filed by Neil Cotty.(Portnoy, Lawrence)
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Filing 192
NOTICE OF APPEARANCE by Samantha Noel Bent on behalf of Brian T. Moynihan (Bent, Samantha)
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Filing 191
NOTICE OF APPEARANCE by Jeffrey David Rotenberg on behalf of Brian T. Moynihan (Rotenberg, Jeffrey)
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Filing 190
NOTICE OF APPEARANCE by John Michael Hillebrecht on behalf of Brian T. Moynihan (Hillebrecht, John)
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Filing 189
NOTICE OF APPEARANCE by Patrick J. Smith on behalf of Brian T. Moynihan (Smith, Patrick)
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Filing 188
MOTION to Substitute Attorney. Old Attorney: Jay B. Kasner, Christopher P. Malloy and Scott D. Musoff, New Attorney: Patrick J. Smith, John M. Hillebrecht and Jeffrey D. Rotenberg on behalf of Brian T. Moynihan . Document filed by Brian T. Moynihan. (Attachments: # 1 Text of Proposed Order)(Smith, Patrick)
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Filing 187
ORDER FOR ADMISSION PRO HAC VICE granting # 185 Motion for Jeffrey Brian Gittleman to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/1/2013). (rjm)
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Filing 186
ENDORSED LETTER addressed to Judge William H. Pauley, III from Scott D. Musoff dated 4/30/2013 re: We write to respectfully request that the telephonic status conference currently scheduled for Monday May 6, 2013 at 10:00 AM be briefly adjourned and rescheduled for another date and time convenient to the Court. ENDORSEMENT: Application granted. The conference is rescheduled to May 10, 2013 at 3:00 p.m. So ordered. (Telephone Conference set for 5/10/2013 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/1/2013). (rjm)
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Filing 185
MOTION for Jeffrey Brian Gittleman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8462529. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Declaration of Jeffrey B. Gittleman in Support of His Motion for Admission Pro Hac Vice, # 2 Exhibit Exhibit A to Declaration of Jeffrey B. Gittleman in Support of His Motion for Admission Pro Hac Vice, # 3 Exhibit Exhibit B to Declaration of Jeffrey B. Gittleman in Support of His Motion for Admission Pro Hac Vice, # 4 Text of Proposed Order)(Gittleman, Jeffrey)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 185 MOTION for Jeffrey Brian Gittleman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8462529. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu)
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Filing 184
SCHEDULING ORDER: This Court will hold a status conference by telephone on 5/6/2013 at 10:00 AM before Judge William H. Pauley III to fix a discovery schedule. The parties are directed to set up a conference call and provide the Court with a call-in number. The parties are further directed to submit a joint proposed discovery schedule by 5/3/2013. (Signed by Judge William H. Pauley, III on 4/25/2013) (tro)
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Filing 183
MEMORANDUM & ORDER denying # 173 Motion to Dismiss: For the foregoing reasons, the Executive Defendants' motion to dismiss the Amended Complaint is denied. The Clerk of the Court is directed to terminate the motion pending at ECF No. 173. (Signed by Judge William H. Pauley, III on 4/17/2013) (lmb)
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Filing 182
SCHEDULING ORDER: The oral argument is rescheduled to February 19, 2013 at 10:00 a.m. (Signed by Judge William H. Pauley, III on 2/11/2013) (mro)
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Filing 181
SCHEDULING ORDER: The oral argument on January 18, 2013 is rescheduled to February 8, 2013 at 2:30 p.m. Oral Argument set for 2/8/2013 at 02:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/14/2013) (js)
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Filing 180
REPLY MEMORANDUM OF LAW in Support re: # 173 MOTION to Dismiss The Amended Consolidated Class Action Complaint .. Document filed by Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Attachments: # 1 Appendix A)(Kasner, Jay)
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Filing 179
CERTIFICATE OF SERVICE of Memorandum of Law of Lead Plaintiff in Opposition to The Executive Defendants' Motion to Dismiss the Amended Class Action Complaint served on Counsel on December 12, 2012. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 178
MEMORANDUM OF LAW in Opposition re: # 173 MOTION to Dismiss The Amended Consolidated Class Action Complaint .. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 177
ANSWER to # 158 Amended Complaint,,,,,,. Document filed by Bank of America Corporation.(Kasner, Jay)
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Filing 176
STIPULATION AND ORDER. The time for Defendants Kenneth D. Lewis, Joe L. Price, II, Brian T. Moynihan, Charles H. Noski and Neil Cotty (together the "Executive Defendants") to file and serve their motion to dismiss and supporting papers shall be adjourned from October 31, 2012 to November 5, 2012; Plaintiffs may file and serve their opposition papers to the Executive Defendants' motion to dismiss by December 12, 2012; and The Executive Defendants may file and serve any reply papers in further support of their motion to dismiss by December 21, 2012. This is the first request to revise the Court's October 9, 2012 Scheduling Order. (Motions due by 11/5/2012. Responses due by 12/12/2012. Replies due by 12/21/2012.) (Signed by Judge William H. Pauley, III on 11/8/2012) (rjm)
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Filing 175
DECLARATION of Scott D. Musoff in Support re: # 173 MOTION to Dismiss The Amended Consolidated Class Action Complaint .. Document filed by Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Part 1), # 4 Exhibit C (Part 2), # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Musoff, Scott)
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Filing 174
MEMORANDUM OF LAW in Support re: # 173 MOTION to Dismiss The Amended Consolidated Class Action Complaint .. Document filed by Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Kasner, Jay)
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Filing 173
MOTION to Dismiss The Amended Consolidated Class Action Complaint . Document filed by Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price.(Kasner, Jay)
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Filing 172
SCHEDULING ORDER: Executive Defendants shall serve and file any motion to dismiss by 10/31/2012. Plaintiffs responses due by 12/10/2012. Executive Defendants replies due by 12/21/2012. Oral Argument set for 1/18/2013 at 11:00 AM before Judge William H. Pauley III. If this Court grants the motion to dismiss, the claims against the Executive Defendants will be dismissed with prejudice. (Signed by Judge William H. Pauley, III on 10/9/2012) (pl)
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Filing 171
ORDER: Lead Plaintiff may serve document-preservation subpoenas on the nonparties that are set forth in this Order, directing the recipients to retain and preserve documents or other responsive materials, but not to produce any such documents or materials until Lead Plaintiff has notified them of the lifting of the automatic discovery stay imposed by the PSLRA upon the resolution of all motions to dismiss. Lead Plaintiff may serve document-preservation subpoenas on additional nonparties in order to preserve relevant documents until the lifting of the discovery stay only if it first obtains either the consent and agreement of defendants or approval by the Court. (Signed by Judge William H. Pauley, III on 10/10/2012) (pl) Modified on 10/10/2012 (pl).
