Federal Housing Finance Agency v. HSBC North America Holdings Inc. et al
Plaintiff: Federal Housing Finance Agency and The Federal Home Loan Mortgage Corporation
Defendant: RBS Securities, Inc., Deutsche Bank Securities Inc., Deutche Bank AG, Gerard Mattia, Ally Financial Inc., DB Structured Products, Inc., HSBC Securities (USA) Inc., Mortgageit Securities Corp., GMAC Mortgage Group, Inc., HSI Asset Securitization Corporation, HSBC Markets (USA) Inc., Todd White, Taunus Corporation, Neal Leonard, Norman Chaleff, HSBC USA Inc., HSBC Bank USA. N.A., John Voigtman, HSBC North America Holdings Inc. and Ace Securities Corp.
Intervenor Plaintiff: Roger Mauermann
Case Number: 1:2011cv06189
Filed: September 2, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Denise L Cote
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 19, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2017 Filing 972 SEALED MATERIALS RETRIEVED: Document(s) 869, 787, 881, 903, 940 and 954 were retrieved on 10/18/2017.(mps)
October 10, 2017 Filing 971 SEALED MATERIALS RETRIEVED: Document(s) 695, 739 and 880 were retrieved on 10/10/2017.(mps)
September 26, 2017 Filing 970 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 869, 878, 881, 903, 940 and 954 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/26/2017. (mps)
September 26, 2017 Filing 969 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 695, 739 and 880 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/26/2017. (mps)
September 18, 2014 Filing 968 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE. (Signed by Judge Denise L. Cote on 9/17/2014) (gr)
September 17, 2014 Filing 967 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
September 15, 2014 Opinion or Order Filing 966 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and Damien J. Marshall dated 9/2/2014 re: Parties' jointly write to inform the Court that the Parties have agreed in principle...to settle the case. The Parties therefore respectfully request a stay of proceedings in the Action until Monday, September 15, 2014. ENDORSEMENT: The stay request is granted. Docketing of this Order is delayed to 9/15/14. (Signed by Judge Denise L. Cote on 9/3/2014) (gr)
September 15, 2014 Opinion or Order Filing 965 ORDER GRANTING THE PARTIES' JOINT MOTION TO STAY PROCEEDINGS until 10/3/2014, and the Action shall remain stayed pending the joint submission of a stipulation of voluntary dismissal with prejudice, but in no event stayed beyond 10/3/2014 without further approval by the Court. (Signed by Judge Denise L. Cote on 9/15/2014) (gr)
September 12, 2014 Filing 964 JOINT MOTION to Stay . Document filed by Federal Housing Finance Agency. (Attachments: #1 Text of Proposed Order)(Selendy, Philippe)
September 11, 2014 Filing 963 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/27/14 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...(McGuirk, Kelly)
September 11, 2014 Filing 962 TRANSCRIPT of Proceedings re: conference held on 8/27/2014 before Judge Denise L. Cote. 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 10/6/2014. Redacted Transcript Deadline set for 10/17/2014. Release of Transcript Restriction set for 12/15/2014.(McGuirk, Kelly)
September 4, 2014 Opinion or Order Filing 961 MEMORANDUM OPINION & ORDER: An Opinio0n of August 25, 2014 denied a motion to intervene filed by Roger Mauermann ("Mauermann"). FHFA v. HSBC North America Holdings Inc. Through a motion of September 4, Mauermann seeks reconsideration of that Opinion. For the reasons set forth in the Memorandum Opinion & Order, his motion for reconsideration is denied. (Signed by Judge Denise L. Cote on 9/4/2014) (gr)
September 4, 2014 Filing 960 ENDORSED LETTER addressed to Judge Denise L. Cote Jordan A Goldstein; Andrew Z Michaelson dated September 2, 2014 re: FHFA v. HSBC N. Am. Holdings Inc., No. 11 Civ. 6189 (DLC) (S.D.N.Y.) ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 9/3/2014) (gr)
September 4, 2014 Filing 959 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 29, 2014 re: Proposed redaction schedule for reply brief filed August 29, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/3/2014) (gr)
September 4, 2014 Filing 958 ENDORSED LETTER addressed to Judge Denise L. Cote from HSBC and FHFA dated 8/29/2014 re: Proposed Redactions to Kilpatrick and Epley Daubert Motions. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 9/3/2014) (gr)
September 4, 2014 Filing 957 MOTION for Reconsideration re; #938 Memorandum & Opinion, . Document filed by Roger Mauermann.(Sanchez-Calderon, William)
September 2, 2014 Filing 956 STIPULATION REGARDING OPPOSITIONS TO DAUBERT MOTIONS: ENDORSEMENT: Approved (Signed by Judge Denise L. Cote on 9/2/2014) (gr)
September 2, 2014 Filing 955 ENDORSED LETTER addressed to Judge Denise L. Cote from FHFA and HSBC dated 08/29/2014 re: Proposed Redactions to Cohen-Cole and Ryan Daubert Motions. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 9/2/2014) (gr)
September 2, 2014 Filing 954 SEALED DOCUMENT placed in vault.(mps)
September 2, 2014 Filing 953 LETTER addressed to Judge Denise L. Cote from Jordan A Goldstein; Andrew Z Michaelson dated September 2, 2014 re: FHFA v. HSBC N. Am. Holdings Inc., No. 11 Civ. 6189 (DLC) (S.D.N.Y.). Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 29, 2014 Filing 952 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 29, 2014 re: Proposed redaction schedule for reply brief filed August 29, 2014. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Michaelson, Andrew)
August 29, 2014 Filing 951 JOINT LETTER addressed to Judge Denise L. Cote from HSBC and FHFA dated 8/29/2014 re: Proposed Redactions to Kilpatrick and Epley Daubert Motions. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Michaelson, Andrew)
August 29, 2014 Filing 950 JOINT LETTER addressed to Judge Denise L. Cote from FHFA and HSBC dated 08/29/2014 re: Proposed Redactions to Cohen-Cole and Ryan Daubert Motions. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 28, 2014 Opinion or Order Filing 949 OPINION & ORDER #104661: Defendants' June 20, 2014 motions for summary judgment concerning the applicable statutes of repose and requests for Section 1292(b) certification on this issue are denied. (Signed by Judge Denise L. Cote on 8/28/2014) (gr) Modified on 9/2/2014 (ca).
August 27, 2014 Opinion or Order Filing 948 ORDER: In letters of August 22, 25, and 27 the parties raise a dispute concerning the schedule in "FHFA v. Nomura Holding America, Inc.", 11cv6201 (DLC). It is hereby ORDERED that a telephone conference will be held with the parties to address this issue on August 27, 2014 at 5:30 PM. (Signed by Judge Denise L. Cote on 8/27/2014) (gr)
August 27, 2014 Filing 947 ENDORSED LETTER addressed to Judge Denise L. Cote from Jordan Goldstein dated August 27, 2014 re: Request that the Court provide the parties until August 29, 2014, to meet and confer regarding proposed redactions, and jointly submit to the Court a list of proposed redactions (if any) on September 2, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/27/2014) (gr)
August 27, 2014 Filing 946 LETTER addressed to Judge Denise L. Cote from Jordan Goldstein dated August 27, 2014 re: FHFA v. HSBC N. Am. Holdings, Inc., 11 Civ. 6189 (DLC). Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 27, 2014 Filing 945 MOTION in Limine Notice of Plaintiff FHFAs Motion to Exclude the Opinions and Testimony of Defendants Expert Walter Torous. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 26, 2014 Filing 944 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 25, 2014 re: Proposing Redactions to FHFA's Submission on Limitations ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/26/2014) (gr)
August 26, 2014 Opinion or Order Filing 943 ORDER: As the trial in the above-captioned action begins on September 29, 2014, a venire of 125 persons will be called on September 24 to complete a questionnaire that will address, among other things, the expected length of the trial. Attached is the questionnaire used in New York State Common Ret. Fund v. Arthur Andersen LLP, 02cv3288 (S.D.N.Y.) (DLC). It is herebyORDERED that the parties shall submit, by September 19, a proposed questionnaire for the venire that principally addresses hardship from the expected length of the trial. (Signed by Judge Denise L. Cote on 8/26/2014) (gr)
August 25, 2014 Filing 942 MOTION for Partial Summary Judgment on the Statute of Limitations. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 25, 2014 Filing 941 LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 25, 2014 re: Proposing Redactions to FHFA's Submission on Limitations. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 25, 2014 Filing 940 SEALED DOCUMENT placed in vault.(rz)
August 25, 2014 Filing 939 NOTICE OF APPEARANCE by Jack G. Stern on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Stern, Jack)
August 25, 2014 Opinion or Order Filing 938 OPINION AND ORDER #104644....For the reasons set forth in the Opinion And Order, Mauermann's August 18, 2014 motion for leave to intervene is denied. His August 21, 2014 request for oral argument is denied as moot. (Signed by Judge Denise L. Cote on 8/25/2014) (gr) Modified on 8/26/2014 (ca).
August 25, 2014 Filing 937 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 08/22/2014 re: Proposed Redaction Schedule for Daubert Motions. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/25/2014) (gr)
August 25, 2014 Filing 936 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 22, 2014 re: Proposed redaction schedule for motions filed on August 22, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/25/2014) (gr)
August 25, 2014 Opinion or Order Filing 935 ORDER granting #896 Motion for William Charlie Price to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
August 25, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #900 MOTION for William Jose Sanchez-Calderon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10007797. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 25, 2014 Opinion or Order ORDER granting #900 Granting Pro Hac Motion for William Jose Sanchez-Calderon. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
August 22, 2014 Filing 934 MOTION in Limine Notice of Plaintiff FHFA's Motion to Exclude the Opinions and Testimony of Defendants' Expert Frank Lucco and Response to HSBC Defendants' Motion to Exclude Testimony of FHFA Expert John A. Kilpatrick Ph.D. Concerning Valuation Due Diligence. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 22, 2014 Filing 933 MOTION in Limine Notice of Plaintiff FHFA's Motion to Exclude the Opinions and Testimony of Defendants' Expert Charles Grice. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 22, 2014 Filing 932 MOTION in Limine Notice of Plaintiff FHFA's Motion to Exclude Re-Underwriting-Related Expert Testimony and Opinions of Charles H. Grice. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 22, 2014 Filing 931 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 08/22/2014 re: Proposed Redaction Schedule for Daubert Motions. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 22, 2014 Filing 930 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 22, 2014 re: Proposed redaction schedule for motions filed on August 22, 2014. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Michaelson, Andrew)
August 22, 2014 Opinion or Order Filing 929 ORDER...FHFAs request for redactions of this material is granted. To the extent the parties dispute these redactions, they may renew their requests for public filing after the Court resolves the August 5 motions. (Signed by Judge Denise L. Cote on 8/22/2014) (gr)
August 22, 2014 Filing 928 ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence T. Gresser dated August 20, 2014 re: Proposed Redactions. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/22/2014) (gr)
August 21, 2014 Filing 927 MOTION for Oral Argument on Notice of Motion and Motion to Intervene. Document filed by Roger Mauermann.(Sanchez-Calderon, William)
August 21, 2014 Filing 926 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8.21.14 re: Response to Defendants August 19, 2014 Letter Enclosing W.D. Tex. Decisions. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 21, 2014 Filing 925 NOTICE OF APPEARANCE by William Jose Sanchez-Calderon on behalf of Roger Mauermann. (Sanchez-Calderon, William)
August 20, 2014 Filing 924 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8.20.14 re: Schedule to Submit Proposed Requests to Charge by September 12, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/20/2014) (gr)
August 20, 2014 Filing 923 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/19/2014 requesting that the Court reopen the schedule for filing dispositive motions in these consolidated actions to permit FHFA's securities law claims. ENDORSEMENT: The application is granted, with the following exception: the opposition brief in the Numura action is due Sept. 15, and the reply in that action is due Sept. 29. (Signed by Judge Denise L. Cote on 8/20/2014) (gr)
August 20, 2014 Filing 922 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 20, 2014 re: FHFA's August 19, 2014 request to reopen the summary judgment briefing schedule (redacted for public filing). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A (redacted), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Michaelson, Andrew)
August 20, 2014 Filing 921 NOTICE OF APPEARANCE by David Lingard on behalf of Federal Housing Finance Agency. (Lingard, David)
August 20, 2014 Filing 920 JOINT LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8.20.14 re: Schedule to Submit Proposed Requests to Charge. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 20, 2014 Filing 919 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 20, 2014 re: FHFA's Letter of August 19, 2014 from Sascha Rand. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Michaelson, Andrew)
August 19, 2014 Filing 918 LETTER addressed to Judge Denise L. Cote from Amanda F. Davidoff dated August 19, 2014 re: FHFA's Letter of August 19, 2014 from Philippe Selendy. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B)(Michaelson, Andrew)
August 19, 2014 Filing 917 LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated 08/19/2014 re: Daubert briefing schedule. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A)(Rand, Sascha)
August 19, 2014 Filing 916 LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 19, 2014 re: Tenth Circuit NCUA v. Nomura Remand Decision. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A)(Selendy, Philippe)
August 19, 2014 Filing 915 INTERVENOR COMPLAINT against Ace Securities Corp., Ally Financial Inc., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., GMAC Mortgage Group, Inc., HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, John Voigtman, Todd White.Document filed by Roger Mauermann. (Attachments: #1 Exhibit A)(Sanchez-Calderon, William)
August 19, 2014 Filing 914 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/18/2014 re: Proposed Redaction Schedule for Daubert Motions. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/19/2014) (gr)
August 19, 2014 Filing 913 MEMORANDUM OF LAW in Support re: #912 MOTION to Intervene . . Document filed by Roger Mauermann. (Sanchez-Calderon, William)
August 19, 2014 Filing 912 MOTION to Intervene . Document filed by Roger Mauermann.(Sanchez-Calderon, William)
August 19, 2014 Filing 911 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8.19.14 Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 19, 2014 ***NOTICE TO ATTORNEY REGARDING DEFICIENT INTERVENOR COMPLAINT. Notice to Attorney William Sanchez-Calderon RE: Document No. #902 Intervenor Complaint. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST. Re-file the document and select the correct party you are filing against. (laq)
August 19, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney William Jose Sanchez-Calderon to RE-FILE Document #901 MOTION to Intervene . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
August 18, 2014 Filing 910 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/18/2014 re: Proposed Redaction Schedule for Daubert Motions. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 18, 2014 Filing 909 Objection re: #854 Memorandum of Law in Opposition to Motion, FHFA'S EVIDENTIARY OBJECTIONS TO DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO FHFA'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' DUE DILIGENCE AND REASONABLE CARE DEFENSES. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
August 18, 2014 Filing 908 DECLARATION of Charles Cipione in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Selendy, Philippe)
August 18, 2014 Filing 907 DECLARATION of Julia M. Beskin in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 425, #2 Exhibit 426, #3 Exhibit 427, #4 Exhibit 428, #5 Exhibit 429, #6 Exhibit 430, #7 Exhibit 431, #8 Exhibit 432, #9 Exhibit 433, #10 Exhibit 434, #11 Exhibit 435, #12 Exhibit 436, #13 Exhibit 437, #14 Exhibit 438, #15 Exhibit 439, #16 Exhibit 440, #17 Exhibit 441, #18 Exhibit 442, #19 Exhibit 443, #20 Exhibit 444, #21 Exhibit 445 - Part 1, #22 Exhibit 445 - Part 2, #23 Exhibit 445 - Part 3, #24 Exhibit 446, #25 Exhibit 447, #26 Exhibit 448, #27 Exhibit 449, #28 Exhibit 450, #29 Exhibit 451, #30 Exhibit 452, #31 Exhibit 453, #32 Exhibit 454, #33 Exhibit 455, #34 Exhibit 456, #35 Exhibit 457, #36 Exhibit 458, #37 Exhibit 459, #38 Exhibit 460, #39 Exhibit 461, #40 Exhibit 462, #41 Exhibit 463, #42 Exhibit 464, #43 Exhibit 465, #44 Exhibit 466, #45 Exhibit 467, #46 Exhibit 468, #47 Exhibit 469, #48 Exhibit 470, #49 Exhibit 471, #50 Exhibit 472, #51 Exhibit 473, #52 Exhibit 474, #53 Exhibit 475, #54 Exhibit 476, #55 Exhibit 477, #56 Exhibit 478, #57 Exhibit 479, #58 Exhibit 480, #59 Exhibit 481, #60 Exhibit 482, #61 Exhibit 483, #62 Exhibit 484, #63 Exhibit 485, #64 Exhibit 486, #65 Exhibit 487, #66 Exhibit 488, #67 Exhibit 489, #68 Exhibit 490, #69 Exhibit 491, #70 Exhibit 492, #71 Exhibit 493, #72 Exhibit 494 - Part 1, #73 Exhibit 494 - Part 2, #74 Exhibit 494 - Part 3, #75 Exhibit 495, #76 Exhibit 496, #77 Exhibit 497, #78 Exhibit 498, #79 Exhibit 499, #80 Exhibit 500, #81 Exhibit 501, #82 Exhibit 502, #83 Exhibit 503, #84 Exhibit 504, #85 Exhibit 505, #86 Exhibit 506)(Selendy, Philippe)
August 18, 2014 Filing 906 REPLY re: #858 Counter Statement to Rule 56.1, PLAINTIFF'S REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF'S LOCAL RULE 56.1 STATEMENT OF UNDISPUTED MATERIAL FACTS AND RESPONSE TO DEFENDANTS' STATEMENT OF ADDITIONAL UNDISPUTED MATERIAL FACTS. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
August 18, 2014 Filing 905 REPLY MEMORANDUM OF LAW in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses. . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
August 18, 2014 Filing 904 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 15, 2014 re: Daubert Motions. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/15/2014) (gr)
August 18, 2014 Filing 903 SEALED DOCUMENT placed in vault.(mps)
August 18, 2014 Filing 902 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - INTERVENOR COMPLAINT against All Defendants.Document filed by Roger Mauermann. (Attachments: #1 Exhibit Exhibit A)(Sanchez-Calderon, William)
August 18, 2014 Filing 901 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene . Document filed by Roger Mauermann. (Attachments: #1 Supplement Memorandum of Law in Support of Intervenor's Motion)(Sanchez-Calderon, William) Modified on 8/19/2014 (db).
August 18, 2014 Filing 900 MOTION for William Jose Sanchez-Calderon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10007797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roger Mauermann. (Attachments: #1 Text of Proposed Order Order Pro Hac Vice, #2 Supplement Certificate of Good Standing, #3 Supplement Resume)(Sanchez, William) Modified on 8/18/2014 (sdi). Modified on 8/18/2014 (bcu).
August 18, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #896 MOTION for William Charlie Price to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10006568. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
August 15, 2014 Filing 899 MOTION in Limine NOTICE OF MOTION FOR PLAINTIFF FHFA'S MOTION IN LIMINE TO EXCLUDE THE OPINIONS AND TESTIMONY OF DEFENDANTS' EXPERT ETHAN COHEN-COLE, PH.D. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 15, 2014 Filing 898 MOTION in Limine NOTICE OF PLAINTIFF'S MOTION TO EXCLUDE EXPERT TESTIMONY OF STEPHEN G. RYAN. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 15, 2014 Filing 897 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated August 15, 2014 re: Daubert Motions. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Michaelson, Andrew)
August 15, 2014 Filing 896 MOTION for William Charlie Price to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10006568. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Proposed Order, #2 California - Certificate of Good Standing)(Price, William)
August 15, 2014 Filing 895 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8.14.14 regarding proposed redactions to the Summary Judgment Reply. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/15/2014) (gr)
August 14, 2014 Filing 894 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8.14.14 Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 14, 2014 Filing 893 ENDORSED LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated 8.14.14 re: Extension of Time for Proposed Redactions to Kilpatrick Motion and Discovery Requests. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/14/2014) (gr)
August 14, 2014 Opinion or Order Filing 892 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and Andrew Z. Michaelson dated 08/13/2014 re: proposed redactions to the HSBC Defendants' submissions in opposition to FHFA's Motion for Partial Summary Judgment on Defendants' Due Diligence and Reasonable Care Defenses ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 8/14/2014) (gr)
August 14, 2014 Filing 891 LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated 8.14.14 re: Extension of Time for Proposed Redactions to Kilpatrick Motion and Discovery Requests. Document filed by Federal Housing Finance Agency.(Rand, Sascha)
August 14, 2014 Filing 890 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and Andrew Z. Michaelson dated 08/13/2014 re: proposed redactions to the HSBC Defendants' submissions in opposition to FHFA's Motion for Partial Summary Judgment on Defendants' Due Diligence and Reasonable Care Defenses (redacted for public filing) (corrected). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Dunn, Joseph)
August 13, 2014 Filing 889 NOTICE OF APPEARANCE by Christopher Thomas Cook on behalf of Federal Housing Finance Agency. (Cook, Christopher)
August 13, 2014 Filing 888 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and Andrew Z. Michaelson dated 08/13/2014 re: proposed redactions to the HSBC Defendants' submissions in opposition to FHFA's Motion for Partial Summary Judgment on Defendants' Due Diligence and Reasonable Care Defenses (redacted for public filing). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Dunn, Joseph)
August 12, 2014 Filing 887 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel on behalf of Plaintiff FHFA dated 8/12/2014 re Request that the parties be given until August 14 to submit proposed redactions to the Court: FHFA's request. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 8/12/2014) (gr)
August 12, 2014 Filing 886 LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated 8.12.14 re: Letter from FHFA to Judge Cote re: Kilpatrick Motion Redaction Schedule. Document filed by Federal Housing Finance Agency.(Rand, Sascha)
August 11, 2014 Opinion or Order Filing 885 STIPULATION AND AMENDED SUPPLEMENTAL PRETRIAL SCHEDULING ORDER. (Signed by Judge Denise L. Cote on 8/11/2014) (gr)
August 11, 2014 Filing 884 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 4, 2014 re: Proposing Redactions to Reply Brief Exhibits. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 8/11/2014) (gr)
August 11, 2014 Filing 883 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 4, 2014 re: Page Limits for Reply Brief. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 8/11/2014) (gr)
August 11, 2014 Filing 882 ENDORSED LETTER addressed to Judge Denise L. Cote from Bradley A. Harsch dated August 5, 2014 re: Motion to Exclude Expert Testimony of John A. Kilpatrick, Ph.D. ENDORSEMENT: Granted, nunc pro tunc. (Signed by Judge Denise L. Cote on 8/11/2014) (gr)
August 11, 2014 Filing 881 SEALED DOCUMENT placed in vault.(mps)
August 7, 2014 Filing 880 SEALED DOCUMENT placed in vault.(rz)
August 6, 2014 Filing 879 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 08/06/2014 re: The HSBC Parents' Failure To Comply With The Court's July 28, 2014 Order. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 6, 2014 Filing 878 SEALED DOCUMENT placed in vault.(nm)
August 5, 2014 Filing 877 DECLARATION of Julia M. Beskin in Opposition re: #788 MOTION for Summary Judgment .. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - Part 1, #5 Exhibit 4- Part 2, #6 Exhibit 4 - Part 3, #7 Exhibit 4 - Part 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13 - Part 1, #17 Exhibit 13 - Part 2, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19 - Part 1, #24 Exhibit 19 - Part 2, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30 - Part 1, #36 Exhibit 30 - Part 2, #37 Exhibit 30 - Part 3, #38 Exhibit 30 - Part 4, #39 Exhibit 30 - Part 5, #40 Exhibit 31, #41 Exhibit 32, #42 Exhibit 33, #43 Exhibit 34, #44 Exhibit 35, #45 Exhibit 36, #46 Exhibit 37, #47 Exhibit 38, #48 Exhibit 39, #49 Exhibit 40, #50 Exhibit 41, #51 Exhibit 42, #52 Exhibit 43, #53 Exhibit 44, #54 Exhibit 45, #55 Exhibit 46, #56 Exhibit 47, #57 Exhibit 48, #58 Exhibit 49, #59 Exhibit 50, #60 Exhibit 51, #61 Exhibit 52, #62 Exhibit 53, #63 Exhibit 54, #64 Exhibit 55, #65 Exhibit 56, #66 Exhibit 57, #67 Exhibit 58, #68 Exhibit 59, #69 Exhibit 60, #70 Exhibit 61, #71 Exhibit 62, #72 Exhibit 63, #73 Exhibit 64, #74 Exhibit 65, #75 Exhibit 66, #76 Exhibit 67, #77 Exhibit 68, #78 Exhibit 69, #79 Exhibit 70 - Part 1, #80 Exhibit 70 - Part 2, #81 Exhibit 70 - Part 3, #82 Exhibit 70 - Part 4, #83 Exhibit 70 - Part 5, #84 Exhibit 71 - Part 1, #85 Exhibit 71 - Part 2, #86 Exhibit 71 - Part 3, #87 Exhibit 71 - Part 4, #88 Exhibit 71 - Part 5, #89 Exhibit 72 - Part 1, #90 Exhibit 72 - Part 2, #91 Exhibit 72 - Part 3, #92 Exhibit 72 - Part 4, #93 Exhibit 72 - Part 5, #94 Exhibit 73 - Part 1, #95 Exhibit 73 - Part 2, #96 Exhibit 73 - Part 3, #97 Exhibit 73 - Part 4, #98 Exhibit 73 - Part 5, #99 Exhibit 74 - Part 1, #100 Exhibit 74 - Part 2, #101 Exhibit 74 - Part 3, #102 Exhibit 74 - Part 4, #103 Exhibit 75, #104 Exhibit 76, #105 Exhibit 77, #106 Exhibit 78, #107 Exhibit 79, #108 Exhibit 80, #109 Exhibit 81, #110 Exhibit 82, #111 Exhibit 83, #112 Exhibit 84, #113 Exhibit 85, #114 Exhibit 86, #115 Exhibit 87, #116 Exhibit 88, #117 Exhibit 89, #118 Exhibit 90 - Part 1, #119 Exhibit 90 - Part 2, #120 Exhibit 90 - Part 3, #121 Exhibit 90 - Part 4, #122 Exhibit 91, #123 Exhibit 92, #124 Exhibit 93, #125 Exhibit 94, #126 Exhibit 95)(Selendy, Philippe)
August 5, 2014 Filing 876 MEMORANDUM OF LAW in Opposition re: #788 MOTION for Summary Judgment . . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
August 5, 2014 Filing 875 RESPONSE re: #789 Memorandum of Law in Support of Motion, #788 MOTION for Summary Judgment . PLAINTIFF'S RESPONSE TO DEFENDANTS' LOCAL RULE 56.1 STATEMENT OF MATERIAL FACTS AND PLAINTIFF'S COUNTERSTATEMENT OF MATERIAL FACTS. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
August 5, 2014 Filing 874 LETTER addressed to Judge Denise L. Cote from Sascha N. Rand dated August 4, 2014 re: Expert-related briefing. Document filed by Federal Housing Finance Agency.(Rand, Sascha)
August 4, 2014 Filing 873 REPLY MEMORANDUM OF LAW in Support re: #788 MOTION for Summary Judgment . Control-Person against the HSBC Parents. Document filed by HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc.. (Ware, Michael)
August 4, 2014 Filing 872 LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 4, 2014 re: Proposing Redactions to Reply Brief Exhibits. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 4, 2014 Filing 871 LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated August 4, 2014 re: Page Limits for Reply Brief. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
August 1, 2014 Filing 870 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and John M. Conlon dated 7/30/2014 re: Joint Redaction Requests to FHFA Opposition to HSBC Motion for Summary Judgment On Control. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 8/1/2014) (gr)
August 1, 2014 Filing 869 SEALED DOCUMENT placed in vault.(rz)
July 31, 2014 Filing 868 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/23/14 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...(Rodriguez, Somari)
July 31, 2014 Filing 867 TRANSCRIPT of Proceedings re: ARGUMENT held on 7/23/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Kristen Carannante, (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 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Rodriguez, Somari)
July 30, 2014 Filing 866 JOINT LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 07/30/2014 re: Joint Redaction Requests to FHFA Opposition to HSBC Motion for Summary Judgment On Control. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
July 28, 2014 Opinion or Order Filing 865 ORDER...that FHFAs request is granted and the HSBC Parents are on notice, pursuant to Rule 56(f), that summary judgment may be granted to FHFA on this issue. IT IS FURTHER ORDERED that the HSBC Parents may file a 20-page reply brief on or before August 4, 2014, setting forth any evidence that would prevent the Court from granting summary judgment in FHFAs favor on this issue. (Signed by Judge Denise L. Cote on 7/28/2014) (gr)
July 28, 2014 Filing 864 LETTER addressed to Judge Denise L. Cote from Michael O. Ware dated July 28, 2014 re: Response to FHFA's Request to Order the HSBC Parents to Show Why Summary Judgment Should Not Be Granted in FHFA's Favor on the Issue of Control (ECF#853). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
July 25, 2014 Opinion or Order Filing 863 OPINION & ORDER 104541 re: (657 in 1:11-cv-06198-DLC) MOTION for Partial Summary Judgment on the GSEs' Knowledge filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, (635 in 1:11-cv-06201-DLC) MOTION for Partial Summary Judgment on the GSEs' Knowledge filed by Federal Housing Finance Agency, (853 in 1:11-cv-07010-DLC) MOTION for Partial Summary Judgment on the GSEs' Knowledge filed by Federal Housing Finance Agency, as Conservator for the Federal Home Loan Mortgage Corporation, (662 in 1:11-cv-06189-DLC) MOTION for Partial Summary Judgment on the GSEs' Knowledge filed by Federal Housing Finance Agency: FHFA's April 22, 2014 motion for summary judgment on the element and affirmative defense concerning the GSEs' knowledge is granted. (Signed by Judge Denise L. Cote on 7/25/2014) (tn) Modified on 7/29/2014 (nt).
July 23, 2014 Filing 862 ENDORSED LETTER addressed to Judge Denise L. Cote from Plaintiff Federal Housing Finance Agency dated 7/18/2014 re: additional proposed redactions to the document underlying FHFA privilege log entry 56251. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 7/23/2014) (gr)
July 23, 2014 Minute Entry for proceedings held before Judge Denise L. Cote: Oral Argument held on 7/23/2014. (Court Reporter Kristen Carranante) (gr)
July 22, 2014 Opinion or Order Filing 861 ORDER...HSBC shall serve a more complete version of its July 18 letter on FHFA than it has filed on ECF. HSBC may elect to redact targeted material from the second and fourth paragraphs of that letter before serving it on FHFA. HSBC shall then confer with FHFA regarding the extent to which these pages are responsive to FHFAs document requests and the import of this Courts September 25, 2013 ruling (which addressed the scope of certain FHFA document requests) for this particular document. IT IS FURTHER ORDERED that HSBCs request to withhold these pages on the ground of work-product privilege is denied, except for Item 8, which it may redact. (Signed by Judge Denise L. Cote on 7/22/2014) (gr)
July 22, 2014 Filing 860 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 7/21/2014 re: Proposed redactions to the materials supporting FHFA's Oppostion to the HSBC Parents' Motion for Partial Summary Judgment..... ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/22/2014) (gr)
July 22, 2014 Filing 859 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated 7/21/2014 re: Request that the designated documents attached to the Dunn and Normand Declarations designated by the parties as "confidential" be filed under seal. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/22/2014) (gr)
July 22, 2014 Filing 858 COUNTER STATEMENT TO #831 Rule 56.1 Statement. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Dunn, Joseph)
July 22, 2014 Filing 857 DECLARATION of Edward J. Normand in Opposition re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit (Exhibits redacted for public filing))(Dunn, Joseph)
July 22, 2014 Filing 856 DECLARATION of Jeffrey A. Cohen in Opposition re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit (Exhibits redacted for public filing))(Dunn, Joseph)
July 21, 2014 Filing 855 DECLARATION of Joseph W. Dunn in Opposition re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit (Exhibits redacted for public filing))(Dunn, Joseph)
July 21, 2014 Filing 854 MEMORANDUM OF LAW in Opposition re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses. (Redacted for public filing.). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Dunn, Joseph)
July 21, 2014 Filing 853 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 07/21/2014 re: FHFA's Request to Order the HSBC Parents to Show Why Summary Judgment Should Not Be Granted in FHFA's Favor on the Issue of Control. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
July 21, 2014 Opinion or Order Filing 852 ORDER: Oral argument is to be held on July 23 at 2 p.m. concerning defendants' motions for summary judgment...ORDERED that defendants shall be given 15 minutes in which to make their argument. Defendants may divide this time amongst themselves as they see fit. FHFA shall then be given 15 minutes for argument. If they wish to do so, defendants may reserve up to 5 minutes of their time for rebuttal. (Signed by Judge Denise L. Cote on 7/21/2014) (gr)
July 21, 2014 Filing 851 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 07/21/2014 re: Redactions to FHFA's Opposition to the HSBC Parents' Motion for Summary Judgment on FHFA's Control Claims. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
July 18, 2014 Filing 850 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 0466 (Part 1), #2 Exhibit 0466 (Part 2), #3 Exhibit 0467-0470, #4 Exhibit 0471-0474, #5 Exhibit 0475-0478, #6 Exhibit 0479, #7 Exhibit 0480-0481, #8 Exhibit 0482-0485, #9 Exhibit 0486-0488, #10 Exhibit 0489-0492, #11 Exhibit 0493 (Part 1), #12 Exhibit 0493 (Part 2), #13 Exhibit 0493 (Part 3), #14 Exhibit 0493 (Part 4), #15 Exhibit 0493 (Part 5), #16 Exhibit 0493 (Part 6), #17 Exhibit 0493 (Part 7), #18 Exhibit 0494 (Part 1), #19 Exhibit 0494 (Part 2), #20 Exhibit 0494 (Part 3), #21 Exhibit 0494 (Part 4), #22 Exhibit 0494 (Part 5), #23 Exhibit 0494 (Part 6), #24 Exhibit 0494 (Part 7), #25 Exhibit 0494 (Part 8), #26 Exhibit 0494 (Part 9), #27 Exhibit 0494 (Part 10), #28 Exhibit 0494 (Part 11), #29 Exhibit 0495 (Part 1), #30 Exhibit 0495 (Part 2), #31 Exhibit 0495 (Part 3), #32 Exhibit 0495 (Part 4), #33 Exhibit 0495 (Part 5), #34 Exhibit 0495 (Part 6), #35 Exhibit 0495 (Part 7), #36 Exhibit 0495 (Part 8), #37 Exhibit 0495 (Part 9), #38 Exhibit 0495 (Part 10), #39 Exhibit 0495 (Part 11), #40 Exhibit 0496 (Part 1), #41 Exhibit 0496 (Part 2), #42 Exhibit 0496 (Part 3), #43 Exhibit 0496 (Part 4), #44 Exhibit 0496 (Part 5), #45 Exhibit 0496 (Part 6), #46 Exhibit 0496 (Part 7), #47 Exhibit 0496 (Part 8), #48 Exhibit 0496 (Part 9), #49 Exhibit 0496 (Part 10), #50 Exhibit 0496 (Part 11), #51 Exhibit 0496 (Part 12), #52 Exhibit 0497 (Part 1), #53 Exhibit 0497 (Part 2), #54 Exhibit 0497 (Part 3), #55 Exhibit 0497 (Part 4), #56 Exhibit 0497 (Part 5), #57 Exhibit 0497 (Part 6), #58 Exhibit 0497 (Part 7), #59 Exhibit 0497 (Part 8), #60 Exhibit 0498 (Part 1), #61 Exhibit 0498 (Part 2), #62 Exhibit 0498 (Part 3), #63 Exhibit 0498 (Part 4), #64 Exhibit 0498 (Part 5), #65 Exhibit 0498 (Part 6), #66 Exhibit 0498 (Part 7), #67 Exhibit 0498 (Part 8), #68 Exhibit 0498 (Part 9), #69 Exhibit 0498 (Part 10), #70 Exhibit 0499 (Part 1), #71 Exhibit 0499 (Part 2), #72 Exhibit 0499 (Part 3), #73 Exhibit 0499 (Part 4), #74 Exhibit 0499 (Part 5), #75 Exhibit 0499 (Part 6), #76 Exhibit 0499 (Part 7), #77 Exhibit 0499 (Part 8), #78 Exhibit 0499 (Part 9), #79 Exhibit 0499 (Part 10), #80 Exhibit 0500-0505, #81 Exhibit 0506 (Part 1), #82 Exhibit 0506 (Part 2), #83 Exhibit 0506 (Part 3), #84 Exhibit 0506 (Part 4), #85 Exhibit 0506 (Part 5), #86 Exhibit 0507-0514, #87 Exhibit 0515)(Hanchet, Mark) Modified on 7/21/2014 (db).
July 18, 2014 Filing 849 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 0403 (Part 1), #2 Exhibit 0403 (Part 2), #3 Exhibit 0403 (Part 3), #4 Exhibit 0403 (Part 4), #5 Exhibit 0403 (Part 5), #6 Exhibit 0403 (Part 6), #7 Exhibit 0403 (Part 7), #8 Exhibit 0403 (Part 8), #9 Exhibit 0403 (Part 9), #10 Exhibit 0403 (Part 10), #11 Exhibit 0403 (Part 11), #12 Exhibit 0403 (Part 12), #13 Exhibit 0403 (Part 13), #14 Exhibit 0403 (Part 14), #15 Exhibit 0403 (Part 15), #16 Exhibit 0403 (Part 16), #17 Exhibit 0403 (Part 17), #18 Exhibit 0404-0405, #19 Exhibit 0406-0408, #20 Exhibit 0409-0410, #21 Exhibit 0411 (Part 1), #22 Exhibit 0411 (Part 2), #23 Exhibit 0411 (Part 3), #24 Exhibit 0411 (Part 4), #25 Exhibit 0412-0414, #26 Exhibit 0415-0417, #27 Exhibit 0418-0421, #28 Exhibit 0422-0423, #29 Exhibit 0424-0425, #30 Exhibit 0426, #31 Exhibit 0427, #32 Exhibit 0428 (Part 1), #33 Exhibit 0428 (Part 2), #34 Exhibit 0428 (Part 3), #35 Exhibit 0428 (Part 4), #36 Exhibit 0428 (Part 5), #37 Exhibit 0429-0432, #38 Exhibit 0433-0434, #39 Exhibit 0435, #40 Exhibit 0436-0438, #41 Exhibit 0439-0441, #42 Exhibit 0442-0445, #43 Exhibit 0446, #44 Exhibit 0447-0448, #45 Exhibit 0449, #46 Exhibit 0450-0452, #47 Exhibit 0453 (Part 1), #48 Exhibit 0453 (Part 2), #49 Exhibit 0454-0456, #50 Exhibit 0457, #51 Exhibit 0458-0461, #52 Exhibit 0462-0465)(Hanchet, Mark) Modified on 7/21/2014 (db).
July 18, 2014 Filing 848 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 0301 (Part 1), #2 Exhibit 0301 (Part 2), #3 Exhibit 0301 (Part 3), #4 Exhibit 0301 (Part 4), #5 Exhibit 0301 (Part 5), #6 Exhibit 0302-0304, #7 Exhibit 0305-0308, #8 Exhibit 0309, #9 Exhibit 0310-0311, #10 Exhibit 0312-0314 (Part 1), #11 Exhibit 0314 (Part 2)-0317, #12 Exhibit 0318-0319, #13 Exhibit 0320-0321, #14 Exhibit 0322-0324, #15 Exhibit 0325-0326, #16 Exhibit 0327-0328, #17 Exhibit 0329-0331, #18 Exhibit 0332, #19 Exhibit 0333, #20 Exhibit 0334, #21 Exhibit 0335-0336, #22 Exhibit 0337 (Part 1)-0337 (Part 2), #23 Exhibit 0337 (Part 3), #24 Exhibit 0337 (Part 4)-0337 (Part 5), #25 Exhibit 0337 (Part 6)-0337 (Part 7), #26 Exhibit 0337 (Part 8)-0337 (Part 9), #27 Exhibit 0337 (Part 10)-0337 (Part 11), #28 Exhibit 0337 (Part 12)-0337 (Part 13), #29 Exhibit 0337 (Part 14)-0337 (Part 15), #30 Exhibit 0337 (Part 16)-0337 (Part 17), #31 Exhibit 0338-0341, #32 Exhibit 0342, #33 Exhibit 0343, #34 Exhibit 0344-0346, #35 Exhibit 0347, #36 Exhibit 0348-0353, #37 Exhibit 0354-0355, #38 Exhibit 0356-0357, #39 Exhibit 0358 (Part 1), #40 Exhibit 0359-0365, #41 Exhibit 0366-0371, #42 Exhibit 0372, #43 Exhibit 0373, #44 Exhibit 0374-0375, #45 Exhibit 0376, #46 Exhibit 0377-0382, #47 Exhibit 0383, #48 Exhibit 0384-0385, #49 Exhibit 0388-0390, #50 Exhibit 0391, #51 Exhibit 0392 (Part 1), #52 Exhibit 0392 (Part 2), #53 Exhibit 0392 (Part 3), #54 Exhibit 0392 (Part 4), #55 Exhibit 0392 (Part 5), #56 Exhibit 0393-0395, #57 Exhibit 0396-0398, #58 Exhibit 0399-0402)(Hanchet, Mark) Modified on 7/21/2014 (db).
