National Credit Union Administration Board v. UBS Securities, LLC
Plaintiff: National Credit Union Administration Board
Defendant: UBS Securities, LLC
Intervenor: Mastr Adjustable Rate Mortgages Trust 2006-OA2, et al.
Case Number: 1:2013cv06731
Filed: September 23, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Denise L Cote
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 2, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2016 Opinion or Order Filing 316 ENDORSED LETTER addressed to Judge Denise L. Cote from David C. Frederick dated May 2, 2016 re: Agreement on Attorneys' Fees and Costs. ENDORSEMENT: The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/2/2016) (gr)
May 2, 2016 Opinion or Order Filing 315 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated May 2, 2016 re: Agreement on Attorneys' Fees and Costs. Document filed by National Credit Union Administration Board.(Frederick, David)
April 25, 2016 Opinion or Order Filing 314 JUDGMENT: It is, ORDERED, ADJUDGED, AND DECREED, that NCUA is entitled to total damages (inclusive of pre-judgment interest) of $69,821,500 as of April 22, 2016; and UBS Securities LLC shall make payment of $69,821,500 to NCUA as of that date. (As further set forth in this Order.) (Signed by Judge Denise L. Cote on 4/25/2016) (kgo)
April 22, 2016 Opinion or Order Filing 313 STIPULATION AND ORDER REGARDING RULE 68 OFFER..... (Signed by Judge Denise L. Cote on 4/22/2016) (gr)
April 22, 2016 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #313 Stipulation and Order to the Judgments and Orders Clerk. (gr)
April 18, 2016 Opinion or Order Filing 312 ENDORSED LETTER addressed to Judge Denise L. Cote from David C. Frederick dated April 15, 2016 re: Status of Negotiations Concerning Attorney's Fees and Costs.....ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/18/2016) (gr)
April 15, 2016 Opinion or Order Filing 311 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated April 15, 2016 re: Status of Negotiations Concerning Attorney's Fees and Costs. Document filed by National Credit Union Administration Board.(Frederick, David)
April 15, 2016 Opinion or Order Filing 310 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated April 15, 2016 re: Court's March 25, 2016 Order and Entry of Final Judgment. Document filed by National Credit Union Administration Board.(Frederick, David)
March 25, 2016 Opinion or Order Filing 309 ORDER....In an Opinion and Order dated March 24, the Court held that (1) prejudgment interest shall be calculated based on the declining principal balance for each Certificate and (2) prejudgment interest under the TSA and ISL shall be calculated using the coupon rate applicable for each Certificate. Accordingly, it is hereby ORDERED that if the parties dispute the amount of prejudgment interest owed using the methodology and rate set forth in the Courts March 24 Opinion and Order, they shall address the issue in their submissions to the Court concerning attorneys fees and costs, which is due on April 15 for the UBS matter and on May 12 for the Credit Suisse matter. (Signed by Judge Denise L. Cote on 3/25/2016) (gr)
March 24, 2016 Opinion or Order Filing 308 OPINION AND ORDER #106374.....The Defendants February 5, 2016 Motion for Partial Summary Judgment on the Proper Calculation of Prejudgment Interest is granted insofar as (1) prejudgment interest shall be calculated based on the declining principal balance for each Certificate and (2) prejudgment interest under the TSA and ISL shall be calculated using the coupon rate applicable for each Certificate. (Signed by Judge Denise L. Cote on 3/24/2016) (gr) Modified on 4/8/2016 (ca).
March 18, 2016 Opinion or Order Filing 307 RULE 56.1 STATEMENT. Document filed by National Credit Union Administration Board. (Frederick, David)
March 18, 2016 Opinion or Order Filing 306 MEMORANDUM OF LAW in Opposition re: #279 MOTION for Partial Summary Judgment On the Proper Calculation of Prejudgment Interest. . Document filed by National Credit Union Administration Board. (Frederick, David)
March 9, 2016 Opinion or Order Filing 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 9, 2016 Opinion or Order Filing 304 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2016 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 4/4/2016. Redacted Transcript Deadline set for 4/14/2016. Release of Transcript Restriction set for 6/10/2016.(McGuirk, Kelly)
March 8, 2016 Opinion or Order Filing 303 ORDER: By order dated March 4, 2016, the Court required the parties in the above-captioned action to notify the Court whether they consent to granting access to materials related to NCUAs Motion for Partial Summary Judgment on UBS's Due Diligence and Reasonable Care Defenses (the Summary Judgment Materials) to a group of trusts (the Trusts) who are plaintiffs in the action MASTR Adjustable Rate Mortgages Trust 2006-OA2 v. UBS Real Estate Securities Inc., 12 Civ. 7322 (S.D.N.Y.) (PKC), which will be tried on April 18. Such access will be subject to the terms of the Master Protective Order dated April 9, 2014. Both parties having consented, it is hereby ORDERED that the parties shall promptly send a copy of the Master Protective Order dated April 9, 2014 to the Trusts. Upon execution of the Agreement to be Bound by Protective Order, the parties shall transmit the Summary Judgment Materials to the Trusts. IT IS FURTHER ORDERED that the Trusts March 3, 2016 applications to intervene and to unseal are denied as moot. (Signed by Judge Denise L. Cote on 3/8/2016) (gr)
March 8, 2016 Opinion or Order Filing 302 LETTER addressed to Judge Denise L. Cote from Robert A. Fumerton dated 03/08/2016 re: #300 Order of the Court. Document filed by UBS Securities, LLC.(Fumerton, Robert)
March 7, 2016 Opinion or Order Filing 301 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 03/07/2016 re: #300 Order of the Court. Document filed by National Credit Union Administration Board.(Frederick, David)
March 4, 2016 Opinion or Order Filing 300 ORDER... ORDERED that, by March 8 at 12:00 p.m., NCUA and UBS shall notify the Court whether they consent to granting the Trusts access, subject to the terms of the Master Protective Order dated April 9, 2014, to the Due Diligence Summary Judgment Materials. If both parties consent, the Courts order of March 3 shall be vacated. If a party withholds its consent, it shall indicate its reasons for doing so in its March 8 submission. (Signed by Judge Denise Cote on 3/4/2016) (gf)
March 3, 2016 Opinion or Order Filing 299 ORDER....ORDERED that, by March 10, NCUA and UBS shall submit any opposition to the Trusts applications to intervene and to unseal the Summary Judgment Materials. With respect to the application to unseal, the parties shall identify each category of information that they contend should remain redacted in the Summary Judgment Materials. For each category identified, the parties shall state the justification for the redactions. The Trusts reply, if any, is due by March 16. IT IS FURTHER ORDERED that in the event either NCUA or UBS identifies a category of information for which it contends redaction is appropriate, it shall, on March 10, provide to the Court and its adversary in 13cv6731, at least three examples of redactions made under that category. IT IS FURTHER ORDERED that, by March 4, NCUA and UBS shall serve on any third parties who they believe may have an interest in opposing the Trusts application to unseal the Summary Judgment Materials the following materials: (1) a copy of the Trusts March 3 letter, (2) a copy of this order, and (3) copies of the portions of the Summary Judgment Materials related to the third-party. Those third parties may also submit oppositions to the Trusts application to unseal by March 10. (Signed by Judge Denise L. Cote on 3/3/2016) (gr)
March 3, 2016 Opinion or Order Filing 298 LETTER addressed to Judge Denise L. Cote from Andrew R. Dunlap dated March 3, 2016 re: unsealing of NCUAs Motion for Summary Judgment on UBSs Due Diligence and Reasonable Care Defenses. Document filed by Mastr Adjustable Rate Mortgages Trust 2006-OA2, et al.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Dunlap, Andrew)
March 3, 2016 Opinion or Order Filing 297 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 02/11/2016 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...(Grant, Patricia)
March 3, 2016 Opinion or Order Filing 296 TRANSCRIPT of Proceedings re: Conference held on 2/11/2016 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 3/28/2016. Redacted Transcript Deadline set for 4/7/2016. Release of Transcript Restriction set for 6/6/2016.(Grant, Patricia)
March 1, 2016 Opinion or Order Filing 295 SEALED DOCUMENT placed in vault.(rz)
February 29, 2016 Opinion or Order Filing 294 ORDER.....In a teleconference with the parties on February 26, the Court held that the February 5 motions and moving documents were judicial records and must be filed on ECF. Later that day, NCUA and UBS filed redacted versions of their motions and moving papers on ECF. The redacted version of the NCUA motion for summary judgment on the UBS due diligence and reasonable care defenses reflects redactions to the NCUA motion made by UBS. Accordingly, it is hereby ORDERED that the redacted filings on ECF of the parties February 5 motions are accepted without any determination that the documents have been properly redacted. The filing of the redacted documents is without prejudice to a future application by any person or entity to unseal additional portions of the documents and require the parties to file unredacted documents. IT IS FURTHER ORDERED that, for all filings made on February 26, the Clerk of Court shall revise the titles of the documents on the ECF docket sheet to reflect the unredacted title of each document. For example, docket number 290 shall reference that it is in support of NCUA's Motion for Partial Summary Judgment on UBS's Due Diligence and Reasonable Care Defenses. (Signed by Judge Denise L. Cote on 2/29/2016) (gr)