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Filing 170
ENDORSED LETTER addressed to Judge William H Pauley from Mark R Rosen dated 9/25/2012 re: Lead Plaintiff respectfully requests that the Court also consider at the October 3 conference whether Lead Plaintiff may file an unopposed motion for limited relief from the discovery stay imposed by the Private Securities Litigation Reform kct of 1995 ("PSLRA") to serve document-preservation subpoenas on certain non parties. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 10/2/2012) (cd)
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Filing 169
SCHEDULING ORDER: The pre-motion conference is rescheduled from October 3, to October 9, 2012 at 5:00 p.m., ( Pre-Motion Conference set for 10/9/2012 at 05:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/2/2012) (ago)
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Filing 168
Letter addressed to Judge william H. Pauley from Mark R. Rosen dated 8/27/2012 re: With respect to Mr. Kasner's reference to a pre-motion conference concerning Defendants' intended motion to dismiss, Lead Plaintiff does not believe that a pre-motion conference concerning Defendants' intended motion to dismiss the Amended Complaint is necessary, as the parties have agreed, subject to Your Honor's approval, upon the following briefing schedule on defendants' anticipated motiopn to dismiss: Motion and Opening Brief due September 24, 2012. Opposition Brief due on or before November 2, 2012: and Reply Brief due 14 days after service of the Opposition Brief. Document filed by Pipefitters Local No. 636 Defined Benefit Plan.(js)
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Filing 167
MEMORANDUM AND ORDER: For the foregoing reasons, Defendant Bank of America's motion for reconsideration is denied. Defendant Bank of America's motion to certify an interlocutory appeal is also denied. The Clerk of the Court is directed to terminate the motion pending at ECF No. 151. (Signed by Judge William H. Pauley, III on 8/28/2012) (js)
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Filing 166
ENDORSED LETTER: addressed to Judge William H. Pauley from Jay B. Kasner dated 8/23/2012 re: We represent Defendants Bank of America Corporation ("BAC"), Kenneth D. Lewis, Joe L. Price, II, Brian T. Moynihan, Charles H. Noski and Neil Cotty (the "Individual Defendants" and together with BAC, "Defendants") in the above-referenced action. We respectfully submit, pursuant to Rule IV(A) of Your Honor is Individual Practices, a courtesy copy of BAC's Reply Memorandum of Law in Further Support of its Motion For Reconsideration or, in the Alternative, to Certify Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) (the "Reply Memorandum"). We also write pursuant to Rule III(A) of Your Honor's Individual,Practices in connection with Defendants anticipated motions to dismiss the Amended Consolidated Class Action Complaint ("Amended Complaint") filed by Plaintiff on August 13, 2012. The Amended Complaint also does not adequately address the issues raised by BAC's motion for reconsideration. As discussed in the Reply Memorandum, BAC respectfully submits that efficiencies can be gained by considering the motion for reconsideration in connection with Defendants' motions to dismiss. ENDORSEMENT: Application granted. This Court will hold a pre-motion conference October 3, 2012 at 5:00 p.m. So Ordered., ( Pre-Motion Conference set for 10/3/2012 at 05:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/27/2012) (js)
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Filing 165
ORDER granting # 162 Motion for M. Richard Komins to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 8/27/2012) (ama) (Main Document 165 replaced on 8/28/2012) (ama).
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Filing 164
CERTIFICATE OF SERVICE of Motion to be Admitted Pro Hac Vice of M. Richard Komins served on all counsel on 08/23/2012. Document filed by Pennsylvania Public School Employees' Retirement System. (Komins, M.)
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Filing 163
REPLY MEMORANDUM OF LAW in Support re: # 151 MOTION for Reconsideration re; # 148 Memorandum & Opinion,,,,,,,,,,,,,,,,,,. MOTION for Certificate of Appealability.. Document filed by Bank of America Corporation. (Kasner, Jay)
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Filing 162
MOTION for M. Richard Komins to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Exhibit Exhibit 1 - Certificate of Good Standing, # 2 Text of Proposed Order)(Komins, M.)
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Filing 161
CERTIFICATE OF SERVICE of Motion to Admit Counsel Pro Hac Vice of M. Richard Komins served on all counsel of record on 08/23/2012. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 160
DECLARATION of William J. Ban in Support re: # 159 MOTION for M. Richard Komins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7756862. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 159
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for M. Richard Komins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7756862. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Text of Proposed Order)(Ban, William) Modified on 8/23/2012 (pgu).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 162 MOTION for M. Richard Komins to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (pgu)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. # 159 MOTION for M. Richard Komins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7756862. Motion and supporting papers to be reviewed by Clerk's Office staff. . The Pro Hac Vice Motion needs to be filed by the Attorney filing for Admission Pro Hac Vice. Attorney needs to file for ECF Login and refile Pro Hac Vice Motion. (pgu)
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Filing 158
AMENDED CONSOLIDATED CLASS ACTION COMPLAINT amending # 59 Amended Complaint,, against Bank of America Corporation, Bank of America Corporation, William P. Boardman, Frank Paul Bramble, Sr, Cantor Fitzgerald & Co., Virgis William Colbert, Neil Cotty, Countrywide Financial Corporation, Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Charles K. Gifford, Jr, Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Charles Otis Holliday, Jr, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Kenneth D Lewis, Monica C. Lozano, Macquarie Capital (USA) Inc., Thomas John May, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, Brian T. Moynihan, National Australia Bank Limited, Charles H. Noski, Joseph L. Price, Pricewaterhousecoopers LLP, RBS Securities Inc., Thomas Michael Ryan, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Robert W. Scully, Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC. with JURY DEMAND.Document filed by Pennsylvania Public School Employees' Retirement System, Pipefitters Local No. 636 Defined Benefit Plan, Anchorage Police & Fire Retirement System, Patricia Grossberg Living Trust. Related document: # 59 Amended Complaint,, filed by Pennsylvania Public School Employees' Retirement System.(djc) (Additional attachment(s) added on 9/14/2012: # 1 service) (ml).
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Filing 157
CERTIFICATE OF SERVICE of Plaintiff's Memorandum of Law in Opposition to the Motion of Defendant Bank of America Corporation for Reconsideration or, in the Alternative, to Certify Ruling Motions to Dismiss for Interlocutory Appeal Pursuant to Section 1292(b) served on All Counsel of Record on August 13, 2012. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 156
MEMORANDUM OF LAW in Opposition re: # 151 MOTION for Reconsideration re; # 148 Memorandum & Opinion,,,,,,,,,,,,,,,,,,. MOTION for Certificate of Appealability.. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 155
ORDER ON EXTENSION OF TIME TO FILE AMENDED COMPLAINT. Plaintiff is granted an extension of time to file its amended complaint. As a result, both the amended complaint and plaintiff's response to Defendant Bank of America Corporation's motion for reconsideration or, in the alternative, to certify interlocutory appeal pursuant to 28 U.S.C. 1292(b), shall now be due on or before August 13, 2012. No prior extensions of time to file this pleading have been requested or granted. (Amended Pleadings due by 8/13/2012. Responses due by 8/13/2012) (Signed by Judge William H. Pauley, III on 8/3/2012) (rjm)
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Filing 154
STIPULATION AND ORDER: that Defendant Bank of America Corporation shall have until August 23, 2012 to answer the Consolidated Class Action Complaint. (Signed by Judge William H. Pauley, III on 7/25/2012) (pl)
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Set/Reset Deadlines: Bank of America Corporation answer due 8/23/2012. (pl)
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Filing 153