July 18, 2014 Filing 847 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 0202-0206, #2 Exhibit 0207-0211, #3 Exhibit 0212-0214, #4 Exhibit 0215 (Part 1), #5 Exhibit 0215 (Part 2), #6 Exhibit 0216-0218, #7 Exhibit 0219-0222, #8 Exhibit 0223-0225, #9 Exhibit 0226-0230, #10 Exhibit 0231-0233, #11 Exhibit 0234-0238, #12 Exhibit 0239-0243, #13 Exhibit 0244, #14 Exhibit 0245 (Part 1), #15 Exhibit 0245 (Part 2), #16 Exhibit 0245 (Part 3), #17 Exhibit 0246-0249, #18 Exhibit 0250, #19 Exhibit 0251, #20 Exhibit 0252 (Part 1), #21 Exhibit 0252 (Part 2), #22 Exhibit 0253-0256, #23 Exhibit 0257-0258, #24 Exhibit 0259, #25 Exhibit 0260 (Part 1), #26 Exhibit 0260 (Part 2), #27 Exhibit 0260 (Part 3), #28 Exhibit 0260 (Part 4), #29 Exhibit 0260 (Part 5), #30 Exhibit 0260 (Part 6), #31 Exhibit 0260 (Part 7), #32 Exhibit 0260 (Part 8), #33 Exhibit 0260 (Part 9), #34 Exhibit 0260 (Part 10), #35 Exhibit 0260 (Part 11), #36 Exhibit 0260 (Part 12), #37 Exhibit 0261-0264, #38 Exhibit 0265, #39 Exhibit 0266-0268, #40 Exhibit 0269 (Part 1), #41 Exhibit 0269 (Part 2), #42 Exhibit 0270, #43 Exhibit 0271, #44 Exhibit 0272-0276, #45 Exhibit 0277-0279, #46 Exhibit 0280, #47 Exhibit 0281, #48 Exhibit 0282-0283, #49 Exhibit 0284, #50 Exhibit 0285-0290, #51 Exhibit 0291, #52 Exhibit 0292 (Part 1), #53 Exhibit 0292 (Part 2), #54 Exhibit 0292 (Part 3), #55 Exhibit 0293 (Part 1), #56 Exhibit 0293 (Part 2), #57 Exhibit 0294, #58 Exhibit 0295-0298, #59 Exhibit 0299-0300)(Hanchet, Mark) Modified on 7/21/2014 (db).
July 18, 2014 Filing 846 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 0102-0104, #2 Exhibit 0105-0106, #3 Exhibit 0107-0108, #4 Exhibit 0109-0111, #5 Exhibit 0112, #6 Exhibit 0113, #7 Exhibit 0114 (Part 1), #8 Exhibit 0114 (Part 2), #9 Exhibit 0114 (Part 3), #10 Exhibit 0114 (Part 4), #11 Exhibit 0114 (Part 5), #12 Exhibit 0114 (Part 6), #13 Exhibit 0114 (Part 7), #14 Exhibit 0114 (Part 8), #15 Exhibit 0115-0116, #16 Exhibit 0117 (Part 1), #17 Exhibit 0117 (Part 2), #18 Exhibit 0118 (Part 1), #19 Exhibit 0118 (Part 2), #20 Exhibit 0119 (Part 1), #21 Exhibit 0119 (Part 2), #22 Exhibit 0120, #23 Exhibit 0121, #24 Exhibit 0122-0124, #25 Exhibit 0125-0128, #26 Exhibit 0129, #27 Exhibit 0130, #28 Exhibit 0131-0132, #29 Exhibit 0133-0136, #30 Exhibit 0137-0138, #31 Exhibit 0139, #32 Exhibit 0140, #33 Exhibit 0141-0142, #34 Exhibit 0143-0146, #35 Exhibit 0147-0148, #36 Exhibit 0149, #37 Exhibit 0150 (Part 1), #38 Exhibit 0150 (Part 2), #39 Exhibit 0151-0155, #40 Exhibit 0156, #41 Exhibit 0157-0160, #42 Exhibit 0161-0162, #43 Exhibit 0163-0164, #44 Exhibit 0165, #45 Exhibit 0166 (Part 1), #46 Exhibit 0166 (Part 2), #47 Exhibit 0166 (Part 3), #48 Exhibit 0166 (Part 4), #49 Exhibit 0166 (Part 5), #50 Exhibit 0167, #51 Exhibit 0168, #52 Exhibit 0169, #53 Exhibit 0170-0172, #54 Exhibit 0173-0175, #55 Exhibit 0176-0177, #56 Exhibit 0178-0180, #57 Exhibit 0181-0185, #58 Exhibit 0186-0189, #59 Exhibit 0190-0193, #60 Exhibit 0194-0196, #61 Exhibit 0197 (Part 1), #62 Exhibit 0197 (Part 2), #63 Exhibit 0197 (Part 3), #64 Exhibit 0197 (Part 4), #65 Exhibit 0197 (Part 5), #66 Exhibit 0198, #67 Exhibit 0199-0201)(Hanchet, Mark) Modified on 7/21/2014 (db).
July 18, 2014 Filing 845 DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 0001, #2 Exhibit 0002-0003, #3 Exhibit 0004, #4 Exhibit 0005-0006, #5 Exhibit 0007, #6 Exhibit 0008, #7 Exhibit 0009-0010, #8 Exhibit 0011-0012, #9 Exhibit 0013-0014, #10 Exhibit 0015-0016, #11 Exhibit 0017-0018, #12 Exhibit 0019, #13 Exhibit 0020-021, #14 Exhibit 0022-0023, #15 Exhibit 0024-0025, #16 Exhibit 0026-0027, #17 Exhibit 0028-0029, #18 Exhibit 0030-0031, #19 Exhibit 0032-0033, #20 Exhibit 0034-0035, #21 Exhibit 0036-0037, #22 Exhibit 0038-0039, #23 Exhibit 0040-0042, #24 Exhibit 0043, #25 Exhibit 0044-0045, #26 Exhibit 0046-0047, #27 Exhibit 0048-0049, #28 Exhibit 0050-0051, #29 Exhibit 0052-0054, #30 Exhibit 0055, #31 Exhibit 0056, #32 Exhibit 0057, #33 Exhibit 0058, #34 Exhibit 0059, #35 Exhibit 0060-0061, #36 Exhibit 0062, #37 Exhibit 0063-0065, #38 Exhibit 0066-0067 (Part 1), #39 Exhibit 0067 (Part 2), #40 Exhibit 0068-0070, #41 Exhibit 0071-0072, #42 Exhibit 0073-0077, #43 Exhibit 0078-0084, #44 Exhibit 0085-0087, #45 Exhibit 0088-0089, #46 Exhibit 0090-0092, #47 Exhibit 0093 (Part 1), #48 Exhibit 0093 (Part 2), #49 Exhibit 0093 (Part 3), #50 Exhibit 0093 (Part 4), #51 Exhibit 0094-0096, #52 Exhibit 0097, #53 Exhibit 0098 (Part 1), #54 Exhibit 0098 (Part 2), #55 Exhibit 0098 (Part 3), #56 Exhibit 0099-0101)(Hanchet, Mark)
July 18, 2014 Filing 844 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated July 18, 2014 re: Supplemental Privilege Submission. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B)(Conlon, John)
July 18, 2014 Filing 843 DECLARATION of Bradley A. Harsch in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
July 18, 2014 Filing 842 COUNTER STATEMENT TO #684 Rule 56.1 Statement. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
July 18, 2014 Filing 841 MEMORANDUM OF LAW in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
July 18, 2014 Filing 840 DECLARATION of Amanda F. Davidoff in Support re: #775 MOTION for Summary Judgment on the Statutes of Repose.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ware, Michael)
July 18, 2014 Filing 839 REPLY MEMORANDUM OF LAW in Support re: #775 MOTION for Summary Judgment on the Statutes of Repose. . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
July 17, 2014 Filing 838 MEMORANDUM OF LAW in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
July 17, 2014 Filing 837 RULE 56.1 STATEMENT. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
July 17, 2014 Filing 836 DECLARATION of Mark G. Hanchet in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1 - 4, #2 Exhibit 5 - 9, #3 Exhibit 10 - 13, #4 Exhibit 14 - 15, #5 Exhibit 16 - 18, #6 Exhibit 19 - 20, #7 Exhibit 21 - 22, #8 Exhibit 23 - 24, #9 Exhibit 25 - 26, #10 Exhibit 27 (Part 1), #11 Exhibit 27 (Part 2), #12 Exhibit 27 (Part 3), #13 Exhibit 27 (Part 4), #14 Exhibit 28 - 35, #15 Exhibit 36, #16 Exhibit 37 (Part 1), #17 Exhibit 37 (Part 2), #18 Exhibit 37 (Part 3), #19 Exhibit 37 (Part 4) - 41, #20 Exhibit 42 - 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48 (Part 1), #24 Exhibit 48 (Part 2), #25 Exhibit 48 (Part 3), #26 Exhibit 48 (Part 4), #27 Exhibit 48 (Part 5), #28 Exhibit 49 - 59, #29 Exhibit 60, #30 Exhibit 61 (Part 1), #31 Exhibit 61 (Part 2), #32 Exhibit 61 (Part 3), #33 Exhibit 61 (Part 4), #34 Exhibit 61 (Part 5), #35 Exhibit 62 - 69, #36 Exhibit 70, #37 Exhibit 71 (Part 1), #38 Exhibit 71 (Part 2), #39 Exhibit 71 (Part 3), #40 Exhibit 71 (Part 4), #41 Exhibit 71 (Part 5), #42 Exhibit 71 (Part 6), #43 Exhibit 71 (Part 7), #44 Exhibit 71 (Part 8) - 72, #45 Exhibit 73, #46 Exhibit 74)(Hanchet, Mark)
July 17, 2014 Filing 835 DECLARATION of Mark G. Hanchet in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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)(Hanchet, Mark)
July 17, 2014 Filing 834 DECLARATION of JULIA M. BESKIN in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by Federal Housing Finance Agency. (Attachments: #1 40-51, #2 52 (part 1), #3 52 (part 2), #4 53-71, #5 72-73, #6 74, #7 75 (part 1), #8 75 (part 2), #9 75 (part 3), #10 75 (part 4), #11 76-83, #12 84, #13 85-106, #14 107 (part 1), #15 107 (part 2), #16 107 (part 3), #17 107 (part 4), #18 107 (part 5), #19 108, #20 109 (part 1), #21 109 (part 2), #22 109 (part 3), #23 110-115, #24 116, #25 117-133, #26 134, #27 135-147, #28 148 (part 1), #29 148 (part 2), #30 149-205, #31 206-207, #32 208-211, #33 212-239, #34 240 (part 1), #35 240 (part 2), #36 240 (part 3), #37 241-282, #38 283-319, #39 320-343, #40 344-349, #41 350-360, #42 361-375, #43 376-377, #44 378-385, #45 386-388, #46 389-395, #47 396-404, #48 405 (part 1), #49 405 (part 2), #50 405 (part 3), #51 405 (part 4), #52 405 (part 5), #53 405 (part 6), #54 405 (part 7), #55 406-411, #56 412-415, #57 416-420, #58 421-424)(Selendy, Philippe)
July 17, 2014 Filing 833 DECLARATION of JULIA M. BESKIN in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by Federal Housing Finance Agency. (Attachments: #1 1 (part 1), #2 1 (part 2), #3 1 (part 3), #4 1 (part 4), #5 1 (part 5), #6 2 (part 1), #7 2 (part 2), #8 2 (part 3), #9 2 (part 4), #10 2 (part 5), #11 3 (part 1), #12 3 (part 2), #13 3 (part 3), #14 3 (part 4), #15 3 (part 5), #16 4 (part 1), #17 4 (part 2), #18 4 (part 3), #19 4 (part 4), #20 4 (part 5), #21 4 (part 6), #22 4 (part 7), #23 5 (part 1), #24 5 (part 2), #25 5 (part 3), #26 5 (part 4), #27 5 (part 5), #28 5 (part 6), #29 6 (part 1), #30 6 (part 2), #31 6 (part 3), #32 6 (part 4), #33 6 (part 5), #34 7 (part 1), #35 7 (part 2), #36 7 (part 3), #37 7 (part 4), #38 7 (part 5), #39 7 (part 6), #40 7 (part 7), #41 7 (part 8), #42 8 (part 1), #43 8 (part 2), #44 8 (part 3), #45 8 (part 4), #46 8 (part 5), #47 9 (part 1), #48 9 (part 2), #49 9 (part 3), #50 9 (part 4), #51 10 (part 1), #52 10 (part 2), #53 10 (part 3), #54 10 (part 4), #55 10 (part 5), #56 11 (part 1), #57 11 (part 2), #58 11 (part 3), #59 11 (part 4), #60 11 (Part 5), #61 12 (part 1), #62 12 (part 2), #63 12 (part 3), #64 12 (part 4), #65 12 (part 5), #66 13 (part 1), #67 13 (part 2), #68 13 (part 3), #69 13 (part 4), #70 13 (part 5), #71 14 (part 1), #72 14 (part 2), #73 14 (part 3), #74 14 (part 4), #75 14 (part 5), #76 15 (part 1), #77 15 (part 2), #78 15 (part 3), #79 15 (part 4), #80 15 (part 5), #81 16 (part 1), #82 16 (part 2), #83 16 (part 3), #84 16 (part 4), #85 16 (part 5), #86 17 (part 1), #87 17 (part 2), #88 17 (part 3), #89 17 (part 4), #90 17 (part 5), #91 18 (part 1), #92 18 (part 2), #93 18 (part 3), #94 18 (part 4), #95 18 (part 5), #96 19 (part 1), #97 19 (part 2), #98 19 (part 3), #99 19 (part 4), #100 19 (part 5), #101 20 (part 1), #102 20 (part 2), #103 20 (part 3), #104 20 (part 4), #105 20 (part 5), #106 21 (part 1), #107 21 (part 2), #108 21 (part 3), #109 21 (part 4), #110 21 (part 5), #111 22 (part 1), #112 22 (part 2), #113 22 (part 3), #114 22 (part 4), #115 22 (part 5), #116 23 (part 1), #117 23 (part 2), #118 23 (part 3), #119 23 (part 4), #120 23 (part 5), #121 24 (part 1), #122 24 (part 2), #123 24 (part 3), #124 24 (part 4), #125 24 (part 5), #126 25 (part 1), #127 25 (part 2), #128 25 (part 3), #129 25 (part 4), #130 25 (part 5), #131 26-39)(Selendy, Philippe)
July 16, 2014 Filing 832 DECLARATION of CHARLES CIPIONE in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25)(Selendy, Philippe)
July 16, 2014 Filing 831 RULE 56.1 STATEMENT. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 16, 2014 Filing 830 MEMORANDUM OF LAW in Support re: #783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses. . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 15, 2014 Opinion or Order Filing 829 ORDER granting #825 Motion for Tyler Grant Whitmer to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
July 14, 2014 Filing 828 ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence T. Gresser dated 7/11/2014 re: that the Court permit the materials described in its letter to be filed in redacted form or under seal.... ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/14/2014) (gr)
July 14, 2014 Filing 827 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 07/14/14 re: Re: 10th Circuit Supplemental Briefing. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Selendy, Philippe)
July 11, 2014 Opinion or Order Filing 826 OPINION & ORDER #104516. The parties in these coordinated lawsuits dispute whether documents have been properly withheld on the ground of the attorney-client or work-product privilege....Therefore, this Order addresses Nomura Log Entry 321, with the understanding that its attachment is being produced. Accordingly, it is hereby ORDERED that Nomura's request for a redaction to Entry 321 is approved. (Signed by Judge Denise L. Cote on 7/11/2014) (gr) Modified on 7/18/2014 (ca).
July 11, 2014 Filing 825 MOTION for Tyler Grant Whitmer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Certificate of Good Standing, #2 Order Granting Admission Pro Hac Vice)(Whitmer, Tyler)
July 11, 2014 Filing 824 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Tyler Grant Whitmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9877214. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Certificate of Good Standing, #2 Order Granting Admission Pro Hac Vice)(Whitmer, Tyler) Modified on 7/11/2014 (wb).
July 11, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #824 MOTION for Tyler Grant Whitmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9877214. Motion and supporting papers to be reviewed by Clerk's Office staff.. Wrong case number on Documents. (wb)
July 11, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #825 MOTION for Tyler Grant Whitmer 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. (wb)
July 9, 2014 Filing 823 COUNTER STATEMENT TO #778 Rule 56.1 Statement,. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 9, 2014 Filing 822 MEMORANDUM OF LAW in Opposition re: #775 MOTION for Summary Judgment on the Statutes of Repose. . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 9, 2014 Filing 821 DECLARATION of John M. Conlon Accompanying Documents For In Camera Review. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Conlon, John)
July 9, 2014 Filing 820 LETTER addressed to Judge Denise L. Cote from David H. McGill dated July 9, 2014 re: Response to June 27 Order. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(McGill, David)
July 9, 2014 Filing 819 ENDORSED LETTER addressed to Judge Denise L. Cote from Defendants in the above referenced actions dated 7/8/2014 re: Defendants Response To Certain Evidentiary Issues. ENDORSEMENT: If the Court finds it necessary to address the evidentiary objections, it will consider whether additional submissions from any party would be helpful or appropriate. (Signed by Judge Denise L. Cote on 7/9/2014) (gr)
July 8, 2014 Filing 818 NOTICE OF APPEARANCE by Kathleen M. Sullivan on behalf of Federal Housing Finance Agency. (Sullivan, Kathleen)
July 8, 2014 Filing 817 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated July 8, 2014 re: Defendants Response To Certain Evidentiary Issues. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Conlon, John)
July 8, 2014 Filing 816 ENDORSED LETTER addressed to Judge Denise L. Cote from John M. Conlon dated 7/7/2014 re: Additional Proposed Redactions. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 7/8/2014) (gr)
July 8, 2014 Filing 815 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and John M. Conlon dated 7/3/2014 re: Proposed redactions to the Summary Judgment Motion. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 7/8/2014) (gr)
July 7, 2014 Filing 814 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated July 7, 2014 re: Additional Proposed Redactions. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
July 7, 2014 Filing 813 DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 248, #2 Exhibit 249, #3 Exhibit 250, #4 Exhibit 251, #5 Exhibit 252, #6 Exhibit 253, #7 Exhibit 254, #8 Exhibit 255, #9 Exhibit 256, #10 Exhibit 257, #11 Exhibit 258, #12 Exhibit 259, #13 Exhibit 260, #14 Exhibit 261, #15 Exhibit 262, #16 Exhibit 263, #17 Exhibit 264, #18 Exhibit 265, #19 Exhibit 266, #20 Exhibit 267, #21 Exhibit 268, #22 Exhibit 269, #23 Exhibit 270, #24 Exhibit 271, #25 Exhibit 272, #26 Exhibit 273, #27 Exhibit 274, #28 Exhibit 275, #29 Exhibit 276, #30 Exhibit 277, #31 Exhibit 278, #32 Exhibit 280, #33 Exhibit 281, #34 Exhibit 282, #35 Exhibit 283, #36 Exhibit 284, #37 Exhibit 285, #38 Exhibit 286, #39 Exhibit 287, #40 Exhibit 288, #41 Exhibit 289, #42 Exhibit 290, #43 Exhibit 291, #44 Exhibit 292, #45 Exhibit 293, #46 Exhibit 294, #47 Exhibit 295, #48 Exhibit 296)(Selendy, Philippe)
July 7, 2014 Filing 812 Objection re: #758 Memorandum of Law in Opposition to Motion, . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 7, 2014 Filing 811 Objection re: #753 Memorandum of Law in Opposition to Motion, . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 7, 2014 Filing 810 REPLY re: #684 Rule 56.1 Statement . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 7, 2014 Filing 809 REPLY MEMORANDUM OF LAW in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 7, 2014 Filing 808 REPLY re: #684 Rule 56.1 Statement . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
July 3, 2014 Filing 807 JOINT LETTER addressed to Judge Denise L. Cote from FHFA and HSBC dated 07/03/2014 re: Parties' Joint Request for Redactions to FHFA's Motion for Partial Summary Judgment on Defendants' Due Diligence and Reasonable Care Defenses. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
July 2, 2014 Filing 806 NOTICE OF APPEARANCE by David Bernard Schwartz on behalf of Federal Housing Finance Agency. (Schwartz, David)
July 2, 2014 Filing 805 ENDORSED LETTER addressed to Judge Denise L. Cote from David H. McGill dated 7/1/2014 re: Parties' Joint Request for Extension of Time to Submit Documents for In Camera Review. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/2/2014) (gr)
July 2, 2014 Filing 804 ENDORSED LETTER addressed to Judge Denise L. Cote from Kanchana Wangkeo Leung dated 7/1/2014 re: proposed redactions and under seal filing. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 7/2/2014) (gr)
July 1, 2014 Filing 803 LETTER addressed to Judge Denise L. Cote from David H. McGill dated July 1, 2014 re: Parties' Joint Request for Extension of Time to Submit Documents for In Camera Review. Document filed by Federal Housing Finance Agency.(McGill, David)
July 1, 2014 Filing 802 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 7.1.14 Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
June 27, 2014 Opinion or Order Filing 801 ORDER...the parties shall submit the challenged documents (and any attachments), to the Court for "in camera" review by July 2, 2014. The producing parties shall also submit by that date their support for invocation of the privilege, redacting from the publicly filed version of the submission only that information which is confidential (Signed by Judge Denise L. Cote on 6/27/2014) (gr)
June 27, 2014 Opinion or Order Filing 800 STIPULATION AND SUPPLEMENTAL PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 9/18/2014 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please see Judge Cote's modifications on page 4 of the Stipulation) (Signed by Judge Denise L. Cote on 6/27/2014) (gr)
June 26, 2014 Filing 799 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated June 26, 2014 re: FHFA Privilege Log. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A)(Goeke, Reginald)
June 26, 2014 Filing 798 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 6/26/2014 re: Privilege Log Issues. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bruce, Eric)
June 26, 2014 Opinion or Order Filing 797 ORDER granting #796 Motion for Michael J. O'Connor to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
June 26, 2014 Filing 796 MOTION for Michael J. O'Connor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Order Granting Admission Pro Hac Vice, #2 Good Standing Certificates)(O'Connor, Michael)
June 26, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #796 MOTION for Michael J. O'Connor 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)
June 25, 2014 Filing 795 MEMO ENDORSEMENT granting #791 Motion to Withdraw as Attorney. Attorney Michael Philip Favretto terminated. (Signed by Judge Denise L. Cote on 6/25/2014) (gr)
June 25, 2014 Opinion or Order Filing 794 ORDER....Oral Argument shall be held on these motions on July 23, 2014 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/25/2014) (gr)
June 25, 2014 Filing 793 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillippe Z. Selendy and Kanchana Wangkeo Leung dated 6/24/2014 re: Requested Redaction Schedule. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/25/2014) (gr)
June 25, 2014 Opinion or Order Filing 792 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillippe Z. Selendy and Richard A. Schirtzer dated 6/24/2014 re: privilege log entry 56251, on which the Court reserved judgment in its May 13, 2014 Opinion and Order and indicated that FHFA may supplement its submission to support its assertion of privilege. ENDORSEMENT: Redactions are approved. (Signed by Judge Denise L. Cote on 6/25/2014) (gr) Modified on 6/25/2014 (gr).
June 24, 2014 Filing 791 MOTION for Michael P. Favretto to Withdraw as Attorney . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Dunn, Joseph)
June 24, 2014 Filing 790 LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated June 24, 2014 re: Requested Redaction Schedule. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
June 24, 2014 Filing 789 MEMORANDUM OF LAW in Support re: #788 MOTION for Summary Judgment . . Document filed by HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc.. (Ware, Michael)
June 24, 2014 Filing 788 MOTION for Summary Judgment . Document filed by HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc..(Ware, Michael)
June 24, 2014 Filing 787 RULE 56.1 STATEMENT. Document filed by HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc.. (Ware, Michael)
June 24, 2014 Filing 786 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jonathan B. Oblak dated 6/23/2013 re: Request by FHFA and with consent of defendants', to file a 65-page motion for partial summary judgment. Defendants too seeks a similar request for their opposition brief. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/24/2014) (gr)
June 24, 2014 Filing 785 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jonathan B. Oblak dated 6/23/2014 re: Letter on behalf of FHFA regarding proposed redactions to the materials supporting FHFA's Motion for Partial Summary Judgment on Defendants' Due Diligence and Reasonable Care Defenses.... ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/24/2014) (gr)
June 24, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Orth Ware to RE-FILE Document #781 MOTION for Summary Judgment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Rule 56.1 Statement is found under the event list Other Answers. (ldi)
June 24, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Orth Ware to RE-FILE Document #782 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi)
June 23, 2014 Filing 784 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 06/23/2014 re: Sealing FHFA's Motion for Partial Summary Judgment. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
June 23, 2014 Filing 783 MOTION for Partial Summary Judgment On Defendants' Due Diligence And Reasonable Care Defenses. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
June 23, 2014 Filing 782 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #781 MOTION for Summary Judgment . . Document filed by HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc.. (Ware, Michael) Modified on 6/24/2014 (ldi).
June 23, 2014 Filing 781 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc.. Responses due by 7/21/2014(Ware, Michael) Modified on 6/24/2014 (ldi).
June 23, 2014 Filing 780 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 6.23.14 Document filed by Federal Housing Finance Agency.(Oblak, Jonathan)
June 23, 2014 Opinion or Order Filing 779 SCHEDULING ORDER: On June 20, defendants moved the Court for summary judgment in the above-captioned actions. It is hereby ORDERED that plaintiff Federal Housing Finance Agency shall file any opposition to these motions by July 9, 2014. Defendants' replies, if any, are due by noon on July 18, 2014. After any replies are served, movants shall supply Chambers with two courtesy copies of all motion papers to Chambers by mailing or delivering them to the U.S. Courthouse, 500 Pearl Street, New York, NY. (Signed by Judge Denise L. Cote on 6/23/2014) (gr)
June 20, 2014 Filing 778 RULE 56.1 STATEMENT. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
June 20, 2014 Filing 777 MEMORANDUM OF LAW in Support re: #775 MOTION for Summary Judgment on the Statutes of Repose. . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
June 20, 2014 Filing 776 DECLARATION of Charles S. Korschun in Support re: #775 MOTION for Summary Judgment on the Statutes of Repose.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 through 20, #4 Exhibit 21 through 30, #5 Exhibit 31 through 39, #6 Exhibit 40)(Ware, Michael)
June 20, 2014 Filing 775 MOTION for Summary Judgment on the Statutes of Repose. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
June 20, 2014 Filing 774 NOTICE OF APPEARANCE by Andrew Riggs Dunlap on behalf of Federal Housing Finance Agency. (Dunlap, Andrew)
June 20, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #773 MOTION for MICHAEL O'CONNOR to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9801949. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing. Expired Certificate of Good Standing from the District of Columbia and the Supreme Court of Pennsylvania. 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. (sdi)
June 19, 2014 Filing 773 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for MICHAEL O'CONNOR to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9801949. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 ORDER GRANTING ADMISSION PRO HAC VICE, #2 CERTIFICATES OF GOOD STANDING)(O'Connor, Michael) Modified on 6/20/2014 (sdi).
June 17, 2014 Opinion or Order Filing 772 STIPULATION AND ORDER RE EXPERT SCHEDULE AND SUMMARY JUDGMENT SCHEDULE: 1) Non-reunderwriting rebuttal expert reports shall be served by June 25, 2014; except non-reunderwriting rebuttal expert reports concerning appraisals shall be served by June 23, 2014. 2) Summary judgment motions shall be filed by June 23, 2014. 3) Oppositions to summary judgment shall be filed by July 21, 2014. 4) Replies in support of summary judgment shall be filed by August 4, 2014. (Signed by Judge Denise L. Cote on 6/17/2014) (gr)
June 16, 2014 Filing 771 ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence T. Gresser dated 6/13/2014 re: Requested Redactions. ENDORSEMENT: Granted. Exhibits 70, 73, 152, 166, 198, 213, 215, 222, 223, 301, and 307 to the Bradley Declaration to be filed in redacted form. (Signed by Judge Denise L. Cote on 6/16/2014) (gr)
June 16, 2014 Filing 770 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 6/13/2014 re: Requested Redactions. ENDORSEMENT: These requests are granted. To the extent the parties dispute the extent of redactions of expert reports and references to expert report contents, they may renew their requests for public filing after the Court resolves the summary judgment motion. (Signed by Judge Denise L. Cote on 6/16/2014) (gr)
June 16, 2014 Filing 769 ENDORSED LETTER addressed to Judge Denise L. Cote from Mark G. Hanchet dated 6/13/2014 re: HSBC proposal to redact the materials as set forth in the letter. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/16/2014) (gr)
June 16, 2014 Opinion or Order Filing 768 ENDORSED LETTER addressed to Judge Denise L. Cote from Catherine A. Bernard dated 6/11/2014 re: Deadline for Additional Challenges to Parties' Privilege Logs. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 6/16/2014) (gr)
June 13, 2014 Filing 767 LETTER addressed to Judge Denise L. Cote from Philippe Selendy dated 6/13/2014 re: Requested Redactions. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
June 11, 2014 Filing 766 LETTER addressed to Judge Denise L. Cote from Catherine A. Bernard dated June 11, 2014 re: Deadline for Additional Challenges to Parties' Privilege Logs. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Bernard, Catherine)
June 5, 2014 Opinion or Order Filing 764 ORDER...By letters of June 3, defendants in the above-captioned actions raise the issue of redactions to the Opposition Papers, as many of the included documents have been designated confidential pursuant to the protective order in these actions....ORDERED that FHFA, or any other defendant, shall advise each defendant that has filed Opposition Papers whether it desires that any material in the Opposition Papers be sealed. The parties shall submit proposed redactions by June 13....IT IS FURTHER ORDERED that the HSBC defendants, the only defendants to themselves propose redactions in the June 3 letters, shall resubmit its proposal, setting forth precisely what redactions it requests as outlined above, by June 13. (Signed by Judge Denise L. Cote on 6/4/2014) (gr)
June 4, 2014 Filing 763 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 498 Part 1, #2 Exhibit 498 Part 2, #3 Exhibit 498 Part 3, #4 Exhibit 498 Part 4, #5 Exhibit 498 Part 5, #6 Exhibit 498 Part 6, #7 Exhibit 498 Part 7, #8 Exhibit 498 Part 8, #9 Exhibit 498 Part 9, #10 Exhibit 499 Part 1, #11 Exhibit 499 Part 2, #12 Exhibit 499 Part 3, #13 Exhibit 499 Part 4, #14 Exhibit 499 Part 5, #15 Exhibit 499 Part 6, #16 Exhibit 499 Part 7, #17 Exhibit 499 Part 8, #18 Exhibit 499 Part 9, #19 Exhibit 499 Part 10, #20 Exhibit 500 - 506, #21 Exhibit 507 - 515)(Hanchet, Mark) Modified on 6/5/2014 (db).
June 4, 2014 Filing 762 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 493 Part 1, #2 Exhibit 493 Part 2, #3 Exhibit 493 Part 3, #4 Exhibit 493 Part 4, #5 Exhibit 493 Part 5, #6 Exhibit 493 Part 6, #7 Exhibit 493 Part 7, #8 Exhibit 494 Part 1, #9 Exhibit 494 Part 2, #10 Exhibit 494 Part 3, #11 Exhibit 494 Part 4, #12 Exhibit 494 Part 5, #13 Exhibit 494 Part 6, #14 Exhibit 495 Part 1, #15 Exhibit 495 Part 2, #16 Exhibit 495 Part 3, #17 Exhibit 495 Part 4, #18 Exhibit 495 Part 5, #19 Exhibit 495 Part 6, #20 Exhibit 495 Part 7, #21 Exhibit 496 Part 1, #22 Exhibit 496 Part 2, #23 Exhibit 496 Part 3, #24 Exhibit 496 Part 4, #25 Exhibit 496 Part 5, #26 Exhibit 496 Part 6, #27 Exhibit 496 Part 7, #28 Exhibit 496 Part 8, #29 Exhibit 496 Part 9, #30 Exhibit 496 Part 10, #31 Exhibit 496 Part 11, #32 Exhibit 497 Part 1, #33 Exhibit 497 Part 2, #34 Exhibit 497 Part 3, #35 Exhibit 497 Part 4, #36 Exhibit 497 Part 5, #37 Exhibit 497 Part 6, #38 Exhibit 497 Part 7, #39 Exhibit 497 Part 8)(Hanchet, Mark) Modified on 6/5/2014 (db).
June 4, 2014 Filing 761 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 260 Part 1 - 6, #2 Exhibit 260 Part 7 - 10, #3 Exhibit 261 - 270, #4 Exhibit 271 - 280, #5 Exhibit 281 - 289, #6 Exhibit 290 - 297, #7 Exhibit 298 - 303, #8 Exhibit 304 - 313, #9 Exhibit 314 - 318, #10 Exhibit 319 - 321, #11 Exhibit 322 - 324, #12 Exhibit 325 - 326, #13 Exhibit 327 - 335, #14 Exhibit 336 Part 1 - 6, #15 Exhibit 336 Part 7 - 12, #16 Exhibit 337 Part 1 - 9, #17 Exhibit 337 Part 10 - 17, #18 Exhibit 338 - 347, #19 Exhibit 348 - 357, #20 Exhibit 358 - 367, #21 Exhibit 368 - 378, #22 Exhibit 379 - 388, #23 Exhibit 389 - 397, #24 Exhibit 398 - 402, #25 Exhibit 403, #26 Exhibit 404 - 410, #27 Exhibit 411 - 417, #28 Exhibit 418 - 426, #29 Exhibit 427 - 430, #30 Exhibit 431 - 436, #31 Exhibit 437 - 446, #32 Exhibit 447 - 456, #33 Exhibit 457 - 460, #34 Exhibit 461 - 469, #35 Exhibit 470 - 478, #36 Exhibit 479 - 480, #37 Exhibit 481 - 487, #38 Exhibit 488 - 492)(Hanchet, Mark) Modified on 6/5/2014 (db).
June 4, 2014 Filing 760 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1 - 2, #2 Exhibit 3 - 4, #3 Exhibit 5 - 6, #4 Exhibit 7 - 8, #5 Exhibit 9 - 10, #6 Exhibit 11 -12, #7 Exhibit 13 - 14, #8 Exhibit 15 - 16, #9 Exhibit 17 - 18, #10 Exhibit 19, #11 Exhibit 20 - 21, #12 Exhibit 22 - 23, #13 Exhibit 24 - 25, #14 Exhibit 26 - 27, #15 Exhibit 28 - 29, #16 Exhibit 30 - 31, #17 Exhibit 32 - 33, #18 Exhibit 34 - 35, #19 Exhibit 36 - 37, #20 Exhibit 38 - 39, #21 Exhibit 40 - 42, #22 Exhibit 43, #23 Exhibit 44 - 45, #24 Exhibit 46 - 47, #25 Exhibit 48 - 49, #26 Exhibit 50 - 51, #27 Exhibit 52 - 54, #28 Exhibit 55, #29 Exhibit 56, #30 Exhibit 57, #31 Exhibit 58, #32 Exhibit 59, #33 Exhibit 60, #34 Exhibit 61 - 106, #35 Exhibit 107 - 108, #36 Exhibit 109 - 137, #37 Exhibit 138, #38 Exhibit 139, #39 Exhibit 140, #40 Exhibit 141 - 249, #41 Exhibit 250 - 259)(Hanchet, Mark) Modified on 6/5/2014 (db).
June 4, 2014 Filing 759 NOTICE OF APPEARANCE by Julia Marie Beskin on behalf of Federal Housing Finance Agency. (Beskin, Julia)
June 4, 2014 Filing 758 JOINT MEMORANDUM OF LAW in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
June 4, 2014 Filing 757 RULE 56.1 STATEMENT. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
June 3, 2014 Filing 756 DECLARATION of Bradley A Harsch in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
June 3, 2014 Filing 755 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Megan Bradley in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark) Modified on 6/13/2014 (db).