February 26, 2016 Opinion or Order Filing 293 SEALED DOCUMENT placed in vault.(rz)
February 26, 2016 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 2/26/2016. (Court Reporter Kristen Carannante) (gr)
February 26, 2016 Opinion or Order Filing 292 DECLARATION of Wan J. Kim in Support re: #249 Notice (Other), #291 Rule 56.1 Statement, #290 Memorandum of Law in Support. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibits 1-100, #2 Exhibits 101-143, #3 Exhibit 144, #4 Exhibits 145-303)(Frederick, David)
February 26, 2016 Opinion or Order Filing 291 RULE 56.1 STATEMENT. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 290 MEMORANDUM OF LAW in Support re: #249 Notice (Other) Redacted. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 289 DECLARATION of Wan J. Kim in Support re: #287 Rule 56.1 Statement, #286 Memorandum of Law in Support, #248 Notice (Other). Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4-1, #5 Exhibit 4-2, #6 Exhibit 4-3, #7 Exhibit 4-4, #8 Exhibit 4-5, #9 Exhibit 4-6, #10 Exhibit 4-7, #11 Exhibit 4-8, #12 Exhibit 4-9, #13 Exhibit 4-10, #14 Exhibit 4-11, #15 Exhibit 4-12, #16 Exhibit 4-13, #17 Exhibit 4-14, #18 Exhibit 4-15, #19 Exhibit 4-16, #20 Exhibit 4-17, #21 Exhibit 4-18, #22 Exhibit 4-19, #23 Exhibit 4-20, #24 Exhibit 5, #25 Exhibit 6-1, #26 Exhibit 6-2, #27 Exhibit 6-3, #28 Exhibit 6-4, #29 Exhibit 6-5, #30 Exhibit 6-6, #31 Exhibit 6-7, #32 Exhibit 6-8, #33 Exhibit 6-9, #34 Exhibit 6-10, #35 Exhibit 6-11, #36 Exhibit 6-12, #37 Exhibit 6-13, #38 Exhibit 6-14, #39 Exhibit 6-15, #40 Exhibit 6-16, #41 Exhibit 7, #42 Exhibit 8, #43 Exhibit 9, #44 Exhibit 10, #45 Exhibit 11, #46 Exhibit 12, #47 Exhibit 13, #48 Exhibit 14, #49 Exhibit 15, #50 Exhibit 16, #51 Exhibit 17, #52 Exhibit 18, #53 Exhibit 19, #54 Exhibit 20, #55 Exhibit 21, #56 Exhibit 22, #57 Exhibit 23, #58 Exhibit 24, #59 Exhibit 25, #60 Exhibit 26, #61 Exhibit 27, #62 Exhibit 28, #63 Exhibit 29, #64 Exhibit 30, #65 Exhibit 31, #66 Exhibit 32, #67 Exhibit 33, #68 Exhibit 34, #69 Exhibit 35, #70 Exhibit 36)(Frederick, David)
February 26, 2016 Opinion or Order Filing 288 DECLARATION of Wan J. Kim in Support re: #285 Rule 56.1 Statement, #247 Notice (Other), #284 Memorandum of Law in Support. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibits 1-4, #2 Exhibit 5-8, #3 Exhibit 9-1, #4 Exhibit 9-2, #5 Exhibit 9-3, #6 Exhibit 9-4, #7 Exhibit 9-5, #8 Exhibit 9-6, #9 Exhibit 9-7, #10 Exhibit 9-8, #11 Exhibit 9-9, #12 Exhibits 10-12, #13 Exhibit 13-1, #14 Exhibit 13-2, #15 Exhibit 13-3, #16 Exhibit 13-4, #17 Exhibit 13-5, #18 Exhibit 13-6, #19 Exhibit 13-7, #20 Exhibit 13-8, #21 Exhibit 13-9, #22 Exhibit 13-10, #23 Exhibit 13-11, #24 Exhibit 13-12, #25 Exhibit 13-13, #26 Exhibit 14-1, #27 Exhibit 14-2, #28 Exhibit 14-3, #29 Exhibit 14-4, #30 Exhibit 14-5, #31 Exhibit 14-6, #32 Exhibit 14-7, #33 Exhibit 14-8, #34 Exhibit 14-9, #35 Exhibit 15-1, #36 Exhibit 15-2, #37 Exhibit 15-3, #38 Exhibit 15-4, #39 Exhibit 15-5, #40 Exhibit 16-1, #41 Exhibit 16-2, #42 Exhibit 16-3, #43 Exhibit 16-4, #44 Exhibit 16-5, #45 Exhibit 17-1, #46 Exhibit 17-2, #47 Exhibit 17-3, #48 Exhibit 17-4, #49 Exhibit 17-5, #50 Exhibit 18-1, #51 Exhibit 18-2, #52 Exhibit 18-3, #53 Exhibit 18-4, #54 Exhibit 18-5, #55 Exhibit 18-6, #56 Exhibit 18-7, #57 Exhibit 19-1, #58 Exhibit 19-2, #59 Exhibit 19-3, #60 Exhibit 19-4, #61 Exhibit 19-5, #62 Exhibits 30-36, #63 Exhibit 37, #64 Exhibits 38-41, #65 Exhibit 42-1, #66 Exhibit 42-2, #67 Exhibit 42-3, #68 Exhibit 42-4, #69 Exhibit 42-5, #70 Exhibit 42-6, #71 Exhibit 42-7, #72 Exhibits 43-46)(Frederick, David)
February 26, 2016 Opinion or Order Filing 287 RULE 56.1 STATEMENT. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 286 MEMORANDUM OF LAW in Support re: #248 Notice (Other) Redacted. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 285 RULE 56.1 STATEMENT. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 284 MEMORANDUM OF LAW in Support re: #247 Notice (Other) Redacted. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 283 DECLARATION of Benjamin Diessel in Support re: #279 MOTION for Partial Summary Judgment On the Proper Calculation of Prejudgment Interest.. Document filed by UBS Securities, LLC. (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, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49 (Under Seal), #50 Exhibit 50 (Under Seal), #51 Exhibit 51 (Under Seal), #52 Exhibit 52 (Under Seal), #53 Exhibit 53 (Under Seal), #54 Exhibit 54 (Under Seal), #55 Exhibit 55 (Under Seal), #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90 (Under Seal), #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116)(Moskowitz, Lauren)
February 26, 2016 Opinion or Order Filing 282 DECLARATION of Wan J. Kim in Support re: #244 Notice (Other), #249 Notice (Other), #246 Notice (Other), #248 Notice (Other), #247 Notice (Other), #245 Notice (Other). Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit C-5, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F-1, #11 Exhibit F-2, #12 Exhibit F-3, #13 Exhibit F-4, #14 Exhibit F-5, #15 Exhibit F-6, #16 Exhibit F-7, #17 Exhibit F-8, #18 Exhibit F-9, #19 Exhibit F-10, #20 Exhibit F-11, #21 Exhibit F-12, #22 Exhibit F-13, #23 Exhibit F-14, #24 Exhibit G-1, #25 Exhibit G-2, #26 Exhibit G-3, #27 Exhibit G-4, #28 Exhibit H-1, #29 Exhibit H-2, #30 Exhibit H-3, #31 Exhibit H-4, #32 Exhibit I, #33 Exhibit J-1, #34 Exhibit J-2, #35 Exhibit J-3, #36 Exhibit J-4, #37 Exhibit J-5, #38 Exhibit J-6, #39 Exhibit J-7, #40 Exhibit J-8, #41 Exhibit J-9, #42 Exhibit J-10, #43 Exhibit J-11, #44 Exhibit J-12, #45 Exhibit J-13, #46 Exhibit J-14, #47 Exhibit J-15, #48 Exhibit J-16, #49 Exhibit J-17, #50 Exhibit J-18, #51 Exhibit J-19, #52 Exhibit K, #53 Exhibit L-1, #54 Exhibit L-2, #55 Exhibit L-3, #56 Exhibit L-4, #57 Exhibit L-5, #58 Exhibit L-6, #59 Exhibit L-7, #60 Exhibit L-8, #61 Exhibit L-9, #62 Exhibit L-10, #63 Exhibit L-11, #64 Exhibit L-12, #65 Exhibit L-13, #66 Exhibit M-1, #67 Exhibit M-2, #68 Exhibit M-3, #69 Exhibit M-4, #70 Exhibit M-6, #71 Exhibit N, #72 Exhibit O, #73 Exhibit P, #74 Exhibit Q, #75 Exhibit R-1, #76 Exhibit R-2, #77 Exhibit S, #78 Exhibit T-1, #79 Exhibit T-2, #80 Exhibit T-3, #81 Exhibit T-4, #82 Exhibit T-5, #83 Exhibit U-1, #84 Exhibit U-2, #85 Exhibit U-3, #86 Exhibit U-4, #87 Exhibit U-5, #88 Exhibit U-6, #89 Exhibit U-7, #90 Exhibit U-8, #91 Exhibit U-9, #92 Exhibit U-10, #93 Exhibit U-11, #94 Exhibit U-12, #95 Exhibit U-13, #96 Exhibit U-14, #97 Exhibit U-15, #98 Exhibit U-16, #99 Exhibit V-1, #100 Exhibit V-2, #101 Exhibit W-1, #102 Exhibit W-2, #103 Exhibit X-1, #104 Exhibit X-2, #105 Exhibit X-3, #106 Exhibit X-4, #107 Exhibit X-5, #108 Exhibit X-6, #109 Exhibit X-7, #110 Exhibit X-8, #111 Exhibit X-9, #112 Exhibit X-10, #113 Exhibit X-11, #114 Exhibit X-12, #115 Exhibit X-13, #116 Exhibit Exhibits YY-EEE)(Frederick, David)
February 26, 2016 Opinion or Order Filing 281 MEMORANDUM OF LAW in Support re: #279 MOTION for Partial Summary Judgment On the Proper Calculation of Prejudgment Interest. . Document filed by UBS Securities, LLC. (Moskowitz, Lauren)
February 26, 2016 Opinion or Order Filing 280 RULE 56.1 STATEMENT. Document filed by UBS Securities, LLC. (Moskowitz, Lauren)
February 26, 2016 Opinion or Order Filing 279 MOTION for Partial Summary Judgment On the Proper Calculation of Prejudgment Interest. Document filed by UBS Securities, LLC.(Moskowitz, Lauren)
February 26, 2016 Opinion or Order Filing 278 DECLARATION of Robert A. Fumerton in Support re: #269 MOTION for Partial Summary Judgment On Members United's Failure To Comply With The Notice Provision Of The Illinois Blue Sky Law.. Document filed by UBS Securities, LLC. (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 Part 1, #24 Exhibit 23 Part 2, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26 Part 1, #28 Exhibit 26 Part 2, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34 Part 1, #37 Exhibit 34 Part 2, #38 Exhibit 34 Part 3, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55)(Fumerton, Robert)
February 26, 2016 Opinion or Order Filing 277 DECLARATION of Wan J. Kim in Support re: #275 Memorandum of Law in Support, #244 Notice (Other), #276 Rule 56.1 Statement. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibits 14-19, #8 Exhibits 20-29, #9 Exhibits 30-40, #10 Exhibits 41-46)(Frederick, David)
February 26, 2016 Opinion or Order Filing 276 RULE 56.1 STATEMENT. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 275 MEMORANDUM OF LAW in Support re: #244 Notice (Other) Redacted. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 274 DECLARATION of Wan J. Kim in Support re: #273 Rule 56.1 Statement, #272 Rule 56.1 Statement, #245 Notice (Other). Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibits 1-5, #2 Exhibits 6-10, #3 Exhibits 11-30, #4 Exhibits 31-38, #5 Exhibit 39, #6 Exhibit 40 Part 1, #7 Exhibit 40 Part 2, #8 Exhibit 40 Part 3, #9 Exhibit 40 Part 4, #10 Exhibits 41-44)(Frederick, David)
February 26, 2016 Opinion or Order Filing 273 RULE 56.1 STATEMENT. Document filed by UBS Securities, LLC. (Fumerton, Robert)
February 26, 2016 Opinion or Order Filing 272 RULE 56.1 STATEMENT. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 271 MEMORANDUM OF LAW in Support re: #245 Notice (Other) Redacted. Document filed by National Credit Union Administration Board. (Frederick, David)
February 26, 2016 Opinion or Order Filing 270 MEMORANDUM OF LAW in Support re: #269 MOTION for Partial Summary Judgment On Members United's Failure To Comply With The Notice Provision Of The Illinois Blue Sky Law. . Document filed by UBS Securities, LLC. (Fumerton, Robert)
February 26, 2016 Opinion or Order Filing 269 MOTION for Partial Summary Judgment On Members United's Failure To Comply With The Notice Provision Of The Illinois Blue Sky Law. Document filed by UBS Securities, LLC.(Fumerton, Robert)
February 26, 2016 Opinion or Order Filing 268 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #290) MEMORANDUM OF LAW in Support re: #249 Notice (Other) Redacted. Document filed by National Credit Union Administration Board. (Frederick, David) Modified on 2/29/2016 (lb).