NOTICE OF WITHDRAWAL OF COUNSEL AND ORDER. PLEASE TAKE NOTICE that attorney Regina Marie Calcaterra has withdrawn from the firm of Barrack, Rodos & Bacine, lead counsel for Pennsylvania Public School Employees' Retirement System (UPSERS"), the court-appointed lead plaintiff in the above-captioned matter. Accordingly, please withdraw her name as one of the counsel of record for PSERS. The other attorneys at Barrack, Rodos & Bacine, listed below, remain as counsel for plaintiff in this action. Attorney Regina Marie Calcaterra terminated. (Signed by Judge William H. Pauley, III on 7/24/2012) (rjm)
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Filing 152
MEMORANDUM OF LAW in Support re: # 151 MOTION for Reconsideration re; # 148 Memorandum & Opinion,,,,,,,,,,,,,,,,,,. MOTION for Certificate of Appealability.. Document filed by Bank of America Corporation. (Kasner, Jay)
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Filing 151
MOTION for Reconsideration re; # 148 Memorandum & Opinion,,,,,,,,,,,,,,,,,,., MOTION for Certificate of Appealability. Document filed by Bank of America Corporation.(Kasner, Jay)
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Filing 150
NOTICE OF CHANGE OF ADDRESS by Michael G. Bongiorno on behalf of Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC.. New Address: Wilmer Cutler Pickering Hale and Dorr LLP, 7 World Trade Center, New York, NY, USA 10007, 212-230-8800. (Bongiorno, Michael)
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Filing 149
NOTICE OF CHANGE OF ADDRESS by Fraser Lee Hunter, Jr on behalf of Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC.. New Address: Wilmer Cutler Pickering Hale & Dorr LLP, 7 World Trade Center, New York, New York, US 10007, 212-230-8800. (Hunter, Fraser)
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Filing 148
MEMORANDUM AND ORDER: For the foregoing reasons, Defendants' motions to dismiss the Consolidated Class Action Complaint are granted in part and denied in part. Defendants Kenneth D. Lewis, Joseph Lee Price, II, Brian T. Moynihan, Neil Corty, and Charles H. Noski's motion to dismiss Plaintiffs claims under Sectionsl0(b) and 20(a) of the Exchange Act of 1934 and Rule 10b-5 is granted, and those claims are dismissed without prejudice. Plaintiff must file and serve its amended complaint by July 31,2012. Defendants Lewis, Price, Moynihan, Corty, and Noski's motion to dismiss Plaintiffs claims under Section 15 of the Securities Act of 1933 is granted, and those claims are dismissed with prejudice. Plaintiff's claims under Section 11 of the Securities Act of 1933 claims against Defendants Bank of America, William P. Boardman, Frank Paul Bramble, Sr., Virgis William Colbert, Charles K. Gifford, Jr., Charles Otis Holliday, Jr., Monica C. Lozano, Thomas John May, Thomas Michael Ran, Robert W. Scully, Joseph Lee Price, Cantor Fitzgerald & Co., CCB International Capital Ltd., Cowen & Company, LLC, Daiwa Capital Markets America Inc., Deutsche Bank Securities Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co., Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc., Macquarie Capital Inc., Merrill Lynch Pierce Fenner & Smith Inc., Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., Samsung Securities Co., Ltd., Samuel A. Ramirez & Co., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., SG Americas Securities LLC, Southwest Securities, Inc., Stifel Nicholaus & Company, Inc., SunTrust Robinson Humphrey, Inc., UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC., ICBC International Securities Limited, and PricewaterhouseCoopers are dismissed with prejudice. Bank of America's motion to dismiss the Complaint is granted with prejudice with respect to Plaintiffs claim under Section 11 of the Securities Act of 1933 and is denied with respect to Plaintiffs claims under Sections l0(b) of the Exchange Act of 1934 and Rule 10b-S. The Clerk of the Court is directed to terminate the motions pending at ECF Nos. 103, 111, 112, and 116. (re: # 116 AMENDED MOTION to Dismiss Consolidated Class Action Complaint filed by Wells Fargo Securities, LLC., Samsung Securities Co., Ltd., KeyBanc Capital Markets Inc, Sanford C. Bernstein & Co. LLC, Southwest Securities, Inc., Daiwa Capital Markets America Inc., Morgan Stanley & Co. LLC, Keefe Bruyette & Woods, Inc., SunTrust Robinson Humphrey, Inc, Mizuho Securities USA Inc., Cowen & Company, L.L.C., Merrill Lynch Pierce Fenner & Smith Incorporated, Gleacher & Company Securities, Inc., UniCredit Capital Markets, Inc., Deutsche Bank Securties Inc., Macquarie Capital (USA) Inc., Goldman & Sachs & Co, Santander Investment Securities, Inc., Stifel Nicholaus & Company, Incorporated, Samuel A. Ramirez & CO., Inc., National Australia Bank Limited, RBS Securities Inc., UBS Securities LLC, ICBC International Securities Limited, SG Americas Securities LLC, Cantor Fitzgerald & Co., # 103 MOTION to Dismiss. filed by Pricewaterhousecoopers LLP, # 121 MOTION to Dismiss Consolidated Class Action Complaint . filed by Thomas Michael Ryan, Monica C. Lozano, Charles K. Gifford, Jr., Charles Otis Holliday, Jr., William P. Boardman, Thomas John May, Frank Paul Bramble, Sr, Virgis William Colbert, Robert W. Scully, # 112 MOTION to Dismiss The Consolidated Class Action Complaint . filed by Bank of America Corporation, Joseph L. Price, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, # 111 MOTION to Dismiss the Consolidated Class Action Complaint . filed by Wells Fargo Securities, LLC., KeyBanc Capital Markets Inc, Sanford C. Bernstein & Co. LLC, Southwest Securities, Inc., Daiwa Capital Markets America Inc., Morgan Stanley & Co. LLC, Keefe Bruyette & Woods, Inc., SunTrust Robinson Humphrey, Inc, Mizuho Securities USA Inc., Cowen & Company, L.L.C., Merrill Lynch Pierce Fenner & Smith Incorporated, Gleacher & Company Securities, Inc., UniCredit Capital Markets, Inc., Deutsche Bank Securties Inc., Macquarie Capital (USA) Inc., Goldman & Sachs & Co, Santander Investment Securities, Inc., Stifel Nicholaus & Company, Incorporated, National Australia Bank Limited, Samuel A. Ramirez & CO., Inc., RBS Securities Inc., UBS Securities LLC, ICBC International Securities Limited, SG Americas Securities LLC, Cantor Fitzgerald & Co. ) (Signed by Judge William H. Pauley, III on 7/11/2012) (laq)
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Filing 147
ENDORSED LETTER addressed to Judge William H. Pauley from James J. Capra, Jr. dated 5/17/2012 re: Counsel requests that the Court allow Ms. Weiss to withdraw her appearance in this matter, and that the Clerk note her withdrawal on the Court's docket. ENDORSEMENT: SO ORDERED. (Signed by Judge William H. Pauley, III on 5/21/2012) (djc)
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Filing 146
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/28/2012 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...Filed In Associated Cases: 1:11-cv-00733-WHP, 1:11-cv-01982-WHP, 1:11-cv-02216-WHP(McGuirk, Kelly)
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Filing 145
TRANSCRIPT of Proceedings re: Conference held on 3/28/2012 before Judge William H. Pauley, III. Court Reporter/Transcriber: Joanne Mancari, (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 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.Filed In Associated Cases: 1:11-cv-00733-WHP, 1:11-cv-01982-WHP, 1:11-cv-02216-WHP(McGuirk, Kelly)
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Filing 144
NOTICE OF WITHDRAWAL OF COUNSEL AND ORDER: PLEASE TAKE NOTICE that attorney Keith Bradley, formerly of the law firm of Wilmer Cutler Pickering Hale and Dorr LLP ("WilmerHale"), is hereby withdrawn as counsel of record in the above-captioned action for Defendants Merrill Lynch, Pierce, Fenner & Smith Incorporated, UBS Securities LLC, Cantor Fitzgerald & Co., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Keefe, Bruyette & Woods, Inc., Mizuho Securities USA Inc., Cowen and Company, LLC, Daiwa Capital Markets America Inc., National Australia Bank Limited, Gleacher & Company Securities, Inc., Key Banc Capital Markets Inc., Morgan Stanley & Co. LLC, SG Americas Securities, LLC, Santander Investment Securities Inc., Stifel, Nicolaus & Company, Incorporated, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC, Sanford C. Bernstein & Co., LLC, Macquarie Capital (USA) inc., RBS Securities, Inc., Samuel A. Ramirez & Co., Inc., Southwest Securities Inc., ICBC International Securities Ltd., and SunTrust Robinson Humphrey, Inc. (collectively, the "Underwriter Defendants"). Mr. Bradley will no longer be employed by WilmerHale. The appearances of other attorneys from WilmerHale remain in effect and are not affected by this withdrawal., Attorney Keith Bradley terminated. (Signed by Judge William H. Pauley, III on 4/16/2012) (lmb)
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Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 3/28/2012 re: Defendants' motion. (lmb)
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Filing 143
