Federal Deposit Insurance Corporation et al v. Bear Stearns Asset Backed Securities I L.L.C. et al
Plaintiff: Federal Deposit Insurance Corporation and Strategic Capital Bank
Defendant: Bear Stearns Asset Backed Securities I L.L.C., The Bear Stearns Companies L.L.C., J.P. Morgan Securities L.L.C., Citicorp Mortgage Securities, Inc., Citimortgage, Inc., Citigroup Global Markets Inc., Credit Suisse First Boston Mortgage Securities Corp., Credit Suisse Management L.L.C., Credit Suisse Securities (USA) L.L.C., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Capital Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Ally Securities, L.L.C., Deutsche Bank Securities Inc., HSBC Securities (USA) Inc., RBS Securities Inc. and UBS Securities L.L.C.
Case Number: 1:2012cv04000
Filed: May 18, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Laura Taylor Swain
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 78 m(a) Securities Exchange Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 24, 2023 Opinion or Order Filing 290 ORDER WITHDRAWING VICKIE REZNIK AS COUNSEL FOR PLAINTIFF FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR CITIZENS NATIONAL BANK AND RECEIVER FOR STRATEGIC CAPITAL BANK: IT IS HEREBY ORDERED that Vickie Reznik be withdrawn as an attorney of record for Plaintiff Federal Deposit Insurance Corporation as Receiver for Citizens National Bank and Receiver for Strategic Capital Bank. Plaintiff remains represented by David J. Grais of Grais & Ellsworth LLP and by R. Paul Yetter and Bryce L. Callahan of Yetter Coleman LLP. IT IS SO ORDERED. Attorney Victoria Reznik terminated. (Signed by Judge Laura Taylor Swain on 5/24/2023) (vfr)
June 22, 2022 Opinion or Order Filing 283 MEMO ENDORSED ORDER granting 276 Motion to Seal. ENDORSEMENT: Application granted. The unredacted versions of Exhibits 44 and 45 (at docket entry no. 280) will be maintained under their current selected-parties-only viewing restriction level. DE# 276 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/22/2022) (vfr)
September 13, 2021 Opinion or Order Filing 249 ORDER re: 247 Proposed Stipulation and Order filed by Strategic Capital Bank, Federal Deposit Insurance Corporation, 248 Proposed Stipulation and Order filed by Strategic Capital Bank, Federal Deposit Insurance Corporation. The parties submitted two stipulations, Docket Entry No. 247 and Docket Entry No. 248, into which they entered pursuant Fed. R. Civ. P. 29. The parties request that the Court endorse their stipulations as orders of the Court; the Court declines to do so. However, perforce of the express language of Rule 29, the parties' stipulations are binding on them. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/13/2021) (va)
February 3, 2021 Opinion or Order Filing 241 AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/3/2021) (js)
January 14, 2021 Opinion or Order Filing 233 ORDER denying 232 Letter Motion for Local Rule 37.2 Conference. The parties' request for a pre-motion conference, Docket Entry No. 232, is denied. On or before January 26, 2021, a motion to amend the Court's January 8, 2020 order, D ocket Entry No. 215, compliant with Local Civil Rules including Rules 6.1 and 7.1, shall be filed. The parties' memorandum of law shall be no longer than 10 double-spaced pages without footnotes and shall identify and discuss any: (1) chan ge in factual circumstances that occurred after the Court's October 27, 2017 denial of reconsideration order; and (2) binding authority on the issues of concern to the Court addressed in the Court's October 27, 2017 order denying recon sideration. Any factual assertions in the memorandum of law must be supported by admissible evidence, including those concerning "the Office of the Comptroller of the Currency." SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/14/2021) (va)
August 12, 2020 Opinion or Order Filing 224 ORDER: Michael O. Ware, counsel to defendant HSBC Securities (USA) Inc., in a letter dated August 10, 2020, requested that Charles Salem Korschun and Emma Mika Kurose, who are no longer associated with his law firm, Mayer Brown, be recorded on the docket sheet maintained by the Clerk of Court as no longer representing any defendant in this action. The application is granted, and the Clerk of Court is directed to make the appropriate notations on the docket sheet. This order resolves the request made through Docket Entry No. 220. SO ORDERED. Attorney Charles Salem Korschun and Emma Mika Kurose terminated. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/12/2020) (jca)
June 9, 2020 Opinion or Order Filing 219 ORDER: In light of the pending discovery, the final pretrial conference scheduled for June 19, 2020, is adjourned to Friday, June 18, 2021, at 11:30 a.m. in Courtroom 17C. SO ORDERED., ( Final Pretrial Conference set for 6/18/2020 at 11:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/09/2020) (ama)
January 24, 2020 Opinion or Order Filing 218 ORDER: The order of the Court dated January 2, 2020, is hereby modified. All discovery, of whatever nature, shall be initiated so as to be completed on or before August 30, 2021. A telephonic status conference will be held with the parties on April 29, 2021, at 10:00 a.m. The parties shall use the following conference call-in number (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Discovery due by 8/30/2021. Telephone Conference set for 4/29/2021 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/24/2020) (va)
January 8, 2020 Opinion or Order Filing 215 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/8/2020) (ks)