February 26, 2016 Opinion or Order Filing 267 ENDORSED LETTER re: #264 Letter filed by UBS Securities, LLC. ENDORSEMENT: Denied, as discussed at today's on-the-record telephone conference. (Signed by Judge Denise Cote on 2/26/2016) (gf)
February 26, 2016 Opinion or Order Filing 266 ORDER:On February 26, UBS submitted a letter requesting that NCUAs motion regarding due diligence, filed under seal on February 5, not be publically filed on ECF. It is hereby ORDERED that a teleconference with the Court shall be held at 4:30 p.m. on February 26 to address UBSs application. (Signed by Judge Denise L. Cote on 2/26/2016) (gr)
February 26, 2016 Opinion or Order Filing 265 ORDER: On February 25, 2016 NCUA filed a notice that it has accepted a Rule 68 offer of judgment from UBS Securities LLC (UBS) in the amount of $33,014,285, plus prejudgment interest in an amount to be determined by the Court. The notice reports that the parties will attempt to reach an agreement regarding the amount of costs and attorneys fees to be paid by UBS. Accordingly, it is hereby ORDERED that by April 15, the parties shall submit a status update on the progress of their negotiations concerning attorneys fees and costs. In the event the parties have not reached an agreement, their submission shall also propose a briefing schedule on the issue of attorneys fees and costs. (Signed by Judge Denise L. Cote on 2/26/2016) (gr)
February 26, 2016 Opinion or Order Filing 264 LETTER addressed to Judge Denise L. Cote from Sarah Bender-Nash dated February 26, 2016 re: Filing Redacted Summary Judgment Materials. Document filed by UBS Securities, LLC.(Bender-Nash, Sarah)
February 25, 2016 Opinion or Order Filing 263 NOTICE of Acceptance with Offer of Judgment . Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frederick, David)
February 19, 2016 Opinion or Order Filing 262 LETTER addressed to Judge Denise L. Cote from Robert A. Fumerton dated February 19, 2016 re: Pursuant to the Court's February 16, 2016 Memo Endorsement regarding briefing schedule. Document filed by UBS Securities, LLC.(Fumerton, Robert)
February 18, 2016 Opinion or Order Filing 261 STIPULATION AND ORDER RE: SUMMARY JUDGMENT OPPOSITIONS AND REPLIES....Oppositions to summary judgment motions regarding knowledge, limitations, and notice under the Illinois Blue Sky Law are due 3/4/2016; Oppositions to summary judgment motions regarding damages, due diligence, and the NCUA Guaranteed Notes program are due 3/11/2016; Replies in support of summary judgment motions are due 3/25/2016.... (Signed by Judge Denise L. Cote on 2/18/2016) (gr)
February 18, 2016 Opinion or Order Filing 260 ORDER: On February 1, 2016, the Court issued an order permitting the parties in the above-captioned actions to file their summary judgment papers under seal, and allowing the parties to agree on redactions to those documents by February 26. On February 5, NCUA, UBS, and Credit Suisse filed motions for summary judgment and moving papers in support of their respective motions. The moving papers for some of the motions contained voluminous documents to be filed under seal. By order dated February 8, the Court permitted NCUA to file documents under seal bearing signatures made by an agent, and to file one set of voluminous documents in both the UBS and Credit Suisse cases. Accordingly, it is hereby ORDERED that the parties shall file all future sealed documents bearing the original signature of an attorney listed on ECF, and shall not submit documents signed by designation or by an agent. IT IS FURTHER ORDERED that voluminous sealed documents relevant to both the UBS and the Credit Suisse case may be filed in only one case, and the Clerk of Court shall file a notification on ECF for the other case indicating that sealed documents have been filed under a different docket number. (Signed by Judge Denise L. Cote on 2/18/2016) (gr)
February 16, 2016 Opinion or Order Filing 258 ORDER REGARDING SEALED FILINGS....The Court's Records Management Unit/Sealed Documents shall accept for filing under seal without more the papers presented to it by NCUA on February 8, 2016, including (i) the hard copies reflecting original ink signatures that are followed by the initials of the agent who signed the documents for the signing attorney and (ii) just one set of the papers that are applicable to motions made in both the UBS Action and the Credit Suisse Action, which papers shall be deemed to have been timely filed in both Actions. (Signed by Judge Denise L. Cote on 2/16/2016) (gr)
February 16, 2016 Opinion or Order Filing 257 ENDORSED LETTER addressed to Judge Denise L. Cote from David C. Frederick dated February 16, 2016 re: Response to UBS's February 12, 2016 Request to Expedite Briefing ENDORSEMENT: Opposition shall be due to the UBS and Credit Suisse prejudgment interest motions on 2/26/16. By 2/19/16, the defendants shall advise the Court when their replies, if any, will be filed. (Signed by Judge Denise L. Cote on 2/16/2016) (gr)
February 16, 2016 Opinion or Order Filing 256 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated February 16, 2016 re: Response to UBS's February 12, 2016 Request to Expedite Briefing. Document filed by National Credit Union Administration Board.(Frederick, David)
February 12, 2016 Opinion or Order Filing 255 LETTER addressed to Judge Denise L. Cote from Robert A. Fumerton dated 2/12/2016 re: Briefing Schedule. Document filed by UBS Securities, LLC.(Fumerton, Robert)
February 11, 2016 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 2/11/2016. (Court Reporter Steve Greenblum) (gr)
February 10, 2016 Opinion or Order Filing 254 LETTER addressed to Judge Denise L. Cote from Robert A. Fumerton dated February 10, 2016 re: Response to NCUA's February 9, 2016 letter opposing UBS's request that the Court rule on Defendants' Motion for Partial Summary Judgment on the Proper Calculation of Prejudgment Interest. Document filed by UBS Securities, LLC.(Fumerton, Robert)
February 9, 2016 Opinion or Order Filing 253 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 02/09/2016 re: Response to UBS's Request for Stay. Document filed by National Credit Union Administration Board.(Frederick, David)
February 5, 2016 Opinion or Order Filing 259 SEALED DOCUMENT placed in vault.(rz)
February 5, 2016 Opinion or Order SEALED DOCUMENT placed in vault. Original document filed in 13cv6736, Document #239.(mps)
February 5, 2016 Opinion or Order SEALED DOCUMENT placed in vault. Original document filed in 13cv6736, Document #240(mps)
February 5, 2016 Opinion or Order SEALED DOCUMENT placed in vault. Original document filed in 13cv6736, Document #241.(mps)
February 5, 2016 Opinion or Order SEALED DOCUMENT placed in vault. Original document filed in 13cv6736, Document #242.(mps)
February 5, 2016 Opinion or Order Filing 252 SEALED DOCUMENT placed in vault.(mps)
February 5, 2016 Opinion or Order Filing 251 SEALED DOCUMENT placed in vault.(mps)
February 5, 2016 Opinion or Order Filing 250 NOTICE of of Filing Declaration Under Seal re: #241 Stipulation and Order. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 249 NOTICE of Notice of NCUA's Motion for Partial Summary Judgment on UBS's Due Diligence and Reasonable Care Defenses. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 248 NOTICE of NCUA's Motion for Summary Judgment on the Notice Provision of the Illinois Blue Sky Law. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 247 NOTICE of NCUA's Motion for Summary Judgment Regarding Damages. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 246 NOTICE of NCUA's Motion for Partial Summary Judgment on Defendants' Due Diligence and Reasonable Care Defenses. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 245 NOTICE of NCUA's Motion for Summary Judgment on the Credit Union's Knowledge. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 244 NOTICE of NCUA Motion for Summary Judgment on Defendants' Limitations Defenses. Document filed by National Credit Union Administration Board. (Frederick, David)
February 5, 2016 Opinion or Order Filing 243 LETTER addressed to Judge Denise L. Cote from Robert A. Fumerton dated February 5, 2016 re: Defendants' Motion for Partial Summary Judgment on the Proper Calculation of Prejudgment Interest. Document filed by UBS Securities, LLC.(Fumerton, Robert)
February 3, 2016 Opinion or Order Filing 242 STIPULATION AND PRETRIAL SCHEDULING ORDER.... (Signed by Judge Denise L. Cote on 2/3/2015) (gr)
February 1, 2016 Opinion or Order Filing 241 STIPULATION AND ORDER RE: SUMMARY JUDGMENT SCHEDULED... (Signed by Judge Denise L. Cote on 2/1/2016) (gr)
January 28, 2016 Opinion or Order Filing 240 ORDER: NCUA and Defendants Morgan Stanley & Co., Inc. and Saxon Asset Securities Co. (Morgan Stanley) have reached settlement in NCUA v. Morgan Stanley & Co., Inc., No. 13cv2418 (D. Kan.) and NCUA v. Morgan Stanley & Co., Inc., No. 13cv6705 (S.D.N.Y.). On January 6, 2016, NCUA and Morgan Stanley jointly moved for the entry of a contribution bar order barring claims by other defendants and other alleged tortfeasors against Morgan Stanley for contribution or indemnity in connection with two certificates also at issue in NCUA v. RBS Securities, Inc., No. 11cv5887 (C.D. Cal.), NCUA v. Credit Suisse Securities (USA) LLC, No. 12cv2648 (D. Kan.), and NCUA v. RBS Securities, Inc., No. 11cv2340 (D. Kan.). The Court approved a nearly identical bar order between NCUA and Barclays in an Opinion and Order dated December 4, 2015.Opposition to the January 6 motion for a bar order was due on January 22. No opposition was filed. Accordingly, for the reasons stated in the Courts Opinion and Order of December 4, 2015, it is hereby ORDERED that NCUA and Morgan Stanleys January 6, 2016 motion for a bar order is granted. The bar order shall be issued separately. (Signed by Judge Denise L. Cote on 1/28/2016) (gr)
January 22, 2016 Opinion or Order Filing 239 ORDER granting #238 Motion for Scott Kelly Attaway to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
January 21, 2016 Opinion or Order Filing 238 MOTION for Scott Kelly Attaway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11865212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A - DC Certificate of Good Standing, #2 Exhibit B - MA Certificate of Good Standing, #3 Text of Proposed Order)(Attaway, Scott)
January 21, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #238 MOTION for Scott Kelly Attaway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11865212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 12, 2016 Opinion or Order Filing 237 ORDER granting #236 Motion for Leslie V. Pope to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
January 11, 2016 Opinion or Order Filing 236 MOTION for Leslie V. Pope to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11823204. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Pope, Leslie)
January 11, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #236 MOTION for Leslie V. Pope to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11823204. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 7, 2016 Opinion or Order Filing 235 NOTICE of Withdrawal of Appearance of Gary J. Hacker as Counsel. Document filed by UBS Securities, LLC. (Hacker, Gary)