SCHEDULING ORDER: The oral argument scheduled for March 28, 2012 at 2:30 p.m. is adjourned to March 28, 2012 at 5:00 p.m. (Oral Argument set for 3/28/2012 at 05:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/26/2012) (ab)
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Filing 142
JOINT MEMORANDUM OF LAW in Opposition re: # 134 Endorsed Letter,, # 140 Brief,. Document filed by Bank of America Corporation, Cantor Fitzgerald & Co., Neil Cotty, Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Kenneth D Lewis, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, Brian T. Moynihan, National Australia Bank Limited, Charles H. Noski, Joseph L. Price, RBS Securities Inc., SG Americas Securities LLC, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC.. (Kasner, Jay)
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Filing 141
OATH of Jeffrey A. Barrack in Support of Lead Plaintiff's Supplemental Memorandum in Support of a Motion to Strike . Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Schedule of Challenged Documents, # 2 Letter from Jeffrey A. Barrack, # 3 Letter from Jay Kasner, # 4 October 19 Earnings Conference Call Transcript)(Barrack, Jeffrey)
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Filing 140
SUPPLEMENTAL BRIEF re: # 134 Endorsed Letter,, # 123 Declaration in Support of Motion,,,,,, # 115 Declaration in Support of Motion, in Support of a Motion to Strike . Document filed by Pennsylvania Public School Employees' Retirement System.(Barrack, Jeffrey)
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Filing 139
DECLARATION of Scott D. Musoff in Support re: # 112 MOTION to Dismiss The Consolidated Class Action Complaint .. Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Kasner, Jay)
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Filing 138
REPLY MEMORANDUM OF LAW in Support re: # 112 MOTION to Dismiss The Consolidated Class Action Complaint .. Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Kasner, Jay)
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Filing 137
REPLY MEMORANDUM OF LAW in Support re: # 116 AMENDED MOTION to Dismiss Consolidated Class Action Complaint . (Underwriter Defendants' Reply Memorandum in Further Support of their Motion To Dismiss.) . Document filed by Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC.. (Bongiorno, Michael)
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Filing 136
REPLY MEMORANDUM OF LAW in Support re: # 121 MOTION to Dismiss Consolidated Class Action Complaint .. Document filed by William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully. (Burnovski, Brian)
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Filing 135
REPLY MEMORANDUM OF LAW in Support re: # 103 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers LLP. (Weiss, Diana)
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Filing 134
ENDORSED LETTER addressed to Judge William H. Pauley, III from Jeffrey A. Barrack dated 2/15/2012 re: Lead Plaintiff requests a pre-motion conference with respect to an intended motion to strike certain documents. ENDORSEMENT: Application denied. Lead Plaintiff may submit a supplemental brief not to exceed 5 pages by March 9, 2012. Defendants may submit a joint opposition not to exceed 5 pages by March 16, 2012. The Court will address this issue at oral argument scheduled for March 28, 2012. (Signed by Judge William H. Pauley, III on 2/27/2012) (tro)
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Set/Reset Deadlines: Brief due by 3/9/2012. (tro)
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Filing 133
ORDER granting # 132 Motion to Withdraw as Attorney. Having reviewed the Motion to Withdraw as Counsel (Dkt. #132), the Court hereby directs the Clerk of the Court to remove Christopher J. Keller, Michael W. Stocker, and Rachel A. Avan, as counsel for former lead plaintiff movants Sjunde AP-Fonden, Arkansas Teacher Retirement System and KBC Asset Management NV (collectively, the "Institutional Investor Group") from the above-captioned action. Attorney Michael Walter Stocker; Rachel Ann Avan and Christopher J. Keller terminated. (Signed by Judge William H. Pauley, III on 2/27/2012) (lmb)
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Filing 132
MOTION for Christopher J. Keller, Michael W. Stocker and Ravel A. Avan to Withdraw as Attorney. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden.(Keller, Christopher)
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Filing 131
DECLARATION of Mark R. Rosen in Opposition re: # 116 AMENDED MOTION to Dismiss Consolidated Class Action Complaint ., # 103 MOTION to Dismiss., # 121 MOTION to Dismiss Consolidated Class Action Complaint ., # 112 MOTION to Dismiss The Consolidated Class Action Complaint ., # 111 MOTION to Dismiss the Consolidated Class Action Complaint .. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rosen, Mark)
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Filing 130
MEMORANDUM OF LAW in Opposition re: # 116 AMENDED MOTION to Dismiss Consolidated Class Action Complaint ., # 103 MOTION to Dismiss., # 121 MOTION to Dismiss Consolidated Class Action Complaint ., # 112 MOTION to Dismiss The Consolidated Class Action Complaint ., # 111 MOTION to Dismiss the Consolidated Class Action Complaint .. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 129
NOTICE of Notice of Withdrawal of Counsel. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 128
ENDORSED LETTER: addressed to Judge William H. Pauley from Mark R. Rosen dated 2/6/2012 re: Lead Plaintiff requests leave of the Court to use up to a total of 80 pages, divided between the two memoranda, for this purpose. ENDORSEMENT: Application denied. Defendants' arguments are overlapping and redundant. Plaintiffs brief shall not exceed 35 pages. So Ordered. (Signed by Judge William H. Pauley, III on 2/9/2012) (js)
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Filing 127
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting # 125 Motion for Jeffrey B. Rudman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Jeffrey B. Rudman is admitted to practice pro hac vice as counsel for defendants Merrill Lynch, Pierce, Fenner & Smith Incorporated, UBS Securities LLC, Cantor Fitzgerald & Co., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Keefe, Bruyette & Woods, Inc., Mizuho Securities USA Inc., Cowen and Company, LLC, Daiwa Capital Markets America Inc., National Australia Bank Limited, Gleacher & Company Securities, Inc., Key Banc Capital Markets Inc., Morgan Stanley & Co. LLC, SG Americas Securities, LLC, Santander Investment Securities Inc., Stifel, Nicolaus & Company, Incorporated, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC, Sanford C. Bernstein & Co., LLC, Macquarie Capital (USA) Inc., RBS Securities, Inc., Samuel A. Ramirez & Co., Inc., Southwest Securities Inc., ICBC International Securities Limited and SunTrust Robinson Humphrey, Inc. (Signed by Judge William H. Pauley, III on 1/20/2012) (mro)
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Filing 126
AFFIDAVIT OF SERVICE of Complaint served on ICBC International Securities Limited on September 23, 2011. Service was accepted by Fraser L. Hunter, Jr., Esq.. Document filed by Pennsylvania Public School Employees' Retirement System., AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. ICBC International Securities Limited served on 1/11/2012, answer due 2/1/2012. Service was accepted by Fraser L. Hunter, Jr., Esq.. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Exhibit A)(Rosen, Mark)
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Filing 125
MOTION for Jeffrey B. Rudman to Appear Pro Hac Vice. Document filed by Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC..(pgu)
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Filing 124
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby Ordered that Jeffrey B. Rudman is admitted to practice pro hac vice as counsel for Defendants Merrill Lynch, Pierce, Fenner & Smith Incorporated, UBS Securities LLC, Cantor Fitzgerald & Co., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Keefe, Bruyette & Woods, Inc., Mizuho Securities USA Inc., Cowen and Company, LLC, Daiwa Capital Markets America Inc., National Australia Bank Limited, Gleacher & Company Securities, Inc., Key Banc Capital Markets Inc., Morgan Stanley & Co. LLC, SG Americas Securities, LLC, Santander Investment Securities Inc., Stifel, Nicolaus & Company, Incorporated, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC, Sanford C. Bernstein & Co., LLC, Macquarie Capital (USA) Inc., RBS Securities, Inc., Samuel A. Ramirez & Co., Inc., Southwest Securities Inc., ICBC International Securities Limited and SunTrust Robinson Humphrey, Inc. (Signed by Judge William H. Pauley, III on 1/13/2012) (mro)
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CASHIERS OFFICE REMARK on # 125 Motion to Appear Pro Hac Vice,,, in the amount of $200.00, paid on 1/11/2012, Receipt Number 1026780. (jd)