June 3, 2014 Filing 754 LETTER addressed to Judge Denise L. Cote from Mark G. Hanchet dated 6/3/14 re: Filing Under Seal. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Hanchet, Mark)
June 3, 2014 Filing 753 MEMORANDUM OF LAW in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. . Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
June 3, 2014 Filing 752 RULE 56.1 STATEMENT. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hanchet, Mark)
June 3, 2014 Filing 751 DECLARATION of Mark G. Hanchet in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1 - 74)(Hanchet, Mark)
June 3, 2014 Filing 750 DECLARATION of Mark G. Hanchet in Opposition re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A - L)(Hanchet, Mark)
May 23, 2014 Filing 749 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and Kanchana Wangkeo Leung dated 5/22/2014 re: FHFA requests for an extension until June 12, 2014 for the parties to complete the four depositions. Defendants have consented to this request. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/23/2014) (gr)
May 22, 2014 Filing 748 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 5.22.14 re: Third Party Discovery. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
May 22, 2014 Filing 747 ENDORSED LETTER addressed to Judge Denise L. Cote from John M. Conlon dated 5/21/2014 re: HSBC's final audit reports for in camera review. ENDORSEMENT: Having reviewed the two reports, FHFA's request for this disclosure is denied. (Signed by Judge Denise L. Cote on 5/22/2014) (gr)
May 21, 2014 Filing 746 ENDORSED LETTER addressed to Judge Denise L. Cote from John M. Conlon dated 5/20/2014 re: Plaintiffs' Request for Production of Internal Audit Documents. ENDORSEMENT: HSBC shall submit the final 2006 and 2007 audit reports and any of their exhibits for in camera review. (Signed by Judge Denise L. Cote on 5/21/2014) (gr)
May 20, 2014 Filing 745 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated May 20, 2014 re: Plaintiffs Request for Production of Internal Audit Documents. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A)(Conlon, John)
May 19, 2014 Opinion or Order Filing 744 STIPULATION AND ORDER RE EXPERT SCHEDULE AND SUMMARY JUDGMENT SCHEDULE. (Signed by Judge Denise L. Cote on 5/19/2014) (gr)
May 19, 2014 Opinion or Order Filing 743 STIPULATION AND ORDER REGARDING THE AUTHENTICITY OF PARTY PRODUCTIONS. (Signed by Judge Denise L. Cote on 5/19/2014) (gr)
May 16, 2014 Filing 742 NOTICE OF APPEARANCE by Celine Crosa Di Vergagni on behalf of Federal Housing Finance Agency. (Crosa Di Vergagni, Celine)
May 15, 2014 Filing 741 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 5.15.14 re: Plaintiffs Request for Production of Internal Audit Documents. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Oblak, Jonathan)
May 15, 2014 Filing 740 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 5/14/2014 re: Extension of Time to Complete Stipulation Discussions. ENDORSEMENT: Requested extension granted for Nomura and HSBC parties. (Signed by Judge Denise L. Cote on 5/16/2014) (gr)
May 15, 2014 Filing 739 SEALED DOCUMENT placed in vault.(mps)
May 15, 2014 Opinion or Order Filing 738 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew R. Dunlap dated 5/14/2014 re: HSBC's Request to Redact Exhibit 19. Document filed by Federal Housing Finance Agency. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/15/2014) (Attachments: #1 Exhibit 19 Redacted - Transcript of videotaped Deposition of Samuel Herrnson)(gr)
May 14, 2014 Filing 737 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 5/14/2014 re: Extension of Time to Complete Stipulation Discussions. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
May 14, 2014 Filing 736 LETTER addressed to Judge Denise L. Cote from Andrew R. Dunlap dated 05/14/2014 re: HSBC's Request to Redact Exhibit 19. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 19 - Redacted)(Dunlap, Andrew)
May 14, 2014 Filing 735 NOTICE OF APPEARANCE by Manisha M. Sheth on behalf of Federal Housing Finance Agency. (Sheth, Manisha)
May 13, 2014 Opinion or Order Filing 734 OPINION & ORDER. The parties in these coordinated litigation dispute whether documents have been withheld properly on the ground of privilege. An Opinion of April 3, 2014 addressed claims related to the attorney-client and work product privileges, and in certain instances gave the parties the opportunity to make further submissions. This Opinion responds to those further submissions and addresses claims related to the invocation of the deliberative process and bank examination privileges by plaintiff, the Federal Housing Finance Agency ("FHFA"). See Opinion & Order. (Signed by Judge Denise L. Cote on 5/12/2014) (gr)
May 12, 2014 Filing 733 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy and Kanchana Wangkeo Leung dated 5/9/2014 re: Extension for Stipulation Regarding Admissibility of Loan Files and Guidelines until May 14, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/12/2014) (gr)
May 9, 2014 Filing 732 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated May 9, 2014 re: Extension for Stipulation Regarding Admissibility of Loan Files and Guidelines. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
May 9, 2014 Opinion or Order Filing 731 ORDER: The Clerk of Court shall seal Docket No. 685-19 in 11 Civ. 6189, Docket No. 685-19 in 11 Civ. 6198, and Docket No. 663-19 in 11 Civ. 6201. IT IS FURTHER ORDERED that HSBC's requested redaction of Exhibit 19 is approved. FHFA shall refile a redacted version of Exhibit 19 in the public dockets of each of the four actions and file under seal in each an unredacted version of Exhibit 19. (Signed by Judge Denise L. Cote on 5/9/2014) (gr)
May 9, 2014 Filing 730 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 228-1, #2 Exhibit 228-2, #3 Exhibit 229-1, #4 Exhibit 229-2, #5 Exhibit 230-1, #6 Exhibit 230-2, #7 Exhibit 231, #8 Exhibit 232-1, #9 Exhibit 232-2, #10 Exhibit 233-1, #11 Exhibit 233-2, #12 Exhibit 234, #13 Exhibit 235, #14 Exhibit 236, #15 Exhibit 237, #16 Exhibit 238, #17 Exhibit 239, #18 Exhibit 240, #19 Exhibit 241, #20 Exhibit 242, #21 Exhibit 243, #22 Exhibit 244, #23 Exhibit 245, #24 Exhibit 246, #25 Exhibit 247)(Selendy, Philippe)
May 9, 2014 Filing 729 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 214, #2 Exhibit 215-1, #3 Exhibit 215-2, #4 Exhibit 215-3, #5 Exhibit 216-1, #6 Exhibit 216-2, #7 Exhibit 217-1, #8 Exhibit 217-2, #9 Exhibit 218-1, #10 Exhibit 218-2, #11 Exhibit 219-1, #12 Exhibit 219-2, #13 Exhibit 220-1, #14 Exhibit 220-2, #15 Exhibit 221-1, #16 Exhibit 221-2, #17 Exhibit 222-1, #18 Exhibit 222-2, #19 Exhibit 223-1, #20 Exhibit 223-2, #21 Exhibit 224-1, #22 Exhibit 224-2, #23 Exhibit 225-1, #24 Exhibit 225-2, #25 Exhibit 226, #26 Exhibit 227)(Selendy, Philippe)
May 9, 2014 Filing 728 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 210, #2 Exhibit 211, #3 Exhibit 212-1, #4 Exhibit 212-2, #5 Exhibit 212-3, #6 Exhibit 212-4, #7 Exhibit 212-5, #8 Exhibit 212-6, #9 Exhibit 212-7, #10 Exhibit 213-1, #11 Exhibit 213-2, #12 Exhibit 213-3, #13 Exhibit 213-4, #14 Exhibit 213-5, #15 Exhibit 213-6, #16 Exhibit 213-7, #17 Exhibit 213-8, #18 Exhibit 213-9, #19 Exhibit 213-10, #20 Exhibit 213-11, #21 Exhibit 213-12, #22 Exhibit 213-13, #23 Exhibit 213-14, #24 Exhibit 213-15, #25 Exhibit 213-16, #26 Exhibit 213-17, #27 Exhibit 213-18, #28 Exhibit 213-19, #29 Exhibit 213-20, #30 Exhibit 213-21, #31 Exhibit 213-22, #32 Exhibit 213-23, #33 Exhibit 213-24, #34 Exhibit 213-25)(Selendy, Philippe)
May 9, 2014 Filing 727 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 205-1, #2 Exhibit 205-2, #3 Exhibit 205-3, #4 Exhibit 205-4, #5 Exhibit 205-5, #6 Exhibit 206-1, #7 Exhibit 206-2, #8 Exhibit 206-3, #9 Exhibit 206-4, #10 Exhibit 206-5, #11 Exhibit 206-6, #12 Exhibit 207, #13 Exhibit 208, #14 Exhibit 209-1, #15 Exhibit 209-2, #16 Exhibit 209-3, #17 Exhibit 209-4, #18 Exhibit 209-5, #19 Exhibit 209-6, #20 Exhibit 209-7, #21 Exhibit 209-8, #22 Exhibit 209-9, #23 Exhibit 209-10, #24 Exhibit 209-11, #25 Exhibit 209-12, #26 Exhibit 209-13, #27 Exhibit 209-14, #28 Exhibit 209-15, #29 Exhibit 209-16, #30 Exhibit 209-17, #31 Exhibit 209-18, #32 Exhibit 209-19, #33 Exhibit 209-20, #34 Exhibit 209-21, #35 Exhibit 209-22, #36 Exhibit 209-23, #37 Exhibit 209-24, #38 Exhibit 209-25, #39 Exhibit 209-26, #40 Exhibit 209-27)(Selendy, Philippe)
May 9, 2014 Filing 726 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 184-1, #2 Exhibit 184-2, #3 Exhibit 185-1, #4 Exhibit 185-2, #5 Exhibit 185-3, #6 Exhibit 185-4, #7 Exhibit 185-5, #8 Exhibit 185-6, #9 Exhibit 185-7, #10 Exhibit 186-1, #11 Exhibit 186-2, #12 Exhibit 186-3, #13 Exhibit 186-4, #14 Exhibit 186-5, #15 Exhibit 186-6, #16 Exhibit 186-7, #17 Exhibit 187, #18 Exhibit 188, #19 Exhibit 189, #20 Exhibit 190, #21 Exhibit 191, #22 Exhibit 192-1, #23 Exhibit 192-2, #24 Exhibit 193, #25 Exhibit 194, #26 Exhibit 195, #27 Exhibit 196, #28 Exhibit 197, #29 Exhibit 198, #30 Exhibit 199, #31 Exhibit 200, #32 Exhibit 201, #33 Exhibit 202, #34 Exhibit 203, #35 Exhibit 204)(Selendy, Philippe)
May 9, 2014 Filing 725 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 177-1, #2 Exhibit 177-2, #3 Exhibit 177-3, #4 Exhibit 177-4, #5 Exhibit 177-5, #6 Exhibit 177-6, #7 Exhibit 177-7, #8 Exhibit 177-8, #9 Exhibit 178-1, #10 Exhibit 178-2, #11 Exhibit 178-3, #12 Exhibit 178-4, #13 Exhibit 178-5, #14 Exhibit 178-6, #15 Exhibit 178-7, #16 Exhibit 178-8, #17 Exhibit 179, #18 Exhibit 180, #19 Exhibit 181-1, #20 Exhibit 181-2, #21 Exhibit 181-3, #22 Exhibit 181-4, #23 Exhibit 181-5, #24 Exhibit 181-6, #25 Exhibit 182-1, #26 Exhibit 182-2, #27 Exhibit 183-1, #28 Exhibit 183-2, #29 Exhibit 183-3, #30 Exhibit 183-4, #31 Exhibit 183-5, #32 Exhibit 183-6, #33 Exhibit 183-7)(Selendy, Philippe)
May 9, 2014 Filing 724 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 170-1, #2 Exhibit 170-2, #3 Exhibit 171-1, #4 Exhibit 171-2, #5 Exhibit 171-3, #6 Exhibit 171-4, #7 Exhibit 171-5, #8 Exhibit 171-6, #9 Exhibit 172-1, #10 Exhibit 172-2, #11 Exhibit 173-1, #12 Exhibit 173-2, #13 Exhibit 174-1, #14 Exhibit 174-2, #15 Exhibit 174-3, #16 Exhibit 174-4, #17 Exhibit 174-5, #18 Exhibit 174-6, #19 Exhibit 174-7, #20 Exhibit 175, #21 Exhibit 176)(Selendy, Philippe)
May 9, 2014 Filing 723 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 164-1, #2 Exhibit 164-2, #3 Exhibit 164-3, #4 Exhibit 164-4, #5 Exhibit 164-5, #6 Exhibit 164-6, #7 Exhibit 164-7, #8 Exhibit 164-8, #9 Exhibit 165-1, #10 Exhibit 165-2, #11 Exhibit 165-3, #12 Exhibit 165-4, #13 Exhibit 165-5, #14 Exhibit 165-6, #15 Exhibit 165-7, #16 Exhibit 166, #17 Exhibit 167, #18 Exhibit 168, #19 Exhibit 169-1, #20 Exhibit 169-2)(Selendy, Philippe)
May 9, 2014 Filing 722 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 158-1, #2 Exhibit 158-2, #3 Exhibit 158-3, #4 Exhibit 158-4, #5 Exhibit 158-5, #6 Exhibit 158-6, #7 Exhibit 158-7, #8 Exhibit 158-8, #9 Exhibit 159-1, #10 Exhibit 159-2, #11 Exhibit 160-1, #12 Exhibit 160-2, #13 Exhibit 160-3, #14 Exhibit 160-4, #15 Exhibit 160-5, #16 Exhibit 160-6, #17 Exhibit 160-7, #18 Exhibit 161-1, #19 Exhibit 161-2, #20 Exhibit 161-3, #21 Exhibit 161-4, #22 Exhibit 161-5, #23 Exhibit 161-6, #24 Exhibit 161-7, #25 Exhibit 162, #26 Exhibit 163-1, #27 Exhibit 163-2, #28 Exhibit 163-3, #29 Exhibit 163-4, #30 Exhibit 163-5, #31 Exhibit 163-6, #32 Exhibit 163-7, #33 Exhibit 163-8)(Selendy, Philippe)
May 9, 2014 Filing 721 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 146-1, #2 Exhibit 146-2, #3 Exhibit 147, #4 Exhibit 148, #5 Exhibit 149, #6 Exhibit 150, #7 Exhibit 151, #8 Exhibit 152, #9 Exhibit 153, #10 Exhibit 154-1, #11 Exhibit 154-2, #12 Exhibit 154-3, #13 Exhibit 155, #14 Exhibit 156, #15 Exhibit 157-1, #16 Exhibit 157-2, #17 Exhibit 157-3, #18 Exhibit 157-4, #19 Exhibit 157-5, #20 Exhibit 157-6, #21 Exhibit 157-7)(Selendy, Philippe)
May 9, 2014 Filing 720 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 130, #2 Exhibit 131, #3 Exhibit 132, #4 Exhibit 133, #5 Exhibit 134-1, #6 Exhibit 134-2, #7 Exhibit 135-1, #8 Exhibit 135-2, #9 Exhibit 136, #10 Exhibit 137, #11 Exhibit 138, #12 Exhibit 139, #13 Exhibit 140-1, #14 Exhibit 140-2, #15 Exhibit 141, #16 Exhibit 142, #17 Exhibit 143, #18 Exhibit 145-1, #19 Exhibit 145-2)(Selendy, Philippe)
May 9, 2014 Filing 719 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 125-1, #2 Exhibit 125-2, #3 Exhibit 126, #4 Exhibit 127-1, #5 Exhibit 127-2, #6 Exhibit 127-3, #7 Exhibit 127-4, #8 Exhibit 127-5, #9 Exhibit 127-6, #10 Exhibit 127-7, #11 Exhibit 128-1, #12 Exhibit 128-2, #13 Exhibit 128-3, #14 Exhibit 128-4, #15 Exhibit 128-5, #16 Exhibit 128-6, #17 Exhibit 128-7, #18 Exhibit 129-1, #19 Exhibit 129-2, #20 Exhibit 129-3, #21 Exhibit 129-4, #22 Exhibit 129-5, #23 Exhibit 129-6, #24 Exhibit 129-7)(Selendy, Philippe)
May 9, 2014 Filing 718 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 121, #2 Exhibit 122, #3 Exhibit 123, #4 Exhibit 124)(Selendy, Philippe)
May 9, 2014 Filing 717 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 117-1, #2 Exhibit 117-2, #3 Exhibit 118, #4 Exhibit 119, #5 Exhibit 120)(Selendy, Philippe)
May 9, 2014 Filing 716 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 113-1, #2 Exhibit 113-2, #3 Exhibit 113-3, #4 Exhibit 113-4, #5 Exhibit 114-1, #6 Exhibit 114-2, #7 Exhibit 114-3, #8 Exhibit 115-1, #9 Exhibit 115-2, #10 Exhibit 115-3, #11 Exhibit 115-4, #12 Exhibit 116)(Selendy, Philippe)
May 9, 2014 Filing 715 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 109-1, #2 Exhibit 109-2, #3 Exhibit 109-3, #4 Exhibit 109-4, #5 Exhibit 109-5, #6 Exhibit 109-6, #7 Exhibit 109-7, #8 Exhibit 110-1, #9 Exhibit 110-2, #10 Exhibit 110-3, #11 Exhibit 110-4, #12 Exhibit 110-5, #13 Exhibit 110-6, #14 Exhibit 110-7, #15 Exhibit 111-1, #16 Exhibit 111-2, #17 Exhibit 111-3, #18 Exhibit 111-4, #19 Exhibit 111-5, #20 Exhibit 112-1, #21 Exhibit 112-2, #22 Exhibit 112-3, #23 Exhibit 112-4)(Selendy, Philippe)
May 9, 2014 Filing 714 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 105-1, #2 Exhibit 105-2, #3 Exhibit 105-3, #4 Exhibit 105-4, #5 Exhibit 105-5, #6 Exhibit 105-6, #7 Exhibit 106-1, #8 Exhibit 106-2, #9 Exhibit 106-3, #10 Exhibit 106-4, #11 Exhibit 106-5, #12 Exhibit 106-6, #13 Exhibit 107-1, #14 Exhibit 107-2, #15 Exhibit 107-3, #16 Exhibit 107-4, #17 Exhibit 107-5, #18 Exhibit 107-6, #19 Exhibit 107-7, #20 Exhibit 108-1, #21 Exhibit 108-2, #22 Exhibit 108-3, #23 Exhibit 108-4, #24 Exhibit 108-5, #25 Exhibit 108-6, #26 Exhibit 108-7)(Selendy, Philippe)
May 9, 2014 Filing 713 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 101-1, #2 Exhibit 101-2, #3 Exhibit 101-3, #4 Exhibit 101-4, #5 Exhibit 101-5, #6 Exhibit 102-1, #7 Exhibit 102-2, #8 Exhibit 102-3, #9 Exhibit 102-4, #10 Exhibit 102-5, #11 Exhibit 103-1, #12 Exhibit 103-2, #13 Exhibit 103-3, #14 Exhibit 103-4, #15 Exhibit 103-5, #16 Exhibit 103-6, #17 Exhibit 104-1, #18 Exhibit 104-2, #19 Exhibit 104-3, #20 Exhibit 104-4, #21 Exhibit 104-5, #22 Exhibit 104-6)(Selendy, Philippe)
May 8, 2014 Filing 712 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 97-1, #2 Exhibit 97-2, #3 Exhibit 97-3, #4 Exhibit 97-4, #5 Exhibit 98-1, #6 Exhibit 98-2, #7 Exhibit 98-3, #8 Exhibit 98-4, #9 Exhibit 98-5, #10 Exhibit 99-1, #11 Exhibit 99-2, #12 Exhibit 99-3, #13 Exhibit 99-4, #14 Exhibit 99-5, #15 Exhibit 100-1, #16 Exhibit 100-2, #17 Exhibit 100-3, #18 Exhibit 100-4, #19 Exhibit 100-5, #20 Exhibit 100-6)(Selendy, Philippe)
May 8, 2014 Filing 711 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 93-1, #2 Exhibit 93-2, #3 Exhibit 93-3, #4 Exhibit 93-4, #5 Exhibit 93-5, #6 Exhibit 93-6, #7 Exhibit 94-1, #8 Exhibit 94-2, #9 Exhibit 94-3, #10 Exhibit 94-4, #11 Exhibit 94-5, #12 Exhibit 95-1, #13 Exhibit 95-2, #14 Exhibit 95-3, #15 Exhibit 95-4, #16 Exhibit 95-5, #17 Exhibit 95-6, #18 Exhibit 96-1, #19 Exhibit 96-2, #20 Exhibit 96-3, #21 Exhibit 96-4)(Selendy, Philippe)
May 8, 2014 Filing 710 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 89-1, #2 Exhibit 89-2, #3 Exhibit 89-3, #4 Exhibit 89-4, #5 Exhibit 89-5, #6 Exhibit 90-1, #7 Exhibit 90-2, #8 Exhibit 90-3, #9 Exhibit 90-4, #10 Exhibit 90-5, #11 Exhibit 91-1, #12 Exhibit 91-2, #13 Exhibit 91-3, #14 Exhibit 91-4, #15 Exhibit 91-5, #16 Exhibit 92-1, #17 Exhibit 92-2, #18 Exhibit 92-3, #19 Exhibit 92-4, #20 Exhibit 92-5)(Selendy, Philippe)
May 8, 2014 Filing 709 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 85-1, #2 Exhibit 85-2, #3 Exhibit 85-3, #4 Exhibit 85-4, #5 Exhibit 85-5, #6 Exhibit 85-6, #7 Exhibit 86-1, #8 Exhibit 86-2, #9 Exhibit 86-3, #10 Exhibit 86-4, #11 Exhibit 86-5, #12 Exhibit 86-6, #13 Exhibit 87-1, #14 Exhibit 87-2, #15 Exhibit 87-3, #16 Exhibit 87-4, #17 Exhibit 87-5, #18 Exhibit 88-1, #19 Exhibit 88-2, #20 Exhibit 88-3, #21 Exhibit 88-4, #22 Exhibit 88-5)(Selendy, Philippe)
May 8, 2014 Filing 708 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 81-1, #2 Exhibit 81-2, #3 Exhibit 81-3, #4 Exhibit 81-4, #5 Exhibit 81-5, #6 Exhibit 82-1, #7 Exhibit 82-2, #8 Exhibit 82-3, #9 Exhibit 82-4, #10 Exhibit 82-5, #11 Exhibit 83-1, #12 Exhibit 83-2, #13 Exhibit 83-3, #14 Exhibit 83-4, #15 Exhibit 83-5, #16 Exhibit 84-1, #17 Exhibit 84-2, #18 Exhibit 84-3, #19 Exhibit 84-4, #20 Exhibit 84-5)(Selendy, Philippe)
May 8, 2014 Filing 707 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 77-1, #2 Exhibit 77-2, #3 Exhibit 77-3, #4 Exhibit 78-1, #5 Exhibit 78-2, #6 Exhibit 78-3, #7 Exhibit 78-4, #8 Exhibit 78-5, #9 Exhibit 78-6, #10 Exhibit 78-7, #11 Exhibit 78-8, #12 Exhibit 78-9, #13 Exhibit 79-1, #14 Exhibit 79-2, #15 Exhibit 79-3, #16 Exhibit 79-4, #17 Exhibit 79-5, #18 Exhibit 80-1, #19 Exhibit 80-2, #20 Exhibit 80-3, #21 Exhibit 80-4, #22 Exhibit 80-5)(Selendy, Philippe)
May 8, 2014 Filing 706 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 73-1, #2 Exhibit 73-2, #3 Exhibit 73-3, #4 Exhibit 73-4, #5 Exhibit 73-5, #6 Exhibit 74-1, #7 Exhibit 74-2, #8 Exhibit 74-3, #9 Exhibit 74-4, #10 Exhibit 74-5, #11 Exhibit 74-6, #12 Exhibit 74-7, #13 Exhibit 74-8, #14 Exhibit 75-1, #15 Exhibit 75-2, #16 Exhibit 75-3, #17 Exhibit 75-4, #18 Exhibit 75-5, #19 Exhibit 76-1, #20 Exhibit 76-2, #21 Exhibit 76-3, #22 Exhibit 76-4, #23 Exhibit 76-5)(Selendy, Philippe)
May 8, 2014 Filing 705 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 69-1, #2 Exhibit 69-2, #3 Exhibit 69-3, #4 Exhibit 69-4, #5 Exhibit 69-5, #6 Exhibit 70-1, #7 Exhibit 70-2, #8 Exhibit 70-3, #9 Exhibit 70-4, #10 Exhibit 70-5, #11 Exhibit 71-1, #12 Exhibit 71-2, #13 Exhibit 71-3, #14 Exhibit 71-4, #15 Exhibit 71-5, #16 Exhibit 71-6, #17 Exhibit 71-7, #18 Exhibit 72-1, #19 Exhibit 72-2, #20 Exhibit 72-3, #21 Exhibit 72-4, #22 Exhibit 72-5)(Selendy, Philippe)
May 8, 2014 Filing 704 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 65-1, #2 Exhibit 65-2, #3 Exhibit 65-3, #4 Exhibit 65-4, #5 Exhibit 65-5, #6 Exhibit 66-1, #7 Exhibit 66-2, #8 Exhibit 66-3, #9 Exhibit 66-4, #10 Exhibit 66-5, #11 Exhibit 67-1, #12 Exhibit 67-2, #13 Exhibit 67-3, #14 Exhibit 67-4, #15 Exhibit 67-5, #16 Exhibit 67-6, #17 Exhibit 68-1, #18 Exhibit 68-2, #19 Exhibit 68-3, #20 Exhibit 68-4, #21 Exhibit 68-5)(Selendy, Philippe)
May 8, 2014 Filing 703 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 61-1, #2 Exhibit 61-2, #3 Exhibit 61-3, #4 Exhibit 61-4, #5 Exhibit 61-5, #6 Exhibit 61-6, #7 Exhibit 62-1, #8 Exhibit 62-2, #9 Exhibit 62-3, #10 Exhibit 62-4, #11 Exhibit 62-5, #12 Exhibit 63-1, #13 Exhibit 63-2, #14 Exhibit 63-3, #15 Exhibit 63-4, #16 Exhibit 63-5, #17 Exhibit 64-1, #18 Exhibit 64-2, #19 Exhibit 64-3, #20 Exhibit 64-4, #21 Exhibit 64-5, #22 Exhibit 64-6, #23 Exhibit 64-7)(Selendy, Philippe)
May 8, 2014 Filing 702 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 58-1, #2 Exhibit 58-2, #3 Exhibit 58-3, #4 Exhibit 58-4, #5 Exhibit 58-5, #6 Exhibit 58-6, #7 Exhibit 59-1, #8 Exhibit 59-2, #9 Exhibit 59-3, #10 Exhibit 59-4, #11 Exhibit 59-5, #12 Exhibit 59-6, #13 Exhibit 59-7, #14 Exhibit 60-1, #15 Exhibit 60-2, #16 Exhibit 60-3, #17 Exhibit 60-4, #18 Exhibit 60-5, #19 Exhibit 60-6, #20 Exhibit 60-7)(Selendy, Philippe)
May 8, 2014 Filing 701 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 55-1, #2 Exhibit 55-2, #3 Exhibit 55-3, #4 Exhibit 55-4, #5 Exhibit 55-5, #6 Exhibit 55-6, #7 Exhibit 55-7, #8 Exhibit 56-1, #9 Exhibit 56-2, #10 Exhibit 56-3, #11 Exhibit 56-4, #12 Exhibit 56-5, #13 Exhibit 56-6, #14 Exhibit 57-1, #15 Exhibit 57-2, #16 Exhibit 57-3, #17 Exhibit 57-4, #18 Exhibit 57-5, #19 Exhibit 57-6, #20 Exhibit 57-7)(Selendy, Philippe)
May 8, 2014 Filing 700 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 51-1, #2 Exhibit 51-2, #3 Exhibit 51-3, #4 Exhibit 51-4, #5 Exhibit 51-5, #6 Exhibit 52-1, #7 Exhibit 52-2, #8 Exhibit 52-3, #9 Exhibit 52-4, #10 Exhibit 52-5, #11 Exhibit 53-1, #12 Exhibit 53-2, #13 Exhibit 53-3, #14 Exhibit 53-4, #15 Exhibit 53-5, #16 Exhibit 53-6, #17 Exhibit 53-7, #18 Exhibit 53-8, #19 Exhibit 54-1, #20 Exhibit 54-2, #21 Exhibit 54-3, #22 Exhibit 54-4, #23 Exhibit 54-5, #24 Exhibit 54-6)(Selendy, Philippe)
May 8, 2014 Filing 699 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 48-1, #2 Exhibit 48-2, #3 Exhibit 48-3, #4 Exhibit 48-4, #5 Exhibit 48-5, #6 Exhibit 48-6, #7 Exhibit 48-7, #8 Exhibit 49-1, #9 Exhibit 49-2, #10 Exhibit 49-3, #11 Exhibit 49-4, #12 Exhibit 49-5, #13 Exhibit 50-1, #14 Exhibit 50-2, #15 Exhibit 50-3, #16 Exhibit 50-4, #17 Exhibit 50-5, #18 Exhibit 50-6, #19 Exhibit 50-7)(Selendy, Philippe)
May 8, 2014 Filing 698 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 44-1, #2 Exhibit 44-2, #3 Exhibit 44-3, #4 Exhibit 44-4, #5 Exhibit 44-5, #6 Exhibit 45-1, #7 Exhibit 45-2, #8 Exhibit 45-3, #9 Exhibit 45-4, #10 Exhibit 45-5, #11 Exhibit 45-6, #12 Exhibit 45-7, #13 Exhibit 46-1, #14 Exhibit 46-2, #15 Exhibit 46-3, #16 Exhibit 46-4, #17 Exhibit 46-5, #18 Exhibit 47-1, #19 Exhibit 47-2, #20 Exhibit 47-3, #21 Exhibit 47-4)(Selendy, Philippe)
May 8, 2014 Filing 697 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 41-1, #2 Exhibit 41-2, #3 Exhibit 41-3, #4 Exhibit 41-4, #5 Exhibit 42-1, #6 Exhibit 42-2, #7 Exhibit 42-3, #8 Exhibit 42-4, #9 Exhibit 42-5, #10 Exhibit 42-6, #11 Exhibit 42-7, #12 Exhibit 43-1, #13 Exhibit 43-2, #14 Exhibit 43-3, #15 Exhibit 43-4, #16 Exhibit 43-5, #17 Exhibit 43-6, #18 Exhibit 43-7)(Selendy, Philippe)
May 8, 2014 Filing 696 DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25, #5 Exhibit 26, #6 Exhibit 27, #7 Exhibit 28, #8 Exhibit 29, #9 Exhibit 30, #10 Exhibit 31, #11 Exhibit 32, #12 Exhibit 33, #13 Exhibit 34, #14 Exhibit 35, #15 Exhibit 36, #16 Exhibit 37, #17 Exhibit 38, #18 Exhibit 39-1, #19 Exhibit 39-2, #20 Exhibit 39-3, #21 Exhibit 39-4, #22 Exhibit 40-1, #23 Exhibit 40-2, #24 Exhibit 40-3, #25 Exhibit 40-4, #26 Exhibit 40-5, #27 Exhibit 40-6)(Selendy, Philippe)
May 8, 2014 Filing 695 SEALED DOCUMENT placed in vault.(mps)
May 7, 2014 Filing 694 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated May 7, 2014 re: Supplemental Privilege Submissions. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
May 7, 2014 Opinion or Order Filing 693 ENDORSED LETTER addressed to Judge Denise L. Cote from Amanda F. Davidoff dated 5/5/2014. Letter in response to the Court's April 23, 2014 order that we identify any materials from FHFA's April 22, 2014 Motion for Partial Summary Judgment that Defendants request remain under seal...Nomura proposes to redact the home addresses of two former Nomura employees to protect their privacyENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/5/2014) (gr)
May 6, 2014 Filing 692 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 73 PART 1, #2 Exhibit 73 PART 2, #3 Exhibit 73 PART 3, #4 Exhibit 73 PART 4, #5 Exhibit 74 PART 1, #6 Exhibit 74 PART 2, #7 Exhibit 74 PART 3, #8 Exhibit 74 PART 4, #9 Exhibit 74 PART 5, #10 Exhibit 74 PART 6, #11 Exhibit 74 PART 7, #12 Exhibit 75 PART 1, #13 Exhibit 75 PART 2, #14 Exhibit 75 PART 3, #15 Exhibit 75 PART 4, #16 Exhibit 76 PART 1, #17 Exhibit 76 PART 2, #18 Exhibit 76 PART 3, #19 Exhibit 76 PART 4, #20 Exhibit 77 PART 1, #21 Exhibit 77 PART 2, #22 Exhibit 77 PART 3)(Selendy, Philippe) Modified on 5/7/2014 (db).
May 6, 2014 Filing 691 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 66 PART 1, #2 Exhibit 66 PART 2, #3 Exhibit 66 PART 3, #4 Exhibit 66 PART 4, #5 Exhibit 67 PART 1, #6 Exhibit 67 PART 2, #7 Exhibit 67 PART 3, #8 Exhibit 67 PART 4, #9 Exhibit 67 PART 5, #10 Exhibit 67 PART 6, #11 Exhibit 68 PART 1, #12 Exhibit 68 PART 2, #13 Exhibit 68 PART 3, #14 Exhibit 68 PART 4, #15 Exhibit 69 PART 1, #16 Exhibit 69 PART 2, #17 Exhibit 69 PART 3, #18 Exhibit 69 PART 4, #19 Exhibit 70 PART 1, #20 Exhibit 70 PART 2, #21 Exhibit 70 PART 3, #22 Exhibit 70 PART 4, #23 Exhibit 71 PART 1, #24 Exhibit 71 PART 2, #25 Exhibit 71 PART 3, #26 Exhibit 71 PART 4, #27 Exhibit 71 PART 5, #28 Exhibit 71 PART 6, #29 Exhibit 71 PART 7, #30 Exhibit 72 PART 1, #31 Exhibit 72 PART 2, #32 Exhibit 72 PART 3, #33 Exhibit 72 PART 4)(Selendy, Philippe) Modified on 5/7/2014 (db).
May 6, 2014 Filing 690 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 55 PART 1, #2 Exhibit 55 PART 2, #3 Exhibit 55 PART 3, #4 Exhibit 55 PART 4, #5 Exhibit 55 PART 5, #6 Exhibit 55 PART 6, #7 Exhibit 56 PART 1, #8 Exhibit 56 PART 2, #9 Exhibit 56 PART 3, #10 Exhibit 56 PART 4, #11 Exhibit 56 PART 5, #12 Exhibit 56 PART 6, #13 Exhibit 57 PART 1, #14 Exhibit 57 PART 2, #15 Exhibit 57 PART 3, #16 Exhibit 57 PART 4, #17 Exhibit 57 PART 5, #18 Exhibit 57 PART 6, #19 Exhibit 58 PART 1, #20 Exhibit 58 PART 2, #21 Exhibit 58 PART 3, #22 Exhibit 58 PART 4, #23 Exhibit 58 PART 5, #24 Exhibit 59 PART 1, #25 Exhibit 59 PART 2, #26 Exhibit 59 PART 3, #27 Exhibit 59 PART 4, #28 Exhibit 59 PART 5, #29 Exhibit 59 PART 6, #30 Exhibit 60 PART 1, #31 Exhibit 60 PART 2, #32 Exhibit 60 PART 3, #33 Exhibit 60 PART 4, #34 Exhibit 60 PART 5, #35 Exhibit 60 PART 6, #36 Exhibit 61 PART 1, #37 Exhibit 61 PART 2, #38 Exhibit 61 PART 3, #39 Exhibit 61 PART 4, #40 Exhibit 61 PART 5, #41 Exhibit 62 PART 1, #42 Exhibit 62 PART 2, #43 Exhibit 62 PART 3, #44 Exhibit 62 PART 4, #45 Exhibit 63 PART 1, #46 Exhibit 63 PART 2, #47 Exhibit 63 PART 3, #48 Exhibit 63 PART 4, #49 Exhibit 64 PART 1, #50 Exhibit 64 PART 2, #51 Exhibit 64 PART 3, #52 Exhibit 64 PART 4, #53 Exhibit 64 PART 5, #54 Exhibit 64 PART 6, #55 Exhibit 64 PART 7, #56 Exhibit 65 PART 1, #57 Exhibit 65 PART 2, #58 Exhibit 65 PART 3, #59 Exhibit 5 PART 4)(Selendy, Philippe) Modified on 5/7/2014 (db).
May 6, 2014 Filing 689 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Andrew R. Dunlap in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 47 Part 1, #2 Exhibit 47 Part 2, #3 Exhibit 47 Part 3, #4 Exhibit 47 Part 4, #5 Exhibit 48 Part 1, #6 Exhibit 48 Part 2, #7 Exhibit 48 Part 3, #8 Exhibit 48 Part 4, #9 Exhibit 48 Part 5, #10 Exhibit 48 Part 6, #11 Exhibit 49 Part 1, #12 Exhibit 49 Part 2, #13 Exhibit 49 Part 3, #14 Exhibit 49 Part 4, #15 Exhibit 50 Part 1, #16 Exhibit 50 Part 2, #17 Exhibit 50 Part 3, #18 Exhibit 50 Part 4, #19 Exhibit 50 Part 5, #20 Exhibit 50 Part 6, #21 Exhibit 50 Part 7, #22 Exhibit 51 Part 1, #23 Exhibit 51 Part 2, #24 Exhibit 51 Part 3, #25 Exhibit 51 Part 4, #26 Exhibit 51 Part 5, #27 Exhibit 52 Part 1, #28 Exhibit 52 Part 2, #29 Exhibit 52 Part 3, #30 Exhibit 52 Part 4, #31 Exhibit 52 Part 5, #32 Exhibit 53 Part 1, #33 Exhibit 53 Part 2, #34 Exhibit 53 Part 3, #35 Exhibit 53 Part 4, #36 Exhibit 53 Part 5, #37 Exhibit 53 Part 6, #38 Exhibit 53 Part 7, #39 Exhibit 54 Part 1, #40 Exhibit 54 Part 2, #41 Exhibit 54 Part 3, #42 Exhibit 54 Part 4, #43 Exhibit 54 Part 5, #44 Exhibit 54 Part 6)(Selendy, Philippe) Modified on 5/7/2014 (db).
May 6, 2014 Filing 688 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 41 PART 1, #2 Exhibit 41 PART 2, #3 Exhibit 41 PART 3, #4 Exhibit 41 PART 4, #5 Exhibit 42 PART 1, #6 Exhibit 42 PART 2, #7 Exhibit 42 PART 3, #8 Exhibit 42 PART 4, #9 Exhibit 42 PART 5, #10 Exhibit 42 PART 6, #11 Exhibit 43 PART 1, #12 Exhibit 43 PART 2, #13 Exhibit 43 PART 3, #14 Exhibit 43 PART 4, #15 Exhibit 43 PART 5, #16 Exhibit 43 PART 6, #17 Exhibit 44 PART 1, #18 Exhibit 44 PART 2, #19 Exhibit 44 PART 3, #20 Exhibit 44 PART 4, #21 Exhibit 44 PART 5, #22 Exhibit 45 PART 1, #23 Exhibit 45 PART 2, #24 Exhibit 45 PART 3, #25 Exhibit 45 PART 4, #26 Exhibit 45 PART 5, #27 Exhibit 45 PART 6, #28 Exhibit 46 PART 1, #29 Exhibit 46 PART 2, #30 Exhibit 46 PART 3, #31 Exhibit 46 PART 4)(Selendy, Philippe) Modified on 5/7/2014 (db).
May 6, 2014 Opinion or Order Filing 687 ORDER granting #682 Motion for Jonathan C. Eser to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
May 6, 2014 Filing 686 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25, #5 Exhibit 26, #6 Exhibit 27, #7 Exhibit 28, #8 Exhibit 29, #9 Exhibit 30, #10 Exhibit 31, #11 Exhibit 32, #12 Exhibit 33, #13 Exhibit 34, #14 Exhibit 35, #15 Exhibit 36, #16 Exhibit 37, #17 Exhibit 38, #18 Exhibit 39 PART 1, #19 Exhibit 39 PART 2, #20 Exhibit 39 PART 3, #21 Exhibit 39 PART 4, #22 Exhibit 40 PART 1, #23 Exhibit 40 PART 2, #24 Exhibit 40 PART 3, #25 Exhibit 40 PART 4, #26 Exhibit 40 PART 5, #27 Exhibit 40 PART 6, #28 Exhibit 40 PART 7)(Selendy, Philippe) Modified on 5/7/2014 (db).
May 6, 2014 Filing 685 DECLARATION of ANDREW R. DUNLAP in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Selendy, Philippe)
May 6, 2014 Filing 684 RULE 56.1 STATEMENT. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
May 6, 2014 Filing 683 MEMORANDUM OF LAW in Support re: #662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. . Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
May 1, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #682 MOTION for Jonathan C. Eser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9622533. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 30, 2014 Filing 682 MOTION for Jonathan C. Eser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9622533. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Text of Proposed Order, #2 New York- Certificate of Good Standing)(Eser, Jonathan)
April 30, 2014 Filing 681 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel for Plaintiff FHFA dated 4/29/2014 re: Admissibility of Loan Files and Guidelines. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/30/2014) (gr)
April 30, 2014 Opinion or Order Filing 680 STIPULATION AND ORDER RE THIRD-PARTY DISCOVERY. (Signed by Judge Denise L. Cote on 4/29/2014) (gr)
April 29, 2014 Filing 679 LETTER addressed to Judge Denise L. Cote from Adam Abensohn dated April 29, 2014 re: Admissibility of Loan Files and Guidelines. Document filed by Federal Housing Finance Agency.(Abensohn, Adam)
April 29, 2014 Filing 678 ENDORSED LETTER addressed to Judge Denise L. Cote from Richard H. Klapper dated 4/28/2014 re: Correction to parties' briefing schedule. Defendants' opposition briefs due 6/3/2014. FHFA's reply brief due 6/24/2014. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 4/29/2014) (gr)
April 28, 2014 Filing 677 ENDORSED LETTER addressed to Judge Denise L. Cote from Richard H. Klapper dated 4/25/2014 re: Defendants respectfully request that the Court endorse the parties' agreed-upon page limits and Defendants' request for the following briefing scheduled: Defendants' opposition briefs due 6/2/2014. FHFA's reply brief due 6/23/2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/28/2014) (gr)
April 28, 2014 Filing 676 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated April 25, 2014 re: Admissibility of Loan Files and Guidelines. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A)(Conlon, John)
April 28, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Orth Ware. Document No. #674 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Withdraw as Attorney must be formally filed. (db)
April 25, 2014 Filing 675 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael O. Ware dated 4/25/2014 re: Request that the Court relieve Drew J.M. Bradylons as an attorney for the defendant and direct the Clerk to terminate his ECF notice. ENDORSEMENT: Granted. The Clerk of Court shall take appropriate action. (Signed by Judge Denise L. Cote on 4/25/2014) (gr)
April 25, 2014 Filing 674 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Drew J.M. Bradylyons to Withdraw as Attorney for the Defendants. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael) Modified on 4/28/2014 (db).