January 7, 2016 Opinion or Order Filing 234 ORDER NCUA and Defendants Morgan Stanley & Co., Inc. and Saxon Asset Securities Co. have reached settlement in NCUA v. Morgan Stanley & Co., Inc., No. 13cv2418 (D. Kan.) and NCUA v. Morgan Stanley & Co., Inc., No. 13cv6705 (S.D.N.Y.). On January 6, 2016, NCUA and Morgan Stanley jointly moved for the entry of a contribution bar order barring claims by other defendants and other alleged tortfeasors against Morgan Stanley for contribution or indemnity in connection with two certificates also at issue in NCUA v. RBS Securities, Inc., No. 11cv5887 (C.D. Cal.), NCUA v. Credit Suisse Securities (USA) LLC, No. 12cv2648 (D. Kan.), and NCUA v. RBS Securities, Inc., No. 11cv2340 (D. Kan.). Accordingly, it is hereby ORDERED that the movants shall serve copies of the motion, supporting papers, and proposed order on American Home Mortgage Assets LLC by January 8, 2016. IT IS FURTHER ORDERED that any opposition to this motion shall be submitted by January 22. Any reply by NCUA and Morgan Stanley shall be submitted by January 29. (Signed by Judge Denise Cote on 1/7/2016) (gf)
December 16, 2015 Opinion or Order Filing 233 ORDER granting #232 Motion for Randall P. Ewing, Jr. to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
December 15, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #232 MOTION for Randall P. Ewing, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11734880. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
December 14, 2015 Opinion or Order Filing 232 MOTION for Randall P. Ewing, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11734880. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ewing, Randall)
December 2, 2015 Opinion or Order Filing 231 ORDER: On September 18, 2015, the Court ordered that the parties to this action schedule mediation or settlement sessions to take place no later than October 30. This action is scheduled to proceed to trial on June 20, 2016. It is hereby ORDERED that the parties shall, by December 18, jointly file a further update on the status of mediation or settlement discussions in this matter, including the dates on which they are scheduled to continue any settlement discussions. (Signed by Judge Denise L. Cote on 12/2/2015) (gr)
November 16, 2015 Opinion or Order Filing 230 NOTICE OF APPEARANCE by Andrew Edward Goldsmith on behalf of National Credit Union Administration Board. (Goldsmith, Andrew)
November 3, 2015 Opinion or Order Filing 229 ORDER: NCUA and Barclays Capital, Inc. (Barclays) have reached settlement in NCUA v. Barclays Capital, Inc., No. 12cv2631 (D. Kan.) and NCUA v. Barclays Capital, Inc., No. 13cv6727 (S.D.N.Y.). On November 2, 2015, NCUA and Barclays jointly moved for the entry of a contribution bar order barring claims by other defendants and other alleged tortfeasors against Barclays for contribution or indemnity in connection with two certificates also at issue in NCUA v. RBS Securities, Inc., No. 11cv2340 (D. Kan.) and NCUA v. Goldman, Sachs & Co., No. 11cv6521 (C.D. Cal.). It is hereby ORDERED that any opposition to this motion shall be submitted by November 13. Any reply by NCUA and Barclays shall be submitted by November 20. IT IS FURTHER ORDERED that the parties opposition and reply papers on this issue shall be submitted to all three of our Courts. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 11/3/2015) (gr)
October 30, 2015 Opinion or Order Filing 228 ORDER: The goals of the coordination of these actions having been largely achieved, it is hereby ORDERED that the parties are no longer required to submit discovery disputes or requests for a modification of a deadline contained in the Master Discovery Protocol to any court other than that court or courts directly affected by the dispute or modification request. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 10/30/15) (tg)
October 28, 2015 Opinion or Order Filing 227 ORDER granting #226 Motion for John C. Craig to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
October 27, 2015 Opinion or Order Filing 226 MOTION for John C. Craig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11554974. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A Certificates of Good Standing, #2 Exhibit B Proposed Order)(Craig, John)
October 27, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #226 MOTION for John C. Craig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11554974. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 22, 2015 Opinion or Order Filing 225 ORDER: On October 21, 2015, NCUA submitted an application to our three Courts requesting that Goldman, Sachs & Co. be precluded, pursuant to Federal Rule of Evidence 37, from using portions of the testimony of their expert witness Christopher M. James (James) to support a loss causation defense. NCUA enclosed excerpts from Jamess August 14 and October 16 expert reports with that application. On October 22, our three Courts ordered that any responsive submission be made by October 23 at 5:00 p.m. EDT. It is hereby ORDERED that any responsive submission shall be accompanied by copies of the complete August 14 and October 16 expert reports. ((Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 10/22/15) (tg)
October 22, 2015 Opinion or Order Filing 224 ORDER: On October 21, 2015, NCUA submitted an application to our three Courts requesting that Goldman Sachs be precluded from using previously undisclosed expert opinions to support any loss causation defense. It is hereby ORDERED that any responsive submissions shall be filed by October 23, 2015, at 5:00 p.m. EDT. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 10/22/15) (tg)
October 20, 2015 Opinion or Order Filing 223 ORDER: On October 19, 2015, UBS submitted an application to our Courts requesting that NCUA be ordered to produce certain documents for which it has asserted the attorney-client privilege and/or the work product doctrine, on the ground that the documents are relevant to an equitable estoppel issue for reinstated Certificates in the Kansas action. It is hereby ORDERED that any responsive submissions shall be filed by October 21, 2015, at 5:00 p.m. EDT. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 10/20/15) (tg)
October 19, 2015 Opinion or Order Filing 222 LETTER MOTION to Compel NCUA to Produce Documents addressed to Judge Denise L. Cote from Robert A. Fumerton dated October 19, 2015. Document filed by UBS Securities, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fumerton, Robert)
October 6, 2015 Opinion or Order Filing 221 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated 9/28/2015 re: Order to Produce Deposition of 30(b)(6) Witness. Document filed by UBS Securities, LLC. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B, #3 Exhibit C (Redacted), #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 (Filed Under Seal), #14 Exhibit N (Filed Under Seal))(Musoff, Scott)
October 2, 2015 Opinion or Order Filing 220 MEMO ENDORSEMENT of letter with parties' agreed-upon redactions submitted 10/02/2015. ENDORSEMENT: Granted. (Signed by Judge Denise Cote on 10/02/2015) (tg)
October 2, 2015 Opinion or Order Filing 219 ORDER: UBSs September 28, 2015 application to compel a Rule 30(b)(6) deposition and the production of certain documents is denied. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 10/02/2015) (tg)
September 30, 2015 Opinion or Order Filing 218 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 09/30/2015 re: NCUA Opposition to UBS September 28 Request for 30(b)(6) Deposition. Document filed by National Credit Union Administration Board.(Frederick, David)
September 29, 2015 Opinion or Order Filing 217 SEALED DOCUMENT placed in vault.(mps)
September 28, 2015 Opinion or Order Filing 216 ORDER: On September 28, 2015, UBS submitted an application to our three Courts requesting that NCUA be ordered to produce a deposition witness pursuant to Federal Rule of Evidence 30(b)(6) to testify to certain evidence. Accordingly, it is hereby ORDERED that any responsive submissions shall be filed by September 30, 2015, at 5:00 p.m. EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 9/28/2015) (gr)
September 28, 2015 Opinion or Order Filing 215 ENDORSED LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated 9/28/15 re: Request to File Under Seal. ENDORSEMENT: Granted. The parties shall confer and present these requests for redactions by Thursday, October 2, 2015. (Signed by Judge Denise L. Cote on 9/28/2015) (gr)
September 28, 2015 Opinion or Order Filing 214 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated 9/28/15 re: Request to File Under Seal. Document filed by UBS Securities, LLC.(Musoff, Scott)
September 28, 2015 Opinion or Order Filing 213 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated 9/28/15 re: Order to Produce Deposition of 30(b)(6) Witness. Document filed by UBS Securities, LLC. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Redacted), #5 Exhibit E (Redacted), #6 Exhibit F (Filed Under Seal), #7 Exhibit G, #8 Exhibit H (Filed Under Seal), #9 Exhibit I (Filed Under Seal), #10 Exhibit J (Filed Under Seal), #11 Exhibit K (Redacted), #12 Exhibit L, #13 Exhibit M (Filed Under Seal), #14 Exhibit N (Filed Under Seal))(Musoff, Scott)
September 18, 2015 Opinion or Order Filing 212 ORDER: The parties to these actions, to the extent they have not already done so, shall by September 25 schedule mediation or settlement sessions to take place no later than October 30. The sessions shall be attended by a principal with full settlement authority. IT IS FURTHER ORDERED that the parties shall file a report detailing their compliance with the above by September 25. IT IS FURTHER ORDERED that the trials in these matters will proceed in two tranches. Trials for cases in the first tranche will begin on June 20, 2016 and trials for cases in the second tranche will begin on September 12, 2016. IT IS FURTHER ORDERED that the cases in the first tranche of trials shall be as follows: NCUA v. Morgan Stanley & Co., Inc., et al., No. 13cv6705; NCUA v. Wachovia Capital Markets LLC, No. 13cv6719; NCUA v. Goldman, Sachs & Co., No. 13cv6721; NCUA v. UBS Securities, LLC, No. 13cv6731. IT IS FURTHER ORDERED that the cases in the second tranche of trials shall be as follows: NCUA v. Barclays Capital, Inc., No. 13cv6727; NCUA v. Credit Suisse Securities (USA) LLC, et al., No. 13cv6736. IT IS FURTHER ORDERED that, to the extent cases in the first tranche are resolved before trial, cases in the second tranche may be shifted to the first tranche. IT IS FURTHER ORDERED that the composition of the first tranche shall be finalized on March 18, 2016. (Signed by Judge Denise Cote on 9/18/15) (tg)
September 18, 2015 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 9/18/2015. (Court Reporter Jerry Harrison) (gr)