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Filing 123
DECLARATION of Michael G. Bongiorno in Support re: # 116 AMENDED MOTION to Dismiss Consolidated Class Action Complaint .. Document filed by Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF)(Bongiorno, Michael)
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Filing 122
MEMORANDUM OF LAW in Support re: # 121 MOTION to Dismiss Consolidated Class Action Complaint .. Document filed by William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully. (Duggan, Charles)
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Filing 121
MOTION to Dismiss Consolidated Class Action Complaint . Document filed by William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully.(Duggan, Charles)
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Filing 120
NOTICE OF APPEARANCE by Brian Marc Burnovski on behalf of William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully (Burnovski, Brian)
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Filing 119
MEMORANDUM OF LAW in Support re: # 116 AMENDED MOTION to Dismiss Consolidated Class Action Complaint . (Underwriter Defendants' Memorandum in Support of Their Motion to Dismiss) . Document filed by Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC.. (Bongiorno, Michael)
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Filing 118
NOTICE OF APPEARANCE by Lawrence Jay Portnoy on behalf of William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully (Portnoy, Lawrence)
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Filing 117
NOTICE OF APPEARANCE by Charles S. Duggan on behalf of William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully (Duggan, Charles)
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Filing 116
AMENDED MOTION to Dismiss Consolidated Class Action Complaint . Document filed by Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samsung Securities Co., Ltd., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC..(Hunter, Fraser)
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Filing 115
DECLARATION of Scott D. Musoff in Support re: # 112 MOTION to Dismiss The Consolidated Class Action Complaint .. Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Part I), # 7 Exhibit F (Part II), # 8 Exhibit G Through M, # 9 Exhibit N Through S, # 10 Exhibit T Through DD)(Kasner, Jay)
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Filing 114
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Samsung Securities Co., Ltd..(Hunter, Fraser)
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Filing 113
MEMORANDUM OF LAW in Support re: # 112 MOTION to Dismiss The Consolidated Class Action Complaint .. Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. (Kasner, Jay)
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Filing 112
MOTION to Dismiss The Consolidated Class Action Complaint . Document filed by Bank of America Corporation, Neil Cotty, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price. Return Date set for 3/28/2012 at 02:30 PM. (Attachments: # 1 Consolidated Class Action Complaint)(Kasner, Jay)
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Filing 111
MOTION to Dismiss the Consolidated Class Action Complaint . Document filed by Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, ICBC International Securities Limited, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC..(Bongiorno, Michael)
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Filing 110
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ICBC International Holdings Limited for ICBC International Securities Limited. Document filed by ICBC International Securities Limited.(Hunter, Fraser)
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Filing 109
NOTICE OF APPEARANCE by Keith Bradley on behalf of ICBC International Securities Limited (Bradley, Keith)
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Filing 108
NOTICE OF APPEARANCE by Jacob David Zetlin-Jones on behalf of ICBC International Securities Limited (Zetlin-Jones, Jacob)
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Filing 107
NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of ICBC International Securities Limited (Hunter, Fraser)
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Filing 106
NOTICE OF APPEARANCE by Michael G. Bongiorno on behalf of ICBC International Securities Limited (Bongiorno, Michael)
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Filing 105
DECLARATION of Diana L. Weiss in Support re: # 103 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Weiss, Diana)
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Filing 104
MEMORANDUM OF LAW in Support re: # 103 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers LLP. (Weiss, Diana)
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Filing 103
MOTION to Dismiss. Document filed by Pricewaterhousecoopers LLP. Responses due by 2/15/2012 Return Date set for 3/28/2012 at 02:30 PM.(Weiss, Diana)
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Filing 102
ENDORSED LETTER addressed to Judge William H. Pauley from Jay B. Kasner dated 1/6/12 re: Counsel for the defendants requests permission to file a 45 page memorandum of law in support of BAC defendants' motion to dismiss. ENDORSEMENT: Application granted in part and denied in part. Defendants' memorandum of law shall not exceed 30 pages. (Signed by Judge William H. Pauley, III on 1/9/2012) (mro)
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Filing 101
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Daiwa Capital Markets America Holdings Inc. for Daiwa Capital Markets America Inc.. Document filed by Daiwa Capital Markets America Inc..(Hunter, Fraser)
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Filing 100
CERTIFICATE OF SERVICE of Affidavit of Service served on Merrill Lynch, Pierce, Fenner & Smith; UBS Securities LLC; SG Americas Securities, LLC; Cantor Fitzgerald & Co.; Cowen and Company, LLC; Daiwa Capital Markets America Inc. (formerly known as Daiwa Securities America Inc.); Deutsche Bank Securities Inc.; Gleacher & Company Securities, Inc. (formerly known as Broadpoint Capital Inc.); Goldman, Sachs & Co.; Keefe, Bruyette & Woods, Inc.; Key Banc Capital Markets Inc.; Macquarie Capital (USA) Inc.; Mizuho Securities USA Inc.; Morgan Stanley & Co. LLC (formerly known as Morgan Stanley & Co., Incorporated); National Australia Bank Limited; RBS Securities Inc.; Sanford C. Bernstein & Co., LLC; Santander Investment Securities Inc.; Samsung Securities Co., Ltd.; Samuel A. Ramirez & Co., Inc.; Southwest Securities, Inc.; Stifel, Nicolaus & Company, Incorporated; SunTrust Robinson Humphrey, Inc.; UniCredit Capital Markets, Inc. and Wells Fargo Securities, LLC on December 28, 2011. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 99
AFFIDAVIT OF SERVICE of Consolidated Complaint served on Merrill Lynch, Pierce, Fenner & Smith; UBS Securities LLC; SG Americas Securities, LLC; Cantor Fitzgerald & Co.; Cowen and Company, LLC; Daiwa Capital Markets America Inc. (formerly known as Daiwa Securities America Inc.); Deutsche Bank Securities Inc.; Gleacher & Company Securities, Inc. (formerly known as Broadpoint Capital Inc.); Goldman, Sachs & Co.; Keefe, Bruyette & Woods, Inc.; Key Banc Capital Markets Inc.; Macquarie Capital (USA) Inc.; Mizuho Securities USA Inc.; Morgan Stanley & Co. LLC (formerly known as Morgan Stanley & Co., Incorporated); National Australia Bank Limited; RBS Securities Inc.; Sanford C. Bernstein & Co., LLC; Santander Investment Securities Inc.; Samsung Securities Co., Ltd.; Samuel A. Ramirez & Co., Inc.; Southwest Securities, Inc.; Stifel, Nicolaus & Company, Incorporated; SunTrust Robinson Humphrey, Inc.; UniCredit Capital Markets, Inc. and Wells Fargo Securities, LLC on December 20, 2011. Service was accepted by Fraser L. Hunter, Jr., Esq.. Document filed by Pennsylvania Public School Employees' Retirement System. (Rosen, Mark)
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Filing 98
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Securities, LLC.. Document filed by Wells Fargo Securities, LLC..(Hunter, Fraser)
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Filing 97
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UniCredit US Finance, LLC for UniCredit Capital Markets, Inc.. Document filed by UniCredit Capital Markets, Inc..(Hunter, Fraser)
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Filing 96
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG and UBS Americas Inc. for UBS Securities LLC. Document filed by UBS Securities LLC.(Hunter, Fraser)
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Filing 95
ORDER: The Clerk of the Court is directed to terminate motions pending at ECF Nos, 7,11, 14, and 17. (Signed by Judge William H. Pauley, III on 12/22/2011) (cd)
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Filing 94