April 24, 2014 Filing 673 NOTICE OF APPEARANCE by Sascha Nicholas Rand on behalf of Federal Housing Finance Agency. (Rand, Sascha)
April 24, 2014 Filing 672 ENDORSED LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated 4/23/2014 re: HSBC Defendants' request for an additional extension of the 4/23/2014 to submit supplemental submissions, to May 7, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/24/2014) (gr)
April 23, 2014 Filing 671 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 4/23/2014 re: Supplemental Privilege Submission. Document filed by Federal Housing Finance Agency.(Bruce, Eric)
April 23, 2014 Filing 670 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated April 23, 2014 re: Request for Additional Extension to Make Supplemental Privilege Submissions. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Goeke, Reginald)
April 23, 2014 Opinion or Order Filing 669 ORDER granting #655 Motion for Catherine A. Bernard to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
April 23, 2014 Filing 668 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel for Plaintiff FHFA dated 4/22/2014 re: Admissibility of Loan Files and Guidelines. ENDORSEMENT: The defendant shall respond to this request by 4/25/14. (Signed by Judge Denise L. Cote on 4/22/2014) (gr)
April 23, 2014 Filing 667 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel for Plaintiff FHFA dated 4/22/2014. Letter regarding the appropriateness of the confidential designation on the documents filed by FHFA on April 22, 2014... ENDORSEMENT: Defendants shall advise FHFA by 4/28/14 whether they desire that any material be sealed. The parties shall submit proposed redactions by 5/2/14. (Signed by Judge Denise L. Cote on 4/22/2014) (gr)
April 23, 2014 Opinion or Order Filing 666 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel for Plaintiff FHFA dated 4/22/2014 re: Letter requesting that the Court order Defendants to file a single opposition brief in response to Plaintiff's motion for partial summary judgment on the GSE's knowledge.... ENDORSEMENT: Defendants shall respond to this request by 4/25/14. (Signed by Judge Denise L. Cote on 4/22/2014) (gr)
April 22, 2014 Filing 665 LETTER addressed to Judge Denise L. Cote from Adam Abensohn dated 04.22.14 re: Admissibility of loan files and guidelines.. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Abensohn, Adam)
April 22, 2014 Filing 664 LETTER addressed to Judge Denise L. Cote from FHFA dated 04/22/2014 re: Publicly Filing FHFA's Motion for Partial Summary Judgment on the GSEs' Knowledge. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
April 22, 2014 Filing 663 LETTER addressed to Judge Denise L. Cote from FHFA dated 04/22/2014 re: Consolidated Briefing for FHFA's Motion for Partial Summary Judgment on the GSEs' Knowledge. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
April 22, 2014 Filing 662 MOTION for Partial Summary Judgment on the GSEs' Knowledge. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
April 22, 2014 Filing 661 ENDORSED LETTER addressed to Judge Denise L. Cote from Jonathan Oblak dated 4/17/2014 re: Quash HSBC Subpoenas for Expert Reports. ENDORSEMENT: On the condition that FHFA will not rely upon expert reports prepared by the HSBC expert(s) and served upon FHFA in coordinated cases, this application to quash is granted. Pursuant to this condition, those other expert reports may not be used to examine the expert at a deposition or trial. The parties shall confer and advise the Court if any dispute on this topic remains. (Signed by Judge Denise L. Cote on 4/22/2014) (gr)
April 18, 2014 Filing 660 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated April 18, 2014 re: in opposition to FHFA's motion to quash (docket # 659). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation. (Attachments: #1 Exhibit A)(Michaelson, Andrew)
April 17, 2014 Filing 659 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 4.17.14 re: Quash HSBC Subpoenas for Expert Reports. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Oblak, Jonathan)
April 16, 2014 Filing 658 ENDORSED LETTER addressed to Judge Denise L. Cote from Steven W. Perstein and Reginald R. Goeke dated 4/16/2014 re: FHFA and Defendants request an extension of time to make supplemental submissions by April 23, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/16/2014) (gr)
April 16, 2014 Opinion or Order Filing 657 ORDER...The Topic 3 of the subpoena is stricken to the extent that it calls for such improper testimony. IT IS FURTHER ORDERED that the request for access to the Doty and Meyer transcripts is denied. (Signed by Judge Denise L. Cote on 4/16/2014) (gr)
April 16, 2014 Opinion or Order Filing 656 ORDER granting #648 Motion for Malgorzata Markowski to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
April 16, 2014 Filing 655 AMENDED MOTION for Catherine A. Bernard to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Proposed Order)(Bernard, Catherine)
April 16, 2014 Filing 654 JOINT LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated April 16, 2014 re: Parties' Joint Request for Extension to Make Supplemental Privilege Submissions. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Goeke, Reginald)
April 16, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #655 AMENDED MOTION for Catherine A. Bernard 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)
April 11, 2014 Filing 653 LETTER addressed to Judge Denise L. Cote from Richard Schirtzer dated April 11, 2014 re: Plaintiff FHFA's Response to LETTER from Defendants dated 4/8/2014 re: Request for Discovery from CoreLogic. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1)(Schirtzer, Richard)
April 11, 2014 Filing 652 LETTER addressed to Judge Denise L. Cote from Richard H. Klapper dated 4/8/2014 re: Defendants' Request for Discovery from CoreLogic. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Dunn, Joseph)
April 11, 2014 Filing 651 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/22/14 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...(McGuirk, Kelly)
April 11, 2014 Filing 650 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/22/2014 before Judge Denise L. Cote. 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 5/5/2014. Redacted Transcript Deadline set for 5/15/2014. Release of Transcript Restriction set for 7/14/2014.(McGuirk, Kelly)
April 11, 2014 Opinion or Order Filing 649 ORDER:....On February 14, the Court so-ordered a Stipulation of Voluntary Dismissal with Prejudice in the Morgan Stanley action following a settlement disposing of all pending claims. The Court did the same in the Credit Suisse action on April 10. Accordingly, it is hereby ORDERED that the Ally Financial action will be tried beginning on September 29, 2014. IT IS FURTHER ORDERED that the parties shall meet and confer to address any scheduling issues related to the September trial schedule. (Signed by Judge Denise L. Cote on 4/11/2014) (gr)
April 9, 2014 Filing 648 MOTION for Malgorzata Markowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9549102. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Order Granting Admission Pro Hac Vice)(Markowski, Malgorzata)
April 9, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #648 MOTION for Malgorzata Markowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9549102. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 7, 2014 Filing 647 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated April 7, 2014 re: Defendants' Response to April 3, 2014 Order. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Goeke, Reginald)
April 7, 2014 Filing 646 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 4/7/2014 re: Response to April 3, 2014 Order. Document filed by Federal Housing Finance Agency.(Bruce, Eric)
April 3, 2014 Opinion or Order Filing 645 MEMORANDUM AND OPINION & ORDER 104164: The parties in these coordinated litigations dispute whether documents have properly been withheld on the ground of attorney-client or work-product privilege. Following letters of March 5 and 14, the parties submitted the challenged documents for review in camera on March 21. After a recitation of the governing legal standards, each partys challenged privilege claims that pertain to an invocation of the attorney-client or work-product privileges are considered in turn. Orders in this Opinion appear in each of these sections, as well as at the end of this Opinion. (See Memorandum And Opinion & Order.) (Signed by Judge Denise L. Cote on 4/3/2014) (gr) Modified on 4/7/2014 (nt).
April 2, 2014 Filing 644 NOTICE OF APPEARANCE by Joseph Wesslund Dunn on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Dunn, Joseph)
April 1, 2014 Filing 643 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Catherine A. Bernard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9518333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Proposed Order)(Bernard, Catherine) Modified on 4/1/2014 (bcu).
April 1, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #643 MOTION for Catherine A. Bernard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9518333. 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 Supremem 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)
March 28, 2014 Filing 642 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/9/13 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...(Rodriguez, Somari)
March 28, 2014 Filing 641 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/9/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Steven Greenblum, (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 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/30/2014.(Rodriguez, Somari)
March 26, 2014 Filing 640 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/18/14 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...(Rodriguez, Somari)
March 26, 2014 Filing 639 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/18/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Alena Lynch, (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 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/27/2014.(Rodriguez, Somari)
March 24, 2014 Filing 638 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/21/2014 re: Response to Defendants' March 14, 2014 Letter. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Bruce, Eric)
March 24, 2014 Filing 637 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 21, 2014 re: Defendants Submission in Response to FHFAs March 14, 2014 Letter to the Court. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 1 To Hamburg Declaration)(Goeke, Reginald)
March 21, 2014 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/21/2014. (gr)
March 18, 2014 Filing 636 NOTICE OF APPEARANCE by Robert William Hamburg on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Hamburg, Robert)
March 18, 2014 Opinion or Order Filing 635 ORDER: In letters of March 5 and March 14, the parties raised discovery disputes regarding privilege claims. It is hereby ORDERED that a telephone conference will be held with the parties to address this issue on March 18, 2014 at 11:00 AM. (Signed by Judge Denise L. Cote on 3/18/2014) (gr)
March 18, 2014 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/18/2014. (Court Reporter Alena Lynch) (gr)
March 17, 2014 Filing 634 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/14/2014 re: Response to Defendants' March 5, 2014 Letters. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Bruce, Eric)
March 14, 2014 Filing 633 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 14, 2014 re: Response to FHFA's March 5, 2014 Letter on Privilege. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Appendix Appendix A)(Goeke, Reginald)
March 12, 2014 Filing 632 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 3.12.14 Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
March 7, 2014 Opinion or Order Filing 631 ORDER granting #629 Motion for Brad H. Samuels to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
March 7, 2014 Filing 630 ENDORSED LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated 3/7/2014 re: Defendants' request to be allowed to respond to FHFA's submission with a two-page letter, together with supporting exhibits as needed, by no later than March 14, 2014. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/7/2014) (gr)
March 7, 2014 Filing 629 MOTION for Brad H. Samuels to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9431042. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Proposed Order, #2 DC Certificate of Good Standing, #3 MD Certificate of Good Standing)(Samuels, Bradley)
March 7, 2014 Filing 628 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated 3/7/14 re: FHFAs March 5, 2014 Submission.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Goeke, Reginald)
March 7, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #629 MOTION for Brad H. Samuels to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9431042. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 6, 2014 Filing 627 LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated March 5, 2014 re: request that the Court compel FHFA to produce documents that FHFA has placed at issue and thereby waived privilege. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Declaration of N. Mahmood Ahmad, #2 Exhibit A - Redacted, #3 Exhibit B, #4 Exhibit C - Redacted, #5 Exhibit D - Redacted, #6 Exhibit E - Redacted, #7 Exhibit F - Redacted, #8 Exhibit G - Redacted, #9 Exhibit H, #10 Exhibit I - Redacted, #11 Exhibit J - Redacted, #12 Exhibit K - Redacted, #13 Exhibit L - Redacted)(Goeke, Reginald)
March 6, 2014 Filing 626 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/5/2014 re: Defendants Productions. Document filed by Federal Housing Finance Agency. (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)(Bruce, Eric)
March 6, 2014 Filing 625 ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff FHFA dated 3/6/2014 re: Letter requesting that it be allowed to respond with a single letter not to exceed eight pages - and additional attorney declarations should be they necessary to respond to Defendants' submissions of last night. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/6/2014) (gr)
March 6, 2014 Filing 624 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 5, 2014 re: FHFA's Invocation of the Deliberative Process Privilege. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1. Declaration of Robert W. Hamburg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Goeke, Reginald)
March 6, 2014 Filing 623 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 5, 2014 re: FHFA's Invocation of the Bank Examination Privilege. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1. Declaration of Reginald R. Goeke, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Goeke, Reginald)
March 6, 2014 Filing 622 LETTER addressed to Judge Denise L. Cote from Reginald R. Goeke dated March 5, 2014 re: FHFA Privilege Log. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1. Declaration of Reginald R. Goeke, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Goeke, Reginald)
March 6, 2014 Filing 621 LETTER addressed to Judge Denise L. Cote from Eric B. Bruce dated 3/6/2014 re: Defendants March 5, 2014 submission. Document filed by Federal Housing Finance Agency.(Bruce, Eric)
March 6, 2014 Filing 620 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/24/2014 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)
March 6, 2014 Filing 619 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/24/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Steven Griffing, (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 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/9/2014.(McGuirk, Kelly)
February 24, 2014 Opinion or Order Filing 618 ORDER. In a letter dated 2/19/2014, plaintiff FHFA raised a discovery dispute regarding subpoenas served on third parties Clayton Holdings LLC and Pentalpha Surveillance. Defendants filed a responsive letter on 2/21. It is hereby ORDERED that a telephone conference will be held with the parties to address this issue on 2/24/2014 at 04:00 PM. (Signed by Judge Denise L. Cote on 2/24/2014) (gr)
February 21, 2014 Opinion or Order Filing 617 ENDORSED LETTER addressed to Judge Denise L. Cote from Letter on behalf of Plaintiff Federal Housing Finance Agency ("FHFA") dated 2/19/2014 re: FHFA's request for protective order re: Clayton & Pentalpha 30(b)(6) Depositions. ENDORSEMENT: This application is granted pending an opportunity for Williams & Connolly to be heard. To the extent the deposition goes forward on 2/21/14; it shall not include the topics to which FHFA objects. (Signed by Judge Denise L. Cote on 2/20/2014) (gr)
February 20, 2014 Opinion or Order Filing 616 STIPULATION AND ORDER...the parties shall serve their non-re-underwriting expert reports on any issues for which they bear the burden of proof by April 23, 2014, FHFA shall serve its re-underwriting expert reports by March 7, 2014, and the HSBC Defendants shall serve their rebuttal re-underwriting expert reports by June 10, 2014, with all other deadlines remaining unchanged. (Signed by Judge Denise L. Cote on 2/20/2014) (gr)
February 19, 2014 Filing 615 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 2.19.14 re: FHFAs Request for Protective Order re: Clayton & Pentalpha 30(b)(6) Depositions. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Schirtzer, Richard)
February 19, 2014 REMARK: The 2/18/2014 entry indicating that attorney Damien Jerome Marshall was added as counsel for Federal Housing Finance Agency was deleted as being incorrect. (gr)
February 14, 2014 Opinion or Order Filing 614 MEMORANDUM OPINION & ORDER 103972. A January 8, 2014 Order addressed the use in these coordinated New York Actions of documents produced by FHFA in the Countrywide litigation, which is ongoing in California, to Bank of America (BofA") and Royal Bank of Scotland ("RBS") ("January 8 Order"). Through letters of January 14 and 23, and February 11, defense counsel who jointly represent BofA and Merrill Lynch request consideration of the January 8, 2014 Order. In a letter of February 13, FHFA opposes this request. For the following reasons, the request for reconsideration of the January 8 Order is denied. (Signed by Judge Denise L. Cote on 2/14/2014) (gr) Modified on 2/19/2014 (nt).
February 13, 2014 Opinion or Order Filing 613 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 2/10/2014 re: Defendants respectfully request that the July 2, 2013 Order be lifted and that defendants and their counsel be permitted to interview former GSE, FHFA, and OFHEO employees who are willing to be interviewed and who are not represented by counsel in these matters. ENDORSEMENT: Any response from FHFA is due 2/14/2014. (Signed by Judge Denise L. Cote on 2/13/2014) (gr)
February 3, 2014 Opinion or Order Filing 612 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated 1/27/2014 re: Letter on behalf of HSBC in response to the Court's Order of January 22, 2014, moving the trial in this case from January 2015 to September 29, 2014. ENDORSEMENT: Since 7/12/13, six cases have been on notice that they must be prepared to fill the three trial slots for trials beginning 9/29/14. Orders have been issued designating the cases in each slot. Should three cases be resolved, the other three will be shifted into the open slots. If HSBC obtains the consent of Morgan Stanley or Ally Financial to switch its designation, the Court has no objection. But, HSBC must remain ready to proceed to trial on 9/29/14 if a slot opens up. (Signed by Judge Denise L. Cote on 2/3/2014) (gr)
January 31, 2014 Filing 611 LETTER addressed to Judge Denise L. Cote from Richard Schirtzer dated January 31, 2014 re: Defendants' Servicer Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Schirtzer, Richard)
January 27, 2014 Filing 610 LETTER addressed to Judge Denise L. Cote from Andrew Z. Michaelson dated January 27, 2014 re: Court's January 22, 2014 Order re: Trial Date for HSBC. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Michaelson, Andrew)
January 27, 2014 Opinion or Order Filing 609 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 1/23/2014 re: Letter in response to the Court's request at yesterday's telephone conference that the parties alert the Court whether there remains a dispute regarding FHFA's attempt to preclude Defendants' from obtaining in discovery a small group of documents from Freddie Mac's auditor, PricewaterhouseCoopers ("PwC"), that are relevant to, inter alia, Defendant's negative loss causation defenses and FHFA's burden of proving loss causing and damages in the fraud actions. ENDORSEMENT: The material being sought is not "consistent with the 6/17/13 Order", as represented in defense counsel's 1/17/14 letter. This application is denied. There is no need to revisit the 6/17/13 Order at this time. (Signed by Judge Denise L. Cote on 1/27/2014) (gr)
January 22, 2014 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 1/22/2014. (Court Reporter Linda Fisher and Martha Drevis) (gr)
January 22, 2014 Opinion or Order Filing 608 ORDER...By letter of January 17, 2014, plaintiff FHFA requests that the Court schedule the Morgan Stanley action for trial beginning on September 29, 2014. Morgan Stanley and Credit Suisse oppose that request by letters of January 17 and January 19, respectively. It is hereby ORDERED that the HSBC action will be tried beginning on September 29, 2014. IT IS FURTHER ORDERED that should the Goldman action be resolved by settlement or summary judgment, the Ally Financial action will be tried in its place, and should the Credit Suisse action be resolved, the Morgan Stanley action will be tried in its place.IT IS FURTHER ORDERED that, if another action then scheduled to begin trial on September 29, 2014 is resolved by settlement or summary judgment, the Court will try in its place the Morgan Stanley action or the Ally Financial action, if one is not yet scheduled for a September 2014 trial. IT IS FURTHER ORDERED that the parties shall meet and confer to address any scheduling issues related to the September trial schedule. (Signed by Judge Denise L. Cote on 1/22/2014) (gr)
January 22, 2014 Opinion or Order Filing 607 ORDER: Telephone Conference set for 1/22/2014 at 05:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/21/2014) (gr)
January 13, 2014 Filing 606 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated January 13, 2014 re: Protective Order Limiting Scope of Defendants CoreLogic Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10-1, #11 Exhibit 10-2)(Schirtzer, Richard)
January 13, 2014 Opinion or Order Filing 605 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 1/13/2014 re: Defendants respectfully request that the July 2, 2013 Order be lifted and that defendants and their counsel be permitted to interview former GSE, FHFA, and OFHEO employees who are willing to be interviewed and (1) who are not represented by counse in these matters or (2) whose counsel consents for them to be interviewed. ENDORSEMENT: The attorneys for Merrill Lynch shall meet and confer with plaintiff's counsel regarding this request and bring an unresolved issue to the Court's attention. (Signed by Judge Denise L. Cote on 1/13/2014) (gr)
January 8, 2014 Opinion or Order Filing 604 ORDER. The Court and the parties in these coordinated actions have spent countless hours addressing the proper scope of discovery in this litigation. A significant portion of this time and effort has been devoted to identifying the proper scope of discovery to be provided to the defendants by FHFA insofar as it concerns the operations of the GSEs' Single Family businesses...(See Order) Accordingly, it is hereby ORDERED that the parties shall not be permitted to use documents produced in the Countrywide action, but not the New York Actions, during discovery, motion practice, or trial in the New York Actions. IT IS FURTHER ORDERED that the counsel for BofA is reminded that letters to this Court are limited in length to two pages. (Signed by Judge Denise L. Cote on 1/8/2014) (gr)
January 6, 2014 Filing 603 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated January 6, 2014 re: Amended Originator and CoreLogic Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schirtzer, Richard)
January 6, 2014 Filing 602 STIPULATION REGARDING LOAN FILE AND GUIDELINE MATCHING. (Signed by Judge Denise L. Cote on 1/6/2014) (gr)
January 6, 2014 Filing 601 ENDORSED LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth, Christine H. Chung, Richard A. Schirtzer, Michael A. Hanin dated 12/23/2013 re: FHFA requests a brief extension, until December 27, 2013, to submit executed Stipulations to the Court, together with the parties' stipulated Loan Files and Guidelines, in the Tranche 3 and 4 cases. ENDORSEMENT: Granted, nunc pro tunc. (Signed by Judge Denise L. Cote on 1/6/2014) (gr)
January 6, 2014 Filing 600 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 12/20/2013 re: Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: Granted, nunc pro tunc. (Signed by Judge Denise L. Cote on 1/6/2014) (gr)
January 6, 2014 Filing 599 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 1.6.14 re: RBS Single Family Subpoena. Document filed by Federal Housing Finance Agency.(Selendy, Philippe)
January 2, 2014 Filing 598 LETTER addressed to Judge Denise L. Cote from Adam Abensohn dated 1.2.14 re: HSBC Loan File and Guideline Stipulations. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A)(Abensohn, Adam)
December 27, 2013 Filing 597 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated December 27, 2013 re: Stipulation of Loan Files and Guidelines in Tranches 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Schirtzer, Richard)
December 23, 2013 Filing 596 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated December 23, 2013 re: Stipulation of Loan Files and Guidelines in Tranches 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1)(Schirtzer, Richard)
December 20, 2013 Filing 595 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 12.20.13 re: Stipulation of Loan Files and Guidelines in Tranches 3 and 4. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
December 20, 2013 Filing 594 NOTICE OF APPEARANCE by Jaime David Sneider on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Sneider, Jaime)
December 20, 2013 Filing 593 NOTICE OF APPEARANCE by Andrew Zenner Michaelson on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Michaelson, Andrew)
December 20, 2013 Filing 592 NOTICE OF APPEARANCE by Damien Jerome Marshall on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Marshall, Damien)
December 20, 2013 Filing 591 NOTICE OF APPEARANCE by Michael Philip Favretto on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Favretto, Michael)
December 20, 2013 Filing 590 NOTICE OF APPEARANCE by Rosaline Yuen Chi Chan on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Chan, Rosaline)
December 20, 2013 Filing 589 NOTICE OF APPEARANCE by David Boies, II on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Boies, David)
December 19, 2013 Filing 588 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 12.19.13 re: Exhibit 10 for Letter to Judge Cote in re Use of Countrywide Documents in discovery, summary judgment and trial. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
December 19, 2013 Filing 587 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 12.19.13 re: Use of Countrywide Documents in discovery, summary judgment and trial. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14)(Schirtzer, Richard)
December 19, 2013 Filing 586 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 12.19.13 re: Information Requested During Dec. 9, 2013 Hearing. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A)(Schirtzer, Richard)
December 18, 2013 Opinion or Order Filing 585 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 12/18/2013 re: The Court's Order of this afternoon, granting ex parte FHFA's request for a protective order. ENDORSEMENT: The issues raised in the FHFA's letter have been the subject of countless applications to the Court. In the event the defendants sought to obtain this discovery despite those conferences and rulings, they should have made a prior application to the Court. In the event the parties reach agreement, that discovery may proceed. Otherwise, the Court will be available for any application on 1/6/14. Any communication with the Court by letter should be filed in accordance with this district's ECF rules. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
December 18, 2013 Filing 584 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, Michael A. Hanin dated 12/17/2013 re: Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
December 18, 2013 Opinion or Order Filing 583 ORDER...In a letter of December 17, the FHFA reports that the defendants have renewed their efforts to obtain from third parties, including originators and the due diligence vendor CoreLogic, documents that the Court has ruled they may not obtain in discovery from the GSEs. The FHFA seeks a protective order. It is hereby ORDERED that the defendants cease efforts to obtain from third parties the types of documents and information that this Court has previously ruled they may not obtain from the GSEs or others. IT IS FURTHER ORDERED that the defendants shall promptly inform each third-party of whom they have made such requests that the third parties should not comply. IT IS FURTHER ORDERED that the defendants shall promptly amend their Rule 30(b)(6) deposition subpoenas and Rule 45 subpoenas to eliminate topics and document requests relating to the GSEs Single Family businesses, including those items listed in footnote 5 of the FHFA December 17 letter. IT IS FURTHER ORDERED that the parties shall meet and confer. If the parties reach agreement, they shall submit a joint proposal by January 6, 2014. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
December 18, 2013 Opinion or Order Filing 582 ORDER....Having considered the parties' written submissions, the November 22 transcript, the passage of time, and the centrality of this information to a critical defense in this action, it is hereby ORDERED that FHFA's Request is granted. IT IS FURTHER ORDERED that Credit Suisse shall provide by January 10, 2014, a report on the status of its compliance with this Order. (Signed by Judge Denise L. Cote on 12/18/2013) (gr)
December 18, 2013 Opinion or Order Filing 581 ORDER granting #549 Motion for Duane Lyons to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
December 17, 2013 Filing 580 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 12.17.13 re: Stipulation of Loan Files and Guidelines. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
December 17, 2013 Filing 579 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated December 17, 2013 re: Defendants Single Family Subpoenas. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (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)(Schirtzer, Richard)
December 16, 2013 Opinion or Order Filing 578 OPINION AND ORDER. FHFA's September 27, 2013 motion for partial summary judgment is granted. Defendants' November 1, 2013 motion to certify a question of law is denied. (Signed by Judge Denise L. Cote on 12/16/2013) (gr)
December 16, 2013 Opinion or Order Filing 577 STIPULATION AND ORDER REGARDING THE DISCLOSURE OF REMAINING ALTERNATIVE SETS. (Signed by Judge Denise L. Cote on 12/16/2013) (Attachments: #1 Exhibit Schedule)(gr)
December 12, 2013 Filing 576 DECLARATION of Beth A. Stewart in Support re: #575 Memorandum of Law in Opposition to Motion,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Conlon, John)
December 12, 2013 Filing 575 MEMORANDUM OF LAW in Opposition re: #495 MOTION for Partial Summary Judgment.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Conlon, John)
December 10, 2013 Filing 765 INTERNET CITATION NOTE: Material from decision with Internet citation re: #573 Memorandum & Opinion. (fk)
December 10, 2013 Filing 574 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated December 10, 2013 re: Misstatements in Defendants Reply Memorandum in Support of Certification to Virginia. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Selendy, Philippe)
December 10, 2013 Opinion or Order Filing 573 OPINION AND ORDER. The Individual Defendants' August 13, 2013 motion for partial judgment on the pleadings is denied. (Signed by Judge Denise L. Cote on 12/10/2013) (gr)
December 10, 2013 Filing 572 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 12/6/2013 re: FHFA's Status Report re Depositions. ENDORSEMENT: Granted. The FHFA and HSBC shall advise the Court this week if they fail to reach an agreement. (Signed by Judge Denise L. Cote on 12/9/2013) (gr)
December 10, 2013 Opinion or Order Filing 571 ORDER granting #570 Motion for Zachary Michael Williams to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
December 9, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 12/9/2013. (Court Reporters Patricia Nilson and Steve Greenblum) (gr)
December 9, 2013 Filing 570 MOTION for Zachary Michael Williams to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9155401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 DC - Certificate of Good Standing, #4 VA - Certificate of Good Standing)(Williams, Zachary)
December 9, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #570 MOTION for Zachary Michael Williams to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9155401. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 6, 2013 Filing 569 LETTER addressed to Judge Denise L. Cote from Adam Abensohn dated December 6, 2013 re: FHFA Deposition Status Update. Document filed by Federal Housing Finance Agency.(Abensohn, Adam)
December 6, 2013 Filing 568 DECLARATION of Beth A. Stewart in Support re: #532 MOTION NOTICE OF MOTION TO CERTIFY A DETERMINATIVE QUESTION OF LAW.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Conlon, John)
December 6, 2013 Filing 567 REPLY MEMORANDUM OF LAW in Support re: #532 MOTION NOTICE OF MOTION TO CERTIFY A DETERMINATIVE QUESTION OF LAW.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Conlon, John)
December 6, 2013 Opinion or Order Filing 566 STIPULATION AND ORDER REGARDING SCHEDULING ADJUSTMENTS. So Ordered. (Signed by Judge Denise L. Cote on 12/6/2013) (gr)
December 6, 2013 Filing 565 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated December 6, 2013 re: FHFAs Response to Defendants 11/15/2013 Request for Single Family Bulk Discovery. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - Redacted, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Schirtzer, Richard)
December 6, 2013 Filing 564 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 12/6/2013 re: Single Family Flow Loans. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted, #7 Exhibit G - Redacted, #8 Exhibit H - Redacted, #9 Exhibit I - Redacted, #10 Exhibit J - Redacted, #11 Exhibit K - Redacted, #12 Exhibit L - Redacted, #13 Exhibit M - Redacted)(Schirtzer, Richard)
December 6, 2013 Filing 563 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 12/6/2013 re: Single Family Flow Loans. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted, #7 Exhibit G - Redacted, #8 Exhibit H - Redacted, #9 Exhibit I - Redacted, #10 Exhibit J - Redacted, #11 Exhibit K - Redacted, #12 Exhibit L - Redacted, #13 Exhibit M - Redacted)(Schirtzer, Richard)
December 4, 2013 Filing 562 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth, Michael A. Hanin dated 12/3/2013 re: Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: The joint request for extension are approved. The requests that do not reflect consent will be approved if no objection is made by 12/5/13. (Signed by Judge Irving Ben Cooper on 12/4/2013) (gr)
December 3, 2013 Filing 561 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 12.3.13 re: STATUS REPORT. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
December 3, 2013 Opinion or Order Filing 560 ORDER granting #552 Motion for Farbod Moridani to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
November 26, 2013 Filing 559 ENDORSED LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 11/19/2013 re: Plaintiff's Request for Production of Internal Audit Documents. ENDORSEMENT: Having examined Request 3 in the 1st Request, and Requests 5 and 8 in the 2nd Requests, this application is denied. (Signed by Judge Denise L. Cote on 11/26/2013) (gr)
November 26, 2013 Filing 558 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/15/2013 re: On behalf of all Defendants in the above-referenced Actions, we write regarding FHFA's objections to Clayton's production of documents showing the pre-purchase due diligence the GSEs performed on their own purchases of pools of Alt-A and subprime loans to determine whether those loans complied with originators' underwriting guidelines. ENDORSEMENT: Denied for the reasons stated in FHFA's 11/22 letter and stated in prior rulings in these actions. This request is untimely and does not meet the standards set for further document production in the Opinion of 6/28/13. (Signed by Judge Denise L. Cote on 11/25/2013) (gr)
November 22, 2013 Filing 557 DECLARATION of JORDAN A. GOLDSTEIN in Support re: #495 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Selendy, Philippe)
November 22, 2013 Filing 556 MEMORANDUM OF LAW in Opposition re: #532 MOTION NOTICE OF MOTION TO CERTIFY A DETERMINATIVE QUESTION OF LAW.. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
November 22, 2013 Filing 555 REPLY MEMORANDUM OF LAW in Support re: #495 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Selendy, Philippe)
November 22, 2013 Filing 554 LETTER addressed to Judge Denise L. Cote from Christine Chung and Richard Schirtzer dated November 22, 2013 re: FHFA's Redacted Response re Defendant's November 15, 2013 letter. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Redacted, #3 Exhibit 3, #4 Exhibit 4 - Redacted, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted)(Schirtzer, Richard)
November 22, 2013 Filing 553 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated November 22, 2013 re: Response to Plaintiff FHFA's Motion to Compel Internal Audits (DOCKET #550). Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Conlon, John)
November 22, 2013 Filing 552 MOTION for Farbod Moridani to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9109378. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Order, #2 California - Certificate of Good Standing)(Moridani, Farbod)
November 22, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #552 MOTION for Farbod Moridani to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9109378. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 21, 2013 Opinion or Order Filing 551 SCHEDULING ORDER: A Conference will be held to address the issues raised in a series of letters from defendants and any other open issues on 12/9/2013 at 02:30 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 11/20/2013) (gr)
November 19, 2013 Filing 550 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 11.19.13 re: PLAINTIFF'S REQUEST FOR PRODUCTION OF INTERNAL AUDIT DOCUMENTS. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Schirtzer, Richard)
November 19, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #549 MOTION for Duane Lyons to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9091991. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 18, 2013 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 11/18/2013. (sc)
November 18, 2013 Filing 549 MOTION for Duane Lyons to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9091991. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Order, #2 Certificate of Service, #3 California - Certificate of Good Standing)(Oblak, Jonathan)
November 18, 2013 Filing 548 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, and Michael A. Hanin dated 11/15/2013 re: Submission of Stipulated Loan Files and Guidelines. FHFA respectfully requests an extension, until December 3, 2013, of the deadline to submit to the Court the parties' stipulated Loan Files and Guidelines. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/18/2013) (gr)
November 18, 2013 Filing 547 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth and Michael A. Hanin dated 11/13/2013 re: Status Report on Depositions. ENDORSEMENT: Approved. Pursuant to the 11/15/13 letter from counsel from Credit Suisse, the FHFA and Credit Suisse shall advise the Court by November 22 if they are unable to reach an agreement. (Signed by Judge Denise L. Cote on 11/15/2013) (gr)
November 15, 2013 Filing 546 LETTER MOTION for Extension of Time for Submission of Loan File and Guideline Stipulations addressed to Judge Denise L. Cote from Richard A. Schirtzer dated November 15, 2013. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Schirtzer, Richard)
November 13, 2013 Filing 544 FIRST LETTER addressed to Judge Denise L. Cote from Adam Abensohn dated November 13, 2013 re: FHFA update on status of deposition discovery in the SDNY coordinated cases and requests for targeted relief. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit Exhibit 1: FHFA update on status of deposition discovery in the SDNY coordinated cases and requests for targeted relief)(Abensohn, Adam)
November 13, 2013 Filing 543 ENDORSED LETTER addressed to Judge Denise L. Cote from Kanchana Wangkeo Leung dated 11/12/2013 re: We write on behalf of FHFA regarding its Motion for Partial Summary Judgment on Defendants' Loss Causation Defense Under the Virginia and D.C. Blue Sky Laws...FHFA respectfully requests a four-day extension until November 22, 2013, to file its reply brief....Defendants do not object to FHFA's request for an extension. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/13/2013) (gr)
November 12, 2013 Filing 545 MANDATE of USCA (Certified Copy) USCA Case Number 13-1122. Petitioners, through counsel, have filed a petition for a writ of mandamus seeking reversal of certain discovery rulings made by the district court in these coordinated cases. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioners have not demonstrated that they lack an adequate, alternative means of obtaining the relief they seek i.e., an appeal from a final judgment. See Linde v. Arab Bank, PLC, 706 F.3d 92, 107, 117-18 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/12/2013. (nd)
November 12, 2013 Filing 542 FIRST LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated November 12, 2013 re: FHFA request for four-day extension to file loss causation summary judgment reply brief. Document filed by Federal Housing Finance Agency.(Sheth, Manisha)
November 12, 2013 Filing 541 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 11/12/2013 re: We write to respond to the scheduling issue raised by FHFA with respect to the deposition of Peter Niculescu, the Executive Vice President in charge of Fannie Mae's Capital Markets group from 2002-2008. ENDORSEMENT: Counsel shall confer further to find dates other than 11/15 and 12/6. (Signed by Judge Denise L. Cote on 11/12/2013) (gr)
November 12, 2013 Filing 540 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 11/12/2013 re: Niculescu Deposition. Document filed by Federal Housing Finance Agency.(Odom, Mary)
November 8, 2013 Filing 539 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 11.8.13 re: CLAYTON. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
November 8, 2013 Opinion or Order Filing 538 ENDORSED LETTER addressed to Judge Denise L. Cote from Plaintiff FHFA dated 11/5/2013 re: On behalf of Plaintiff FHFA, we write to update the COurt on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated February 27, 2013 (the "Supplemental ESO").ENDORSEMENT: Granted. (signature on page 4 of letter) (Signed by Judge Denise L. Cote on 11/8/2013) (gr)
November 7, 2013 Opinion or Order Filing 537 SCHEDULING ORDER: Plaintiff shall serve any opposition to Defendants' motion to certify to the Supreme Court of Virginia the question of whether a loss causation defense exits under that State's Blue Sky law by by 11/22/2013. Any reply shall be served by 12/6/2013. (Signed by Judge Denise L. Cote on 11/7/2013) (gr)
November 7, 2013 Filing 536 ENDORSED LETTER addressed to Judge Denise L. Cote from Beth Stewart dated 11/1/2013 re: We write on behalf of Defendants in the FHFA cases pursuant to Rule 4(A) of Your Honor's local rules regarding Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment on Defendants' Loss Causation Defense Under the Virginia and D.C. Blue Sky Laws (the "Opposition"). ENDORSEMENT: The parties shall consult to determine whether FHFA requests that the material be redacted from the public filing. If so, FHFA shall provide a justification for its request by 11/14/13. (Signed by Judge Denise L. Cote on 11/7/2013) (gr)
November 6, 2013 Filing 535 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 11/6/2013 re: Single Family Investigation. Document filed by Federal Housing Finance Agency. (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)(Schirtzer, Richard)
November 5, 2013 Filing 534 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated November 5, 2013 re: FHFA Status Report re Production and Stipulation of Loan Files and Guidelines in Tranche 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Schirtzer, Richard)
November 1, 2013 Filing 533 MEMORANDUM OF LAW in Support re: #532 MOTION NOTICE OF MOTION TO CERTIFY A DETERMINATIVE QUESTION OF LAW.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Text of Proposed Order, #2 DECLARATION OF BETH A. STEWART IN SUPPORT OF DEFENDANTS' MOTION TO CERTIFY A DETERMINATIVE QUESTION OF LAW)(Conlon, John)
November 1, 2013 Filing 532 MOTION NOTICE OF MOTION TO CERTIFY A DETERMINATIVE QUESTION OF LAW. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
October 31, 2013 Opinion or Order Filing 531 STIPULATION AND ORDER Regarding Deposition of Frank Vetrano. (Signed by Judge Denise L. Cote on 10/31/2013) (gr)
October 31, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 10/31/2013. (Court Reporter Sabrina D'Emidio) (gr)
October 29, 2013 Filing 530 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 10/25/2013 re: Defendants' request that the deadline to respond be extended to November 1, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/29/2013) (gr)
October 25, 2013 Filing 529 NOTICE OF APPEARANCE by Eric Robert Cochran on behalf of Federal Housing Finance Agency. (Cochran, Eric)
October 24, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/24/2013. (Court Reporter Sabrina D'Emidio) (gr)
October 23, 2013 Opinion or Order Filing 528 SCHEDULING ORDER: In a letter of October 18, 2013, plaintiff FHFA raised a discovery dispute regarding document production from third-party Clayton Holdings LLC ("Clayton"). It is hereby ORDERED that a telephone Conference will be held with Clayton and the parties to address this issue on 10/24/2013 at 03:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/22/2013) (gr)
October 18, 2013 Filing 527 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.18.13 re: Clayton. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schirtzer, Richard)
October 18, 2013 Filing 526 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.18.13 re: Clayton. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Chung, Christine)
October 17, 2013 Filing 524 LETTER addressed to Judge Denise L. Cote from FHFA dated 10/17/2013 re: Plaintiff's Opposition to Defendants' Motion to Compel Production of Privileged Documents. Document filed by Federal Housing Finance Agency.(McGill, David)
October 17, 2013 Filing 523 NOTICE OF APPEARANCE by David Harrison McGill on behalf of Federal Housing Finance Agency. (McGill, David)
October 17, 2013 Opinion or Order Filing 522 ORDER granting #517 Motion for Joy Odom to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
October 16, 2013 Opinion or Order Filing 525 OPINION & ORDER re: #474 MOTION to Compel Production of Documents . DEFENDANTS' NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF THE BANK EXAMINATION AND DELIBERATIVE PROCESS PRIVILEGES. filed by Neal Leonard, HSBC Markets (USA) Inc., HSBC Securities (USA) Inc., HSBC Bank USA. N.A., HSBC North America Holdings Inc., HSBC USA Inc., Todd White, Gerard Mattia, HSI Asset Securitization Corporation, John Voigtman. The defendants August 30, 2013 motion to compel production of documents withheld by FHFA on the basis of the bank examination and deliberative process privileges is denied. (Signed by Judge Denise L. Cote on 10/16/2013) (djc)
October 16, 2013 Opinion or Order Filing 521 STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF THIRD-PARTY REPORTS AND COMMUNICATIONS RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING REVIEWS. SO ORDERED. (Signed by Judge Denise L. Cote on 10/16/2013) (gr)
October 16, 2013 Opinion or Order Filing 520 ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff FHFA dated 10/15/2013 re:...we write to update the Court on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated 2/27/13... ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 10/16/2013) (gr)
October 15, 2013 Filing 519 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated October 15, 2013 re: FHFA Status Report re Production and Identification of Loan Files and Guidelines in Tranche 3 and 4. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Schirtzer, Richard)
October 15, 2013 Opinion or Order Filing 518 JOINT STIPULATION AND ORDER REGARDING SCHEDULING OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' LOSS CAUSATION DEFENSE UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS AND PLAINTIFF'S REPLY TO SAME. Defendants will file their opposition to the Motion no later than 10/28/2103; and Plaintiff will file any reply to Defendant's opposition no later than November 18, 2013. (Signed by Judge Denise L. Cote on 10/15/2013) (gr)
October 15, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #517 MOTION for Mary Joy Odom 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. (wb)
October 14, 2013 Filing 517 MOTION for Mary Joy Odom to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: #1 Certificate of Good Standing - Virginia, #2 Certificate of Good Standing - D.C., #3 Order)(Oblak, Jonathan)
October 10, 2013 Filing 516 LETTER addressed to Judge Denise L. Cote from Michael O. Ware dated October 10, 2013 re: FHFA's Letter of October 4, 2013. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
October 5, 2013 Filing 515 LETTER addressed to Judge Denise L. Cote from CHRISTINE H. CHUNG dated 10.4.13 re: Single Family Issues. Document filed by Federal Housing Finance Agency. (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)(Chung, Christine)
October 5, 2013 Filing 514 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.4.13 re: Single Family Issues. Document filed by Federal Housing Finance Agency.(Chung, Christine)
October 4, 2013 Filing 513 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.4.13 re: Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing Finance Agency.(Chung, Christine)
October 4, 2013 Opinion or Order Filing 512 ORDER: Accordingly, it is hereby ORDERED that the defendants' October 3 application to depose Gussmann and Kenneweg for one day apiece without losing the opportunity to use a total of 41 deposition days for up to 26 deponents is granted. (Signed by Judge Denise L. Cote on 10/4/2013) (lmb)
October 4, 2013 Filing 511 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.4.2013 re: Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan)
October 3, 2013 Opinion or Order Filing 510 ORDER. In a letter of October 2, 2013, defendants seek clarification of the Court's September 23, 2013 Order regarding depositions. This Order responds to the defendants' request for such "clarification." [See Order]. (Signed by Judge Denise L. Cote on 10/3/2013) (gr)
October 3, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #509 MOTION for JOY ODOM to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8933995. 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 has to be issued from the Supreme Court of Virginia with a 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)
October 2, 2013 Filing 509 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for JOY ODOM to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8933995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Text of Proposed Order Order Granting Admission Pro Hac Vice, #2 Certificates of Good Standing)(Oblak, Jonathan) Modified on 10/3/2013 (wb).