September 16, 2015 Opinion or Order Filing 211 ORDER: On September 15, 2015, Defendants RBS Securities Inc. (f/k/a Greenwich Capital Markets, Inc.) and RBS Acceptance Inc. (f/k/a Greenwich Capital Acceptance, Inc.) (collectively, RBS) notified the Court that Plaintiff National Credit Union Administration Board, as liquidating agent for Southwest Corporate Federal Credit Union and Members United Corporate Federal Credit Union (NCUA), has accepted its offer of judgment pursuant to Federal Rule of Civil Procedure 68. It is hereby ORDERED that NCUA and RBS shall confer on a schedule for resolving any motion for attorneys fees and costs and jointly propose a schedule for same by September 25, 2015. (Signed by Judge Denise L. Cote on 9/15/2015) (gr)
September 3, 2015 Opinion or Order Filing 210 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated September 3, 2015 re: schedule for trying New York and Kansas actions. Document filed by UBS Securities, LLC.(Musoff, Scott)
August 14, 2015 Opinion or Order Filing 209 ORDER.....NCUA now seeks an Order from our Courts that CS answer all of NCUAs interrogatories for the reinstated Certificates by August 28, 2015. In response, CS proposes today a schedule for rolling responses to NCUAs interrogatories on August 14, August 28, September 14, and a final production on September 30. It is hereby ORDERED that NCUA and CS shall meet and confer regarding CSs most recent proposal and bring any remaining dispute to our Courts attention by August 17, 2015, at noon EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 8/14/2015) (gr)
August 12, 2015 Opinion or Order Filing 208 ORDER: On August 12, 2015, NCUA submitted an application to our three Courts requesting that Credit Suisse be ordered to respond to interrogatories by August 28, 2015. Accordingly, it is hereby ORDERED that any responsive submissions shall be filed by August 14, 2015, at Noon EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 8/12/2015) (gr)
August 12, 2015 Opinion or Order Filing 207 ORDER granting #206 Motion for Jeremy S Newman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
August 10, 2015 Opinion or Order Filing 206 MOTION for Jeremy S Newman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11256434. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Newman, Jeremy)
August 10, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #206 MOTION for Jeremy S Newman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11256434. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 7, 2015 Opinion or Order Filing 205 STIPULATION AND ORDER: It is hereby stipulated and agreed by and among the Trustee and the parties to Barclays Kansas that the Supplemental Order shall apply to Barclays Kansas. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 8/7/2015) (tg)
July 30, 2015 Opinion or Order Filing 204 ORDER: With the following three exceptions, fact discovery closed in these actions on July 17, 2015. Since Certificates have been reinstated in the Barclays, UBS and Credit Suisse actions pending in Kansas, the period for fact and expert discovery in those actions has been extended. Our Courts have conferred regarding the scheduling of trials in each of these actions. (See Order) (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 7/30/2015) (gr)
July 30, 2015 Opinion or Order Set Hearing: Pretrial Conference set for 9/18/2015 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr)
July 13, 2015 Opinion or Order Filing 203 ORDER....On July 9, RBS applied to our Courts to take the Barclays deposition on August 5, outside the discovery cutoff date. Early on July 11, RBS advised NCUA and our Courts that it was withdrawing its request to take the deposition in August, and that RBS and Barclays had agreed on a date for the deposition to occur before July 17. Shortly thereafter, RBS served a deposition notice identifying the date for the deposition as July 14. NCUA contends that it cannot reasonably prepare for the deposition in one business day. Considering issues of diligence, reasonable notice, and convenience to a third-party witness, it is hereby ORDERED that the NCUA request to cancel the Barclays Rule 30(b)(6) deposition scheduled for July 14 is denied. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 7/13/2015) (gr)
July 10, 2015 Opinion or Order Filing 202 ORDER....Nomuras requests to extend the discovery cut-off date or to compel CoreLogic to respond before July 17, 2015 are denied. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 7/10/2015) (gr)
July 9, 2015 Opinion or Order Filing 201 SCHEDULING ORDER: Any responsive submissions to RBS's July 8 letter shall be filed by July 13, 2015, at 10 a.m. EDT. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 7/9/2015)(tg)
July 8, 2015 Opinion or Order Filing 200 ORDER: Nomura shall provide our Courts with copies of relevant documents by 4:00 p.m. EDT today. Nomura and CoreLogic shall meet and confer by noon EDT on July 9. In the event CoreLogic contends that it is unable to comply by July 17 or otherwise objects to the subpoenas, it shall submit to our Courts a letter by 5:00 p.m. EDT on July 9. (Signed by Judge Denise Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. O'Hara (D. Kan.) on 7/8/2015)(tg)(Gray, Timothy)
June 26, 2015 Opinion or Order Filing 199 ORDER...that RBS shall be granted an additional fifteen minutes of deposition time. Considered with our Courts Order of June 10, NCUA shall produce Loveless for a total of forty-five additional minutes of deposition. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 6/26/2015) (gr)
June 24, 2015 Opinion or Order Filing 198 IT IS HEREBY ORDERED that defendants' June 18 application for additional U.S. Central depositions is denied. (Signed by Judge Denise Cote on 6/24/15) (sr)
June 23, 2015 Opinion or Order Filing 197 ORDER...that the schedule for the New York Credit Suisse and UBS actions will remain as set forth in the MDP and the LFRP. IT IS FURTHER ORDERED that RBS' application to extend its and other parties' schedules in the California and Kansas actions is denied, and those schedules will remain as set forth in the MDP. IT IS FURTHER ORDERED that the schedule for the Kansas Credit Suisse and UBS actions shall be extended as requested by NCUA, including setting March 4, 2016, as the date for the exchange of opening expert reports, and September 30, 2016, as the date by which summary judgment motions will be fully submitted. The separate schedules pertaining to the Credit Suisse and UBS New York and Kansas actions are summarized in the tables attached to this Order. (See Attached Schedule) (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 6/24/2015) (gr)
June 23, 2015 Opinion or Order Filing 196 ORDER: On June 22, 2015, RBS submitted an application to our three Courts requesting an additional thirty minutes of deposition time with Connie Loveless (Loveless), former Chief Investment Officer of U.S. Central. Accordingly, it is hereby ORDERED that NCUA shall submit any response to RBSs June 22 application regarding additional deposition of Loveless by June 25 at 9 AM EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/23/2015) (gr)
June 22, 2015 Opinion or Order Filing 195 ORDER: On June 17, 2015, defendants requested clarification of the deadline under the Master Discovery Protocol (MDP) for their expert reports on loss causation. They seek to submit such reports on October 16. On June 22, NCUA submitted a letter opposing this request....Loss causation is an affirmative defense for which defendants bear the burden, and any loss causation expert reports are due on August 14. Defendants have not shown good cause for modifying the expert discovery deadlines. Accordingly, it is herebyORDERED that loss causation expert reports remain subject to the deadlines set forth in the MDP. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/22/2015) (gr)
June 19, 2015 Opinion or Order Filing 194 ORDER: NCUA shall submit any reply to RBS's June 18, 2015 letter regarding litigation schedules by June 23 at 9:00 AM EDT. (Signed by Judge Denise Cote on 6/19/15) (tg)
June 19, 2015 Opinion or Order Filing 193 ORDER: NCUA shall submit any reply to RBS's June 18, 2015 motion to compel additional depositions by June 23 at 9:00 AM EDT. (Signed by Judge Denise Cote on 6/19/15) (tg)
June 17, 2015 Opinion or Order Filing 192 ORDER: On June 17, 2015, Defendants submitted a letter requesting that their loss causation expert reports be due on October 16, 2015, the date currently designated for rebuttal reports. Accordingly, it is hereby ORDERED that NCUA shall submit any response to NCUAs June 17 letter by June 22 at 9:00am EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/17/2015) (gr)
June 17, 2015 Opinion or Order Filing 191 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated June 17, 2015 re: Clarification Regarding the Applicable Disclosure Deadline under the Master Discovery Protocol ("MDP") for any Loss Causation Expert Reports. Document filed by UBS Securities, LLC.(Musoff, Scott)
June 17, 2015 Opinion or Order Filing 190 LETTER addressed to Judge Denise L. Cote from Lauren A. Moskowitz dated June 17, 2015 re: requesting that the Courts enter an order adopting their (Credit Suisse and UBS) proposed schedule for the New York and Kansas actions, as set forth in Appendix A. Document filed by UBS Securities, LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E)(Kasner, Jay)
June 17, 2015 Opinion or Order Filing 189 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated June 17, 2015 re: Scheduling proposals. Document filed by National Credit Union Administration Board. (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)(Kessler, Frederick)
June 16, 2015 Opinion or Order Filing 188 ORDER...that Whittemores motion to quash is denied. IT IS FURTHER ORDERED that at least five business days in advance of the deposition NCUA shall provide Whittemore with written notice of the topics upon which it will question him at his deposition. His motion for a protective order is otherwise denied. IT IS FURTHER ORDERED that the deposition shall occur prior to July 17, 2015. Any dispute regard the scheduling of the deposition shall be presented to our Courts by June 18 pursuant to the procedure provided in 2 of the MDP. IT IS FURTHER ORDERED that disputes arising during a deposition are governed by our Order of May 8, 2015. In the event a dispute arises during the deposition that requires immediate court intervention, including a dispute over the extent to which the questions fall outside the scope of the disclosed topics, the parties may call Judge OHara or, in his absence, Judge Cote. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/16/2015) (gr)
June 10, 2015 Opinion or Order Filing 187 IT IS HEREBY ORDERED that NCUA shall produce Loveless's demand for compensation, any current or former compensation agreement between NCUA and Loveless in this matter, and any documents related to the demand and any such compensation agreement. IT IS FURTHER ORDERED that NCUA shall produce Loveless for an additional thirty minutes of deposition concerning these document(s). (Signed by Judge Denise Cote on 6/10/15) (sr)