January 6, 2020 Opinion or Order Filing 213 ORDER: In a joint letter, dated January 3, 2020, the parties informed the Court that they "have filed via ECF a revised Stipulation and Proposed Protective Order (Docket no. 211 )" that "is substantively similar to a draft of the s tipulation and proposed protective order that the parties submitted to the Court on June 7, 2017." To aid the Court in its review of the parties' January 3, 2020 proposed protective order, on or before January 10, 2020, the parties shall submit a document to the Court that will compare and merge the June 2017 proposed protective order with the January 3, 2020 proposed protective order, so as to show any differences introduced by the January 3, 2020 revised version of the June 2017 document, including any deletions, modifications and additions. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/6/2020) (ks)
January 2, 2020 Opinion or Order Filing 210 ORDER: All discovery, of whatever nature, shall be initiated so as to be completed on or before October 1, 2020. A telephonic status conference will be held with the parties on June 24, 2020, at I 0:00 a.m. The parties shall use the following conf erence call-in number (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/2/2020) ( Discovery due by 10/1/2020., Telephone Conference set for 6/24/2020 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.)(ks)
November 26, 2019 Opinion or Order Filing 207 ORDER: IT IS HEREBY ORDERED that a telephonic status conference shall be held in the above captioned action on December 5, 2019, at 2:30 p.m. Counsel are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/26/2019) ( Telephone Conference set for 12/5/2019 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (ks)
October 18, 2019 Opinion or Order Filing 190 MEMORANDUM ORDER: denying 172 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss the Second Amended Complaint is denied in its entirety. This Memorandum Order resolves docket entry no. 172. This case remains referred to Magistrate Judge Fox for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/18/2019) (ama)
March 24, 2015 Opinion or Order Filing 135 OPINION AND ORDER re: 132 MOTION for Partial Lift of the PSLRA Discovery Stay re: 65 Order, . filed by Federal Deposit Insurance Corporation, 80 JOINT MOTION to Dismiss the Amended Complaint. filed by Bear Stearns Asset Backed Securities I L.L.C., Merrill Lynch Mortgage Capital Inc., Deutsche Bank Securities Inc., Merrill Lynch Mortgage Investors, Inc., J.P. Morgan Securities L.L.C., Ally Securities, L.L.C., HSBC Securities (USA) Inc., Citigroup Global Markets Inc., The Bear Stearns Companies L.L.C., Credit Suisse Management L.L.C., Merrill Lynch, Pierce, Fenner & Smith, Inc., Citimortgage, Inc., Credit Suisse First Boston Mortgage Securities Corp., UBS Securities L.L.C., RBS Securities Inc., Citicorp Mortgage Securities, Inc., Credit Suisse Securities (USA) L.L.C. For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint is granted. Plaintiff's motion for a partial lift of the PSLRA dis covery stay is denied as moot. The Clerk of the Court is directed to enter judgment in favor of Defendants and to close this case. This Memorandum Opinion and Order resolves docket entry numbers 80 and 132. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 3/24/2015) (ajs)
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Plaintiff: Federal Deposit Insurance Corporation
Represented By: David J. Grais
Represented By: Mark Benjamin Holton
Represented By: Leanne Marie Wilson
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Plaintiff: Strategic Capital Bank
Represented By: David J. Grais
Represented By: Mark Benjamin Holton
Represented By: Leanne Marie Wilson
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Defendant: Bear Stearns Asset Backed Securities I L.L.C.
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Defendant: The Bear Stearns Companies L.L.C.
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Defendant: J.P. Morgan Securities L.L.C.
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Defendant: Citicorp Mortgage Securities, Inc.
Represented By: Susanna Michele Buergel
Represented By: Brad Scott Karp
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Defendant: Citimortgage, Inc.
Represented By: Susanna Michele Buergel
Represented By: Brad Scott Karp
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Defendant: Citigroup Global Markets Inc.
Represented By: Susanna Michele Buergel
Represented By: Brad Scott Karp
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Defendant: Credit Suisse First Boston Mortgage Securities Corp.
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Defendant: Credit Suisse Management L.L.C.
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Defendant: Credit Suisse Securities (USA) L.L.C.
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Defendant: Merrill Lynch Mortgage Investors, Inc.
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Defendant: Merrill Lynch Mortgage Capital Inc.
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Defendant: Merrill Lynch, Pierce, Fenner & Smith, Inc.
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Defendant: Ally Securities, L.L.C.
Represented By: Michael Orth Ware
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Defendant: Deutsche Bank Securities Inc.
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Defendant: HSBC Securities (USA) Inc.
Represented By: Michael Orth Ware
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Defendant: RBS Securities Inc.
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Defendant: UBS Securities L.L.C.
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