October 2, 2013 Filing 508 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.2.13 re: Deposition Order Clarification. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan)
October 1, 2013 Filing 507 SEALED DOCUMENT placed in vault.(mps)
October 1, 2013 ***DELETED DOCUMENT. Deleted document number 504 STANDING ORDER M10-468. The document was incorrectly filed in this case. (jar)
October 1, 2013 Filing 506 LETTER addressed to Judge Denise L. Cote from Michael O. Ware dated October 1, 2013 re: FHFA v. JPMorgan Chase & Co., et al., 11 Civ. 6188 (DLC) And All Coordinated Cases. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
October 1, 2013 Filing 505 NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of Federal Housing Finance Agency. (Selendy, Philippe)
September 30, 2013 Filing 503 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated September 30, 2013 re: FHFAs' Response to Defendants' letter dated September 27, 2013. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Chung, Christine)
September 30, 2013 Filing 502 ENDORSED LETTER addressed to Judge Denise L. Cote from John M. Conlon dated 9/27/2013 re:...Therefore, HSBC respectfully requests that the Court deny FHFA's request that the Court compel HSBC to produce all documents relating to the 2009...mediation or any other medications, arbitrations, or litigations that do no involve any of the Mortgage Loans at issue.. ENDORSEMENT: Having reviewed Request No. 1 and the Mediation Statement, the request for production is denied. The document does not concern a "litigation" or "investigation", as those terms would ordinarily be understood. (Signed by Judge Denise L. Cote on 9/30/2013) (gr)
September 30, 2013 Filing 501 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 9/27/2013 re: Production and Stipulation of Loan Files and Guidelines in Tranche 3 and 4. ENDORSEMENT: Granted. (Endorsement located on page 3 of letter) (Signed by Judge Denise L. Cote on 9/30/2013) (gr)
September 27, 2013 Filing 500 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated September 27, 2013 re: FHFA Status Report re Production and Stipulation of Loan File. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(Schirtzer, Richard)
September 27, 2013 Filing 499 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated 9/27/2013 re: HSBC's Response to Plaintiff's Request for Documents re: Mediation. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
September 27, 2013 Filing 498 RULE 56.1 STATEMENT. Document filed by Federal Housing Finance Agency. (Goldstein, Jordan)
September 27, 2013 Filing 497 DECLARATION of JORDAN A. GOLDSTEIN in Support re: #495 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goldstein, Jordan)
September 27, 2013 Filing 496 MEMORANDUM OF LAW in Support re: #495 MOTION for Partial Summary Judgment. PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS LOSS CAUSATION DEFENSE UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS. Document filed by Federal Housing Finance Agency. (Goldstein, Jordan)
September 27, 2013 Filing 495 MOTION for Partial Summary Judgment. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan)
September 26, 2013 Filing 494 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.26.13 re: Plaintiffs Request for Production of HSBC Documents Relating to Related Mediation. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B Redacted)(Oblak, Jonathan)
September 25, 2013 Filing 493 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9/25/2013 re: FHFA Actions. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan)
September 25, 2013 Opinion or Order Filing 492 ORDER. In letters of September 20 and 24, FHFA and HSBC, respectively, address two requests by FHFA for a further production of documents by HSBC. Guidance on these disputes is provided...(See Order) (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
September 25, 2013 Opinion or Order Filing 491 ORDER REGARDING REVISED PRETRIAL SCHEDULE FOR TRANCHE 4. It is now ordered that the Schedule contained on Exhibit 1 of the [Proposed] Order Regarding the Revised Pretrial Schedule for Tranche 4 shall govern fact discovery, expert reports and expert discovery, and summary judgment briefing in FHFA v. HSBC North America Holdings, Inc., et al., 11 Civ. 6189..., FHFA v. Barclays Bank PLC, et al., 11 Civ. 6190..., FHFA v. First Horizon National Corp., et al., 11 Civ. 6193...,FHFA v. Nomura Holding America, Inc., et al., 11 Civ. 6201...,FHFA v. SG Americas, Inc., et al., 11 Civ. 6203...,and FHFA v. Morgan Stanley, et al., 11 Civ. 6739... See Exhibit 1. SO ORDERED. (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
September 25, 2013 Opinion or Order Filing 490 MEMORANDUM OPINION & ORDER. Before the Court is defendants' July 12, 2013 motion for reconsideration of the Court's June 28 Opinion and Order regarding legal standards applicable to the scope of discovery in these cases. For the following reasons, the motion for reconsideration is denied....(See Memorandum Opinion & Order) (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
September 25, 2013 ***DELETED DOCUMENT. Deleted document number #492 ORDER. The document was incorrectly filed in this case. (djc)
September 24, 2013 Filing 489 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 9.24.13 re: Tranche 4 Pretrial Schedule. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1)(Schirtzer, Richard)
September 24, 2013 Filing 488 REPLY MEMORANDUM OF LAW in Support re: #474 MOTION to Compel Production of Documents . DEFENDANTS' NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF THE BANK EXAMINATION AND DELIBERATIVE PROCESS PRIVILEGES.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
September 24, 2013 Filing 487 LETTER addressed to Judge Denise L. Cote from John M. Conlon dated 9/24/13 re: Response to Plaintiff's September 20, 2013 letter to Your Honor. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Conlon, John)
September 23, 2013 ***DELETED DOCUMENT. Deleted document number 484 ENDORSED LETTER. The document was incorrectly filed in this case. (djc)
September 23, 2013 Opinion or Order Filing 486 ORDER...that the defendants may take up to twenty-five "consensus" depositions so long as the total number of deposition days does not exceed 40. IT IS FURTHER ORDERED that the requests of the fraud defendants and First Horizon to take additional deposition is denied with the following exception: First Horizon may identify one additional Freddie Mac trader whom the defendants may depose for one day... (Signed by Judge Denise L. Cote on 9/23/2013) (gr)
September 23, 2013 Opinion or Order Filing 485 ORDER. In a letter of 9/10/13, the defendants in these actions requested that document discovery be reopened in order to require FHFA to add three document custodians in connection with Fannie Mae's use of an automated valuation model or AVM. For the following reasons, this application is denied (See Order) (Signed by Judge Denise L. Cote on 9/23/2013) (gr)
September 20, 2013 Filing 483 LETTER addressed to Judge Denise L. Cote from Richard A. Schirtzer dated 9.20.13 re: Pretrial Schedule Expert Disclosures. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
September 20, 2013 Filing 482 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.20.13 re: Request for Document Production. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Oblak, Jonathan)
September 18, 2013 Filing 481 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.18.2013 re: Parties' Joint Update to the Court regarding Deposition Limits. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan)
September 18, 2013 Filing 480 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.18.2013 re: Parties' Joint Update to the Court regarding Deposition Limits. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan)
September 17, 2013 Filing 479 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 9/17/2013 re: FHFAs Response to Defendants 9/10/2013 Request for Reconsideration of the Decision re: Appraisal Bias Documents. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3, #4 Exhibit 4 - Redacted)(Goldstein, Jordan)
September 13, 2013 Opinion or Order Filing 478 ORDER: In two letters of September 9, the defendants make several requests regarding the deposition limit in these actions. First, all defendants request (1) that they be permitted to "use their remaining deposition days" flexibly, deposing individuals for either one day or two days, at the defendants' option, and (2) that they be afforded an additional ten deposition days. Second, the defendants in seven of these cases request the opportunity to take the depositions of ten more witnesses for their cases. The defendants do not indicate whether these two letters represent their final requests for additional depositions of FHFA. It is hereby ORDERED that the parties shall meet and confer to determine whether both FHFA and the defendants agree that all parties may use their remaining deposition days "flexibly," so each day may be used for a single deposition. IT IS FURTHER ORDERED that the defendants shall indicate whether the requests made in the two September 9 letters are their final requests for additional depositions of FHFA. IT IS FURTHER ORDERED that the parties shall provide updates regarding these issues by September 18, 2013. (Signed by Judge Denise L. Cote on 9/13/2013) (lmb)
September 12, 2013 Filing 477 LETTER addressed to Judge Denise L. Cote from Jonanthan B. Oblak dated 9.12.13 re: DEFENDANTS' REQUESTS FOR ADDITIONAL DEPOSITIONS. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Oblak, Jonathan)
September 11, 2013 Filing 476 DECLARATION of Andrew T. Frankel in Support re: #474 MOTION to Compel Production of Documents . DEFENDANTS' NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF THE BANK EXAMINATION AND DELIBERATIVE PROCESS PRIVILEGES.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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)(Ware, Michael)
September 11, 2013 Filing 475 MEMORANDUM OF LAW in Support re: #474 MOTION to Compel Production of Documents . DEFENDANTS' NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF THE BANK EXAMINATION AND DELIBERATIVE PROCESS PRIVILEGES.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
September 11, 2013 Filing 474 MOTION to Compel Production of Documents . DEFENDANTS' NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF THE BANK EXAMINATION AND DELIBERATIVE PROCESS PRIVILEGES. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
September 11, 2013 Filing 473 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth, Erice Bruce and Kanchana Wangkeo Leung dated 9/9/2013 re: FHFA concurs in Defendants' proposed redactions of the entirety of Exhibit H, as well as footnote 17 on page 15 of their Memorandum of Law. FHFA does not believe any additional redactions are necessary related to Defendants' recent filing. ENDORSEMENT: The redactions are approved. [Counsel to file the approved redations.] (Signed by Judge Denise L. Cote on 9/11/2013) (gr)
September 9, 2013 Filing 472 LETTER addressed to Judge Denise L. Cote from Eric Bruce dated 09/09/2013 re: Defendants' Proposed Redactions for Motion to Compel. Document filed by Federal Housing Finance Agency.(Bruce, Eric)
September 6, 2013 Filing 471 REPLY MEMORANDUM OF LAW in Support re: #456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Conlon, John)
September 4, 2013 Opinion or Order Filing 470 ORDER. On September 3, 2013, the Southern District of New York began allowing attorneys to file letters to the court electronically via ECF. This change is reflected in the current, newly revised version of this Courts individual practices in civil cases. Due to the volume of proposed redactions to letters in the above captioned actions, however, the individual practices are modified as follows. It is hereby ORDERED that the parties in the above-captioned actions shall file letters to the Court via ECF, with the following exception. Should a party wish to redact portions of a letter or file its accompanying exhibits under seal, the party may file the letter and any exhibits for which the party requests sealing in redacted form on ECF and simultaneously provide to Chambers via email an unredacted copy of the letter and all the supporting exhibits. Where the exhibits exceed ten pages, the parties must follow the procedure in the individual practices and submit hard copies to Chambers. Any emailed letter should indicate that a redacted version of the letter has been filed via ECF. (Signed by Judge Denise L. Cote on 9/4/2013) (gr)
September 3, 2013 Filing 469 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 9/3/2013 re: FHFA's Response to Defendants' 8/23/13 letter. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan)
August 30, 2013 Filing 468 FILING ERROR - DUPLICATED DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #457 Memorandum of Law in Support of Motion, #456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings., #458 Declaration in Support of Motion,. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Goldstein, Jordan) Modified on 9/3/2013 (lb).
August 30, 2013 Filing 467 DECLARATION of JORDAN A. GOLDSTEIN in Opposition re: #457 Memorandum of Law in Support of Motion, #456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings., #458 Declaration in Support of Motion,. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Goldstein, Jordan)
August 30, 2013 Filing 466 MEMORANDUM OF LAW in Opposition re: #457 Memorandum of Law in Support of Motion, #456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings., #458 Declaration in Support of Motion,. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation. (Goldstein, Jordan)
August 19, 2013 Opinion or Order Filing 465 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Michael A. Hanin dated 8/16/2013 re: On behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), we write to update the Court on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated February 27, 2013 (the "Supplemental ESO"). ENDORSEMENT: So ordered. (Signed by Judge Denise L. Cote on 8/19/2013) (lmb)
August 16, 2013 Filing 464 DECLARATION of Penny Shane in Support re: #463 Reply Memorandum of Law in Support of Motion,,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ware, Michael)
August 16, 2013 Filing 463 REPLY MEMORANDUM OF LAW in Support re: #460 MOTION for Reconsideration re; #387 Memorandum & Opinion,,,,, DEFENDANT'S NOTICE OF MOTION FOR RECONSIDERATION OF JUNE 28, 2013 OPINION AND ORDER. MOTION for Reconsideration re; #387 Memorandum & Opinion,,,,, DEFENDANT'S NOTICE OF MOTION FOR RECONSIDERATION OF JUNE 28, 2013 OPINION AND ORDER.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
August 16, 2013 Filing 462 DECLARATION of Penny Shane in Support re: #461 Memorandum of Law in Support of Motion,,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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)(Ware, Michael)
August 16, 2013 Filing 461 MEMORANDUM OF LAW in Support re: #460 MOTION for Reconsideration re; #387 Memorandum & Opinion,,,,, DEFENDANT'S NOTICE OF MOTION FOR RECONSIDERATION OF JUNE 28, 2013 OPINION AND ORDER. MOTION for Reconsideration re; #387 Memorandum & Opinion,,,,, DEFENDANT'S NOTICE OF MOTION FOR RECONSIDERATION OF JUNE 28, 2013 OPINION AND ORDER.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
August 16, 2013 Filing 460 MOTION for Reconsideration re; #387 Memorandum & Opinion,,,,, DEFENDANT'S NOTICE OF MOTION FOR RECONSIDERATION OF JUNE 28, 2013 OPINION AND ORDER. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
August 14, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 8/14/2013. (Court Reporter Khris Sellin) (gr)
August 14, 2013 Opinion or Order Filing 459 ORDER re: (447 in 1:11-cv-06192-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Evelyn Echevarria, Juliana C. Johnson, Douglas K. Johnson, (484 in 1:11-cv-06195-DLC) MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings. filed by Daniel B. Goodwin, Antoine Schetritt, Adam D. Glassner, William L. Maxwell, George E. Ellison, Mark I. Ryan, Juliaana Johnson, Michael J. Kula, Robert Caruso, George C. Carp, (456 in 1:11-cv-06189-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Neal Leonard, Todd White, Gerard Mattia, John Voigtman, (484 in 1:11-cv-06203-DLC) MOTION for Judgment on the Pleadings - Section 11 Individual Defendants' Notice of Motion for Partial Judgment on the Pleadings. filed by Abner Figueroa, Arnaud Denis, Tony Tusi, Orlando Figueroa, (465 in 1:11-cv-06198-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Mark Weiss, Daniel L. Sparks, Kevin Gasvoda, David J. Rosenblum, Jonathan S. Sobel, Michelle Gill, (597 in 1:11-cv-06188-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Donald Wilhelm, Thomas G. Lehmann, Stephen Fortunato, Brian Bernard, Diane Novak, Suzanne Krahling, David H. Zielke, David M. Duzyk, William A. King, Christine E. Cole, David Beck, Louis Schioppo, Jr., Edwin F. McMichael, Katherine Garniewski, Thomas W. Casey, Joseph T. Jurkowski, Jr., Rolland Jurgens, Richard Careaga, Larry Breitbarth, (449 in 1:11-cv-06201-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by John P. Graham, Nathan Gorin, N. Dante Larocca, John McCarthy, David Findlay, (443 in 1:11-cv-06200-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Michael A. Marriott, Joseph M. Donovan, Carlos Onis, Andrew A. Kimura, Evelyn Echevarria, Jeffrey A. Altabef, Thomas Zingalli, Greg Richter, Juliana Johnson, (468 in 1:11-cv-06202-DLC) MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment On The Pleadings. filed by Donald J. Puglisi, Donald C. Han, Brian T. Sullivan, Paul Park, Michael M. McGovern, Matthew Whalen, (437 in 1:11-cv-06190-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Paul Menefee, John Carroll, Michael Wade, (502 in 1:11-cv-06739-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Howard Hubler, David R. Warren, Steven S. Stern, Gail P. McDonnell On August 13, 2013, certain individual defendants in the above captioned cases filed a motion for partial judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ.P. It is hereby ORDERED that any opposition by plaintiff shall be served by August 30, 2013. Any reply shall be served by September 6,2013. (Signed by Judge Denise L. Cote on 8/14/2013) (djc)
August 13, 2013 Filing 458 DECLARATION of Bradley A. Harsch in Support re: #456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B)(Conlon, John)
August 13, 2013 Filing 457 MEMORANDUM OF LAW in Support re: #456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Appendix Appendix A)(Conlon, John)
August 13, 2013 Filing 456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. Document filed by Neal Leonard, Gerard Mattia, John Voigtman, Todd White. Responses due by 8/27/2013(Conlon, John)
August 12, 2013 Opinion or Order Filing 455 ENDORSED LETTER addressed to Judge Cote from Andrew T. Frankel dated 8/2/2013 re: We write on behalf of Defendants in the above Actions to seek an order compelling FHFA to produce the documents withheld or redacted on the basis of a "bank examination" or "deliberative process" privilege.. ENDORSEMENT: If the dispute is about specific documents, the parties must meet and confer. If the defendants wish to litigate the application of the asserted privileges generally, they may bring a motion and should discuss a schedule for that motion with FHFA. (Signed by Judge Denise L. Cote on 8/12/2013) (gr)
August 12, 2013 Filing 454 ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 8/9/2013 re: On behalf of Plaintiff FHFA, we write to respond to Defendants' August 5, 2013 letter accusing FHFA of "fail[ing] to produce certain documents regarding appraisal bias" and requesting that FHFA collect and search the files of five additional Fannie Mae custodians. 8/5/13 Ltr. from P. Shane at 1-2. Defendants seek reconsideration of the Court's rulings regarding the scope of production of Fannie Mae appraisal bias documents and make an untimely request for additional document custodians. FHFA respectfully requests that the Court deny the application. ENDORSEMENT: The August 5 request for document production from five custodians based on an 10/20/07 article, which has been available to the Defendants since at least 2008, is untimely. Pursuant to rulings in December 2012, defendants have been given access to appraisal bias documents where appropriate. The defendants have not shown that document production should be reopened for this purpose. (Signed by Judge Denise L. Cote on 8/12/2013) (gr)
August 12, 2013 Opinion or Order Filing 453 ORDER: In a letter of August 9, FHFA requested that portions of exhibit S to defendants' opening memorandum and exhibit E to defendants' reply memorandum be filed under seal. It is hereby ORDERED that the request to file portions of these exhibits under seal is granted. The parties shall file the briefing on defendant's motion for reconsideration with these two exhibits redacted by August 16, 2013. (Signed by Judge Denise L. Cote on 8/12/2013) (ama)
August 9, 2013 Opinion or Order Filing 452 ORDER. In an Order of July 2, 2013, the Court directed Williams & Connolly to take various steps in connection with its asserted improper contact with represented witnesses, including providing to the Court on an ex parte basis a list of all witnesses represented by counsel for FHFA with whom Williams & Connolly has had ex parte contact. This information was provided in an exhibit accompanying a letter of July 8. In a letter of July 2, FHFA requested access to four categories of information in connection with this issue. It is hereby ORDERED that Williams & COnnolly shall by August 13, 2013 disclose to FHFA exhibit A to its letter of July 8, which was previously provided to the Court ex parte. (Signed by Judge Denise L. Cote on 8/9/2013) (gr)
August 6, 2013 Opinion or Order Filing 451 ORDER: that a conference will be held on August 14, 2013 at 2:30 p.m. in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/6/2013) (tn)
August 5, 2013 Filing 449 DECLARATION of Penny Shane in Support re: #412 Memorandum of Law,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM)(Ware, Michael)
August 5, 2013 Opinion or Order Filing 448 ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard Schirtzer, Christine Chung, Manisha Sheth and Michael Hanin dated 8/2/2013 re: On behalf of Plaintiff FHFA, we write to update the Court on the status of the production and indentification of loan files in the Tranche 3 and 4 Actions. We further write to provide the Court with an update on the status of the stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated 2/27/2013 (the "Supplemental ESO"). ENDORSEMENT: The agreements among the parties for extensions are approved. A status report regarding Homeward, Prospect and Nationstar shall be submitted on 8/9/2013. (Signed by Judge Denise L. Cote on 8/5/2013) (gr)
August 5, 2013 Filing 447 DECLARATION of Penny Shane in Support re: #411 Reply Memorandum of Law,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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)(Ware, Michael)
August 5, 2013 Filing 446 DECLARATION of Penny Shane in Support re: #410 Memorandum of Law,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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, #33 Exhibit GG, #34 Exhibit HH)(Ware, Michael)
August 1, 2013 Opinion or Order Filing 445 ORDER: Pursuant to a stipulation of April 3, 2013, the FHFA's re-underwriting expert report for the JPMorgan action, No. 11 Civ. 6188 (DLC), is due August 23, 2013. In letters of July 29 and August 1, the FHFA and JPMorgan, respectively, address the schedule for that report, any rebuttal report, and for summary judgment practice. It is hereby ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for the JPMorgan action (1) the number of securitizations associated with Bear Stearns, WaMu, and the remainder of the JPMorgan action; (2) the number of such securitizations for which a re-underwriting expert report can be produced by August 23, 2013; and (3) the date(s) by which any supplemental re-underwriting expert report may be produced for the remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh)
August 1, 2013 Opinion or Order Filing 444 ORDER: Pursuant to an Order of February 27, 2013 1 the FHFA's re-underwriting expert report for Tranche 3 and 4 cases is due October 11, 2013. In letters of July 29 and July 31, the FHFA and defendants in the Tranche 3 and 4 cases, respectively, address the schedule for that report, any rebuttal report, and for summary judgment practice. It is hereby ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for each Tranche 3 and 4 case (1) the number of securitizations, (2) the number of securitizations for which a re-underwriting expert report can be produced by October 11, 2013, and (3) the date(s) by which any supplemental re-underwriting expert report may be produced for the remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh)
July 31, 2013 Opinion or Order Filing 450 ORDER: On July 12, 2013, the Court received from defendant First Horizon a request to take two depositions of GSE witnesses beyond the twenty depositions allotted to defendants and to add an additional document custodian. FHFA opposed this request in a letter of July 18. It is hereby ORDERED that the requests in First Horizon's July 12 letter are denied without prejudice to renewal. IT IS FURTHER ORDERED that defendants may jointly present any renewed request for additional depositions at such time as they are able to determine the total number of additional depositions that will be requested, rather than presenting such requests ad seriatim. (Signed by Judge Denise L. Cote on 7/31/2013) (mro)
July 31, 2013 Opinion or Order Filing 443 ORDER: It is hereby ORDERED that the requests to file these exhibits under seal are granted. The parties shall file the exhibits to their knowledge briefing with these three exhibits redacted by 8/5/2013. (Signed by Judge Denise L. Cote on 7/31/2013) (tro)
July 31, 2013 Transmission to Sealed Records Clerk. Transmitted re: #443 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tro)
July 30, 2013 Filing 442 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Michael A. Hanin dated 7/15/2013 re: Counsel for plaintiff write to update the Court on the status of the production and identification of loan files in the Tranche 2, 3 and 4 Actions. Accordingly, FHFA and the HSBC Defendants jointly request an extension from 7/15/2013 until 7/19/2013 to complete the process of identifying and stipulating to Loan Files and Guideline documents for those Securitizations. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/30/2013) (tro)
July 30, 2013 Opinion or Order Filing 441 SUPPLEMENTAL PROTECTIVE ORDER GOVERNING POTENTIALLY PRIVILEGED INFORMATION PRODUCED BY NON-PARTIES FDIC-RECEIVER AND ONEWEST BANK...regarding procedures to be followed that shall govern the handling of confidential material...So ordered. (Signed by Judge Denise L. Cote on 7/30/2013) (tro)
July 30, 2013 Filing 440 ENDORSED LETTER addressed to Judge Denise L. Cote from Adam M. Abensohn dated 7/30/2013 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA") and with the consent of the HSBC Defendants in the above-captioned action. In FHFA's July 15, 2013 status report, FHFA and the HSBC Defendants jointly requested an extension from July 15 to July 19, 2013 to complete the process for identifying and stipulating to Loan Files and Guidelines for the 17 Securitizations identified on Exhibit 3. The parties, however, were unable to complete the stipulation process within the requested time frame because of production-related issues. Consequently, FHFA and the HSBC Defendants jointly request an extension of the deadline for the production, identification, and stipulation for those Securitizations identified on Exhibit 3 of FHFA's July 15, 2013 status report until August 2, 2013. ENDORSEMENT: Granted, nun pro tunc. (Signed by Judge Denise L. Cote on 7/30/2013) (mt)
July 24, 2013 Filing 439 LETTER addressed to Judge Cote from FHFA dated 6/14/13 re: Tranche 3 and 4 Status Report. (abl)
July 24, 2013 Filing 438 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 6/13/13 re: FHFA's 6/11 letter re GSE impairment/valuation calculations. (abl)
July 24, 2013 Filing 437 LETTER addressed to Judge Cote from FHFA dated 6/11/13 re: UBS's 6/7 request for current GSE valuations of the certificates. (Attachments: #1 Exhibit)(abl)
July 24, 2013 Filing 436 LETTER addressed to Judge Cote from UBS Defendants (Joseph N. Sacca) dated 6/7/13 re: Current GSE valuations of the at-issue certificates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(abl)
July 24, 2013 Filing 435 LETTER addressed to Judge Cote from FHFA dated 6/5/13 re: Defendants' 5/30 request for GSE valuation models. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(abl)
July 24, 2013 Filing 434 LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 6/3/13 re: FHFA's sur-reply regarding knowledge and other legal standards applicable to discovery. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(abl)
July 18, 2013 Filing 433 LETTER addressed to Judge Cote from FHFA dated 5/31/13 re: Status of production of loan files and guidelines. (abl)
July 18, 2013 Filing 432 LETTER addressed to Judge Cote from Deutsche Bank dated 5/31/13 re: Status of production of loan files and guidelines. (abl)
July 18, 2013 Filing 431 LETTER addressed to Judge Cote from Credit Suisse dated 5/31/13 re: Status of production of loan files and guidelines. (abl)
July 18, 2013 Filing 430 LETTER addressed to Judge Cote from Bank of America dated 5/31/13 re: Status of production of loan files and guidelines. (abl)
July 18, 2013 Filing 429 LETTER addressed to Judge Cote from HSBC dated 5/31/13 re: Status of production of loan files and guidelines. (abl)
July 18, 2013 Filing 428 LETTER addressed to Judge Cote from Morgan Stanley dated 5/31/13 re: Status report on loan files and guidelines. (abl)
July 18, 2013 Filing 427 LETTER addressed to Judge Cote from FHFA dated 5/31/13 re: Defendants' 5/24 request to add Cindy Workman as a custodian. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (abl)
July 18, 2013 Filing 426 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re: Second update on status of Ocwen loan file production. (abl)
July 18, 2013 Filing 425 LETTER addressed to Judge Cote from FHFA dated 5/30/13 re: Supplementation of FHFA's samples in the Tranche 3 and 4 actions. (abl)
July 18, 2013 Filing 424 LETTER addressed to Judge Cote from FHFA (Jonathan B. Oblak) dated 5/30/13 re: Defendants' requests in letters of 5/30. (abl)
July 18, 2013 Filing 423 LETTER addressed to Judge Cote from Defendants Bank of America and Merrill Lynch (Edward J. Bennett) dated 5/30/13 re: Recent GSE impairment/valuation calculations. (abl)
July 18, 2013 Filing 422 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re: Status of Ocwen loan file production. (abl)
July 18, 2013 Filing 421 LETTER addressed to Judge Cote from Defendants (Joseph N. Sacca) dated 5/30/13 re: GSE valuation models. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (abl)
July 17, 2013 Opinion or Order Filing 420 ORDER: On July 12, 2013, defendants filed a motion for reconsideration of the Court's June 28 Opinion and Order regarding knowledge and other legal standards as they apply to discovery in these cases. It is hereby ORDERED that plaintiff shall file its opposition by July 26, 2013. IT IS FURTHER ORDERED that any reply by defendants shall be filed by August 2, 2013. (Responses due by 7/26/2013, Replies due by 8/2/2013.) (Signed by Judge Judge Paul A. Crotty, Part I. for Denise Cote on 7/17/2013) (rsh).
July 17, 2013 Filing 419 LETTER addressed to Judge Cote from FHFA dated 5/29/13 re: Defendants' 5/24 request for additional deposition time. (abl)
July 17, 2013 Filing 418 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re: Request to submit an ex parte application for additional depositions. (abl)
July 17, 2013 Filing 417 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re: Procedure fo extending two-day deposition limit. (abl)
July 17, 2013 Filing 416 LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 5/24/13 re: Adding Cindy Workman as a document custodian. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (abl)
July 17, 2013 Filing 415 LETTER addressed to Judge Cote from JPMorgan Chase Defendants (Penny Shane) dated 5/23/13 re: Expert Scheduling Order disclosures. (abl)
July 17, 2013 Filing 414 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/23/13 re: Status of Ocwen loan file production. (abl)
July 17, 2013 Filing 413 LETTER addressed to Judge Cote from UBS defendants dated 5/22/13 re: request to adjust certain deadlines. (Attachments: #1 Text of Proposed Order) (abl)
July 16, 2013 Filing 412 MEMORANDUM OF LAW re: #410 Memorandum of Law, MEMORANDUM IN RESPONSE TO FHFA'S SUR-REPLY. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
July 16, 2013 Filing 411 REPLY MEMORANDUM OF LAW re: #410 Memorandum of Law, REPLY MEMORANDUM OF LAW REGARDING APPLICABLE LEGAL STANDARDS AND THE APPROPRIATE STANDARDS FOR DISCOVERY IN LIGHT OF THE APPLICABLE LEGAL STANDARDS. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
July 16, 2013 Filing 410 MEMORANDUM OF LAW . MEMORANDUM OF LAW REGARDING APPLICABLE LEGAL STANDARDS AND THE APPROPRIATE STANDARDS FOR DISCOVERY IN LIGHT OF THE APPLICABLE LEGAL STANDARDS. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
July 15, 2013 Filing 409 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL RESPONSE re: #407 Brief, Memorandum in Response to FHFA's Sur-Reply. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael) Modified on 7/16/2013 (ka).
July 15, 2013 Filing 408 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY re: #407 Brief, Reply Memorandum of Law Regarding Applicable Legal Standards and The Appropriate Standards for Discovery in Light of The Applicable Legal Standards. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael) Modified on 7/16/2013 (ka).
July 15, 2013 Filing 407 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Memorandum of Law Regarding Applicable Legal Standards and The Appropriate Standards for Discovery in Light of The Applicable Legal Standards. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael) Modified on 7/16/2013 (ka).
July 12, 2013 Opinion or Order Filing 406 ORDER: In Orders of July 2 and 10, 2013, the Court directed the parties to indicate by 10:00 a.m. on July 12 whether any of the material in their briefing on knowledge and other legal standards required redaction from the public record despite the presumption of access that attaches to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). On July 12, the parties indicated in separate letters that they did not view any of the material in the briefs as requiring redaction. It is hereby ORDERED that the parties shall file their briefing in unredacted form by July 15, 2013. IT IS FURTHER ORDERED that the parties shall advise the Court by July 26, 2013, whether in their view any material in the exhibits accompanying the briefs meets the standard described in the Court's Order of July 2 and therefore requires redaction. (Brief due by 7/15/2013.) (Signed by Judge Denise L. Cote on 7/12/2013) (rsh) Modified on 7/16/2013 (rsh).