June 10, 2015 Opinion or Order Filing 186 ORDER: On June 10, 2015, non-party James Whittemore (Whittemore) submitted a request to file under seal exhibits 6-9 to his memorandum of law in support of his motion to quash. Accordingly, it is hereby ORDERED that Whittemore is granted leave to file under seal exhibits 6-9. IT IS FURTHER ORDERED that, at the time Whittemore makes his filing, he shall email unredacted copies of the exhibits to Judge Cotes Chambers at cotenysdchambers@nysd.uscourts.gov. Judge Cote will promptly forward all submissions to the other Judges. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/10/2015) (gr)
June 10, 2015 Opinion or Order Filing 185 ORDER...that the transfer of the Whittemore motion is accepted as one made pursuant to 2 of the MDP. To the extent it has not already done so, NCUA shall promptly file its own and all of Whittemores submissions to date in each of our three districts. IT IS FURTHER ORDERED that NCUAs opposition is due June 11 at noon (EDT). IT IS FURTHER ORDERED that any reply by Whittemore is due June 15 at noon (EDT). In the normal course, discovery disputes between the parties in these Coordinated Actions have been resolved on the basis of one submission by the party raising the dispute and one responsive submission from the adverse party (or parties); generally, replies by the party raising the dispute have not been required or accepted. Because Whittemores motion is a formal motion made by a nonparty, however, he is given the opportunity to submit a reply. As Whittemores counsel entered a June 10 notice of appearance on ECF in the lead action in the Southern District of New York, No. 13cv6705 (DLC), Dkt. No. 320, Whittemores counsel shall file any reply on that docket. Judge Cote will promptly forward any submission to the other Judges. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/10/2015) (gr)
June 9, 2015 Opinion or Order Filing 184 ORDER...ORDERED that Judge OHaras ruling on RBSs June 4 request is adopted in these Coordinated Actions. RBS is permitted to file a reply, and to file it in redacted form. Having already submitted the unredacted materials to the Judges overseeing these Coordinated Actions, RBS shall forthwith file the redacted reply in the Southern District of New York. IT IS FURTHER ORDERED that the parties in these Coordinated Actions shall strictly follow the MDPs requirements regarding the filing of discovery disputes. No exception shall be made based on a partys characterization of the dispute as one that affects only an action pending in one or two of the three districts. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 6/9/2015) (gr)
June 8, 2015 Opinion or Order Filing 183 ORDER: In a June 4, 2015 letter, RBS seeks an order compelling NCUA to produce deposition transcripts and exhibits from a separate lawsuit -- Corporate America Credit Union v. Herbst, et al., No. 09cv2126 (IPJ) (N.D. Ala.) -- commenced by one of U.S. Centrals members (Corporate America Credit Union) against U.S. Centrals former officers and directors. RBS contends that the transcripts should be produced pursuant to 10(d) of the Master Discovery Protocol (MDP), and, independently, as responsive to requests for production, including Joint Request for Production No. 65. On June 8, NCUA submitted a responsive letter....For the reasons set forth in the Order, it is hereby ORDERED that RBSs June 4 letter-motion to compel is denied. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/8/2015) (gr)
June 8, 2015 Opinion or Order Filing 182 ORDER...that, should a party in the above captioned actions in the Southern District of New York wish to redact portions of a letter or letter-motion or file its accompanying exhibits under seal, the party may file the letter or letter-motion 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 or letter-motion and all the supporting exhibits. Where the exhibits exceed ten pages, the parties must follow the procedure in the Courts Individual Practices and promptly submit hard copies to Chambers. Any emailed letter or letter-motion should indicate that a redacted version of the letter or letter-motion has been filed via ECF. (Signed by Judge Denise L. Cote on 6/8/2015) (gr)
June 5, 2015 Opinion or Order Filing 181 IT IS HEREBY ORDERED that NCUA shall submit by June 8 at noon EDT any response to RBS's June 4, 2015 letter seeking an order in the Kansas and California actions compelling NCUA to produce deposition transcripts and exhibits from a separate lawsuit. (Signed by Judge Denise Cote on 6/5/15) (sr)
May 22, 2015 Opinion or Order Filing 180 STIPULATION AND ORDER REGARDING THE SCHEDULE FOR THE BARCLAYS ACTIONS. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 5/22/2015) (gr)
May 21, 2015 Opinion or Order Filing 179 ORDERED that, by May 26, UBS shall answer Interrogatory No. 11 by identifying by name those employees with ultimate responsibility for ensuring the accuracy of the identified statements in each of the Offering Documents and by describing the principal and material efforts made by each identified employee to ensure the accuracy of those statements. (Signed by Judge Denise Cote on 5/21/15) (sr)
May 20, 2015 Opinion or Order Filing 178 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated May 20, 2015 re: Response To NCUA's May 18, 2015 Letter. Document filed by UBS Securities, LLC.(Musoff, Scott)
May 20, 2015 Opinion or Order Filing 177 ORDER...that, if a motion pertaining to these coordinated actions is made in a court other than our three Courts (such as the motion discussed in NCUAs May 19 letter), the parties implicated by that motion shall convey to the judicial officer to whom the motion is assigned that our Courts stand ready and willing to accept transfer of the motion. The parties shall also convey that a transfer of the motion can be effected by transferring the motion to the Hon. Denise Cote in the Southern District of New York, whereafter it shall be ruled upon following consultation among Judge Cote, Judges Lungstrum and/or OHara, and Judge Wu. IT IS FURTHER ORDERED that promptly after any such transfer the party seeking the discovery shall file in each district in this coordinated litigation copies of the motion papers related to the dispute. IT IS FURTHER ORDERED that the parties shall also convey to the judicial officer to whom such a motion is addressed that, pursuant to the Master Discovery Protocol and a May 13, 2015 Order entered in these coordinated actions, our Courts have mechanisms in place for resolving disputes that arise both in advance of and during a deposition. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 5/20/2015) (gr)
May 19, 2015 Opinion or Order Filing 176 ORDER: On May 18, 2015, NCUA submitted a letter requesting, among other things, that UBS be ordered to respond fully to Interrogatory No. 11. Accordingly, it is hereby ORDERED that UBS shall submit any response to NCUAs May 18 letter by May 20. (Signed by Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 5/19/2015) (gr)
May 18, 2015 Opinion or Order Filing 175 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated May 18, 2015 re: UBS's Interrogatory Responses. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Kessler, Frederick)
May 13, 2015 Opinion or Order Filing 174 ORDER: On May 8, 2015, NCUA submitted a letter concerning Goldman Sachs & Co.s (Goldman) interpretation of 10(d) of the Master Discovery Protocol (MDP) entered in these coordinated actions....Accordingly, it is hereby ORDERED that in depositions in these coordinated actions there shall be no speaking objections, no coaching of a witness, no instructing a witness to wait while material produced pursuant to 10(d) is consulted, and no instructing a witness not to answer (except as provided in Fed. R. Civ. P. 30(c)(2)).IT IS FURTHER ORDERED that the parties shall confer and attempt to reach agreement on the ground rules for questioning a deponent about a document that was the subject of testimony in that witnesss prior deposition(s). IT IS FURTHER ORDERED that, during a deposition, should a dispute arise that requires immediate court intervention, the parties may contact the Chambers of Magistrate Judge OHara, (913) 735-2280, and, in his absence, the Chambers of Judge Cote, (212) 805-0202, for resolution of the dispute. (Signed by Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 5/13/2015) (gr)
May 11, 2015 Opinion or Order Filing 173 ORDER: On May 8, 2015, NCUA submitted a letter concerning Goldman Sach's interpretation of 10(d) of the Master Discovery Protocol. Accordingly, it is hereby ORDERED that Goldman Sachs shall submit any response to NCUAs May 8 letter by May 12 at 12:00pm EDT. (Signed by Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 5/11/2015) (gr)
April 23, 2015 Opinion or Order Filing 172 NOTICE OF CHANGE OF ADDRESS by Sarah Bender-Nash on behalf of UBS Securities, LLC. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, 4 Times Square, New York, New York, USA 10036, 212-735-3000. (Bender-Nash, Sarah)
April 23, 2015 Opinion or Order Filing 171 NOTICE OF APPEARANCE by Robert Alexander Fumerton on behalf of UBS Securities, LLC. (Fumerton, Robert)
April 23, 2015 Opinion or Order Filing 170 NOTICE OF APPEARANCE by Sarah Bender-Nash on behalf of UBS Securities, LLC. (Bender-Nash, Sarah)
April 20, 2015 Opinion or Order Filing 169 IT IS HEREBY ORDERED that RBS shall, by May 1, disclose to NCUA the loans other than the NCUA Sample Loans and the loans within the Harborview 2007-4 securitization that it intends to reunderwrite, identify the securitizations from which they are drawn, and state the purpose of the reunderwriting. See document for further orders. (Signed by Judge Denise Cote on 4/20/15) (sr)
April 16, 2015 Opinion or Order Filing 168 ORDER: IT IS HEREBY ORDERED that RBS shall submit any response to NCUA's April 15 letter by April 20 at 10:00am EDT. (Signed by Judge Denise Cote on 4/16/15) (sr)
March 31, 2015 Opinion or Order Filing 167 ORDER...RBS shall, by April 10, 2015, disclose to NCUA the loans other than the Sampled Loans that it intends to reunderwrite, identify the securitizations from which they are drawn, and state the purpose of the reunderwriting.IT IS FURTHER ORDERED that RBS shall, by April 10, 2015, produce any of the loan files for such loans that are in its possession and any associated underwriting guidelines, and shall promptly produce thereafter such loan files and guidelines as it obtains them. IT IS FURTHER ORDERED that RBS shall, by May 16, 2015, provide notice of the specific loans that will be the subject of its affirmative expert reports, and explain the method it used for the selection of these loans. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 3/31/2015) (gr)
March 27, 2015 Opinion or Order Filing 166 ORDER: it is hereby ORDERED that RBS's March 24 requests are denied. (Signed by Judge Denise Cote on 3/27/15) (sr)
March 27, 2015 Opinion or Order Filing 165 ORDER: On March 27, 2015, NCUA submitted a letter requesting that RBS be ordered (1) to promptly disclose the universe of loans it intends to re-underwrite, the securitizations they will be drawn from, how those loans will be selected, and for what purpose; (2) to promptly produce any such loan files within RBSs possession, custody, or control; and (3) to identify on or before May 16 the specific loans that will be the subject of its affirmative expert reports. Accordingly, it is hereby ORDERED that RBS shall submit any response to NCUAs March 27 letter by March 30 at 5:00pm EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 3/27/2015) (gr)