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SunTrust Banks, Inc. for SunTrust Robinson Humphrey, Inc. Document filed by SunTrust Robinson Humphrey, Inc.(Hunter, Fraser)
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Filing 93
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Stifel Financial Corp. for Stifel Nicholaus & Company, Incorporated. Document filed by Stifel Nicholaus & Company, Incorporated.(Hunter, Fraser)
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Filing 92
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SWS Group Inc for Southwest Securities, Inc.. Document filed by Southwest Securities, Inc..(Hunter, Fraser)
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Filing 91
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Societe Generale for SG Americas Securities LLC. Document filed by SG Americas Securities LLC.(Hunter, Fraser)
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Filing 90
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Banco Santander, S.A. for Santander Investment Securities, Inc.. Document filed by Santander Investment Securities, Inc..(Hunter, Fraser)
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Filing 89
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AllianceBernstein Holding LP for Sanford C. Bernstein & Co. LLC. Document filed by Sanford C. Bernstein & Co. LLC.(Hunter, Fraser)
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Filing 88
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morgan Stanley & Co. LLC.(Hunter, Fraser)
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Filing 87
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mizuho Securities Co., Ltd. for Mizuho Securities USA Inc.. Document filed by Mizuho Securities USA Inc..(Hunter, Fraser)
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Filing 86
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Merrill Lynch & Co., Inc. for Merrill Lynch Pierce Fenner & Smith Incorporated. Document filed by Merrill Lynch Pierce Fenner & Smith Incorporated.(Hunter, Fraser)
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Filing 85
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MacQuarie Group Limited for Macquarie Capital (USA) Inc.. Document filed by Macquarie Capital (USA) Inc..(Hunter, Fraser)
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Filing 84
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KeyCorp for KeyBanc Capital Markets Inc. Document filed by KeyBanc Capital Markets Inc.(Hunter, Fraser)
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Filing 83
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KBW Inc. for Keefe Bruyette & Woods, Inc.. Document filed by Keefe Bruyette & Woods, Inc..(Hunter, Fraser)
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Filing 82
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Goldman Sachs Group, Inc. for Goldman & Sachs & Co. Document filed by Goldman & Sachs & Co.(Hunter, Fraser)
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Filing 81
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Gleacher & Company, Inc. for Gleacher & Company Securities, Inc.. Document filed by Gleacher & Company Securities, Inc..(Hunter, Fraser)
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Filing 80
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SAR Holdings, Inc. for Samuel A. Ramirez & CO., Inc.. Document filed by Samuel A. Ramirez & CO., Inc..(Hunter, Fraser)
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Filing 79
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DB U.S. Financial Markets Holding Corporation for Deutsche Bank Securties Inc.. Document filed by Deutsche Bank Securties Inc..(Hunter, Fraser)
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Filing 78
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Royal Bank of Scotland Group plc for RBS Securities Inc.. Document filed by RBS Securities Inc..(Hunter, Fraser)
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Filing 77
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate National Nominees Limited, Other Affiliate HSBC Custody Nominees, Other Affiliate JP Morgan Nominees Australia Limited for National Australia Bank Limited. Document filed by National Australia Bank Limited.(Hunter, Fraser)
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Filing 76
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Daiwa Capital Markets America Holdings Inc for Daiwa Capital Markets America Inc.. Document filed by Daiwa Capital Markets America Inc..(Hunter, Fraser)
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Filing 75
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cowen Group, Inc. for Cowen & Company, L.L.C.. Document filed by Cowen & Company, L.L.C..(Hunter, Fraser)
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Filing 74
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cantor Fitzgerald, L.P. for Cantor Fitzgerald & Co.. Document filed by Cantor Fitzgerald & Co..(Hunter, Fraser)
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Filing 73
NOTICE OF APPEARANCE by Keith Bradley on behalf of Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC. (Bradley, Keith)
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Filing 72
NOTICE OF APPEARANCE by Jacob David Zetlin-Jones on behalf of Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC. (Zetlin-Jones, Jacob)
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Filing 71
NOTICE OF APPEARANCE by Michael G. Bongiorno on behalf of Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., SG Americas Securities LLC, Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UBS Securities LLC, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC. (Bongiorno, Michael)
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Filing 70
NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of Merrill Lynch Pierce Fenner & Smith Incorporated, SG Americas Securities LLC, UBS Securities LLC, Cantor Fitzgerald & Co., Cowen & Company, L.L.C., Daiwa Capital Markets America Inc., Deutsche Bank Securties Inc., Gleacher & Company Securities, Inc., Goldman & Sachs & Co, Keefe Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Macquarie Capital (USA) Inc., Mizuho Securities USA Inc., Morgan Stanley & Co. LLC, National Australia Bank Limited, RBS Securities Inc., Samuel A. Ramirez & CO., Inc., Sanford C. Bernstein & Co. LLC, Santander Investment Securities, Inc., Southwest Securities, Inc., Stifel Nicholaus & Company, Incorporated, SunTrust Robinson Humphrey, Inc, UniCredit Capital Markets, Inc., Wells Fargo Securities, LLC. (Hunter, Fraser)
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Filing 69
AMENDED SCHEDULING ORDER: Defendants shall answer, mover or otherwise respond to the Consolidated Class Action Complaint by January 11, 2012; Lead Plaintiff shall file and serve any opposition to any motion to dismiss by February 15, 2012; Defendants shall file and serve any reply by March 2, 2012; and This Court will hear oral argument on March 28, 2012 at 2:30 p.m. (Motions due by 1/11/2012. Responses due by 2/15/2012, Replies due by 3/2/2012, Oral Argument set for 3/28/2012 at 02:30 PM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 12/20/2011) (djc)
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Filing 68
WAIVER OF SERVICE RETURNED EXECUTED. SG Americas Securities LLC waiver sent on 10/6/2011, answer due 12/5/2011. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 67
WAIVER OF SERVICE RETURNED EXECUTED. William P. Boardman waiver sent on 10/6/2011, answer due 1/11/2012; Frank Paul Bramble, Sr waiver sent on 10/6/2011, answer due 1/11/2012; Virgis William Colbert waiver sent on 10/6/2011, answer due 1/11/2012; Charles K. Gifford, Jr waiver sent on 10/6/2011, answer due 1/11/2012; Charles Otis Holliday, Jr waiver sent on 10/6/2011, answer due 1/11/2012; Monica C. Lozano waiver sent on 10/6/2011, answer due 1/11/2012; Thomas John May waiver sent on 10/6/2011, answer due 1/11/2012; Thomas Michael Ryan waiver sent on 10/6/2011, answer due 1/11/2012; Robert W. Scully waiver sent on 10/6/2011, answer due 1/11/2012. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 66
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. UBS Securities LLC served on 9/30/2011, answer due 10/21/2011. Service was accepted by Cynthia Walshe. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 65
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Pricewaterhousecoopers LLP served on 9/26/2011, answer due 1/11/2012. Service was accepted by Shelley Alleyne. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Filing 64
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Merrill Lynch Pierce Fenner & Smith Incorporated served on 9/26/2011, answer due 10/17/2011. Service was accepted by Jenny Lee. Document filed by Pennsylvania Public School Employees' Retirement System. (Ban, William)