July 12, 2013 Opinion or Order Filing 405 SCHEDULING ORDER: Trials in FHFA v. Credit Suisse Holdings (USA), Inc., et al., 11 Civ. 6200 (DLC); FHFA v. Deutsche Bank AG, et al., 11 Civ. 6192 (DLC); and FHFA v. Goldman, Sachs & Co., et al., 11 Civ. 6198 (DLC) (the "Tranche 3" cases) are scheduled to begin on September 29, 2014. It is hereby ORDERED that if any of these trials do not occur because of settlement, or are conducted earlier due to a settlement in another one of these actions, one of these three Tranche 4 cases will be tried in its place: FHFA v. Morgan Stanley, et al., 11 Civ. 6739 (DLC); FHFA v. HSBC North America Holdings, Inc., et al., 11 Civ. 6189 (DLC); or FHFA v. Ally Financial Inc., et al., 11 Civ. 7010 (DLC). Ready for Trial by 9/29/2014. (Signed by Judge Denise L. Cote on 7/12/2013) (rsh)
July 11, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/11/2013. (Court Reporter Even Giniger) (gr)
July 10, 2013 Filing 404 LETTER addressed to Judge Cote from FHFA dated 5/22/13 re: UBS disclosures and schedule adjustments. (Attachments: #1 Exhibit) (abl)
July 10, 2013 Filing 403 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/22/13 re: Defendants' Contention Interrogatory. (Attachments: #1 Exhibit) (abl)
July 10, 2013 Filing 402 LETTER addressed to Judge Cote from UBS Defendants dated 5/22/13 re: Expert Scheduling Order disclosures. (abl)
July 10, 2013 Filing 401 LETTER addressed to Judge Cote from FHFA dated 5/21/13 re: Defendants' Contention Interrogatory. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (abl)
July 10, 2013 Filing 400 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett re: I write in response to FHFA's letter to the Court of July 5, 2013 (the "FHFA Letter"), and in furtherance of Defendants' request for a pre-motion conference concerning FHFA's refusal to produce documents directly relevant to the Mortgage Loans that served as collateral for the Securities at issue in these matters (the "Mortgage Loans"). ENDORSEMENT: This application is denied. The defendants may renew a request if their review of the sample loan files provides a basis for a renewal request. (Signed by Judge Denise L. Cote on 7/10/2013) (lmb)
July 10, 2013 Opinion or Order Filing 399 ORDER. On July 12, 2013, the Court issued an Order directing the parties to submit renewed, targeted requests for redactions to their briefing regarding knowledge and other legal standards by July 8. In a memo endorsement of July 8, the Court granted the parties' extension of this deadline to July 12. It is hereby ORDERED that the parties shall provide the submissions required by the July 2 Order by 10:00 AM on July 12, 2013. (Signed by Judge Denise L. Cote on 7/10/2013) (gr)
July 8, 2013 Opinion or Order Filing 398 ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 7/8/2013 re: FHFA respectfully requests a short extension of time to respond to the Court's July 2, 2013 Order, such that the parties' responses would be due on Friday, July 12, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/8/2013) (gr)
July 2, 2013 Opinion or Order Filing 397 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Michael A. Hanin dated 6/28/2013 re: On behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), we write to update the Court on the status of the production, identification, and stipulation of loan files in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order of February 27, 2013 (the "Supplemental ESO"), and in furtherance of FHFA's June 14, 2013 status report. ENDORSEMENT: The requests are granted. (Signed by Judge Denise L. Cote on 7/2/2013) (lmb)
July 2, 2013 Filing 396 LETTER addressed to Judge Cote from FHFA dated 7/2/13 re: Williams & Connolly's contact with Robert Cope. (abl)
July 2, 2013 Filing 395 LETTER addressed to Judge Cote from Richard H. Klapper dated 6/28/13 re: Williams & Connolly's contact with Robert Cope. (abl)
July 2, 2013 Opinion or Order Filing 394 ORDER: ORDERED that the 98 current and former employees need not respond to the subpoenas until the Court issues a ruling on this dispute. IT IS FURTHER ORDERED that the parties shall meet and confer and, if the dispute remains live, shall appear for a telephone conference on Thursday, July 11, 2013, at 10:00 a.m. ( Telephone Conference set for 7/11/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/2/2013) (mt)
July 2, 2013 Filing 393 LETTER addressed to Judge Cote from Edward J. Bennett dated 7/1/13 re: Williams & Connolly's contact with Robert Cope. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (abl)
July 2, 2013 Filing 392 LETTER addressed to Judge Cote from FHFA dated 6/26/13 re: Williams & Connolly's contact with Robert Cope. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (abl)
July 2, 2013 Opinion or Order Filing 391 ORDER...That the parties shall advise the Court by Monday, July 8, 2013, whether in their view any material in the briefs meets this standard and requires redaction. The Court will address this issue as it applies to the exhibits after the briefs are publicly filed. (Signed by Judge Denise L. Cote on 7/2/2013) (gr)
July 2, 2013 Opinion or Order Filing 390 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 6/25/2013 re: On behalf of all Defendants in these matters, we write to request a pre-motion conference, or in the alternative, an order compelling FHFA to produce certain documents referenced in the January 2006 Audit Report of Freddie Mac's Counterparty Credit Risk Management ("CCRM") group (the "CCRM Documents"). ENDORSEMENT: Denied, for the reasons stated in the FHFA's letter of June 27. (Signed by Judge Denise L. Cote on 7/2/2013) (lmb)
July 2, 2013 Opinion or Order Filing 389 ORDER: Accordingly, it is hereby ORDERED that, pending an opportunity for counsel to be heard further, Williams & Connolly and any co-counsel for defendants represented by Williams & Connolly shall 1) Cease interviewing any current or former GSE employee identified in FHFA's initial disclosures. 2) Provide an ex parte list to this Court by Monday, 7/7/2013 of all such individuals it has already interviewed. 3) Secure all notes of the interviews of such individuals, including those from the interview of Mr. Cope, and seal them. 4) Not share with counsel for other defendants information learned from the interviews of such individuals until these issues are resolved. (Signed by Judge Denise L. Cote on 7/2/2013) (tro)
June 28, 2013 Opinion or Order Filing 388 ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 6/28/2013 re: FHFA's request for permission to move for a protective order re Defendants' non-party subpoenas. ENDORSEMENT: BoA shall respond by July 1, 2013. (Signed by Judge Denise L. Cote on 6/28/2013) (gr)
June 28, 2013 Opinion or Order Filing 387 OPINION & ORDER. Before the Court are defendants' memoranda of law regarding applicable legal standards and the appropriate standards for discovery in light of the applicable legal standards. The defendants have suggested over the course of this litigation that the Court's discovery rulings have been premised on a faulty definition of the "knowledge" defense that is available to them under Section 11 of the Securities Act of 1933 ("Securities Act"). In this briefing they address the legal standard for their affirmative defense that the plaintiff actually knew of the alleged misrepresentations in the Prospectus Supplements that governed its securities purchases. The defendants have taken this opportunity to address as well the legal standards for several of the elements and other defenses of the Securities Act claims in this litigation and to argue that the application of incorrect legal standards has deprived them of certain discovery from a portion of the plaintiff's business described below: the Single Family business. For the reasons stated below, the Court concludes that its previous discovery rulings have been made under the correct legal standards and need not be revisited. (Signed by Judge Denise L. Cote on 6/28/2013) (gr)
June 19, 2013 Opinion or Order Filing 386 ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth Michael A. Hanin dated 6/17/2013 re: On behalf of Plaintiff FHFA, we write regarding the Non-SLG Diligence Sets disclosed by the Tranche 3 and 4 Defendants, and FHFA's analysis of loans within such Sets, pursuant to the Supplemental Expert Scheduling Order dated 2/27/2013. FHFA respectfully requests that the schedule be adjusted to allow it time to respond to Deutsche Bank's and RBS's late disclosures be extended until 8/26/2013. Defendants Deutsche Bank and RBS have agreed to this extension. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 6/18/2013) (gr)
June 18, 2013 Opinion or Order Filing 385 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/17/2013 re: I write on behalf of Defendants in the above referenced actions to request an extension of time to file a response to FHFA's June 10, 2013 Sur-Reply In Opposition to Defendants' Memorandum of Law Regarding Applicable Legal Standards ("Sur-Reply"). The Court's current deadline to submit a response is June 18, 2013. Defendants respectfully request an extension to Thursday, June 20, 2013 in order to coordinate among Defendants. ENDORSEMENT: Granted., ( Responses due by 6/20/2013.) (Signed by Judge Denise L. Cote on 6/18/2013) (lmb)
June 18, 2013 Filing 384 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/17/2013 re: On behalf of Defendants in the above-referenced actions, we write to address FHFA's letter of June 13 concerning Defendants' request to extend the deposition of Michael Aneiro. ENDORSEMENT: The request for additional deposition time is denied. The Court has read the entire deposition and considered the defendants' arguments for additional time. The reason for this ruling will be placed on the record at a future conference. (Signed by Judge Denise L. Cote on 6/18/2013) (lmb)
June 17, 2013 Opinion or Order Filing 383 ENDORSED LETTER addressed to Judge Denise L. Cote from Joseph N. Sacca dated 5/30/2013 re: On behalf of defendants in the above-referenced action ("Defendants"), we write to request that the Court order FHFA to produce functional copies of or access to all versions of the models, tools, and other systems (the "Models") Fannie Mae and Freddie Mac (the "GSEs") used in connection with their purchases of PLS during the period 2005 through 2007 in a form sufficient to reveal the inputs and assumptions incorporated into the Models. ENDORSEMENT: Denied. As explained in the June 5 letter from FHFA, this information is not currently accessible. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb)
June 17, 2013 Opinion or Order Filing 382 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 6/13/2013 re: Defendants respectfully request that the Court order FHFA to produce the GSE's impairment/valuation calculations for the at-issue Certificates after the third quarter of 2011. ENDORSEMENT: 1) The FHFA need only disclose the sale of Certificates at issue in this litigation; they shall have no duty to disclose information about the potential sales or analyses of potential sales. 2) The FHFA shall disclose its impairment calculation spreadsheets for each quarter through March 31, 2013. There shall be no obligation to disclose spreadsheets created after that date. There is no duty to disclose all documents supporting impairment analyses. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb)
June 17, 2013 Opinion or Order Filing 381 ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 6/14/2013 re: On behalf of FHFA, we write to update the Court on the status of the prodcution, identification, and stipulatio of loan files in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order of 2/27/13 and in furtherance of FHFA's 5/31/213 status report. ENDORSEMENT: The requests are granted. (Signed by Judge Denise L. Cote on 6/17/2013) (gr)
June 14, 2013 Opinion or Order Filing 380 ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 6/12/2013 re: We write on behalf of FHFA, in connection with this Court's Order of June 11, 2013 regarding the supplementation of certain of FHFA's samples in the Tranche 3 and 4 Actions. FHFA respectfully requests that it have until June 17, 2013 to disclose its supplement for AHMA 2005-1; Credit Suisse has consent to this request. FHFA further respectfully requests that it have until June 21, 2013 to disclose its supplement for ACE 2006-HE1; Deutsche Bank has consented to this request. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/13/2013) (gr)
June 13, 2013 Filing 379 ENDORSED LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 6/3/13 re: FHFA's sur-reply in response to defendants' May 30 submission. ENDORSEMENT: The defendants may respond to any new material or arguments contained in the sur-reply by June 18, 2013. (Signed by Judge Denise L. Cote on 6/13/13) (abl)
June 11, 2013 Opinion or Order Filing 378 ORDER AMENDING THE SUPPLEMENTAL EXPERT SCHEDULING ORDER FOR TRANCHES 3 AND 4. (Signed by Judge Denise L. Cote on 6/11/2013) (gr)
June 10, 2013 Filing 377 NOTICE OF APPEARANCE by Mark Hanchet on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Hanchet, Mark)
June 4, 2013 Filing 376 Letter addressed to Judge Denise L. Cote from Jon Oblak and Kanchana Wangkeo Leung dated 6/4/2013 re: We write on behalf of FHFA in response to Defendants' letter dated June 3, 2013, which requests that the Court provide Defendants with five consecutive days to depose Michael Aneiro. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb)
June 4, 2013 Filing 375 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/3/2013 re: For the reasons described in Defendants' May 24, 2013 letter and at the May 31 conference, Defendants request that the Court find "good cause" to extend the presumptive two-day limit to five days for Mr. Aneiro. ENDORSEMENT: The defendants have not shown good cause for an exception to the presumptive 2-day limit on the Aneiro deposition. Should there be any post-deposition application for additional time, the request should include the transcript of the deposition. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb)
June 4, 2013 Filing 374 ENDORSED LETTER addressed to Judge Denise L. Cote from Steven M. Cady dated 6/3/2013 re: Defendants request a telephonic conference to discuss the status of FHFA's subpoena to Ocwen. ENDORSEMENT: The request for a conference is denied. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb)
June 4, 2013 Filing 373 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Manisha M. Sheth, Christine H. Chung, Richard A. Schirtzer and Kanchana Wangkeo Leung dated 6/4/2013 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA") in response to Defendants' June 3, 2103 status update regarding Ocwen. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb)
June 4, 2013 Opinion or Order Filing 372 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 5/31/2013 re: On behalf of Plaintiff Federal Housing Finance Agency and pursuant to the Supplemental Expert Scheduling Order of February 27, 2013. we write to provide a status report concerning the production, identification, and stipulation of loan files in the Tranche 3 and 4 Actions. The parties respectfully seek a brief extension, until June 14, 2013, to finish meeting and conferring concerning these Sample Loan Files and to agree on the language of the stipulation they expect to reach. Most of the Tranche 3 and 4 Defendants have joined in this request and none have opposed it. The lone exception is Tranche 4 Defendant Morgan Stanley, who has requested an extension to June 17, 2013, two which FHFA also agrees. FHFA has also agreed that the cost-shifting deadline referred to in Paragraph 4 of the Supplemental ESO be extended until June 14 for each of these same Securitizations. FHFA has, accordingly, asked Defendants to meet and confer early next week about a schedule for these processes, with the goal of submitting a joint proposal to the Court by June 7, 2013. ENDORSEMENT: The requests are approved. (Signed by Judge Denise L. Cote on 6/4/2013) (rsh)
May 31, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 5/31/2013. (Court Reporter Bridgett Lombardosa) (gr)
May 29, 2013 Filing 371 Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 5/24/2013 re: Defendants respectfully request that the Court enter an order permitting them to make the partially ex parte submission described above. (lmb)
May 29, 2013 Filing 370 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, and Michael A. Hanin dated 5/28/2013 re: On behalf of Plaintiff the Federal Housing Finance Authority ("FHFA"), we write in response to Defendants' May 24, 2013 letter requesting leave to submit ex parte an application to increase the 20-deposition limit previously ordered by the Court. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb)
May 24, 2013 Opinion or Order Filing 369 ORDER: There are several outstanding discovery disputes in these cases, including issues surrounding defendants' production of information pursuant to the Expert Scheduling Orders, requests regarding the number of and time limits applicable to depositions, and proposals for the adjustment of certain deadlines. It is hereby ORDERED that a conference will be held to discuss these issues on Friday, May 31, 2013, at 10:00 a.m., ( Status Conference set for 5/31/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/24/2013) (lmb)
May 24, 2013 Filing 368 ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 5/24/2013 re: We write to request an enlargement of time and pages for Defendant's Reply Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. ENDORSEMENT: Granted. The reply is due May 30, 2013. (Signed by Judge Denise L. Cote on 5/26/2013) (gr)
May 24, 2013 Opinion or Order Filing 367 ORDER. In a conference held on May 24, 2013, counsel for third-party Ocwen Loan Servicing, LLC ("Ocwen") indicated that Ocwen would complete production of the Loan Files in its possession by May 29. It is therefore necessary to adjust the deadlines in the Court's Order of May 21. In the event Ocwen does not complete its production by 5/29, the defendant shall move no later than June 3 to compel Ocwen to comply with their subpoenas and take all other steps necessary to ensure immediate production. IT IS FURTHER ORDERED that the 5/31 deadline for identification of Loan Files applicable to the Sample Loans set in the Court's 2/27 Supplemental Expert Scheduling Order for Tranches 3 and 4 is hereby extended to June 7 as to those Loan Files produced by Ocwen after 5/22. (Signed by Judge Denise L. Cote on 5/24/2013) (gr)
May 23, 2013 Opinion or Order Filing 366 STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE PROTOCOL: IT IS HEREBY AGREED, by and among the parties to the above-captioned FHFA-related litigations presently pending before the Hon. Denise L. Cote, U.S.D.J., and the Hon. Alvin W. Thompson, U.S.D.J. in the United States District Courts for the Southern District of New York and Connecticut (the "FHFA Proceedings"), through their counsel, that the following provisions of this Order shall govern expert reports, disclosures and discovery with respect to testifying experts (each an "Expert") in the FHFA Proceedings: Notwithstanding Rule 26(a)(2)(B) and 26(b)(4) (or any other potentially applicable law, statute, regulation or rule), the parties shall not be required to disclose or produce in discovery or at any trial in the FHFA Proceedings any of the following documents or information (the "Excluded Information"): (a) drafts of any report, affidavit, declaration, written testimony, exhibit or disclosure prepared by or at the direction of the Expert, counsel or other agent of the party proffering the Expert, or others working under the supervision of or on behalf of the Expert in connection with the FHFA Proceedings or any other matter, regardless of the form in which such draft is recorded as further set forth in this order. (Signed by Judge Denise L. Cote on 5/23/2013) (lmb)
May 23, 2013 Filing 365 ENDORSED LETTER addressed to Judge Cote from Steven M. Cady dated 5/23/13 re: Ocwen loan file production. ENDORSEMENT: A conference shall be held on Friday, May 24 at 10:30 a.m. (Signed by Judge Denise L. Cote on 5/23/13) (abl)
May 22, 2013 Filing 364 ENDORSED LETTER addressed to Judge Cote from Jon Corey dated 5/21/2013 re: We write on behalf of FHFA to seek a continuance of the response date for Defendants' Fifth Set of Interrogatories, which are premature contention interrogatories served in violation of Local Rule 33.3(c). FHFA asks the Court to continue the date for FHFA's response to the close of fact discovery in each Action. ENDORSEMENT: The May 24 deadline is adjourned sine die pending a conference on this dispute. The defendants have advised that their written response will be submitted on May 23. (Signed by Judge Denise L. Cote on 5/22/2013) (gr)
May 21, 2013 Opinion or Order Filing 363 ORDER: In letters of May 20 and 21, 2013, the parties in these actions provided updates on the status of the production of loan files by third-party Ocwen Loan Servicing, LLC ("Ocwen"). In their letter, defendants indicated that Ocwen anticipates completing its production on May 22. It is hereby ORDERED that, in the event Ocwen does not complete its production by May 22, defendants shall move no later than May 27 to compel Ocwen to comply with their subpoenas and take all other steps necessary to ensure immediate production., ( Motions due by 5/27/2013.) (Signed by Judge Denise L. Cote on 5/21/2013) (lmb)
May 21, 2013 Filing 362 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Kanchana Wangkeo Leung dated 5/21/2013. We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) in response to Defendants May 20, 2103 status update regarding Ocwens production. Defendants reference two hard drives of loan files recently produced by Ocwen. Neither hard drive, however, alleviates the ongoing delays referenced in FHFAs May 10, 2013 letter. Indeed, the parties had been scheduled to receive one hard drive the day FHFA filed its May 10 letter, and the other hard drive was a replacement for a corrupt drive Ocwen produced in April. With respect to the 2,657 outstanding Sample Loan Files that actually are the subject of FHFAs May 10 letter, none has been produced. Although Ocwen anticipates making a production on May 22, over the last eight months, Ocwen has repeatedly failed to meet anticipated production dates. Further, waiting for another status update as Defendants propose jeopardizes the May 31, 2013 matching deadline in the Tranche 3 and 4 actions. As of today, the parties will have less than seven business days to determine how to address anyproduction issues, process and distribute the 2,657 Sample Loan Files, and meet and confer to reach agreement on matching the Sample Loan Files. (gr)
May 21, 2013 Filing 361 Letter addressed to Judge Cote from Steven M. Cady dated 5/20/2013 re: I write on behalf of relevant Defendants in response to the Court's May 13, 2013 order requiring Defendants to submit a status update on Ocwen's production by May 20, 2013. (gr)
May 20, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/20/2013. (Court Reporter Jerry Harrison) (gr)
May 17, 2013 Filing 360 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 5/16/2013. Reply in Further Support of Status Report re: Tranche 3 and 4 Non-SLG Sets. (Attachments: #1 Exhibit)(gr)
May 17, 2013 Filing 359 Letter addressed to Judge Cote from Roberta A. Kaplan dated 5/13/2013. We represent Fitch, Inc. ("Fitch") in connection with the subpoena dated July 5,2012, which the Federal Housing Finance Authority ("FHFA") served on Fitch in the abovecaptioned actions (the "Fitch Subpoena"). We submit this letter pursuant to the Court's Order of May 7, 2013, in response to FHFA's letter of May 6, 2013 regarding the issue of reimbursement for costs relating to compliance with the Fitch Subpoena (the "May 6 letter").(gr)
May 17, 2013 Filing 358 Letter addressed to Judge Cote from Steven M. Cady dated 5/13/2013. I write on behalf of relevant defendants in response to Plaintiffs' May 10, 2013 letter regarding collection of loan files from non-party Ocwen Loan Services, LLC. (gr)
May 17, 2013 Filing 357 Letter addressed to Judge Cote dated 5/7/2013 from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin. On behalf of Plaintiff Federal Housing Finance Agency (FHFA), and in response to the Courts directive at the April 26, 2013 conference, we write to provide a status report concerning the adequacy of the disclosure of Non-SLG sets by the Tranche 3 and 4 Defendants (the Defendants) pursuant to the Supplemental Expert Scheduling Order for Tranches 3 and 4 dated February 27, 2013 (the Order). Since the conference on April 26, 2013, FHFA has met andconferred with each Tranche 3 and 4 Defendant bilaterally. Those discussions have made it possible to isolate the following specific areas of disagreement, and the particular Defendants with whom FHFA has the disagreement.(gr)
May 17, 2013 Filing 356 Letter addressed to Judge Cote from Edward J. Bennett dated 5/7/2013. We write in response to FHFAs May 3, 2013 letter to the Court regarding its documentproduction. FHFA states that its post-January 2013 production has been larger than FHFA anticipated due to a number of factors including Defendants requests for additional searches and productions of documents. and that it did not anticipate... the additional requests defendants [sic] would make. Undoubtedly the parties will continue to vigorously disagree about the scope of document production and its proper implications for the overall schedule, but FHFAs claim that Defendants are in any way the cause of the delays affecting its document production is simply not correct. (gr)
May 17, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/17/2013. (Court Reporter Khris Sellin) (gr)
May 16, 2013 Opinion or Order Filing 355 ORDER that, in the event the issues raised by FHFA in a letter dated May 15, 2013, remain outstanding after meet and confer sessions between the parties, a telephone conference will be held on Monday, May 20, 2013 at 2:30 p.m. (Signed by Judge Denise L. Cote on 5/16/2013) (gr)
May 16, 2013 Opinion or Order Filing 354 ORDER REGARDING DEFENDANTS' PRIVILEGE LOG DEADLINES. (Signed by Judge Denise L. Cote on 5/16/2013) (gr)
May 15, 2013 Filing 353 ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy and Mark E. Kasowitz dated 5/14/2013 re: We write on behalf of Plaintiff FHFA to request a short extension of time to respond to Defendants' May 8 2013 Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards such that FHFA's opposition brief would be due on Monday, May 20, and Defendants' reply brief would be due on Tuesday, May 28. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/15/2013) (gr)
May 15, 2013 Filing 352 Letter addressed to Judge Cote from Penny Shane dated 5/3/2013. I write on behalf of JPMorgan Chase Bank, N.A. ("Chase Bank") to report on Chase Bank's response to subpoenas for loan records in Tranche 3 and 4 Actions where it is not a party. (gr)
May 15, 2013 Filing 351 Letter addressed to Judge Cote from Philippe Z. Selendy, Christine H. Chung, Kanchana Wangkeo Leung, and Manisha Sheth dated 5/3/2013. We write on behalf of Plaintiff FHFA to respond to the Courts request for information regarding FHFAs document production since January 2013. (gr)
May 15, 2013 Filing 350 Letter addressed to Judge Cote from Penny Shane dated 4/29/2013. On behalf of defendants in the above-referenced actions (Defendants), asrequested at the April 26, 2013 conference with the Court, we write to identify instances inwhich Defendants objected to the deposition limits the Court has set, under which FHFA maytake over 400 depositions of Defendants but Defendants may take only 20 shared depositions ofFannie Mae, Freddie Mac and FHFA/OFHEO. (gr)
May 14, 2013 Opinion or Order Filing 349 ORDER. Having reviewed the parties' recent submissions in connection with two outstanding discovery issues to be addressed at a conference this week, the allocation of the costs associated with identification and indexing of Guidelines in the Ally action and the adequacy of defendants' disclosures regarding non-Supporting Loan Group sets, the Court has concluded that the conference can be conducted in less than an hour. Accordingly, it is hereby Ordered that a telephone conference will be held on May 17 2013 at 2:30 p.m.( Telephone Conference set for 5/17/2013 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/14/2013) (gr)
May 14, 2013 Filing 348 Letter addressed to Judge Cote from Brian Markley dated 5/13/2013. I write on behalf of Standard & Poor's Financial Services, LLC ("S&P"), a non-party in the above-referenced actions, with respect to the eltter submitted on 5/6/2013 by plaintiff FHFA, requesting that S&P and two other non-party rating agencies bear their own costs of compliance with certain subpoenas issued by FHFA. For the reasons set forth below, and in a separte letter being submitted today by Moody's Investors Services, FHFA's request should be denied. (Attachments: #1 Exhibit Letter dated May 13 2013 to Judge Cote)(gr)
May 13, 2013 Opinion or Order Filing 347 ORDER REGARDING DOCUMENT PRODUCTION DEADLINES. This Order shall apply to all depositions taken after April 26, 2013 regardless of the date on which they were noticed. (Signed by Judge Denise L. Cote on 5/13/2013) (gr)
May 13, 2013 Filing 346 ENDORSED LETTER addressed to Judge Cote from FHFA dated 5/10/13 re: production of outstanding Sample Loan Files from third-party servicer Ocwen. ENDORSEMENT: Any objection to the request, by a party to these actions, should be made by May 14 at noon. (Signed by Judge Denise L. Cote on 5/13/13) (abl)
May 10, 2013 Filing 345 Letter addressed to Judge Cote from John M. Conlon dated 4/30/2013. Pursuant to the Courts February 27, 2013 Supplemental Expert Scheduling Order forTranches 3 and 4 (the Tranche 3 & 4 ESO), the HSBC defendants (HSBC) in the abovecaptioned action respectfully submit this status report on the production, matching, and stipulation to Loan Files and Guidelines.(gr)
May 10, 2013 Filing 344 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Adam Abensohn, Christine H. Chung, Manisha M. Sheth, Kanchana Wangkeo Leung dated 4/30/2013. We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to update the Court on the status of the parties efforts regarding the production, identification, and stipulation of Loan Files and Guidelines relating to FHFAs Sample Loans in the Tranche 3 and Tranche 4 Actions (together, the Actions).(gr)
May 9, 2013 Opinion or Order Filing 343 ORDER: It is hereby ORDERED that, at the request of counsel, the telephone conference to discuss the Rating Agencies' compliance with FHFA's subpoenas previously scheduled for May 15 at 10:30 a.m. is adjourned to May 20, 2013, at 11:30 a.m., ( Telephone Conference set for 5/20/2013 at 11:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/8/2013) (lmb)
May 9, 2013 Filing 342 Letter addressed to Judge Cote from John M. Conlon dated 4/26/2013. On behalf of the HSBC defendants (HSBC) in the above-captioned action, we write inresponse to Plaintiffs April 24, 2013 letter to Your Honor regarding document production and their request that your Honor enter an Order setting a May 31, 2013 deadline for production of documents and final privilege logs. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc..(gr)
May 8, 2013 Filing 341 Redacted Letter addressed to Judge Cote from Jonathan B. Oblak and Kanchana Wangkeo Leung dated 4/26/2013 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to Defendants April 25, 2013 letter requesting that the Court require FHFA to designate a new Freddie Mac witness to testify further regarding Topic 9 of Defendants January 11, 2013 Notice of Rule 30(b)(6) Deposition (30(b)(6) Notice). Document filed by FHFA. (Attachments: #1 Exhibit Redacted, #2 Exhibit Redacted, #3 Exhibit Redacted)(gr)
May 8, 2013 Filing 340 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 4/25/13 re: Deadlines for document production. (Attachments: #1 Exhibit) (abl)
May 8, 2013 Filing 339 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 4/25/13 re: Further 30(b)(6) deposition of Freddie Mac. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (abl)
May 8, 2013 Filing 338 Letter addressed to Judge Cote from FHFA dated 4/25/13 re: Freddie Mac AMO reviews. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (abl)
May 8, 2013 Filing 337 Letter addressed to Judge Cote from JPMorgan (Penny Shane) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl)
May 8, 2013 Filing 336 Letter addressed to Judge Cote from Goldman Sachs (Richard H. Klapper) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl)
May 8, 2013 Filing 335 Letter addressed to Judge Cote from Ally Securities (Devon M. Largio) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl)
May 8, 2013 Filing 334 Letter addressed to Judge Cote from FHFA dated 4/24/13 re: Deadline for completion of document production and privilege logs. (abl)
May 7, 2013 Opinion or Order Filing 333 ORDER that the Rating Agencies shall submit by May 13, 2013, letter briefs no longer than five pages regarding compliance with FHFA's subpoenas. IT IS FURTHER ORDERED that a telephone conference to discuss this issue will be held on Wed., May 15 at 10:30 a.m. IT IS FURTHER ORDERED that FHFA shall serve copies of this Order on the Rating Agencies. (Signed by Judge Denise L. Cote on 5/7/2013) (gr)
May 7, 2013 Set/Reset Hearings: Telephone Conference set for 5/15/2013 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr)
May 6, 2013 Opinion or Order Filing 332 ENDORSED LETTER addressed to Judge Cote from Counsel for Plaintiff Federal Housing Finance Agency ("FHFA") regarding the Court's request during the 4/262013 status conference that FHFA provide by today a status report concerning the Tranche 3 and 4 Defendants' disclosure pursuant to the Supplemental Expert Scheduling Order ated 2/27/2013. FHFA respectfully request that the Court permit FHFA an additional two business days, until 5/7/2013, to complete that process and submit the request status report. Defendants consent to this brief extension dated 5/3/2013 ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/6/2013) (gr)
May 2, 2013 Filing 331 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, and Kanchana Wangkeo Leung dated 4/30/2013 re: As discussed in this letter, FHFA and Defendants in the Credit Suisse, Deutsche Bank, Goldman Sachs, Morgan Stanley, HSBC, Citi, Barclays, Nomura, and First Horizon cases respectfully request an extension until May 31, 2013 of (1) the deadline for the production, identification, and stipulation of the Loan Files and applicable Guidelines for all Securitizations; and (2) the date after which re-underwriting costs may be shifted based on the late production of Loan Files or Guidelines (set forth in Paragraph 4 of the Supplemental ESO). The parties can amend their proposed stipulations up to that same deadline. FHFA and SG Americas respectfully request an extension until May 13, 2013 and finally, FHFA and Ally respectfully request an extension until May 15, 2013. ENDORSEMENT: The requested extensions are approved. (Signed by Judge Denise L. Cote on 5/2/2013) (rsh)
May 2, 2013 Opinion or Order Filing 330 ORDER It is hereby ORDERED that JPMorgan provide by May 3, 2013, a date by which it expects to complete production of the Loan Files mentioned in FHFAs April 30 status report. (Signed by Judge Denise L. Cote on 5/2/13)(abl)
May 1, 2013 Opinion or Order Filing 329 ORDER: On May 1, 2013, the parties jointly submitted to the Court a proposed extension of the briefing schedule established in the Court's Order of April 30. It is hereby ORDERED that any brief on the legal issues mentioned in the Court's April 30 Order by defendants shall be served by May 8, 2013. Plaintiff's opposition shall be served by May 15, 2013. Defendants' reply shall be served by May 20, 2013, at noon. (Signed by Judge Denise L. Cote on 5/1/2013) (rsh)
April 30, 2013 Opinion or Order Filing 328 ORDER: In a series of letters beginning April 5, 2013, the parties raised several outstanding discovery issues and requested a conference. A conference was held on April 26, but several issues remain outstanding. It is hereby ORDERED that a telephone conference will be held to address these issues on Wednesday, May 1 at 10:30 AM., ( Telephone Conference set for 5/1/2013 at 10:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/30/2013) (lmb)
April 30, 2013 Opinion or Order Filing 327 ORDER: At a conference held on April 26, 2013, the Court discussed with defendants the possibility of their submitting briefing regarding knowledge and other legal standards in this case in advance of summary judgment practice. It is hereby ORDERED that any brief on these issues by defendants shall be served by May 3, 2013. Plaintiff's opposition shall be served by May 10, 2013. Defendants' reply shall be served by May 14, 2013. (Signed by Judge Denise L. Cote on 4/30/2013) (lmb)
April 29, 2013 Opinion or Order Filing 326 ORDER: At a conference held on April 26, 2013, defendants raised the issue of inquiry notice, and the Court indicated that it would provide counsel with a reference to its discussion of inquiry notice in a previous opinion. Inquiry notice was addressed in the Court's May 4, 2012, opinion granting in part and denying in part the motion to dismiss the second amended complaint in the UBS Action, No. 11 Civ. 5201 (DLC), at page 19 et seq. (Signed by Judge Denise L. Cote on 4/29/2013) (lmb)
April 26, 2013 Filing 325 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Kanchana Wangkeo Leung dated 4/26/2013 re: To allow sufficient time for the parties to collect, identify, and stipulate to these Remaining Sample Loans, FHFA respectfully requests that the deadline for production, identification, and stipulation of the Securitizations identified on Exhibit 1 be extended until May 31, 2013, except for those Securitizations related to the Bank of America action. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/26/2013) (lmb)
April 26, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 4/26/2013. (Court Reporter Jennifer Thun) (gr)
April 26, 2013 Filing 324 NOTICE OF CHANGE OF ADDRESS by Joshua Klein on behalf of HSBC Bank USA. N.A.. New Address: Petrillo Klein & Boxer LLP, 655 3rd Avenue, 22nd Fl., New York, NY, United States 10017-9106, (212) 370-0330. (Klein, Joshua)
April 25, 2013 Filing 323 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 4/24/2013 re: Deadline for Completion of Document Production and Privilege Logs. Document filed by Federal Housing Finance Agency.(gr)
April 24, 2013 Filing 322 Letter addressed to Judge Cote from FHFA (Manisha Sheth) dated 3/25/13 re: UBS production of on-site originator reviews. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr)
April 24, 2013 Filing 321 Letter addressed to Judge Cote from Sascha N. Rand dated 4/11/2013 re: Pursuant to the instructions received from Chambers on April 8, 2013 and the additional meet and confer discussions between the parties, we write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to update the Court regarding the status of Loan File production in the Tranche 2,3, and 4 Actions. Document filed by Federal Housing Finance Agency.(gr)
April 24, 2013 Filing 320 Letter addressed to Judge Cote from Steven M. Cady on behalf of Defendants in the above-cationed actions dated 4/11/2013 re: After an opportunity to meet and confer with FHFA regarding FHFA's letter dated April 4, Defendants and FHFA have resolved the matters raised in FHFA's letter without the need for Court intervention. (gr)
April 24, 2013 Filing 319 Letter addressed to Judge Cote from Philippe Selendy, Richrd Schirtzer, Christine Chung, Manisha Sheth and Kanchana Wangkeo Leung dated 4/10/2013 re: FHFA's Response to Defendants' 4/5/2013 letter re: 20 Deposition limit. Document filed by Federal Housing Finance Agency.(gr)
April 24, 2013 Filing 318 Letter addressed to Judge Cote from Steven M. Cady dated 4/7/2013 re: I write on behalf of Defendants in the above-captioned actions in response to FHFA's letter to the Court dated 4/4/2013 regarding loan file collection. (gr)
April 24, 2013 Filing 317 Letter addressed to Your Honor from Penny Shane dated 4/5/2013 re: Defendants in the above-referenced actions write in response to the Courts March 22 Order that [t]he parties shall confer and design a process for selecting deponents. (gr)
April 23, 2013 Filing 316 Letter addressed to Judge Cote from Sascha Rand dated 4/4/2013 re: to supplement its report of March 29, 2013 to report on the production of Loan Files and Guidelines in the Tranche 2, Tranche 3, and Tranche 4 Actions and topropose associated relief. Document filed by Federal Housing Finance Agency.(gr)
April 23, 2013 Filing 315 Letter addressed to Judge Cote from Plaintiff's counsel dated 4/18/2013 re: Tranche 3 and 4 Defendants' Disclosures of Non-SLG sets. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit April 5, 2013 letter from Reginald Goeke to Kanchana Leung)(gr)
April 23, 2013 Filing 314 Letter addressed to Judge Cote from Plaintiff's counsel dated 3/28/2013 re: additional Freddie Mac 30(b)(6) designees. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit Notice of Rule 30(b)(6) Deposition, #2 Exhibit redacted, #3 Exhibit redacted, #4 Exhibit redacted, #5 Exhibit redacted)(gr)
April 23, 2013 Filing 313 Letter addressed to Judge Cote from plaintiff's counsel dated 3/28/2013 re: additional Fannie Mae 30(b)(6) designees. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit redacted, #2 Exhibit redacted, #3 Exhibit redacted, #4 Exhibit redacted)(gr)
April 23, 2013 Filing 312 Letter addressed to Judge Cote from Phillip A. Sechler dated 3/26/2013 re: adequacy of plaintiff's 30(b)(6) designees. (Attachments: #1 Exhibit Redacted Pursuant to Protective Order, #2 Exhibit Redacted Pursuant to Protective Order, #3 Exhibit Redacted Pursuant to Protective Order, #4 Exhibit Redacted Pursuant to Protective Order, #5 Exhibit Redacted Pursuant to Protective Order)(gr)
April 23, 2013 Filing 311 Letter addressed to Judge Cote from Robert A. Fumerton dated 3/26/2013 re: response to FHFA's 3/25/2013 letter. Document filed by GS Mortgage Securities Corp., UBS Securities LLC, UBS Securities LLC, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration (redacted))(gr)
April 23, 2013 Filing 310 Letter addressed to Judge Cote from Penny Shane dated 3/26/2013 re:to write to request that the Court direct Plaintiff to designate an additional Fannie Mae Rule 30(b)(6) deposition witness (or witnesses) to testify on certain topics discussed below. Document filed by UBS Americas Inc. (Attachments: #1 Exhibit Letter, #2 Exhibit Letter, #3 Exhibit Notice of Rule 30(b)(6) Deposition, #4 Exhibit FHFA's response to Rule 30(b)(6), #5 Exhibit Redacted, #6 Exhibit Redacted, #7 Exhibit Redacted, #8 Exhibit Redacted, #9 Exhibit Redacted)(gr)
April 17, 2013 Opinion or Order Filing 309 ORDER: In a series of letters beginning April 5, 2013, the parties raised several outstanding discovery issues and requested a conference. The parties could not agree on a time during the week of April 15, but were able to agree to a time the following week. It is hereby ORDERED that a conference will be held to address these issues on Friday, April 26 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York., ( Status Conference set for 4/26/2013 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/17/2013) (lmb)
April 16, 2013 Filing 308 ENDORSED LETTER addressed to Judge Cote from the UBS Defendants dated 4/16/13 re: Additional proposed redactions to the Thacher Memorandum. ENDORSEMENT: These additional redactions are approved with one exception: The request to redact #5 is denied. (Signed by Judge Denise L. Cote on 4/16/13) (al)
April 16, 2013 Opinion or Order Filing 307 ORDER regarding FHFA's objection to the designation of certain documents by defendant UBS as protected by the attorney-client privilege. (Signed by Judge Denise L. Cote on 4/16/13) (al)
April 15, 2013 Opinion or Order Filing 306 JOINT STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF MEMORANDA RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING REVIEWS OF ORIGINATORS AND THE SECURITIZATIONS: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Federal Finance Housing Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac"), and each Defendant in the above-captioned actions ("the Parties"), by and through their undersigned counsel, as follows: Defendants agree that they will not assert, and it will not be deemed, that Plaintiff FHFA's production of memoranda summarizing Fannie Mae's anti-predatory lending reviews of Originators and memoranda summarizing Fannie Mae's post-purchase reviews of third party exception reports relating to the Securitizations (collectively "the Documents") is a waiver of any claim of privilege that FHFA may assert as to documents other than the Documents produced pursuant to this stipulation. All parties agree that they will not assert, and it will not be deemed, that either the production of the Documents or this stipulation constitutes evidence or an admission by any party that any documents other than the Documents are or are not covered by any privilege. With respect to any documents other than the Documents produced by Plaintiff FHFA pursuant to this Stipulation, all parties reserve their rights to make arguments concerning privileges, waiver of privileges, and the scope of any such waivers. No party takes a position on, and each reserves the right to oppose (on grounds other than privilege), the use of the Documents as evidence. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb)
April 15, 2013 Opinion or Order Filing 305 JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF DILIGENCE LOAN INFORMATION TO NON-PARTIES: 1. If a Due Diligence File Custodian, including but not limited to the Due Diligence File Custodians identified in the attached Exhibit 1, requires Diligence Loan Information, including Non-Party Borrower Information, to identify and produce the requested due diligence files and related documents ("Confidential Diligence Loan Information"), the Due Diligence File Custodian may obtain the Confidential Diligence Loan Information as set forth in this Stipulation. 2. Any Confidential Diligence Loan Information that was designated by a Defendant as Confidential pursuant to the Protective Order may be disclosed by that Defendant to a Due Diligence File Custodian in accordance with Paragraph 11 of the Protective Order as further set forth in this order. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb)
April 2, 2013 Filing 304 Letter addressed to Judge Cote from John M. Conlon dated 3/29/2013 re: Pursuant to the Courts February 27, 2013 Supplemental Expert Scheduling Order for Tranches 3 and 4 (the Tranche 3 & 4 ESO), the HSBC defendants (HSBC) respectfully submit this status report on the production, matching, andstipulation to Loan Files and Guidelines. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc.(gr)
April 2, 2013 Filing 303 Letter addressed to Judge Cote from Philippe Selendy, Richard Schirtzer, Christine Chung, Manisha Sheth and Kanchana Wangkeo Leung dated 3/29/2013 re: Pursuant to this Courts Order of March 4, 2013, we write on behalf of the Federal Housing. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(gr)
April 1, 2013 Opinion or Order Filing 302 ORDER that the modifications to the schedules in these coordinated actions requested by FHFA and many defendants, as reflected in FHFA's 3/29/13 status report, are approved. (See Order for schedule) (Signed by Judge Denise L. Cote on 4/1/2013) (gr)
April 1, 2013 Opinion or Order Filing 301 STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER FOR MATERIALS PRODUCED BY HE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN, INC. SO ORDERED. (Signed by Judge Denise L. Cote on 4/1/2013) (gr)
April 1, 2013 Opinion or Order Filing 300 ORDER (Signed by Judge Denise L. Cote on 4/1/13) (abl)
March 29, 2013 Opinion or Order Filing 299 ORDER (Signed by Judge Denise L. Cote on 3/29/13) (abl)
March 27, 2013 Filing 298 Letter addressed to Judge Cote from John Conlon dated 3/15/2013 re: Pursuant to the Courts March 4, 2013 Order, the HSBC defendants (HSBC) in theabove-captioned action respectfully submit this status report on the production, matching, and stipulation to Loan Files and Guidelines, in accordance with the Courts February 27, 2013 Supplemental Expert Scheduling Order for Tranches 3 and 4 (the Tranche 3 & 4 ESO).Document filed by Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc.(gr)
March 27, 2013 Filing 297 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Manisha M. Sheth and Kanchana Wangkeo Leung dated 3/15/2013 re: we write on behalf of the Federal Housing Finance Agency (FHFA) to make an initial report on the production, matching, and stipulation to Loan Files and Guidelines in the Selected Actions. Document filed by Federal Housing Finance Agency, as Conservator for the Federal Home Loan Mortgage Corporation.(gr)
March 27, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 3/27/2013. (Court Reporter Joanne Mancari) (gr)
March 26, 2013 Opinion or Order Filing 296 OPINION AND ORDER denying the UBS Defendants' application to require the Federal Housing Finanace Agency to pay either $250,000 or at least $85,000 of the cost incurred in identifying certain files produced by third parties. (Signed by Judge Denise L. Cote on 3/26/2013) (gr)
March 25, 2013 Filing 295 Letter addressed to Judge Cote from defendant Credit Suisse (Keara A. Bergin) dated 3/22/13 re: status of loan file production by NationStar. (abl)
March 22, 2013 Filing 294 ENDORSED LETTER addressed to Judge Cote from Defendants (Phillip A. Sechler) dated 3/21/13 re: 30(b)(6) depositions. ENDORSEMENT: Denied for failure to indicate that defendants have exhausted the meet and confer process. (Signed by Judge Denise L. Cote on 3/22/13) (abl)
March 22, 2013 Opinion or Order Filing 293 ENDORSED LETTER addressed to Judge Cote from Non-UBS defendants (Edward J. Bennett) dated 3/21/13 re: the Court's March 19, 2013 Order regarding deposition coordination and scheduling. ENDORSEMENT: The parties shall confer and design a process for selecting deponents. If the parties cannot agree between two competing proposals, the Court shall hear the parties. (Signed by Judge Denise L. Cote on 3/22/13) (al)
March 22, 2013 ***DELETED DOCUMENT. Deleted document number #294 ENDORSED LETTER. The document was incorrectly filed in this case. (mt)
March 20, 2013 Filing 292 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Federal Housing Finance Agency (Goldstein, Jordan)
March 20, 2013 Opinion or Order Filing 291 ORDER: It is hereby ORDERED that Citigroup Defendants may begin to exchange guideline matches on March 29, 2013. IT IS FURTHER ORDERED that by March 22, the defendants shall provide a report regarding the status of the production of Loan Files by NationStar. (Signed by Judge Denise L. Cote on 3/20/2013) (lmb)
March 19, 2013 Opinion or Order Filing 290 ORDER: FHFA or a defendant may identify to its adversary the Loan Files and Guidelines to which it will stipulate, and seven days thereafter the adversary shall agree to the stipulation or provide specific reasons why it does not agree. (Signed by Judge Denise L. Cote on 3/19/13)(gr)
March 19, 2013 Filing 289 ENDORSED LETTER addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 3/19/2013 re: Response to USB's 3/15/13 letter requesting extension of deadlines for fact and expert discovery. ENDORSEMENT: All defendants must cooperate in the scheduling of the FHFA (Fannie Mae; Freddie Mac) depositions. The limit on the depositions applies across all actions. The USB request to extend its discovery until 12/6 is denied. Fact discovery in the UBS action is extended to 8/30/13; expert discovery is extended to 9/4/13.(Signed by Judge Denise L. Cote on 3/19/2013)(gr)
March 19, 2013 Filing 288 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 3/15/2013 re: Request by UBS Defendants for adjournment of interim deadlines in USB action.(gr)
March 12, 2013 Filing 287 NOTICE OF APPEARANCE by Jason Israel Kirschner on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Kirschner, Jason)
March 12, 2013 Filing 286 NOTICE OF APPEARANCE by Noah Liben on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Liben, Noah)
March 7, 2013 Filing 285 Letter addressed to Judge Cote from UBS Defendants (Robert Fumerton) dated 3/1/13 re: Production of Syron documents. (al)
March 7, 2013 Filing 284 Letter addressed to Judge Cote from FHFA and JPMorgan Chase dated 2/28/13 re: Joint status report. (al)
March 7, 2013 Filing 283 Letter addressed to Judge Cote from FHFA dated 2/28/13 re: Tranche 3 and 4 status report. (al)
March 7, 2013 Filing 282 Letter addressed to Judge Cote from Defendants in Tranche 3 and 4 cases (Amanda Davidoff) dated 2/28/13 re: Status report. (al)
March 4, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 3/4/2013. (Court Reporter Rose Prater) (gr)
March 4, 2013 Opinion or Order Filing 281 ORDER: The requested extension of the deadline for stipulations in the JPMorgan Chase Action to March 31, 2013, is granted. IT IS FURTHER ORDERED that the parties to the following six Tranche 3 and 4 Actions submit by March 15, 2013, further reports on the status of production, matching, and stipulation to Loan Files and Guidelines: FHFA v. HSBC North America Holdings, Inc., et al., 11-cv-6189, FHFA v. Deutsche Bank AG, et al., 11-cv-6192, FHFA v. Citigroup, et al., 11-cv-6196, FHFA v. Goldman Sachs & Co., et al., 11-cv-6198, FHFA v. Morgan Stanley, et al., 11-cv-6739, and FHFA v. Ally Financial, Inc., et al., 11-cv-7010. (Signed by Judge Denise L. Cote on 3/4/2013) (ft)