March 25, 2015 Opinion or Order Filing 164 ORDER: On March 24, 2015, the RBS defendants submitted a letter seeking an order compelling NCUA (1) to add eight U.S. Central custodians, and (2) to produce the remaining loan files for U.S. Central loans that underlie one of the offerings at issue in the Los Angeles action. In a separate letter of March 24, the RBS defendants request that Exhibits 4, 19, and 23 to its initial letter be filed under seal. Accordingly, it is hereby ORDERED that NCUA shall submit any response to the RBS defendants initial March 24 letter by March 27 at 9:00am EDT. IT IS FURTHER ORDERED that the RBS defendants request to file Exhibits 4, 19, and 23 under seal is granted. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/25/2015) (gr)
March 23, 2015 Opinion or Order Filing 163 ORDER: In a request of March 18, made by RBS on behalf of all defendants in these coordinated actions, RBS requests that NCUA be ordered to provide certain information that is related to the NCUA damages calculations in these actions....In its response of March 20, NCUA explains that on March 17 it offered to work cooperatively with the defendants to identify and discuss the relevant fields in the spreadsheet and related documents. It also represents that it has already provided the confirmation in writing that RBS requests. Accordingly, it is hereby ORDERED that the parties shall meet and confer in good faith to resolve any outstanding dispute regarding how to read the Barclays spreadsheet or any other spreadsheet produced by a party in this litigation. IT IS FURTHER ORDERED that RBS will identify to NCUA its reasons for believing that the prior confirmations given by NCUA are inadequate and that NCUA will promptly cure any deficiency. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/23/2015) (gr)
March 19, 2015 Opinion or Order Filing 162 ORDER: it is hereby ORDERED that, by March 26, Goldman Sachs shall identify to NCUA (1) any CDO lawsuit involving any of the RMBS in these coordinated actions in which Goldman Sachs or one of its officers or employees was a party; (2) the extent to which a Goldman Sachs entity was a sponsor or underwriter of the RMBS in that CDO lawsuit; (3) the identity of any deponents in that CDO lawsuit who is also a custodian in these coordinated actions; and (4) the number of any additional Goldman Sachs deponents in that CDO lawsuit. IT IS FURTHER ORDERED that the parties shall meet and confer with each other following the March 26 disclosure and may bring any remaining dispute to the attention of our Courts by following the procedures in the MDP. (Signed by Judge Denise Cote on 3/19/15) (sr)
March 19, 2015 Opinion or Order Filing 161 ORDER: On March 18, 2015, the RBS defendants submitted a letter seeking an order compelling NCUA to provide certain discovery concerning its claimed damages. In a separate letter of March 18, the RBS defendants request that Exhibits A-C to its initial letter be filed under seal. Accordingly, it is hereby ORDERED that NCUA shall submit any response to the RBS defendants initial March 18 letter by March 23 at noon EDT. IT IS FURTHER ORDERED that the RBS defendants request to file Exhibits A-C under seal is granted. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/19/2015) (gr)
March 18, 2015 Opinion or Order Filing 160 ORDER: On March 17, 2015, NCUA submitted a letter requesting that defendant Credit Suisse be ordered (1) to promptly disclose the quantity of loans it intends to re-underwrite, the securitizations they back, and the method by which and purpose for which they are being selected; and (2) to identify by May 16 each specific loan it intends to re-underwrite for purposes of its expert reports. Also on March 17, Credit Suisse submitted a response letter requesting that NCUAs request be denied as premature because the parties have not yet completed the meet and confer process expressly contemplated by k of the April 9, 2014 Loan File Re-underwriting Protocol. Having reviewed both letters, it is hereby ORDERED that NCUA and Credit Suisse shall meet and confer regarding all of the issues raised in their March 17 letters and shall jointly submit a status report by Monday, March 23 at noon EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/18/2015) (gr)
March 17, 2015 Opinion or Order Filing 159 ORDER: On March 17, 2015, NCUA submitted a letter requesting that defendant Credit Suisse be ordered (1) to promptly disclose the quantity of loans it intends to re-underwrite, the securitizations they back, and the method by which and purpose for which they are being selected; and (2) to identify by May 16 each specific loan it intends to re-underwrite for purposes of its expert reports. Accordingly, it is hereby ORDERED that Credit Suisse shall submit any response to NCUAs letter by March 20 at 10am EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 3/17/2015) (gr)
March 17, 2015 Opinion or Order Filing 158 ORDER: On March 16, 2015, NCUA submitted a letter requesting that Goldman Sachs be ordered (1) to produce eight particular deposition transcripts from two cases involving collateralized debt obligation (CDOs) without attaching certain conditions to that production; (2) to identify other deponents in those two cases; and (3) to identify other CDO cases involving any of the residential mortgage backed securities in these coordinated actions. Accordingly, it is hereby ORDERED that Goldman Sachs shall submit any response to NCUAs letter by March 19 at 10am EDT. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/17/2015) (gr)
March 16, 2015 Opinion or Order Filing 157 ORDER....that Credit Suisse shall respond to NCUAs First Set of Interrogatories within 14 days by providing the information in the form requested by each interrogatory, for instance by securitization, by loan pool, or by loan. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/16/2015) (gr)
March 12, 2015 Opinion or Order Filing 156 ORDER re: (141 in 1:13-cv-06736-DLC) Letter, filed by National Credit Union Administration Board: IT IS HEREBY ORDERED that Credit Suisse shall submit any response to NCUA's letter by March 16 at 10am EDT. (Signed by Judge Denise Cote on 3/12/15) (sr)
March 10, 2015 Opinion or Order Filing 155 ORDER: On March 6, 2015, pursuant to (g) of the Loan File Reunderwriting Protocol in these coordinated actions, the parties submitted a status report as to identification and production by Defendant Groups and third-parties of Loan Files and Guidelines for the Sampled Loans, and as to the status of... stipulations.....ORDERED that, by March 13, the parties in the actions involving in the Novastar Defendant Group shall submit a more detailed status report describing the efforts to collect loan files for the Sampled Loans and any remaining hurdles that must be overcome to complete that collection effort.IT IS FURTHER ORDERED that, by March 13, the parties in the actions involving in the Nomura Defendant Group shall submit a more detailed status report describing their efforts to confer regarding loan file stipulations proposed to the Nomura Defendant Group by NCUA. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 3/10/2015) (gr)
March 5, 2015 Opinion or Order Filing 154 INTERNET CITATION NOTE: Material from decision with Internet citation re: #115 Memorandum & Opinion. (vf)
February 27, 2015 Opinion or Order Filing 153 MEMO ENDORSEMENT granting #151 Motion to Withdraw as Attorney. Attorney Michael Mulvania terminated. (Signed by Judge Denise L. Cote on 2/26/2015) (gr)
February 26, 2015 Opinion or Order Filing 152 DECLARATION of Michael N. Mulvania in Support re: #151 MOTION for Michael N. Mulvania to Withdraw as Attorney .. Document filed by National Credit Union Administration Board. (Wollmuth, David)
February 26, 2015 Opinion or Order Filing 151 MOTION for Michael N. Mulvania to Withdraw as Attorney . Document filed by National Credit Union Administration Board. (Attachments: #1 Text of Proposed Order)(Wollmuth, David)
January 15, 2015 Opinion or Order Filing 150 ORDER....the present requests for an extension of time to submit expert rebuttal reports, as well as for oral argument, are denied. (Signed by Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 1/15/2015) (gr)
January 14, 2015 Opinion or Order Filing 149 JOINT LETTER MOTION for Extension of Time re: Expert Rebuttal Deadline addressed to Judge Denise L. Cote from James P. Rouhandeh dated January 14, 2015. Document filed by UBS Securities, LLC.(Rouhandeh, James)
December 18, 2014 Opinion or Order Filing 148 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Group AG, Corporate Parent UBS Americas Inc. for UBS Securities, LLC. Document filed by UBS Securities, LLC.(Musoff, Scott)
December 15, 2014 Opinion or Order Filing 147 ANSWER to #142 Amended Complaint,. Document filed by UBS Securities, LLC.(Musoff, Scott)
December 12, 2014 Opinion or Order Filing 146 ORDER: It is hereby ordered that the next status report under the Loan File Reunderwriting Protocol is due by January 9, 2015. Subsequent status reports are due every four weeks thereafter. (Signed by Judge Denise Cote on 12/12/14) (sr)
December 1, 2014 Opinion or Order Filing 145 ORDER...that NCUA shall advise our Courts by December 10, 2014, whether ResCap has made a commitment to NCUA to produce all of the requested loan files on a rolling basis, with the final production occurring no later than January 30, 2015. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 12/1/2014) (gr)
November 21, 2014 Opinion or Order Filing 144 ORDER...that the defendants November 14 request for a further document production from NCUA is denied. IT IS FURTHER ORDERED that any party may make a request for further targeted productions of documents if 1) it represents that it has substantially completed review of produced documents and uncovered material deficiencies; 2) it explains why the request is timely and could not have been made earlier; and 3)it represents that it has exhausted the meet and confer process on the issue. (Signed by Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 11/21/2014) (gr)
November 17, 2014 Opinion or Order Filing 143 STIPULATION AND ORDER...Plaintiff shall file its amended complaints, which shall be substantively identical to the versions provided to UBS, on or before November 14, 2014, and UBS shall file answer, motions or otherwise respond to the amended complaint on or before December 15, 2014..... (Signed by Judge Denise L. Cote on 11/17/2014) (gr)
November 14, 2014 Opinion or Order Filing 142 SECOND AMENDED COMPLAINT amending #88 Amended Complaint, against UBS Securities, LLC with JURY DEMAND.Document filed by National Credit Union Administration Board. Related document: #88 Amended Complaint, filed by National Credit Union Administration Board.(Kessler, Frederick)