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Set/Reset Deadlines: Bank of America Corporation answer due 1/11/2012; William P. Boardman answer due 1/11/2012; Frank Paul Bramble, Sr answer due 1/11/2012; Virgis William Colbert answer due 1/11/2012; Neil Cotty answer due 1/11/2012; Countrywide Financial Corporation answer due 1/11/2012; Charles K. Gifford, Jr answer due 1/11/2012; Charles Otis Holliday, Jr answer due 1/11/2012; Kenneth D Lewis answer due 1/11/2012; Monica C. Lozano answer due 1/11/2012; Thomas John May answer due 1/11/2012; Brian T. Moynihan answer due 1/11/2012; Charles H. Noski answer due 1/11/2012; Joseph L. Price answer due 1/11/2012; Pricewaterhousecoopers LLP answer due 1/11/2012; Thomas Michael Ryan answer due 1/11/2012; Robert W. Scully answer due 1/11/2012. (djc)
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Filing 63
STIPULATION AND ORDER: 1. Defendants shall have until January 11, 2012 to answer, move or otherwise respond to the Consolidated Class Action Complaint filed on September 23, 2011; 2. Lead Plaintiff shall file and serve any opposition to any motions to dismiss by March 16, 2012; 3. Defendants shall file and serve any reply papers by April 27, 2012; 4. This is the first request for an extension of time to file motions to dismiss. ( Motions due by 1/11/2012, Responses due by 3/16/2012, Replies due by 4/27/2012.) (Signed by Judge William H. Pauley, III on 11/3/2011) (djc)
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Filing 62
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers LLP.(Weiss, Diana)
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Filing 61
NOTICE OF APPEARANCE by Diana L. Weiss on behalf of Pricewaterhousecoopers LLP (Weiss, Diana)
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Filing 60
NOTICE OF APPEARANCE by James J. Capra, Jr on behalf of Pricewaterhousecoopers LLP (Capra, James)
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Filing 59
CONSOLIDATED CLASS ACTION COMPLAINT amending # 1 Complaint against Bank of America Corporation, Kenneth D Lewis, Brian T. Moynihan, Charles H. Noski, Joseph L. Price, Neil Cotty, William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Monica C. Lozano, Thomas John May, Thomas Michael Ryan, Robert W. Scully, Pricewaterhousecoopers LLP with JURY DEMAND.Document filed by Pennsylvania Public School Employees' Retirement System. Related document: # 1 Complaint filed by Pipefitters Local No. 636 Defined Benefit Plan.(mro)
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SUMMONS ISSUED as to Bank of America Corporation, William P. Boardman, Frank Paul Bramble, Sr, Virgis William Colbert, Neil Cotty, Charles K. Gifford, Jr, Charles Otis Holliday, Jr, Kenneth D Lewis, Monica C. Lozano, Thomas John May, Brian T. Moynihan, Charles H. Noski, Joseph L. Price, Pricewaterhousecoopers LLP, Thomas Michael Ryan, Robert W. Scully. (mro)
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Filing 58
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/18/2011 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)
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Filing 57
TRANSCRIPT of Proceedings re: Conference held on 5/18/2011 before Judge William H. Pauley, III. 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 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly)
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Filing 56
MEMORANDUM AND ORDER granting re: (7 in 1:11-cv-00733-WHP) MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff, and Barrack, Rodos & Bacine is appointed lead counsel. These actions are consolidated under the caption Pennsylvania Public School Employees' Retirement System v. Bank of America Corp, et al. (Signed by Judge William H. Pauley, III on 6/20/11) (cd)
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Filing 55
SCHEDULING ORDER: Counsel for all parties having appeared for a conference with this Court on May 18, 2011, the following schedule is established on consent: 1. The lead plaintiff shall file and serve a consolidated amended complaint by September 23, 2011; 2. Defendants may file and serve their motions to dismiss by November 4, 2011; 3. Plaintiffs shall file and serve their opposition by December 16, 2011; 4. Defendants may file and serve any reply by January 6, 2012; 5. This Court will hear oral argument on January 27, 2012, at 11:00 a.m. Amended Pleadings due by 9/23/2011. Motions due by 11/4/2011. Responses due by 12/16/2011. Replies due by 1/6/2012. Oral Argument set for 1/27/2012 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/19/11) (rjm)
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Filing 54
NOTICE OF APPEARANCE by Rachel Ann Avan on behalf of Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden (Avan, Rachel)
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Filing 53
NOTICE OF APPEARANCE by Michael Walter Stocker on behalf of Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden (Stocker, Michael)
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Filing 52
NOTICE OF APPEARANCE by Christopher J. Keller on behalf of Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden (Keller, Christopher)
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Filing 51
NOTICE OF APPEARANCE by Roger W Kirby on behalf of Local 338 Funds (Kirby, Roger)
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Filing 50
NOTICE OF APPEARANCE by David A. Bishop on behalf of Local 338 Funds (Bishop, David)
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CASHIERS OFFICE REMARK on # 35 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/21/2011, Receipt Number 4723. (jd)
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Filing 49
ORDER FOR ADMISSION PRO HAC VICE Mark R. Rosen PRO HAC VICE for Pennsylvania Public School Employees' Retirement System. (Signed by Judge William H. Pauley, III on 5/2/11) (cd)
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Filing 48
AMENDED ORDER FOR INITIAL PRETRIAL CONFERENCE Initial Conference set for 5/18/2011 at 05:15 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III, as further set forth in this document. (Signed by Judge William H. Pauley, III on 5/2/11) (cd)
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Filing 47
DECLARATION of Geoffrey C. Jarvis in Support re: # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-G)(Jarvis, Geoffrey)
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Filing 46
REPLY MEMORANDUM OF LAW in Support re: # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Jarvis, Geoffrey)
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Filing 45
CERTIFICATE OF SERVICE of Reply Memorandum of Law of the Pennsylvania Public School Employees' Retirement System in Further Support of its Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Choice of Lead Counsel and in Oppsition to Competing Motions, and the Declaration of Rickard Poppelman served on All Counsel on 5/2/11. Document filed by Pennsylvania Public School Employees' Retirement System. (Barrack, Jeffrey)
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Filing 44
DECLARATION of Rickard Poppelman in Support re: # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Pennsylvania Public School Employees' Retirement System. (Barrack, Jeffrey)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Pennsylvania Public School Employees' Retirement System. (Barrack, Jeffrey)
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Filing 42
REPLY MEMORANDUM OF LAW in Support re: # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s).. Document filed by Local 338 Funds. (Press, Ira)
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Filing 41
RESPONSE to Motion re: # 14 MOTION to Appoint Pipefitters Local No. 636 Defined Benefit Plan to serve as lead plaintiff(s)., # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s)., # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s)., # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Bank of America Corporation, Brian T. Moynihan, Charles H. Noski. (Kasner, Jay)
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Filing 40
NOTICE OF APPEARANCE by Ira M. Press on behalf of Local 338 Funds (Press, Ira)
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Filing 39
NOTICE OF APPEARANCE by Surya Palaniappan on behalf of Local 338 Funds (Palaniappan, Surya)
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Filing 38
STATUS REPORT. Report of Counsel in Response to April 15, 2011 Order, Document filed by Bank of America Corporation, Brian T. Moynihan, Charles H. Noski. (Attachments: # 1 Exhibit A)(Kasner, Jay)
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Filing 37
NOTICE OF APPEARANCE by Andrew Martin McNeela on behalf of Local 338 Funds (McNeela, Andrew)
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Filing 36
FILING ERROR - DEFICIENT DOCKET ENTRY - (FILED IN ERROR) - NOTICE OF APPEARANCE by Ira M. Press on behalf of Local 338 Funds (Press, Ira) Modified on 5/2/2011 (lb).