February 27, 2013 Filing 280 Letter addressed to Judge Cote from FHFA dated 2/25/13 re: Proposed expert scheduling order for Tranche 3 and 4 cases. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Text of Proposed Order) (al)
February 27, 2013 Opinion or Order Filing 279 SUPPLEMENTAL EXPERT SCHEDULING ORDER FOR TRANCHES 3 AND 4:Summary Judgment Motions in Tranche 3 and 4 due by 1/24/2014. Opposition briefs shall be due by 3/21/2014 Reply briefs due by 4/11/2014. Expert Discovery shall be completed by 3/7/2014. See Scheduling Order. (Signed by Judge Denise L. Cote on 2/27/2013) (gr)
February 27, 2013 Filing 278 Letter addressed to Judge Cote from Defendants in Tranche 3 and 4 cases (David Woll) dated 2/25/13 re: Proposed expert scheduling order for Tranche 3 and 4 cases. (Attachments: #1 Text of Proposed Order) (al)
February 25, 2013 Opinion or Order Filing 277 AMENDED ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants") as further set forth in this order. (Signed by Judge Denise L. Cote on 2/25/2013) (lmb)
February 25, 2013 Filing 276 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/22/13 re: FHFA's request for an extension of time to respond to interrogatories. (Attachments: #1 Exhibit) (al)
February 25, 2013 Filing 275 Letter addressed to Judge Cote from FHFA dated 2/21/13 re: Application for an extension of time to respond to interrogatories. (al)
February 25, 2013 Filing 274 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Proposed supplemental expert scheduling order for tranche 3 and 4 cases. (Attachments: #1 Text of Proposed Order) (al)
February 25, 2013 Filing 273 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for additional Freddie Mac custodians. (al)
February 25, 2013 Filing 272 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Status report on outstanding discovery issues. (al)
February 25, 2013 Filing 271 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: FHFA's assertion of privilege over Fannie Mae reviews or actions based on third party loan level reviews. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (al)
February 25, 2013 Filing 270 Letter addressed to Judge Cote from Defendants dated 2/20/13 re: Status report on outstanding discovery issues. (al)
February 25, 2013 Filing 269 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: Production of third party loan level reviews. (Attachments: #1 Exhibit) (al)
February 25, 2013 Filing 268 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Production of privilege logs. (Attachments: #1 Exhibit, #2 Exhibit) (al)
February 25, 2013 Filing 267 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re: JPMorgan's delays in document production relating to successor liability claims. (al)
February 25, 2013 Filing 266 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re: JPMorgan's delays in document production. (al)
February 25, 2013 Filing 265 Letter addressed to Judge Cote from JPMorgan Chase (Penny Shane) dated 2/20/13 re: Document production relating to FHFA's successor liability claims. (al)
February 25, 2013 Filing 264 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/20/13 re: Production of privilege logs. (Attachments: #1 Exhibit) (al)
February 25, 2013 Filing 263 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: UBS delays in deposition scheduling. (al)
February 22, 2013 Filing 262 NOTICE OF APPEARANCE by Charles Salem Korschun on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Korschun, Charles)
February 21, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/21/2013. (Court Reporter Linda Fisher) (gr)
February 20, 2013 Filing 261 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for production of GSE reviews of single-family due dilgence vendors. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (al)
February 20, 2013 Filing 260 Letter addressed to Judge Cote from Defendants (Jay B. Kasner) dated 2/20/13 re: Request to search custodial files of certain Freddie Mac employees. (Attachments: #1 Exhibit, #2 Exhibit) (al)
February 20, 2013 Filing 259 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for loan-level reviews of the securitizations. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (al)
February 20, 2013 Filing 258 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for 30(b)(6) testimony. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (al)
February 20, 2013 Filing 257 Letter addressed to Judge Cote from Goldman Sachs Defendants (Richard H. Klapper) dated 2/19/13 re: FHFA's request for information regarding Goldman's due diligence. (Attachments: #1 Exhibit) (al)
February 20, 2013 Filing 256 Letter addressed to Judge Cote from FHFA (Philippe Z. Selendy and Kanchana Wangkeo Leung) dated 2/19/13 re: Goldman Sachs' due diligence loans. (al)
February 20, 2013 Filing 255 Letter addressed to Judge Cote from Defendants (Robert A. Fumerton) dated 2/15/13 re: Defendants' request for 30(b)(6) testimony. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (al)
February 19, 2013 Opinion or Order Filing 254 ORDER: In a series of letters beginning February 1, the parties raised several issues related to discovery in this litigation and requested a conference. Conferences were held on February 7 and 14, but certain issues remain outstanding. It is hereby ORDERED that a conference will be held to address these issues on Thursday, February 21 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 2/21/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) (jcs)
February 15, 2013 Filing 253 Letter addressed to Judge Cote from FHFA dated 2/13/13 re: Defendants' request for single-family due diligence policies. (al)
February 15, 2013 Filing 252 Letter addressed to Judge Cote from FHFA (Jon Corey) dated 2/13/13 re: Defendants' letter seeking 30(b)(6) deposition regarding Freddie Mac email preservation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (al)
February 14, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/14/2013. (Court Reporter Bill Williams) (gr)
February 13, 2013 Filing 251 Letter addressed to Judge Cote from Defendants (Robert A. Fumerton) dated 2/13/13 re: FHFA's retention of documents from Freddie Mac. (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (al)
February 13, 2013 Filing 250 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/13/13 re: Use of loan level information at GSEs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (al)
February 13, 2013 Filing 249 Letter addressed to Judge Cote from FHFA (Christine H. Chung and Kanchana Wangkeo Leung) dated 2/13/13 re: letter from Goldman Sachs of 2/1 regarding due diligence loans. (al)
February 13, 2013 Filing 248 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/13/13 re: Loan level reviews conducted by the GSEs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (al)
February 13, 2013 Filing 247 Letter addressed to Judge Cote from Defendants (Richard H. Klapper) dated 2/13/13 re: Diligence provider reviews. (al)
February 13, 2013 Filing 246 Letter addressed to Judge Cote from Defendants dated 2/13/2013 re: Defendants' status report on outstanding discovery issues. (al)
February 13, 2013 Filing 245 Letter addressed to Judge Cote from Defendants (Richard H. Klapper) dated 2/13/13 re: GSEs' due diligence policies. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (al)
February 13, 2013 Opinion or Order Filing 244 ORDER: In a series of letters beginning February 1, the parties raised several issues related to discovery in this litigation and requested a conference. A conference was held on February 7, but certain issues remained outstanding at its conclusion. It is hereby ORDERED that a conference will be held to address these issues on Thursday, February 14 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York., ( Status Conference set for 2/14/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/13/2013) (lmb)
February 13, 2013 Filing 242 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re: Scheduling order for unstipulated loans in UBS. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (al)
February 12, 2013 Filing 243 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re: Scheduling order for unstipulated loans in Merrill Lynch. (Attachments: #1 Text of Proposed Order) (al)
February 12, 2013 Filing 241 Letter addressed to Judge Cote from FHFA (Christine H. Chung and Michael Hanin) dated 2/12/13 re: Status update re due diligence loans. (al)
February 12, 2013 Filing 240 Letter addressed to Judge Cote from FHFA dated 2/12/13 re: Tranche 3 and 4 expert schedule. (Attachments: #1 Exhibit)(al)
February 12, 2013 Filing 239 Letter addressed to Judge Cote from Tranche 3 and 4 Defendants (David J. Woll) dated 2/12/13 re: Proposed expert scheduling order. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(al)
February 12, 2013 Filing 238 Letter addressed to Judge Cote from Goldman Sachs (Richard H. Klapper) dated 2/12/13 re: FHFA's request of 2/1 that Goldman be ordered to compile data. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(al)
February 12, 2013 Filing 237 Letter addressed to Judges Cote and Thompson from FHFA dated 2/1/13 re: Expert scheduling in Tranche 3 and 4 cases. (Attachments: #1 Exhibit, #2 Exhibit)(al)
February 12, 2013 Filing 236 Letter addressed to Judge Cote from UBS (Robert A. Fumerton) dated 2/6/13 re: FHFA's letter of 2/1 re due diligence. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(al)
February 12, 2013 Filing 235 Letter addressed to Judge Cote from UBS (Penny Shane) dated 2/6/13 re: Deficiencies in FHFA's production of documents from Freddie Mac. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(al)
February 12, 2013 Filing 234 Letter addressed to Judge Cote from FHFA dated 2/6/13 re: Loss causation documents. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(al)
February 12, 2013 Filing 233 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/6/13 re: FHFA's letter of 2/1 re due diligence. (al)
February 12, 2013 Filing 232 Letter addressed to Judge Cote from UBS (Robert A. Fumerton) dated 2/6/13 re: Status of reunderwriting. (Attachments: #1 Text of Proposed Order)(al)
February 12, 2013 Filing 231 Letter addressed to Judge Cote from FHFA (Sascha N. Rand) dated 2/6/13 re: UBS defendants' request for extension. (gr)
February 12, 2013 Filing 230 Letter addressed to Judge Cote from Defendants (Penny Shane et al.) dated 2/6/13 re: Letter from Ally of 2/5 re FHFA's production. (Attachments: #1 Exhibit)(al)
February 12, 2013 Filing 229 Letter addressed to Judge Cote from Counsel for FHFA dated 2/6/13 re: Defendants' letter of 2/4/13 re due diligence. (al)
February 12, 2013 Filing 228 Letter addressed to Judge Cote from FHFA (Kanchana Wangkeo Leung) dated 2/6/13 re: Letter from Ally of 2/5/13. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(al)
February 12, 2013 Filing 227 Letter addressed to Judge Cote from Ally (Robert J. Kopecky) dated 2/5/13 re: FHFA's response to interrogatories. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(al)
February 12, 2013 Filing 226 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) and JPMorgan Chase (Penny Shane) dated 2/1/13 re: Status report re matching in JPMorgan Chase. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (abl)
February 12, 2013 Filing 225 Letter addressed to Judge Cote from Merrill Lynch (Ryan Scarborough) dated 2/5/13 re: Status update re loan file and guideline matching. (abl)
February 12, 2013 Filing 224 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/1/13 re: Loan file matching in UBS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit) (abl)
February 7, 2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/7/2013. (Court Reporter Carol Ganley) (gr)
February 6, 2013 Filing 223 SEALED DOCUMENT placed in vault.(mps)
February 5, 2013 Opinion or Order Filing 222 ORDER It is hereby ORDERED that a conference will be held to address the issues raised in these letters and any outstanding discovery issues on Thursday, February 7, at 9:30 AM (Signed by Judge Denise L. Cote on 2/5/13) (abl)
February 5, 2013 Filing 221 Letter addressed to Judge Cote from Richard A. Klapper dated 2/4/13 re: FHFA's production of documents relating to causation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (al)
February 5, 2013 Filing 220 Letter addressed to Judge Cote from Richard H. Klapper dated 2/4/13 re: FHFA's production of documents relating to the GSEs' purchases of loans. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (al)
February 5, 2013 Filing 219 Letter addressed to Judge Cote from Robert A. Fumerton dated 2/4/13 re: Responding to statements in FHFA's letter of February 1, 2013. Document filed by UBS Americas Inc. (al)
February 5, 2013 Filing 218 Letter addressed to Judge Cote from Christine H. Chung and Kanchana Wangkeo Leung dated 2/1/13 re: Discovery relating to third party due diligence. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit, #2 Exhibit)(al)
February 5, 2013 Filing 217 Letter addressed to Judge Cote from David J. Woll dated 2/1/13 re: Expert scheduling for Tranche 3 and 4 cases. Document filed by Deutche Bank AG.(Attachments: #1 Text of Proposed Order) (al)
February 5, 2013 Filing 216 Letter addressed to Judge Cote from Manisha M. Seth dated 2/1/13 re: Loan file matching in Merrill Lynch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(al)
February 5, 2013 Filing 215 Letter addressed to Judge Cote from Robert A. Fumerton dated 2/1/13 re: Status update on efforts to identify documents and underwriting guidelines relating to loan files in FHFA's proposed sample. (al)
February 5, 2013 Filing 214 Letter addressed to Judge Cote from Ryan Scarborough dated 2/1/13 re: Status of Merrill Lynch's efforts to identify and stipulate to loan files and underwriting guidelines applicable to FHFA's sample. (al)
February 4, 2013 Opinion or Order Filing 213 AMENDED STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, as follows: 1. This Stipulation shall apply only to the service of Documents between the undersigned parties/attorneys, and not to their filing. Documents filed using the ECF system need not be separately emailed, subject to paragraph 4 of this Stipulation. "Document" shall be interpreted to include any exhibits or attachments to the document and shall include pleadings, correspondence, and discovery-related documents. 2. Plaintiff and Defendants agree that service may be effected on the relevant party by sending the Documents to all of the e-mail addresses for the relevant party listed in Exhibit A. 3. A Document served by e-mail that a party/attorney is required to sign may include the party's/attorney's actual signature or a signature block with the name of the signatory accompanied by "s/" or "/s/." 4. Documents filed under seal or Documents too large to be filed through the ECF system should be served via e-mail. 5. To the extent that a Document is too large to be delivered by email, the Document shall be served in hard copy or on electronic media via FedEx, overnight delivery, or hand delivery, with simultaneous e-mail notification of service by these other means. 6. Service effected pursuant to this Stipulation shall satisfy the requirements of Federal Rule of Civil Procedure 5(b)(2)(E). Federal Rule of Civil Procedure 6(d) shall not apply to service effected under Rule 5(b)(2)(E) pursuant to this Stipulation. ENDORSEMENT: So ordered. (Signed by Judge Denise L. Cote on 2/4/2013) (rjm)
January 16, 2013 Filing 212 Letter addressed to Judge Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated 1/15/13 re: correcting a statement in FHFA's January 10, 2013 letter to the Court. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (abl)
January 16, 2013 Filing 211 Letter addressed to Judge Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated 1/10/13 re: Discovery of documents relating to the GSEs' single family businesses. Document filed by The Federal Housing Finance Agency. (abl)
January 11, 2013 Opinion or Order Filing 210 FIRST AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 1/11/2013) (djc)
January 11, 2013 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 1/11/2013. (rjm)
January 11, 2013 Filing 209 ANSWER to #56 Amended Complaint,,. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
January 10, 2013 Opinion or Order Filing 208 STIPULATION AND ORDER REGARDING PLAINTIFFS VIRGINIA SECURITIES ACT CLAIMS: Now, therefore, It is hereby ordered that Plaintiff's claims under section 13.1.522(A)(ii) of the VSA are dismissed as to the defendants identified in Column 2 of the attached chart and Plaintiff's derivative control-person claims under Section 13.1-522(c) of the VSA are dismissed as to the individual defendants identified in Column 3 of the attached chart. So Ordered (Signed by Judge Denise L. Cote on 1/8/2013) (js)
January 7, 2013 Filing 207 NOTICE OF APPEARANCE by Drew J.M Bradylyons on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Bradylyons, Drew)
December 22, 2012 Filing 206 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung on behalf of the plaintiff dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr)
December 22, 2012 Filing 205 Letter addressed to Judge Cote from Edward Bennett on behalf of Bank of America and Merrill Lynch defendants dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr)
December 22, 2012 Filing 204 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for the plaintiff dated 12/14/12 re: defendants' request for GSE compensation data. (gr)
December 22, 2012 Filing 203 Letter addressed to Judge Cote from Richard Klapper for all defendants dated 12/13/2012 re: defendants' request for GSE compensation data. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(gr)
December 22, 2012 Filing 202 Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: disputes regarding plaintiff''s document discovery requests. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr)
December 22, 2012 Filing 201 Letter addressed to Judge Cote from Edward Bennett on behalf of defendants dated 12/13/12 re: FHFA's proposed revisions to deposition protocol. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4A, #5 Exhibit 4B)(gr)
December 22, 2012 Filing 200 Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: revision to deposition protocol. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(gr)
December 22, 2012 Filing 199 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/17/12 re: supplemental information in support of defendants' second request for non-PLS documents. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(gr)
December 22, 2012 Filing 198 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for FHFA dated 12/14/12 re: defendants' second set of requests for non-PLS documents. (gr)
December 22, 2012 Filing 197 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/12/12 re: defendants' second set of requests for non-PLS documents. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(gr)
December 22, 2012 Filing 196 Letter addressed to Judge Cote from Edward Bennett dated 12/17/12 re: source metadata. (gr)
December 22, 2012 Filing 195 Letter addressed to Judge Cote from Philippe Selendy et al. for the plaintiff dated 12/12/12 re: source metadata. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr)
December 22, 2012 Filing 194 Letter addressed to Judge Cote from Edward Bennett for defendants dated 12/7/12 re: source metadata. (gr)
December 22, 2012 Filing 193 Letter addressed to Judge Cote from N. Mahmood Ahmad for defendants dated 12/13/12 re: documents bearing on defendants' discovery requests related to GSE originator audits. (gr)
December 22, 2012 Filing 192 Letter addressed to Judge Cote from Christine Chung and Manisha Sheth for the plaintiff dated 12/13/12 re: GSE originator audits. (gr)
December 22, 2012 Filing 191 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE originator audits. (gr)
December 22, 2012 Filing 190 Letter addressed to Judge Cote from Richard Schirtzer dated 12/13/12 re: GSE automated underwriting programs. (gr)
December 22, 2012 Filing 189 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE automated underwriting programs. (gr)
December 22, 2012 Filing 188 Letter addressed to Judge Cote from Penny Shane dated 12/14/12 re: submission of defendants in further support of 12/7/12 discovery requests. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr)
December 22, 2012 Filing 187 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung dated 12/13/12 re: plaintiff's response to defendants' 12/7/12 discovery requests. (gr)
December 22, 2012 Filing 186 Letter addressed to Judge Cote from Penny Shane dated 12/13/12 re: Supplemental exhibits in support of defendants' 12_7_12 discovery application. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit)(gr)
December 22, 2012 Filing 185 Letter addressed to Judge Cote from Penny Shane dated 12/7/2012 re: Defendants' single-family discovery requests. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(gr)
December 20, 2012 Filing 184 Letter addressed to Hon. Denise Cote from Steven M. Cady dated 11/27/2012 re: writing to provide the Court an update on Plaintiff's and Defendants' joint efforts to secure loan files and underwriting guidelines relating to loans in Plaintiffs' sample. (Attachments: #1 Exhibit Letter to Credit Rating Agency, #2 Exhibit Letter to Due Deligence Firm)(gr)
December 17, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference held on 12/17/2012. (Court Reporters Sonia Huggins and Carol Ganley) (gr)
December 15, 2012 Opinion or Order Filing 183 ORDER Corrected Order Regarding Deposition Protocol (Signed by Judge Denise L. Cote on 12/15/12) (SAH)
December 14, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 12/14/2012. (Court Reporters Denise Williams and Toni Stanley) (gr)
December 12, 2012 Opinion or Order Filing 182 ORDER: These cases having been referred to me to oversee settlementdiscussions, it is hereby ORDERED that a conference will be held toaddress the framework for these settlement discussions on Friday,January 11, 2013, at 2:00 PM in Courtroom 18D, United StatesCourthouse, 500 Pearl Street, New York, New York. ( Settlement Conference set for 1/11/2013 at 02:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 12/12/2012) (ago)
December 10, 2012 Opinion or Order Filing 181 ORDER It is hereby ORDERED that a conference will be held to address the issues raised in defendants' December 7 letters and any outstanding discovery issues on Friday, December 14 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that no later than 10:00 AM on Thursday, December 13, defendants may submit any underlying documents that support their applications and the plaintiff shall submit its responsive letters and any supporting materials. Any submissions must comply with Rule 2C of this Courts Individual Rules of Practice in Civil Cases. (Signed by Judge Denise L. Cote on 12/10/12) (SAH)
December 7, 2012 Filing 180 Submission addressed to Judge Cote from all defendants dated 11/19/12 re: schedule for loan file re-underwriting and expert discovery. (Attachments: #1 Text of Proposed Order)(gr)
December 7, 2012 Filing 179 Letter addressed to Judge Cote from FHFA dated 11/19/12 re: schedule for re-underwriting and expert discovery. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr)
December 7, 2012 Filing 178 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/12 re: plaintiff's production of documents. (gr)
December 7, 2012 Filing 177 Letter addressed to Judge Denise Cote from FHFA dated 11/19/12 re: status of discovery. (Attachments: #1 Exhibit)(gr)
December 7, 2012 Filing 176 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/2012 re: defendants' proposals regarding deposition protocol. (gr)
December 7, 2012 Filing 175 Letter addressed to Judge Denise Cote from Philippe Selendy and others dated 11/19/2012 re: plaintiff's submission regarding deposition protocol. (Attachments: #1 Exhibit)(gr)
December 7, 2012 Filing 174 Letter addressed to Judge Denise Cote from all parties dated 11/19/12 Joint submission re deposition protocol. (Attachments: #1 Text of Proposed Order)(gr)
December 3, 2012 Opinion or Order Filing 173 STIPULATION AND SCHEDULING ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties: The time for each Defendant to answer or respond to the operative Complaint, to the extent not dismissed, in each respective action shall be extended by thirty (30) days beyond the time otherwise applicable under the Federal Rules of Civil Procedure. (Signed by Judge Denise L. Cote on 12/3/2012) (rjm)
December 3, 2012 Opinion or Order Filing 172 OPINION & ORDER: The above captioned actions are part of a suite of sixteen cases currently before this Court in which the Federal Housing Finance Agency ("FHFA" or "the Agency"), as conservator for Fannie Mae and Freddie Mac (together, the "Government Sponsored Enterprises" or "GSEs"), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007. This Opinion addresses a joint motion by all defendants in fifteen actions to challenge the plaintiff's sampling methodology on the basis of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Accordingly, defendants' motion is denied. Defendants' October 26 motion to exclude is denied. (See Opinion & Order) (Signed by Judge Denise L. Cote on 12/3/2012) (ja)
November 28, 2012 Opinion or Order Filing 171 ORDER denying #80 Motion to Dismiss. Accordingly, it is hereby ORDERED that defendants' August 17 motion to dismiss is denied. SO ORDERED.(Signed by Judge Denise L. Cote on 11/28/2012) (ama)
November 28, 2012 Opinion or Order Filing 170 ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants"). During the November 15, 2012 Conference in the SDNY Actions, and as previously indicated by the Court in the SDNY Actions in its May 15, 2012 order and at the June 13, 2012 hearing, the Court provided as follows with respect to oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), to be taken in the Actions as set forth herein. (Signed by Judge Denise L. Cote on 11/27/2012) (djc)
November 27, 2012 Opinion or Order Filing 169 MEMORANDUM Attached to this Memorandum are blackline comparisons of the Courts November 26 Expert Scheduling Order with the parties respective submissions of November 19. These comparisons are provided as a courtesy to the parties and carry no controlling weight. Any issue related to the schedule or procedures for expert discovery in these cases is governed by the signed Order of November 26. (Signed by Judge Denise L. Cote on 11/27/12) (SAH)
November 26, 2012 Opinion or Order Filing 168 REVISED PRETRIAL SCHEDULING ORDER. The attached consolidated schedule shall govern the further conduct of pretrial proceedings in these cases. (Signed by Judge Denise L. Cote on 11/26/12) (SAH)
November 26, 2012 Opinion or Order Filing 167 ORDER regarding the schedule for expert discovery. (Signed by Judge Denise L. Cote on 11/26/12) (SAH)
November 20, 2012 Filing 166 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(gr)
November 20, 2012 Filing 165 Letter addressed to Judge Denise Cote from Jay B. Kasner dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: #1 Exhibit A)(gr)
November 20, 2012 Filing 164 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: the status of discovery in FHFA Actions since Nov. 6, 2012. (Attachments: #1 Exhibit A, #2 Exhibit B)(gr)
November 20, 2012 Filing 163 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr)
November 20, 2012 Filing 162 Letter addressed to Judge Denise Cote from David Woll dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr)
November 20, 2012 Filing 161 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: schedule governing loan reunderwriting and expert discovery. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(gr)
November 20, 2012 Filing 160 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: proposed deposition protocol. (gr)
November 20, 2012 Filing 159 Defendants November 14 Submission On Expert Discovery And Deposition Protocol (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr)
November 19, 2012 Opinion or Order Filing 158 JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF LOAN TAPE INFORMATION TO NON-PARTIES. Plaintiff and Defendants, by and through their counsel of record hereby agree that Plaintiff shall establish and maintain an FTP site through which each Loan File Custodian will have access to the information as further specified in this stipulation and order primarily derived from loan tapes produced by Defendants for loans at issue in the Actions: (i) the entity that originated the loan or possesses the loan files; (ii) the Action in which the loan is at issue; (iii) the securitization that includes the loan; (iv) the loan number(s) for the loan; (v) the origination date for the loan; and (vi) the state where the mortgaged property is located. This information is publicly available, generally known, and not confidential or sensitive ("Non-Confidential Loan Tape Information"), and as further set forth herein. (Signed by Judge Denise L. Cote on 11/19/2012) (rjm)
November 16, 2012 Filing 157 DECLARATION of Arnold Barnett, PH.D. in Support re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1.)(Conlon, John)
November 16, 2012 Filing 156 DECLARATION of Lauren A. Moskowitz in Support re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3.)(Conlon, John)
November 16, 2012 Filing 155 REPLY MEMORANDUM OF LAW in Support re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Conlon, John)
November 16, 2012 Filing 154 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: Fannie Mae custodians. (gr)
November 16, 2012 Filing 153 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: schedule for reunderwriting reports in non-UBS cases. (gr)
November 16, 2012 Filing 152 STATUS REPORT of defendants regarding new and pending applications. (Certain exhibits filed under seal.) (Attachments: #1 Declaration of Penny Shane, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit)(gr)
November 16, 2012 Filing 151 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others on behalf of plaintiff Federal Housing Finance Agency dated 11/5/12 re: defendants' proposed motion to compel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(gr)
November 16, 2012 Filing 150 Letter addressed to Judge Denise Cote from Penny Shane dated 11/5/12 re: Proposed motion to compel. (Attachments: #1 Proposed motion, #2 Memorandum in support, #3 Declaration of Penny Shane)(gr)
November 15, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 11/15/2012. (Court Reporter Bridgett Lombardozzi) (gr)
November 14, 2012 Filing 149 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: the status of the parties meet-and-confer sessions since October 15, 2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(gr)
November 14, 2012 Filing 148 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: FHFA search terms and dates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr)
November 14, 2012 Filing 147 Letter addressed to Judge Denise Cote from Edward Bennett dated 10/26/12 re: FHFA search terms and dates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(gr)
November 12, 2012 Opinion or Order Filing 146 MEMORANDUM OPINION & ORDER denying discovery of privileged witness statements. (Signed by Judge Denise L. Cote on 11/9/12) (gr)
November 12, 2012 Filing 145 Letter addressed to Judge Denise Cote from Jon Corey dated 11/8/12 re: privileged witness interviews. Document filed by Federal Housing Finance Agency as Conservator For The Federal National Mortgage Association and The Federal Home Loan Mortgage Corporation.(gr)
November 12, 2012 Filing 144 Letter addressed to Judge Denise Cote from Amanda Davidoff dated 11/8/12 re: privileged witness interviews. Document filed by All Defendants. (Attachments: #1 Exhibit Filed under seal, #2 Exhibit)(gr)
November 12, 2012 Filing 143 Letter addressed to Judge Denise Cote from Jon Corey dated 11/6/12 re: privileged witness interviews. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(gr)
November 9, 2012 Filing 142 DECLARATION of Charles D. Cowan, Ph.D. in Opposition re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by Federal Housing Finance Agency. (Abensohn, Adam)
November 9, 2012 Filing 141 DECLARATION of Nicholas F. Joseph in Opposition re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by Federal Housing Finance Agency. (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)(Abensohn, Adam)
November 9, 2012 Filing 140 MEMORANDUM OF LAW in Opposition re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by Federal Housing Finance Agency. (Abensohn, Adam)
November 9, 2012 Filing 139 DECLARATION of Jennifer M. Rosa in Support re: #80 MOTION to Dismiss.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A (Part 1 of 2), #2 Exhibit A (Part 2 of 2))(Conlon, John)
November 9, 2012 Filing 138 REPLY MEMORANDUM OF LAW in Support re: #80 MOTION to Dismiss.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Conlon, John)
November 9, 2012 Filing 137 Letter addressed to Judge Cote from Reginald R. Goeke dated 10/29/2012 re: response to the October 26, 2012 letter from FHFA. Document filed by Ally Financial Inc., GMAC Mortgage Group, Inc.(gr)
November 9, 2012 Filing 136 Letter addressed to Judge Cote from Kanchana Wangkeo Leung dated 10/26/2012 re: Request for appropriate relief against defendants AFL and GMACM. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (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)(gr)
November 9, 2012 Filing 135 Letter addressed to Judge Cote from Philippe Selendy dated 11/5/2012 re: discovery disputes. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(gr)
November 9, 2012 Filing 134 Letter addressed to Judge Denise Cote from Steven M. Cady dated 11/8/12 re: Bank of America subpoenas. Document filed by Bank of America Corporation.(gr)
November 9, 2012 Filing 133 Letter addressed to Judge Denise Cote from Christine H. Chung dated 11/8/12 re: Bank of America subpoenas. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (gr)
November 9, 2012 Filing 132 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/5/12 re: Bank of America subpoenas. Document filed by Bank of America Corporation. (gr)
November 9, 2012 Filing 131 Letter addressed to Judge Denise Cote from Christine Chung dated 10/28/12 re: Bank of America subpoenas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(gr)
November 9, 2012 Opinion or Order Filing 130 ORDER It is hereby ORDERED that FHFAs October 28 application is granted. The Bank of America defendants shall forthwith withdraw the subpoenas served on the SEC and Zuckerman Spaeder, LLP. (Signed by Judge Denise L. Cote on 11/9/12)(SAH)
November 6, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference held on 11/6/2012. (Court Reporter Paula Speer) (gr)
November 6, 2012 Opinion or Order Filing 129 JOINT STIPULATION AND ORDER Concerning Modification of Defendants' Rule 45 Subpoenas Duces Tecum of Non-Party Originators. (Signed by Judge Denise L. Cote on 11/6/12) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (SAH)
November 5, 2012 Opinion or Order Filing 128 JOINT ORDER regarding coordination with FHFA v. RBS, 3:11-cv-01383-AWT (D. Conn.) (Signed by Judge Denise L. Cote on 11/5/12, nunc pro tunc to 11/1/12) (SAH)
November 5, 2012 Opinion or Order Filing 127 SCHEDULING ORDER: It is hereby ORDERED that the conference will not be held over the telephone but will instead take place in-person tomorrow, November 6, at 2:00 PM in Courtroom 15B of the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 11/5/12)(SAH)
October 26, 2012 Filing 126 DECLARATION of Lauren A. Moskowitz in Support re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Conlon, John)
October 26, 2012 Filing 125 DECLARATION of Arnold Barnett, PH.D. in Support re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Conlon, John)
October 26, 2012 Filing 124 MEMORANDUM OF LAW in Support re: #123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D... Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Conlon, John)
October 26, 2012 Filing 123 MOTION to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, PH.D.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
October 19, 2012 Filing 122 DECLARATION of Jordan Goldstein in Opposition re: #80 MOTION to Dismiss.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Abensohn, Adam)
October 19, 2012 Filing 121 MEMORANDUM OF LAW in Opposition re: #80 MOTION to Dismiss.. Document filed by Federal Housing Finance Agency. (Abensohn, Adam)
October 19, 2012 Opinion or Order Filing 120 ORDER It is hereby ORDERED that the Court will hold a conference to address any outstanding discovery disputes at 10:30 AM on October 30, 2012 (the October 30 Conference).IT IS FURTHERED ORDERED that no later than 10:00 AM on October 29, the parties shall submit any materials they wish the Court to consider in advance of the October 30 Conference.IT IS FURTHER ORDERED that after reviewing any submissions, the parties shall confer and make a recommendation to the Court no later than 4:30 PM on October 29 whether the October 30 Conference should be conducted in-person or telephonically. (Signed by Judge Denise L. Cote on 10/19/12) (SAH)
October 19, 2012 Filing 119 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/18/2012 re: Counsel for plaintiff Federal Housing Finance Agency ("FHFA")writes that, Certain Defendants have pointed out that, while the parties continue to meet and confer, Defendants in fact have not yet agreed to produce all testimony and related exhibits from their lists of relevant investigations and litigations, as may be suggested by the FHFA status report submitted earlier today. FHFA hereby corrects its report accordingly, and advises that it may need to raise this issue again at the next status conference. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl)
October 18, 2012 Opinion or Order Filing 118 ORDER As discussed at a conference with the parties on October 15, it is hereby ORDERED that no later than noon on Monday, October 22, the plaintiff and RBS shall jointly submit to this Court and the District Court in Connecticut a proposed coordination order that clearly indicates any areas of disagreement between the parties. (Signed by Judge Denise L. Cote on 10/18/12)(SAH)
October 18, 2012 Opinion or Order Filing 117 SCHEDULING ORDER: Motion for Summary Judgment in 11 Civ. 5201 due by 7/23/2013. Response due by 8/20/2013. Reply due by 8/30/2013. (Signed by Judge Denise L. Cote on 10/18/12)(SAH)
October 18, 2012 Opinion or Order Filing 116 ORDER It is hereby ORDERED that any defendant that intends to challenge the admissibility of the October 10 Report pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), shall so notify the plaintiff no later than October 19. IT IS FURTHER ORDERED that the following schedule shall govern the briefing of any motion to exclude the October 10 Report on Daubert grounds: Motion served by October 26, 2012. Opposition served by November 9, 2012. Reply served by November 16, 2012. IT IS FURTHER ORDERED that any defendant that fails to file a motion in accordance with the schedule provided by this Order will be deemed to have waived any Daubert objection that might fairly be asserted in response to the information contained in the October 10 report. (Signed by Judge Denise L. Cote on 10/18/12) (SAH)
October 18, 2012 Filing 115 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, Michael Hanin dated 10/18/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) in accordance with the Court's directive at the conference held on Monday, October 15, 2012, to submit this report regarding the meet-and-confer sessions held this week in the FHFA Actions. (rjm)
October 15, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Conference held on 10/15/2012 to address discovery disputes. (Court Reporter Paula Speer) (gr)
October 15, 2012 Filing 114 STATUS REPORT. PLAINTIFF FHFA'S STATUS REPORT ON THIRD PARTY SUBPOENAS Document filed by Federal Housing Finance Agency.(Abensohn, Adam)
October 15, 2012 Filing 113 Letter addressed to Judge Denise L. Cote from Adam M. Abensohn dated 10/15/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, regarding coordination of discovery in FHFA v. Royal Bank of Scotland PLC, et al., No. 3:11-cv-01383 (AWT), pending before Chief Judge Thompson in the District of Connecticut (the "RBS Action"), and the 16 FHFA actions pending before Judge Cote in the Southern District of New York (the "S.D.N.Y. Actions"). Document filed by The Federal Home Loan Mortgage Corporation.(ama)
October 15, 2012 Filing 112 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/15/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to request that the Court set a briefing schedule for any objections by Defendants (other than UBS) to the Expert Report of Charles D. Cowan, Ph.D. Regarding the Selection of Statistically Valid Random Samples for Fifteen FHFA Actions (the Second Cowan Report), which FHFA served on the relevant Defendants on October 10, 2012. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(ama)
October 15, 2012 Filing 111 STATUS REPORT. Defendants' Report on Loan File Production. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation.(Ware, Michael)
October 15, 2012 Filing 110 STATUS REPORT. HSBC's Status Report Regarding its Production of Loan Files. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation.(Ware, Michael)
October 12, 2012 Filing 109 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: On behalf of defendants in the above-referenced actions (Defendants), we write to request that the Court's Order dated October 11, 2012 (the October 11 Order) be made to apply to all parties, rather than to Defendants alone. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, Ace Securities Corp., Ally Financial Inc., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., GMAC Mortgage Group, Inc., HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, John Voigtman, Todd White, Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt, Arnaud Denis, Deutsche Bank Securities Inc., Abner Figueroa, Orlando Figueroa, J.P. Morgan Securities LLC, SG Americas Securities Holdings, LLC, SG Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage Securities, LLC, Tony Tusi, First Franklin Financial Corp., Donald C. Han, Michael M. McGovern, Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Paul Park, Donald J. Puglisi, Brian T. Sullivan, Matthew Whalen, Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc., Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills, Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael Wade, Gerald L. Baker, Charles G. Burkett, Credit Suisse Securities (USA) LLC, FTN Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon National Corporation, First Tennessee Bank National Association, J.P. Morgan Securities, LLC, Peter F. Makowiecki, Merrill Lynch, Pierce Fenner & Smith Inc., UBS Securities LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Douglas K. Johnson, Juliana C. Johnson, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P. Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A. Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc., David Findlay, Nathan Gorin, N. Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit & Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura Securities International, Inc., Ally Securities, LLC, Citigroup Global Markets, Inc., GMAC-RFC Holding Company, LLC, Goldman, Sachs & Co., J.P. Morgan Securities LLC, Residential Accredit Loans, Inc., Residential Asset Mortgage Products, Inc., Residential Asset Securities Corporation, Residential Capital LLC, Residential Funding Company, LLC, UBS Securities LLC, Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Citigroup Global Markets, Inc., Christine E. Cole, Megan M. Davidson, Craig S. Davis, Art Den Heyer, Marangal I. Domingo, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, Troy A. Gotschall, Thomas Green, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith Johnson, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke, Alexander C. Frank, Howard Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital Holdings LLC, Craig S. Phillips, Saxon Asset Securities Company, Saxon Capital, Inc., Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.(ama)
October 12, 2012 Filing 108 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/12/2012 re: On behalf of the UBS Defendants in the above-referenced action, we write to correct a misrepresentation contained in Plaintiff's letter sent to the Court earlier today. Document filed by UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, UBS Securities LLC, UBS Securities LLC.(ama)
October 12, 2012 Filing 107 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/12/2012 re: We write on behalf of Plaintiff the Federal Housing Finance Agency (FHFA) in response to Defendants letter of yesterday, in which they ask this Court to apply its October 11 Order to FHFA. Document filed by Federal Housing Finance Agency.(ama)
October 11, 2012 Filing 106 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: Counsel writes on behalf of defendants in the twelve above- referenced actions ("Defendants"), we write in response to Plaintiffs letter dated October 9, 2012, seeking permission to brief "discovery issues on which FHFA and Defendants have reached or may reach an impasse," including two that are currently the subject of the parties' ongoing meet-and- confers: (1) electronic search terms and the specific time periods for which they would be applied; and (2) production of documents relating to other RMBS actions and investigations. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, Kevin Gasvoda, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp. et al.(pl)
October 11, 2012 Filing 105 Letter addressed to Judge Denise L. Cote from Beth A. Stewart dated 10/11/2012 re: Counsel for defendants writes on behalf of all defendants in response to FHFA's October 9, 2012 letter ("FHFA Ltr.") seeking a Rule 26(c) protective order precluding and a Rule 45 Order modifying, subpoenas served by Defendants o third-parties.. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks.(pl)
October 11, 2012 Filing 104 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, et al. dated 10/9/2012 re: Counsel for plaintiff to request an order that Defendants, who have served more than 550 subpoenas requesting loan files and other relevant materials, withdraw their demands that the subpoenaed parties also produce irrelevant documents pertaining to the single-family and multi-family businesses of the GSEs, including whole loan purchases and GSE securitizations. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl)
October 11, 2012 Filing 103 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: Counsel for defendants write in response to FHFA's letter dated October 9, 2012, regarding "Loan File Production." Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc..(pl)
October 11, 2012 Filing 102 Letter addressed to Judge Denise L. Cote from counsel for Federal Housintg dated 10/9/2012 re: Loan File Production. counsel for plaintiff writes to respectfully request an order directing: (1) Defendants to identify the loan numbers for the loans that Defendants or their vendors reviewed as part of the due diligence they conducted when structuring the Securitizations (the "Due Diligence Samples") by October 15, 2012. Additional relief requested in the manner that is set forth in this Order. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl)
October 11, 2012 Opinion or Order Filing 101 IT IS HEREBY ORDERED that the telephone conference scheduled for October 11 is cancelled. IT IS FURTHER ORDERED that a conference to address the issues raised in the three sets of letters will be held on Monday, October 15 at 2:30 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the parties shall meet and confer regarding each of the issues raised in the letters prior to the October 15 conference. IT IS FURTHER ORDERED that no later than 10:00 AM on October 15, defendants shall e-mail to the Court and FHFA submissions as described herein. (Signed by Judge Denise L. Cote on 10/11/12)(SAH)
October 11, 2012 Filing 100 NOTICE of Expert Report Of Charles D. Cowan, Ph.D. Regarding The Selection Of Statistically Valid Random Samples Of Mortgage Loans for Fifteen FHFA Actions. Document filed by Federal Housing Finance Agency. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3 (part 1), #9 Exhibit 3 (part 2), #10 Exhibit 4)(Selendy, Philippe)
October 10, 2012 Filing 99 ENDORSED LETTER addressed to Hon. Denise Cote from Plaintiff Federal Housing Finance Agency dated 10/10/12 re: Request to file a single opposition brief, not to exceed 95 pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/10/12)(SAH)
October 5, 2012 Opinion or Order Filing 98 ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED as follows: (1) Certain deadlines prescribed by the Scheduling Order shall be adjusted by 20 days (or the next business day thereafter), as follows: Status conference for all parties in all actions: November 15, 2012 at 2 p.m.; Depositions begin in all cases: January 22, 2013; All fact and expert discovery in the UBS Action must be completed: July 5, 2013; Deadline to file any summary judgment motions in the UBS Action: TBA; Opposition to summary judgment motions due in the UBS Action: TBA; Reply briefs in support of summary judgment motions due in the UBS Action: August 30, 2013. (2) All responses and objections to outstanding document requests shall be served by October 10, 2012; and (3) Plaintiff shall provide to Defendants its proposed sampling protocols for all actions for which it has not yet done so by October 10, 2012. ( Status Conference set for 11/15/2012 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/5/2012) (mro)
October 4, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/4/2012. (Court Reporter Rose Prater) (gr)
October 1, 2012 Opinion or Order Filing 97 SCHEDULING ORDER: On October 1, the Court of Appeals denied the motion of defendant UBS to stay proceedings in these coordinated cases pending resolution of UBSs appeal from this Courts May 4, 2012 Order. It is herebyORDERED that the June 14 Pretrial Scheduling Order is amended as follows: 10/11/12 -- Deadline for reply in Fraud Claim Cases; 10/19/12 -- Deadline for opposition in Non-Fraud Claim Cases; 11/9/12 -- Deadline for reply in Non-Fraud Claim Cases. (SAH)
September 4, 2012 Set/Reset Deadlines: Request for Production of Documents due by 9/30/2012. (pl)
September 4, 2012 Opinion or Order Filing 96 ORDER: In an Opinion and Order of May 4, 2012, this Court denied the motion of UBS Americas and its affiliated entities to dismiss on timeliness grounds plaintiff's securities law claims in case number 11 Civ. 5201 (DLC) (the "UBS Matter"). On June 19, the Court certified the timeliness issue for interlocutory appeal pursuant to 28 U.S.C. 1292(b) (the "Certification Order"), and the Court of Appeals granted leave to appeal on August 14. The appeal will be heard no earlier than November 26, 2012. In the meantime, pursuant to this Court's June 14 Pretrial Scheduling Order, document production in the above-captioned cases is required to be substantially complete on September 30, 2012. Depositions are to begin in all cases in January 2013, and all fact and expert discovery in the UBS Matter must be concluded by June 14, 2013. Trial in the UBS Matter is scheduled to begin on January 13, 2014 at 9:30 a.m. In a letter dated August 17, 2012, UBS seeks, for the first time, a stay of proceedings until the Court of Appeals has resolved the interlocutory appeal in the UBS Matter. The application is made on behalf of not only UBS but also all of the other defendants in the other fifteen related actions filed by the FHFA that are pending before this Court. Together, they seek a stay of all proceedings except for the briefing on the motions to dismiss in the fifteen related actions, or in the alternative, a stay of proceedings except for certain document discovery and the motions to dismiss. The defendants have not shown that their applications for a partial stay should be granted. To grant a stay at this point in the litigation would derail the efforts undertaken to date by the Court and the parties and severely impact opportunities for settlement or coordinated resolution of these cases. A stay of all sixteen actions is even less warranted. Accordingly, it is hereby ORDERED that the defendants' August 17 application for a stay pending appeal is denied. (Signed by Judge Denise L. Cote on 9/4/2012) (pl)
September 4, 2012 Opinion or Order Filing 95 ORDER: that the parties shall continue to meet and confer at least every two weeks regarding the status of loan-file production. IT IS FURTHER ORDERED that upon identifying any issue with regard to loan-file production that would benefit from the Court's attention, any party may raise that issue with the Court in a letter of no longer than two pages. (Signed by Judge Denise L. Cote on 9/4/2012) (pl)
August 31, 2012 Filing 94 STATUS REPORT. DEFENDANTS' COORDINATED REPORT ON LOAN FILE PRODUCTION Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Affidavit Declaration of Penny Shane, #2 Exhibit A, #3 Exhibit B)(Ware, Michael)
August 30, 2012 Filing 93 STATUS REPORT. FHFA Loan File Status Report Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schirtzer, Richard)
August 29, 2012 Filing 92 STATUS REPORT. HSBC'S SUPPLEMENTAL REPORT REGARDING THE PRODUCTION OF LOAN FILES Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Conlon, John)
August 28, 2012 Opinion or Order Filing 91 STIPULATION AND ORDER REGARDING DISMISSAL OF NORMAN CHALEFF: Chaleff is dismissed without prejudice from this Action, with each party bearing their own attorneys' fees and costs as to the Action. Norman Chaleff terminated. (Signed by Judge Denise L. Cote on 8/28/2012) (ft) Modified on 8/28/2012 (ft).
August 28, 2012 Filing 90 Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 8/14/2012 re: Counsel writes to request a conference at which Merrill Lynch will seek leave to file a motion for reconsideration. Document filed by Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.(ft)
August 28, 2012 Filing 89 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Michael Hanin dated 8/15/2012 re: Counsel writes on behalf of FHFA in response to Merrill Lynchs August 14 letter, which attempts to reargue the Courts determinations regarding its document demands directed at the GSEs Single and Multi-Family businesses. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(ft)
August 28, 2012 Filing 88 Letter addressed to Judge Denise L. Cote dated 8/15/2012 re: Counsel for the defendants write concerning the August 14, 2012 letter submitted by Merrill Lynch & Co. concerning its proposed Motion for Reconsideration. This letter was submitted by Penny Shane, Sharon L. Nelles, Jonathan M. Sedlak, Thomas C. Rice, David J. Woll, Alan C. Turner, David H. Braff, Brian T. Frawley, Jeffrey T. Scott, Joshua Fritsch, Richard W. Clary, Michael T. Reynolds, Richard H. Klapper, Theodore Edelman, Michael T. Tomaino, Jr., Richard A. Spehr, Michael O. Ware, Jay B. Kasner, Thomas J. Nolan, Scott Musoff, Robert A. Fumerton, James P. Rouhandeh, Brian S. Weinstein, Daniel L. Schwartz, Nicholas N. George, Jane M. Morril, Thomas C. Rice, David J. Woll, Alan Turner, Greg A. Danilow, Vernon Broderick, Brad S. Karp, Susanna M. Buergel, Bruce Clark, and George Zimmerman. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Arnaud Denis, Abner Figueroa, Orlando Figueroa, SG Americas Securities Holdings, LLC, SG Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage Securities, LLC, Tony Tusi, Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc., Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills, Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael Wade, Gerald L. Baker, Charles G. Burkett, FTN Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon National Corporation, First Tennessee Bank National Association, Peter F. Makowiecki, Thomas J. Wageman, Ace Securities Corp., DB Structured Products, Inc., Deutsche Bank AG, Deutsche Bank Securities Inc., Mortgageit Securities Corp., Taunus Corporation, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P. Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A. Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, David Findlay, Nathan Gorin, N. Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit & Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura Securities International, Inc., Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, Goldman, Sachs & Co., J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Alexander C. Frank, Howard Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital Holdings LLC, Craig S. Phillips, RBS Securities, Inc., Saxon Asset Securities Company, Saxon Capital, Inc., Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.(ft)
August 28, 2012 Filing 87 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael O. Ware dated 8/21/2012 re: Counsel requests pursuant to Local Civil R. 1.4 that the Court relieve the firm Boies, Schiller & Flexner LLP and individual attorneys Damien J. Marshall, Andrew Z. Michaelson, Edward J. Normand and Jonathan M. Shaw as counsel for the defendants; that the clerk be directed to terminate those attorneys' ECF noticing; and that Mr. Shaw's pro hac vice admission (DE 60) be terminated. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/28/2012) (jfe)
August 27, 2012 Filing 86 NOTICE OF APPEARANCE by Jill Caroline Barnhart on behalf of HSBC Bank USA. N.A. (Barnhart, Jill)
August 27, 2012 Filing 85 NOTICE OF APPEARANCE by Joshua Klein on behalf of HSBC Bank USA. N.A. (Klein, Joshua)
August 23, 2012 Filing 84 NOTICE OF APPEARANCE by Scott Kurtis McCulloch on behalf of Federal Housing Finance Agency (McCulloch, Scott)
August 23, 2012 Filing 83 NOTICE OF APPEARANCE by Eric Brendan Bruce on behalf of Federal Housing Finance Agency (Bruce, Eric)
August 17, 2012 Filing 82 MEMORANDUM OF LAW in Support re: #80 MOTION to Dismiss.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Ware, Michael)
August 17, 2012 Filing 81 DECLARATION of Allison J. Zolot in Support re: #80 MOTION to Dismiss.. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (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)(Ware, Michael)
August 17, 2012 Filing 80 MOTION to Dismiss. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
August 13, 2012 Filing 79 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/10/2012 re: We write on behalf of Defendants to address the three-page letter to the Court Plaintiff filed at 11:58 pm on August 9, concerning the effort to collect loan files from third parties. Because Plaintiff's midnight letter disregards this Court's two-page limit and the parties' practice of submitting to the Court simultaneously, and because it invites the Court to rule based on numerous inaccuracies, Defendants respectfully request that the Court consider the following facts as further set forth in this letter. Document filed by Norman Chaleff, Deutche Bank AG, Federal Housing Finance Agency, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(tro)
August 13, 2012 Filing 78 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/9/2012 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to the Court's direction that the parties provide a status update and proposed orders to facilitate the third party production of loan files and suggest ways of moving loan file production forward in the upcoming weeks. Document filed by Federal Housing Finance Agency.(tro)
August 13, 2012 Filing 77 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/9/2012 re: We write on behalf of Defendants in response to the Court's direction at the July 31, 2012 conference that the parties provide a status report and proposed orders with respect to loan file production by third parties. Document filed by Norman Chaleff, Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(lmb)
August 10, 2012 Opinion or Order Filing 76 ORDER governing Loan File discovery and party exchange of information. By noon on 8/29/12, the parties shall file reports comprehensively setting forth the status of production of all loan files. There will be a telephone conference to address any outstanding production issues on 8/30/12 at 3:00 PM.(Signed by Judge Denise L. Cote on 8/10/12)(SAH)
August 10, 2012 Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/31/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 10, 2012 Filing 74 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/31/2012 before Judge Denise L. Cote. 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 9/4/2012. Redacted Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012.(McGuirk, Kelly)
August 8, 2012 Filing 73 PLAINTIFFS JULY 30 AND JULY 31 SUBMISSION TO THE COURT REGARDING DOCUMENT RETENTION. That for the reasons that are set forth in this Order, FHFA respectfully requests that the Court reject defendants request for additional designees or for additional time on these topics. Document filed by Federal Housing Finance Agency, The Federal Home Loan Mortgage Corporation.(pl)
August 7, 2012 Filing 72 Letter addressed to Judge Denise L. Cote from David J. Woll dated 7/31/2012 re: Counsel for Defendants writes re: DEFENDANTS JULY 31 SUMMISSION REGARDING DOCUMENT RETENTION: Defendants respectfully submit this response to Plaintiff's July 30 letter concerning the Rule 30(b)(6) testimony on document retention issues provided by Plaintiff to date. That letter fails to answer the fundamental question whether Freddie Mac still possesses relevant emails for some or all of its document custodians or, instead, whether they have been permanently deleted as a result of a 30-day automatic deletion protocol (the "Protocol"). Plaintiff first disclosed the Protocol to Defendants the week of June 25, stating that (i) the Protocol was in place from 2004 to September 2008, (ii) pursuant to the Protocol all emails that employees did not affirmatively save were "overwritten" after 30 days, and (iii) any emails affirmatively saved by an employee would have been discarded if that employee left Freddie Mac prior to September 2008. Particularly given the inconsistencies that are set forth in this letter, Defendants take little comfort from Plaintiffs statement made for the first time yesterday that it "has significant amounts of electronic information, including e-mail, for the relevant time period" for 38 of the 51 Freddie Mac custodians it proposes. Plaintiff still has not informed Defendants whether large portions of potentially relevant emails have been destroyed or for which custodians and over what time periods such gaps may exist. Plaintiff claims that the recent addition of 43 custodians should "ameliorate any concern about missing electronic information," but that is hardly the case, since many ofthese are Fannie Mae custodians and Defendants do not know what, if any, electronic information exists for the additional Freddie Mac custodians. If Plaintiff needs more time to answer the question, then a timetable should be established. But Plaintiff should not be permitted to ignore repeated requests and narrowly parse deposition topics to avoid answering the question until the document discovery deadline has passed. Document filed by Norman Chaleff, Deutche Bank AG, HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(pl)
August 7, 2012 Filing 71 DEFENDANTS SUMMISSION FOR JULY 31, 2012 HEARING: Plaintiff has attempted to prevent discovery of relevant information, including through its refusal to testify about most topics in Defendants June 28 Rule 30(b)(6) notice (the Notice). Despite having agreed to early Rule 30(b)(6) depositions for the purpose of identifying appropriate ESI custodians (see June 7 Rule 26(f) Report at 6) and despite the absence of burden, Plaintiff indicated that it would seek a protective order rather than provide even the identities of certain individuals and the responsibility of groups other than the "private label" or "non-agency" departments of the GSEs (collectively, "PLS") with knowledge concerning, inter alia, the same loan originators (the "Originators") involved in the securitizations at issue (the "Securitizations"). Similarly, Plaintiff refuses to respond to Defendants Interrogatory No. 3, which seeks the identity of employees responsible for the GSEs direct relationships and dealings with the Originators. Accordingly, Defendants respectfully request that the Court compel Plaintiff to testify as to each of the topics contained on Defendants Notice; identify personnel responsible for dealings and relationships with Originators, in response to Interrogatory No. 3; and produce documents and information relating to GSE institutional knowledge. Document filed by Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Supplement Submission Part 2, #2 Supplement Submission Part 3)(pl)
August 7, 2012 Filing 70 PLAINTIFF'S JULY 30, 2012 SUBMISSION TO THE COURT REGARDING DEFENDANTS' CUSTODIAN REQUESTS: We write in response to Defendants demands for overly broad and irrelevant discovery untethered to the materials used by the GSE personnel actually responsible for entering into the transactions at issue. FHFA is producing all responsive, non-privileged documents to the extent they reflect the GSEs knowledge of facts regarding the specific Securitizations at issue, or relate to the purchase or evaluation of such Securitizations, and has designated every custodian who would likely have such documents. The Court should therefore reject Defendants overreaching demands. Document filed by Federal Housing Finance Agency.(pl)
July 31, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 7/31/2012. (Court Reporters Sonia Huggins and Tom Murray) (gr)
July 25, 2012 Filing 69 NOTICE OF APPEARANCE by Jennifer Marie Rosa on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Rosa, Jennifer)
July 25, 2012 Filing 68 NOTICE OF APPEARANCE by Allison Joan Zolot on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Zolot, Allison)
July 24, 2012 Opinion or Order Filing 67 ORDER: ORDERED that a conference will be held to address these and any other outstanding discovery issues on July 31, 2012 at 3:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 7/31/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/24/2012) (ama)
July 24, 2012 Filing 66 FILING ERROR - WRONG FILER SELECTED - NOTICE OF APPEARANCE by Allison Joan Zolot on behalf of HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, The Federal Home Loan Mortgage Corporation, John Voigtman, Todd White (Zolot, Allison) Modified on 7/25/2012 (lb).
July 24, 2012 Filing 65 FILING ERROR - WRONG FILER SELECTED - NOTICE OF APPEARANCE by Jennifer Marie Rosa on behalf of Ace Securities Corp., Ally Financial Inc., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., GMAC Mortgage Group, Inc., HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, The Federal Home Loan Mortgage Corporation, John Voigtman, Todd White (Rosa, Jennifer) Modified on 7/25/2012 (lb).
July 24, 2012 Filing 64 FILING ERROR - WRONG FILER SELECTED - NOTICE OF APPEARANCE by Allison Joan Zolot on behalf of Ace Securities Corp., Ally Financial Inc., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., GMAC Mortgage Group, Inc. (Zolot, Allison) Modified on 7/25/2012 (lb).
July 19, 2012 Filing 63 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Jay B. Kasner dated 7/18/2012 re: On behalf of all parties to the above-referenced Actions, and pursuant to Local Civil Rule 37.2 and Section 2(C) of this Court's Individual Practices, we write to (i) update the Court on a dispute the parties have over the proper scope of a Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff that was noticed by Defendants on June 28, 2012, and (ii) respectfully request that the Court enter an agreed-upon briefing schedule for Plaintiff's anticipated Motion for a Protective Order on this subject. (rjm) Modified on 7/20/2012 (rjm).
July 19, 2012 Opinion or Order Filing 62 ORDERED that the Court will hold a telephone conference to discuss these matters today, July 19, at 4:00 PM. Parties wishing to participate in the call should contact liaison counsel for the plaintiff or the defendants. (Telephone Conference set for 7/19/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/19/2012) (djc)
July 18, 2012 Opinion or Order Filing 61 STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, and as further provisions set forth in this order. (Signed by Judge Denise L. Cote on 7/18/2012) (rjm)
July 16, 2012 Opinion or Order Filing 60 ORDER granting #59 Motion for Jonathan M. Shaw to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/16/2012) (ama)
July 16, 2012 CASHIERS OFFICE REMARK on #59 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 07/13/2012, Receipt Number 1043603. (jd)
July 13, 2012 Filing 59 MOTION for Jonathan M. Shaw to Appear Pro Hac Vice. Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(pgu)
July 5, 2012 Filing 58 NOTICE OF APPEARANCE by Andrew Zenner Michaelson on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Michaelson, Andrew)
July 5, 2012 Filing 57 NOTICE OF APPEARANCE by Edward John Normand on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Normand, Edward)
June 28, 2012 Filing 56 AMENDED COMPLAINT amending #1 Complaint, against Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White with JURY DEMAND.Document filed by Federal Housing Finance Agency and Federal Home Loan Mortgage Corporation Related document: #1 Complaint, filed by Federal Housing Finance Agency. (Attachments: #1 Appendix)(djc) Modified on 7/3/2012 (djc). Modified on 7/3/2012 (djc).
June 26, 2012 Filing 55 NOTICE OF APPEARANCE by Damien Jerome Marshall on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Marshall, Damien)
June 22, 2012 Filing 54 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jay Kasner, Manisha Sheth, Adam Absensohn, Christine Chung and Michael Hanin dated 6/21/2012 re: Counsel writes on behalf of all parties to the above-captioned actions to update the Court on the parties' discussions regarding electronic discovery and to respectfully request a seven-day adjournment, from June 25, 2012 to July 2, 2012, of the date by which the parties must report any agreement or remaining disagreements to the Court. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/22/2012) (jfe)
June 14, 2012 Opinion or Order Filing 53 SCHEDULING ORDER: Plaintiff was required to have filed amended pleadings in the "Fraud Claim Casesn: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC}, 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC. Deadline to amend the pleadings in the "Non-Fraud Claim Cases": 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11 Civ. 6200 (DLC), 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ. 7048 (DLC). Any motion to dismiss in Fraud Claim Cases due by 7/13/12. Opposition due by 9/7/12. Any reply due by 9/28/12. Any motion to dismiss in Non-Fraud Claim Cases due by 8/17/2012. Opposition due by 10/5/12. Any reply due by 10/26/12. Document production in all cases must be substantially complete by 9/30/12. There will be a status conference for all parties in all actions at 10:30 a.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York on 11/9/12. Depositions begin in all cases by 1/2/13. All fact and expert discovery must be completed by 6/14/13. Deadline to file any summary judgment motion in UBS by 7/12/13. Opposition due by 8/9/13. Any reply due by 8/30/13. All fact and expert must be completed by 12/6/13. The Joint Pretrial Order must be filed in UBS by 12/6/13 in the manner that is set forth in this Order. Opposition to any motion in limine due by 12/13/13. Any reply due by 12/20/13. The trial in UBS will begin at 9:30 a.m. on 1/13/14. Deadline to file any summary judgment motion in cases other than UBS by 1/24/14. Opposition due by 3/21/14. Any reply due by 4/11/14. Joint Pretrial Orders must be filed in Tranche 2 cases: 11 Civ. 6188 ("Chase") and 11 Civ. 6202 ("Merrill") by 5/2/14. Opposition to any motion in limine due by 5/9/14. Any reply due by 5/16/14. Trials will begin in Chase and Merrill on 6/2/14. In the event Chase settles before trial, a Tranche 3 case will also go to trial on 6/2/14 or shortly thereafter. Joint Pretrial Orders must be filed in Tranche 3 cases: 11 Civ. 6192 ("Deutsche Bank"); 11 Civ. 6198 ("Goldman Sachs"); and 11 Civ. 6200 ("Credit Suisse") by 8/1/14. Opposition to any motion in limine due by 8/15/14. Any reply due by 8/22/14. Trials will begin in Deutsche Bank, Goldman Sachs and Credit Suisse by 9/29/14. Tranche 4 trials begin on 1/2015. Tranche 4 will contain all remaining cases that have not settled. Additional relief as set forth in this Order. (Signed by Judge Denise L. Cote on 6/14/2012) (pl) Modified on 6/15/2012 (pl).
June 14, 2012 Opinion or Order Filing 52 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Denise L. Cote on 6/14/2012) (pl)
June 14, 2012 Filing 51 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James C. Francis. Please note that this is a reassignment of the designation only. (pgu)
June 13, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 6/13/2012. (Court Reporters Linda Fisher and Toni Stanley) (gr)
June 13, 2012 Filing 50 STATUS REPORT. DEFENDANTS' SUPPLEMENTAL SUBMISSION REGARDING CERTAIN DEVELOPMENTS BEARING ON THE JUNE 6, 2012 RULE 26(f) JOINT REPORT Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Ally Financial Inc., GMAC Mortgage Group, Inc.. (Attachments: #1 Exhibit A)(Spehr, Richard)
June 7, 2012 Filing 49 DECLARATION of Christopher James re: #47 Status Report, Defendants Submission Regarding Sampling Protocols. Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Taunus Corporation, John Voigtman. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Exhibit 1, #5 Exhibit 2)(Spehr, Richard)
June 7, 2012 Filing 48 DECLARATION of Arnold Barnett re: #47 Status Report, Defendants Submission Regarding Sampling Protocols. Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1a - 1h, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Spehr, Richard)
June 7, 2012 Filing 47 STATUS REPORT. Defendants Submission Regarding Sampling Protocols Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1)(Spehr, Richard)
June 7, 2012 Filing 46 STATUS REPORT. Certain Defendants' Proposals for Case Management Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc., HSI Asset Securitization Corporation.(Spehr, Richard)
June 7, 2012 Filing 45 STATUS REPORT. Defendants' Submission Regarding Certain Matters Identified In The June 6, 2012 Rule 26(f) Joint Report Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc., HSI Asset Securitization Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Spehr, Richard)
June 7, 2012 Filing 44 STATUS REPORT. FHFA Supplemental Submission in Support of its Proposed Sampling Protocol. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schirtzer, Richard)
June 7, 2012 Filing 43 STATUS REPORT. Rule 26(f) Report. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1)(Schirtzer, Richard)
June 7, 2012 Filing 42 STATUS REPORT. Joint Rule 26(f) Report. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
May 30, 2012 Opinion or Order Filing 41 STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Denise L. Cote on 5/30/2012) (ama)
May 25, 2012 Opinion or Order Filing 40 ORDER: The plaintiff's proposed schedule is adopted. Amended pleading shall be filed in the following cases by June 13, 2012: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC), 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC). By June 28, 2012, plaintiff shall file amended pleadings in the remaining cases: 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11Civ. 6200 (DLC) 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ.7048 (DLC). A conference for all parties in all actions on June 13, 2012 at 3:00 p.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 6/13/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Sidney H. Stein on 5/25/2012) (jar)
May 25, 2012 Opinion or Order Filing 39 ORDER. It is hereby Ordered that Highly Confidential Material may be disclosed to an unlimited number of FHFA employees within one of the five FHFA divisions identified in the plaintiff's proposed protective order, provided that disclosure to such individuals is necessary for the prosecution of one or more of these actions, and as further set forth. (Signed by Judge Sidney H. Stein on 5/25/2012) (rjm)
May 25, 2012 Set/Reset Deadlines: Amended Pleadings due by 6/28/2012. (jar)
May 24, 2012 Filing 38 STATUS REPORT. PLAINTIFFS SUBMISSION REGARDING THE PROPOSED PROTECTIVE ORDER TO BE ENTERED IN THE ACTIONS Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schirtzer, Richard)
May 24, 2012 Filing 37 STATUS REPORT. -- Defendants' Request For Clarification Regarding The Court's Prior Rulings As To The Protective Order. Document filed by Ace Securities Corp., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ware, Michael)
May 18, 2012 Filing 36 STATUS REPORT. PLAINTIFFS PROPOSED SCHEDULE TO AMEND COMPLAINTS Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
May 15, 2012 Opinion or Order Filing 35 ORDER: that the defendants in 11 cv 5201 shall answer by 6/22/2012, see document for other deadlines and information. The finalized protective order shall be presented for approval of the Court by 5/25/2012. EACH CASE WILL BE SEPARATELY TRIED. The first tranche will include one case: 5201. The remaining cases will be divided among the three remaining tranches. Any summary judgment motion in 5201 will be fully submitted by May 17, 2013; its pretrial order will be due August 2, 2013. 5201 will be tried during the Fall of 2013. The pretrial orders for the remaining tranches will be filed December 6, 2013; May 2, 2014; and August 1, 2014. At a conference on either 6/13 or 14, a schedule for this litigation will be adopted. Accordingly, by 6/6/2012, the parties shall e-mail submissions tot he Court not exceeding 10 pages that contain their proposals for the scheduling and conduct of discovery in and trial of the 16 cases, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/15/2012) (cd)
May 14, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Scheduling Conference held on 5/14/2012. (Court Reporter Linda Fisher) (Landers, Rigoberto)
May 14, 2012 Opinion or Order Filing 34 ORDER: that, with respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: CoteNYSDChambersnysd.uscourts.gov. A copy shall simultaneously be delivered to all counsel. Thesubject line of the e-mail shall include only the lead party names and docket number. Example: FHFA -v- UBS 11 cv 5201 (DLC). No text should be included in the body of the e-mail. Copies of correspondence between counsel shall not be sent to the Court, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/14/2012) (cd)
May 10, 2012 Filing 33 NOTICE OF APPEARANCE by John Matthew Conlon on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Conlon, John)
May 9, 2012 Filing 32 NOTICE OF APPEARANCE by Reginald Raybern Goeke on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Goeke, Reginald)
May 8, 2012 Opinion or Order Filing 31 ORDER: that defendants in each of the above captioned cases shall promptly provide the plaintiff with the final closing loan tapes provided to Trustees and loan-level originator information for each of the securitizations at issue. IT IS FURTHER ORDERED that at the May 14 conference, defense counsel in case number 11 Civ. 5201 (DLC) should be prepared to outline what sampling protocol, if any, UBS Securities or its agents used in conducting a due-diligence review of the loans included in the securitizations for which it served as underwriter. (Signed by Judge Denise L. Cote on 5/8/2012) (tro)
May 7, 2012 Opinion or Order Filing 30 ORDER: In an Opinion and Order of May 4, 2012, the Court granted in part the UBS defendants' January 20 motion to dismiss the Second Amended Complaint in case number 11 Civ. 5201 (DLC). It is hereby ORDERED that there will be a conference for all parties in all actions on May 14, 2012 at 3:00p.m. ( Status Conference set for 5/14/2012 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2012) (pl)
April 27, 2012 Filing 29 STATUS REPORT. PLAINTIFFS PROPOSAL REGARDING THE STIPULATED PROTECTIVE ORDER TO BE ENTERED IN THE ACTIONS Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schirtzer, Richard)
April 27, 2012 Filing 28 STATUS REPORT. DEFENDANTS' SEPARATE SUBMISSION REGARDING THE PARTIES' PROPOSED PROTECTIVE ORDERS Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Spehr, Richard)
March 15, 2012 Filing 27 RESPONSE re: #26 Status Report. Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ware, Michael)
February 29, 2012 Filing 26 STATUS REPORT. Plaintiff FHFA's Proposed Sampling Protocol Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
February 16, 2012 Filing 25 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillippe Z. Selendy dated 2/15/12 re: Counsel for the Plaintiff Federal Housing Finance Agency (FHFA) requests a brief adjournment to 2/29/12 to permit it to work with its sampling expert to develop a meaningful proposal. Defendants informed FHFA that they consent to this request provided that Defendants be afforded until 3/14/12 to make their submission to the Court, to which FHFA agreed. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/16/2012) (mro)
February 6, 2012 Opinion or Order Filing 24 ORDER: Within seven days of the Court's ruling on the motion to dismiss in Federal Housing Finance Agency v. UBS Americas, Inc., et al., 10 Civ. 5201, any defendant who believes that a continuation of the discovery stay is appropriate in its particular case shall submit a letter-brief of no more than five pages setting forth the reasons for which the stay should be continued. In each case in which such a letter-brief is filed, the stay shall be continued until the Court has acted on the application. IT IS FURTHER ORDERED that the plaintiff's application for permission to serve initial document requests is granted. The deadline for responding to these requests will be discussed at any Rule 26(f) conference that may follow a decision on the motion to dismiss. IT IS FURTHER ORDERED that the plaintiff's application for an order directing the parties to exchange proposed custodian and search term lists during the pendency of the discovery stay is denied. IT IS FURTHER ORDERED that in the event the parties do not agree on a protocol for the sampling of loan files, the plaintiff shall submit its proposed protocol by February 20, 2012, and the defendants shall submit their proposed protocol by February 24, 2012. (Signed by Judge Denise L. Cote on 2/6/2012) (ft)
February 6, 2012 Filing 23 STIPULATION REGARDING ELECTRONIC DISCOVERY: that the following specifications shall govern electronic discovery in each of the above captioned actions, pursuant to the provisions of FRCP 34 permitting parties to specify the form or forms in which electronically stored information is to be produced, and as further set forth in this document. (Signed by Judge Denise L. Cote on 2/6/2012) (cd)
January 12, 2012 Filing 22 STATUS REPORT. DEFENDANTS' REPORT REGARDING CERTAIN CASE MANAGEMENT ISSUES Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSI Asset Securitization Corporation, HSBC USA Inc..(Spehr, Richard)
January 11, 2012 Filing 21 STATUS REPORT. By Defendants Regarding Certain Case Management Issues. Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
January 11, 2012 Filing 20 STATUS REPORT. PLAINTIFF FHFA'S PROPOSAL FOR CERTAIN CASE MANAGEMENT ISSUES Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
January 11, 2012 Filing 19 STATUS REPORT. JOINT REPORT REGARDING CERTAIN CASE MANAGEMENT ISSUES Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
December 16, 2011 Opinion or Order Filing 18 ORDER: As set forth at the pretrial conference held on December 2, 2011, it is hereby ORDERED that Mr. Philippe Zuard Selendy of Quinn Emanuel Urquhart Oliver & Hedges shall serve as liaison counsel for plaintiffs in the above-captioned actions, and shall ensure that all plaintiffs' attorneys in these actions receive notice of Court Orders. IT IS FURTHER ORDERED that Mr. Jay B. Kasner of Skadden, Arps, Slate, Meagher & Flom LLP shall serve as liaison counsel for defendants in the above-captioned actions, and shall ensure that all defense attorneys in these actions receive notice Court Orders. IT IS FURTHER ORDERED that deliveries requiring immediate attention shall be delivered to Chambers by hand delivery to the Courthouse entrance located on Worth Street. Counsel or courier shall inform the Court Security Officers that the delivery is for immediate pickup and shall call Chambers or request Court Security Officers to call Chambers. (Signed by Judge Denise L. Cote on 12/16/2011) (mro)
December 5, 2011 Opinion or Order Filing 17 ORDER: In 11-Civ-5201, plaintiffs shall file any amended complaint by December 21, 2011. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by January 6, 2012. Defendants' reply, if any, shall be served by January 27. In 11-Civ-6188, the defendants shall file any motion to dismiss the plaintiffs' complaint by January 6, 2012. The plaintiffs shall file any amended complaint by January 27, 2012. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by February 3, 2012. Defendants' reply, if any, shall be served by February 17, 2012. The parties in all of the cases in the caption above shall submit by January 10, 2012, a joint report, or if necessary separate reports from plaintiffs and from defendants, on the sequencing of discovery, protective orders/ e-discovery, the sampling of loan files, limits on depositions, and the time frames regarding document production, depositions, and expert discovery. (Signed by Judge Denise L. Cote on 12/5/2011) (jar)
December 2, 2011 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 12/2/2011. (mro)
November 30, 2011 Filing 16 NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Lewis A. Kaplan is no longer assigned to the case. (pgu)
November 16, 2011 Opinion or Order Filing 15 ORDER: It is hereby ORDERED that the time to answer or to move to dismiss the complaint in all actions is stayed, with the exception of the action with docket number 11 Civ. 5201 (the "5201 Action"). The motion to dismiss to be filed in the 5201 Action on December 2, 2011 ("December 2 Motion"), shall address any of the seven grounds identified on pages four and five of the Defendants' Proposal for the Efficient and Convenient Handling of These Cases as potential grounds for common dismissal motions applicable in that action. IT IS FURTHER ORDERED that there will be a conference for all parties in all actions on December 2, 2011 at 2:00p.m. At the conference, the Court will discuss with the parties, inter alia, the scheduling of motion practice and discovery in these actions, and a proposed schedule for any amendment of the complaint in the 5201 Action. Under that proposed schedule, any amended complaint in the 5201 Action in response to any argument made in the December 2 Motion shall be due on December 21, with no further opportunity to amend. If no amendment is made in the 5201 Action, then opposition to the December 2 Motion would be due January 6, 2012. Any reply would be due January 27. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or hand delivery to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007. ( Status Conference set for 12/2/2011 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/16/2011) (lmb)
October 20, 2011 Filing 14 AFFIDAVIT OF SERVICE of Plaintiffs and Defendants Joint Report Pursuant to Paragraph 2 of the Courts September 16, 2011 Order, and Plaintiff FHFAs Proposal for the Efficient Administration of the Cases Pursuant to Paragraph 3 of the Courts September 16, 2011 Order served on Counsel for Defendants HSBC North America Holdings Inc., HSBC USA Inc., HSBC Markets (USA) Inc., HSBC Bank USA, N.A., HSI Asset Securitization Corporation, HSBC Securities (USA) Inc., Neal Leonard, Gerard Mattia, Todd White, Norman Chaleff, and Jon Voigtman on 10-19-2011. Service was made by ECF. Document filed by Federal Housing Finance Agency. (Schirtzer, Richard)
October 19, 2011 Filing 13 STATUS REPORT. Defendants' Proposal for the Efficient and Convenient Handling of These Cases (Joint) - Document filed by RBS Securities, Inc., Deutche Bank AG, Taunus Corporation, Deutsche Bank Securities Inc., DB Structured Products, Inc., Mortgageit Securities Corp., Ace Securities Corp..(Rice, Thomas)
October 19, 2011 Filing 12 STATUS REPORT. of Plaintiff FHFA for the Efficient Administration of the Cases Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Schirtzer, Richard)
October 19, 2011 Filing 11 STATUS REPORT. Pursuant to Court's Orders dated 9/16/2011, et seq. Document filed by Federal Housing Finance Agency.(Schirtzer, Richard)
October 19, 2011 Filing 10 STATUS REPORT. Defendants Proposal for the Efficient and Convenient Handling of these Cases Document filed by Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White.(Ware, Michael)
October 11, 2011 Opinion or Order Filing 9 ORDER: With the consent of Judge Castel, the orders entered in these cases on September 16, 2011 and September 21, 2011, shall apply also to 11 Civ. 6739 (PKC). So Ordered. (Signed by Judge Lewis A. Kaplan on 10/11/2011) (rdz)
October 4, 2011 Opinion or Order Filing 8 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendants, that the date for all Defendants to move, answer or otherwise respond to the Complaint in this action shall be extended to December 2, 2011. Norman Chaleff answer due 12/2/2011; HSBC Bank USA. N.A. answer due 12/2/2011; HSBC Markets (USA) Inc. answer due 12/2/2011; HSBC North America Holdings Inc. answer due 12/2/2011; HSBC Securities (USA) Inc. answer due 12/2/2011; HSI Asset Securitization Corporation answer due 12/2/2011; Neal Leonard answer due 12/2/2011; Gerard Mattia answer due 12/2/2011; John Voigtman answer due 12/2/2011; Todd White answer due 12/2/2011. (Signed by Judge Lewis A. Kaplan on 10/3/2011) (djc)
September 22, 2011 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc for HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSI Asset Securitization Corporation. Document filed by HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSI Asset Securitization Corporation.(Ware, Michael)
September 22, 2011 Filing 5 NOTICE OF APPEARANCE by Michael Orth Ware on behalf of Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White (Ware, Michael)
September 21, 2011 Opinion or Order Filing 7 ORDER: With the consent of Judge Marrero, the order entered in these cases (other than 11 Civ. 5201) (VM)) on 9/16/2011 shall apply also to 11 Civ. 5201 (VM). (Signed by Judge Lewis A. Kaplan on 9/21/2011) (tro)
September 16, 2011 Opinion or Order Filing 4 ORDER: that by 10/19/2011, the parties shall submit a joint report briefly describing the respects in which these cases are similar and the respects in which they differ with special attention to such matters as the likelihood that they will raise common issues of law, common issues of fact, and conm1on issues with respect to discovery. By 10/19/2011, the parties shall submit a joint report or, if agreement cannot be reached, separate reports containing proposals for means by which the cases can most efficiently and conveniently be handled. This report or these reports shall include any proposals for the handling of motions to dismiss the complaints, or portions thereof, that may raise many common Issues. (Signed by Judge Lewis A. Kaplan on 9/16/2011) (ft)
September 14, 2011 Filing 3 NOTICE OF APPEARANCE by Richard A. Schirtzer on behalf of Federal Housing Finance Agency (Schirtzer, Richard)
September 12, 2011 Filing 2 NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Federal Housing Finance Agency (Abensohn, Adam)
September 2, 2011 Filing 1 COMPLAINT against Norman Chaleff, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, John Voigtman, Todd White. (Filing Fee $ 350.00, Receipt Number 465401015608)Document filed by Federal Housing Finance Agency.(rdz) (Additional attachment(s) added on 9/6/2011: #1 Appendix A) (ama).
September 2, 2011 SUMMONS ISSUED as to All Defendants. (rdz)
September 2, 2011 Case Designated ECF. (rdz)
September 2, 2011 Magistrate Judge Andrew J. Peck is so designated. (rdz)

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Search for this case: Federal Housing Finance Agency v. HSBC North America Holdings Inc. et al
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Defendant: RBS Securities, Inc.
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Defendant: Deutsche Bank Securities Inc.
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Defendant: Deutche Bank AG
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Defendant: Gerard Mattia
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: Ally Financial Inc.
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Defendant: DB Structured Products, Inc.
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Defendant: HSBC Securities (USA) Inc.
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: Mortgageit Securities Corp.
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Defendant: GMAC Mortgage Group, Inc.
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Defendant: HSI Asset Securitization Corporation
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: HSBC Markets (USA) Inc.
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: Todd White
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: Taunus Corporation
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Defendant: Neal Leonard
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: Norman Chaleff
Represented By: Andrew Zenner Michaelson
Represented By: Jennifer Marie Rosa
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: John Matthew Conlon
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: HSBC USA Inc.
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Michael Orth Ware
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: HSBC Bank USA. N.A.
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Joshua Klein
Represented By: Catherine A. Bernard
Represented By: Jill Caroline Barnhart
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: John Voigtman
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: HSBC North America Holdings Inc.
Represented By: Andrew Zenner Michaelson
Represented By: Joseph Wesslund Dunn
Represented By: Jennifer Marie Rosa
Represented By: Jack G. Stern
Represented By: Rosaline Yuen Chi Chan
Represented By: Damien Jerome Marshall
Represented By: Jonathan M. Shaw
Represented By: Charles Salem Korschun
Represented By: Allison Joan Zolot
Represented By: Noah Liben
Represented By: John Matthew Conlon
Represented By: Jason Israel Kirschner
Represented By: Catherine A. Bernard
Represented By: David Boies, II
Represented By: Michael Orth Ware
Represented By: Edward John Normand
Represented By: Jaime David Sneider
Represented By: Robert William Hamburg
Represented By: Michael Philip Favretto
Represented By: Mark Hanchet
Represented By: Drew J.M Bradylyons
Represented By: Reginald Raybern Goeke
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Defendant: Ace Securities Corp.
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Plaintiff: Federal Housing Finance Agency
Represented By: Scott Kurtis McCulloch
Represented By: Zachary Michael Williams
Represented By: Bradley H. Samuels
Represented By: Manisha M. Sheth
Represented By: Eric Robert Cochran
Represented By: Celine Crosa Di Vergagni
Represented By: Jordan Ari Goldstein
Represented By: Richard A. Schirtzer
Represented By: William Charlie Price
Represented By: Christopher Thomas Cook
Represented By: David Harrison McGill
Represented By: David Bernard Schwartz
Represented By: Sascha Nicholas Rand
Represented By: Jonathan Bacon Oblak
Represented By: Kathleen M. Sullivan
Represented By: Eric Brendan Bruce
Represented By: Michael O'Connor
Represented By: Julia Marie Beskin
Represented By: Andrew Riggs Dunlap
Represented By: Jonathan Charles Eser
Represented By: Malgorzata Markowski
Represented By: David Lingard
Represented By: Farbod Soon Moridani
Represented By: Tyler Grant Whitmer
Represented By: Adam Michael Abensohn
Represented By: Philippe Zuard Selendy
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Plaintiff: The Federal Home Loan Mortgage Corporation
Represented By: Zachary Michael Williams
Represented By: Jonathan Bacon Oblak
Represented By: Jonathan Charles Eser
Represented By: Richard A. Schirtzer
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Intervenor plaintiff: Roger Mauermann
Represented By: William Jose Sanchez-Calderon
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