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Filing 35
MOTION for Mark R. Rosen to Appear Pro Hac Vice. Document filed by Pennsylvania Public School Employees' Retirement System.(mbe)
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Filing 34
CERTIFICATE OF SERVICE of Memorandum of Law of the Pennsylvania Public School Employees' Retirement System in Further Support of its Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Choice of Lead Counsel and in Opposition to Competing Motions, and supporting Declaration of Mark R. Rosen with exhibis served on All Counsel on 4/21/11. Document filed by Pennsylvania Public School Employees' Retirement System. (Barrack, Jeffrey)
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Filing 33
DECLARATION of Mark R. Rosen in Support re: # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Pennsylvania Public School Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Part 1), # 3 Exhibit B (Part 2), # 4 Exhibit B (Part 3), # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Barrack, Jeffrey)
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Filing 32
MEMORANDUM OF LAW in Opposition re: # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s)., # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s). and in Support of the Pennsylvania Public School Employees' Retirement System's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Choice of Lead Counsel . Document filed by Pennsylvania Public School Employees' Retirement System. (Barrack, Jeffrey)
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Filing 31
DECLARATION of the Funds Group in Support re: # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Keller, Christopher)
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Filing 30
DECLARATION of Michael W. Stocker in Opposition re: # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s)., # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Stocker, Michael)
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Filing 29
CERTIFICATE OF SERVICE of Notice of Withdrawal of Forsta-AP Fonden from Motion of Institutional Investor Group for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel served on All Counsel on 4/21/11. Document filed by Forsta AP-Fonden. (Barrack, Jeffrey)
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Filing 28
NOTICE of Withdrawal of Forsta AP-Fonden from Motion of Institutional Investor Group for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel re: # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Forsta AP-Fonden. (Barrack, Jeffrey)
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Filing 27
MEMORANDUM OF LAW in Opposition re: # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s)., # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Keller, Christopher)
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Filing 26
MEMORANDUM OF LAW in Opposition re: # 14 MOTION to Appoint Pipefitters Local No. 636 Defined Benefit Plan to serve as lead plaintiff(s)., # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s)., # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Local 338 Funds. (Press, Ira)
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Filing 25
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/5/2011 at 05:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. So Ordered (Signed by Judge William H. Pauley, III on 4/15/2011) (js)
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Filing 24
NOTICE of Withdrawal of the Motion of Pipefitters Local No. 636 Defined Benefit Plan for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel re: # 14 MOTION to Appoint Pipefitters Local No. 636 Defined Benefit Plan to serve as lead plaintiff(s).. Document filed by Pipefitters Local No. 636 Defined Benefit Plan. (Rosenfeld, David)
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Filing 23
ENDORSED LETTER addressed to Judge William H. Pauley from Jay B. Kasner dated 4/8/11 re: counsel for defendant Bank of America Corporation and the individual defendants in the above-captioned action. We write pursuant to this Court's order dated March 9, 2011 (Docket Entry 5) scheduling a pre-trial conference for April 15, 2011 and writes that there are currently four pending motions for the appointment of lead plaintiff and lead counsel. Accordingly, in light of the above, we respectfully submit that it is premature to submit a case management plan. ENDORSEMENT: Application granted. The conference scheduled for April 15 is adjourned to May 5, 2011, at 5:00 p.m.( Initial Conference set for 5/5/2011 at 05:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/13/11) (pl) Modified on 4/13/2011 (pl).
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Filing 22
CERTIFICATE OF SERVICE of Report of Counsel served on All Counsel on 4/8/11. Document filed by Institutional Investor Group. (Barrack, Jeffrey)
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Filing 21
STATUS REPORT. Report of Counsel in Response to March 9, 2011 Order Document filed by Institutional Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barrack, Jeffrey)
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Filing 20
AFFIDAVIT of Ira Press in Support re: # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s).. Document filed by Local 338 Funds. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Press, Ira)
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Filing 19
MEMORANDUM OF LAW in Support re: # 17 MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s). MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216. MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s).. Document filed by Local 338 Funds. (Press, Ira)
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Filing 18
CERTIFICATE OF SERVICE of Motion of Pipefitters Local No. 636 Defined Benefit Plan to Serve as Lead Plaintiff, and related documents served on Institutional Investor Group, Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV on 4/4/11. Document filed by Pipefitters Local No. 636 Defined Benefit Plan. (Rosenfeld, David)
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Filing 17
MOTION to Appoint Local 338 Funds to serve as lead plaintiff(s)., MOTION to Consolidate Cases 1:11-cv-0733, 1:11-cv-1982, 1:11-cv-2216., MOTION to Approve Lead Plaintiff's Selection of Lead Counsel. Document filed by Local 338 Funds.(Press, Ira)
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Filing 16
DECLARATION of David A. Rosenfeld in Support re: # 14 MOTION to Appoint Pipefitters Local No. 636 Defined Benefit Plan to serve as lead plaintiff(s).. Document filed by Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Exhibit A - Notice, # 2 Exhibit B - Loss Chart, # 3 Exhibit C - Robbins Geller Firm Resume)(Rosenfeld, David)
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Filing 15
MEMORANDUM OF LAW in Support re: # 14 MOTION to Appoint Pipefitters Local No. 636 Defined Benefit Plan to serve as lead plaintiff(s).. Document filed by Pipefitters Local No. 636 Defined Benefit Plan. (Rosenfeld, David)
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Filing 14
MOTION to Appoint Pipefitters Local No. 636 Defined Benefit Plan to serve as lead plaintiff(s). Document filed by Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Exhibit A - Proposed Order)(Rosenfeld, David)
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Filing 13
DECLARATION of Geoffrey C. Jarvis in Support re: # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Jarvis, Geoffrey)
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Filing 12
MEMORANDUM OF LAW in Support re: # 11 MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s).. Document filed by Arkansas Teacher Retirement System, KBC Asset Management NV, Sjunde Ap-Fonden. (Jarvis, Geoffrey)
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Filing 11
MOTION to Appoint Sjunde AP-Fonden, Arkansas Teacher Retirement System, and KBC Asset Management NV to serve as lead plaintiff(s). Document filed by Sjunde Ap-Fonden, Arkansas Teacher Retirement System, KBC Asset Management NV.(Jarvis, Geoffrey)
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Filing 10
CERTIFICATE OF SERVICE of Motion of the Institutional Investor Group, Memorandum of Law and Declaration in Support of Consolidation, Appointment as Lead Plaintiff, and Approval of Lead Plaintiff's Choice of Lead Counsel served on Pipefitters Local No. 636 Defined Benefit Plan on 4/4/11. Document filed by Institutional Investor Group. (Barrack, Jeffrey)
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Filing 9
DECLARATION of Mark R. Rosen in Support re: # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Institutional Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barrack, Jeffrey)
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Filing 8
MEMORANDUM OF LAW in Support re: # 7 MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s).. Document filed by Institutional Investor Group. (Barrack, Jeffrey)
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Filing 7
MOTION to Appoint Institutional Investor Group comprised of Pennsylvania Public School Employees' Retirement System and Forsta AP-Fonden to serve as lead plaintiff(s). Document filed by Institutional Investor Group.(Barrack, Jeffrey)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank of America Corporation.(Kasner, Jay)
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Filing 5
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/15/2011 at 04:30 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/9/11) (cd)
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Filing 4
NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Bank of America Corporation, Brian T. Moynihan, Charles H. Noski (Musoff, Scott)
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Filing 3
NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Bank of America Corporation, Brian T. Moynihan, Charles H. Noski (Kasner, Jay)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David Avi Rosenfeld for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document # 1 Complaint, # 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (mro)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pipefitters Local No. 636 Defined Benefit Plan.(mro) (ama).
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Filing 1
COMPLAINT against Bank of America Corporation, Brian T. Moynihan, Charles H. Noski. (Filing Fee $ 350.00, Receipt Number 928468)Document filed by Pipefitters Local No. 636 Defined Benefit Plan.(mro) (ama).
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SUMMONS ISSUED as to Bank of America Corporation, Brian T. Moynihan, Charles H. Noski. (mro)
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Case Designated ECF. (mro)
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Magistrate Judge Gabriel W. Gorenstein is so designated. (mro)
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