November 3, 2014 Opinion or Order Filing 141 ORDER: It is hereby ORDERED that by November 17, 2014 the plaintiff and Novastar parties shall submit a status report concerning the collection of the Novastar defendant groups sample loan files. IT IS FURTHER ORDERED that by November 17, 2014 the plaintiff and Wachovia parties shall submit a status report concerning the collection of the Wachovia defendant groups sample loan files. (Signed by Judge Denise Cote on 11/3/14) (sr)
October 31, 2014 Opinion or Order Filing 140 LETTER addressed to Judge Denise L. Cote from Gary J. Hacker dated October 31, 2014 re: Completion of Document Production. Document filed by UBS Securities, LLC.(Hacker, Gary)
October 3, 2014 Opinion or Order Filing 139 ORDER: On April 9, 2014 Master Discovery Protocol ("MDP") has been entered in these coordinated actions. Section 12(a) of the MDP required parties to make a significant document production by June 6 and to "substantially complete" their document production by October 31, 2014. The MDP is hereby amended to add the following deadlines: 1. By October 31, 2014, each party shall certify that it has substantially completed its document production. 2. Without limiting the obligations imposed by Fed.R.Civ.P. 26(e), all parties must fully supplement their Fed.R.Civ.P 26 disclosures and all discovery responses served to date by November 7, 2014. 3. In each action, the deadline by which any party may move to amend its pleadings or join additional parties is November 14, 2014. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 10/3/2014) (gr)
October 1, 2014 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote. Telephone Conference held on 10/1/2014 with Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) and the parties in these actions. (gr)
September 30, 2014 Opinion or Order Filing 138 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated September 30, 2014 re: RBS's Motion in Limine. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A)(Kessler, Frederick)
September 30, 2014 Opinion or Order Filing 137 ORDER: As to the Telephone Status Conference scheduled for October 1, 2014 at 11:00 am (Central), the dial in information has changed, but all other deadlines set forth in the September 26, 2014 Order Setting Telephone Conference remain in effect. There will be no limitation on the number of call-in lines available for this conference. All counsel who wish to participate in this telephone status conference will need the following information to join the call: the TOLL-FREE CONFERENCE NUMBER: 888-363-4749, ACCESS CODE: 2763411, and SECURITY CODE: 5555. Please dial the toll free number and you will be prompted to enter the access code and security code to join the conference. IT IS SO ORDERED. (Signed by Judge Denise L. Cote on 9/30/2014) (gr)
September 26, 2014 Opinion or Order Filing 136 ORDER: On October 1, 2014, at 11:00 a.m. (Central), with Judge Lungstrum chairing, the four undersigned judges will conduct a telephone status conference with the parties lead counsel. Beyond discovery governed by the Master Discovery Protocol in these coordinated cases, the purpose of this conference is to discuss case management issues that might be presented by the interrogatory answers of plaintiff National Credit Union Administration, as recently challenged in the RBS defendants motion in limine (e.g., ECF doc. 403 in D. Kan. Case No. 11-2340, denied by Judge Lungstrum on September 22, 2014) and as delineated in RBS's letter/filing in response to Judge Wu's Order Taking Motion in Limine Off-Calendar (see Docket Nos. 333 & 335 in C.D.Ca. Case No. 11-5887). By September 30, 2014, at 12:00 p.m. (Central), lead counsel for NCUA shall file a two-page response in all of the above-captioned cases, addressing the merits of the RBS defendants stated concerns that NCUA is improperly attempting to broaden its claims without benefit of a formal motion to amend the pleadings. Mindful that the court will only be able to allow a total of 12 call-in lines for this conference call, all lead counsel who intend to participate shall send a confirmatory e-mail addressed to Judge OHaras chambers (ksd_ohara_chambers@ksd.uscourts.gov), by September 30, 2014, at 12:00 p.m. (Central). Counsel may join the conference call by dialing (913) 735-2289. (Signed by Judge Denise Cote on 9/26/14) (SR)
September 23, 2014 Opinion or Order Filing 135 ORDER...NCUA may take up to ten fact depositions of each defendant group, except that it may take only two fact depositions of the Novastar group. These depositions are each limited to one day. IT IS FURTHER ORDERED that the defendants collectively may take up to five fact depositions of each of the four credit unions, and up to two fact depositions of NCUA. Each of these depositions is limited to one day, except that the defendants may collectively take two-day depositions of two of the deponents for each credit union. Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 9/23/2014. (gr)
September 22, 2014 Opinion or Order Filing 134 SEALED DOCUMENT placed in vault.(mps)
August 26, 2014 Opinion or Order Filing 133 STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER FOR MATERIALS PRODUCED BY THE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN, INC. (Signed by Judge Denise L. Cote on 8/26/2014) (gr)
August 15, 2014 Opinion or Order Filing 132 ORDER granting #131 Motion for Peter S. Ratner to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
August 12, 2014 Opinion or Order Filing 131 MOTION for Peter S. Ratner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9991538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Proposed Order)(Ratner, Peter)
August 12, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #131 MOTION for Peter S. Ratner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9991538. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 11, 2014 Opinion or Order Filing 130 ORDER: Having received the status report of August 8, 2014, it is herebyORDERED that NCUA and Goldman Sachs shall, by August 15, 2014, propose a schedule for resolving the objections by OneWest Bank, F.S.B., New Century Liquidating Trust, and Wells Fargo & Co. to the production of Loan Files and/or Guidelines, including dates by which any remaining objections by third parties shall be presented to the Court. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 8/11/2014) (gr)
July 16, 2014 Opinion or Order Filing 129 STIPULATION AND ORDER...UBS's Defenses Nos. 7,8,16,17,18,20,21, and 23 are dismissed with prejudice, with each Party to bear its own fees and costs; IT IS FURTHER ORDERED that UBS's defense No. 15 is dismissed.... (Signed by Judge Denise L. Cote on 7/16/2014) (gr)
July 14, 2014 Opinion or Order Filing 128 ORDER....that the parties, except any party as to whom a stay has been entered, shall jointly submit a single status report regarding the Loan File Protocol. The report may exceed two pages. It shall be accompanied by a chart indicating among other things the number of sample loans in each action, the number of loan files produced to NCUA for that sample, and the percentage produced. Where the percentage is less than 100%, the chart should indicate in whose custody it is believed that the missing loan files reside. To the extent a defendant is believed to be the custodian of a missing loan file, the defendant, except any defendant as to whom a stay has been entered, shall separately explain its failure to produce the loan file by June 27, 2014, or the date of the last status report to the Court. IT IS FURTHER ORDERED that the agreements of NCUA, Goldman Sachs, and RBS to extend the defendants time to respond to the NCUA requests for stipulations, as reflected in the NCUA letter of July 11, are approved nunc pro tunc. In the future, the parties may on consent extend the time to so stipulate with the understanding that any disagreements regarding the twenty-one day period for stipulation must be promptly brought to the Courts attention. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 7/14/2014) (gr)
July 11, 2014 Opinion or Order Filing 127 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated July 11, 2014 re: Status Of Identification And Production Of Loan Files And Guidelines For The Sampled Loans. Document filed by UBS Securities, LLC.(Musoff, Scott)
July 11, 2014 Opinion or Order Filing 126 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated July 11, 2014 re: The Production Of Third-Party Transcripts. Document filed by UBS Securities, LLC.(Musoff, Scott)
July 9, 2014 Opinion or Order Filing 125 ORDER: Some of the defendants in these related actions have pleaded an affirmative defense based on NUCA's alleged failure to name parties that may be indispensable....ORDERED that affirmative defenses asserted in the above-captioned actions based on NCUA's alleged failure to name parties that may be indispensable are hereby stricken. IT IS FURTHER ORDERED that a defendant is hereby precluded from asserting as an affirmative defense that NCUA has failed to join an indispensable party unless the defendant can demonstrate that such defense is based on subsequently acquired information, in which case a defendant must promptly advise NCUA accordingly. (Signed by Judge Denise L. Cote on 7/9/2014) (gr)
July 3, 2014 Opinion or Order Filing 124 AMENDED LETTER addressed to Judge Denise L. Cote from David C. Frederick dated July 3, 2014 re: Indispensable Parties [Corrected]. Document filed by National Credit Union Administration Board.(Kane, Ryan)
July 3, 2014 Opinion or Order Filing 123 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated July 3, 2014 re: Indispensible Parties. Document filed by National Credit Union Administration Board.(Kane, Ryan)
July 1, 2014 Opinion or Order Filing 122 ORDER....the date by which defendants must complete production of third-party transcripts is extended to July 11, 2014Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 7/1/2014(gr)
June 27, 2014 Opinion or Order Filing 121 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated 6/27/2014 re: On behalf of all Defendants to update the Courts on the production of third-party transcripts. Document filed by UBS Securities, LLC.(Rouhandeh, James)
June 24, 2014 Opinion or Order Filing 120 ANSWER to #88 Amended Complaint,. Document filed by UBS Securities, LLC.(Musoff, Scott)
June 17, 2014 Opinion or Order Filing 119 ORDER....each defendant shall disclose to NCUA by July 1, 2014, the identity of any party it contends is indispensable, and the reasons for that contention.IT IS FURTHER ORDERED that by July 22, 2014, NCUA shall amend its pleadings to join any indispensable parties. Any motion to dismiss based on a failure to join an indispensable party must be served by August 15, 2014. Opposition is due September 12, 2014; reply is due September 26, 2014.... IT IS FURTHER ORDERED that a defendant is precluded after August 15, 2014 from asserting as an affirmative defense that NCUA has failed to join an indispensable party unless the defendant can demonstrate that such defense is based on subsequently acquired information, in which case a defendant must promptly advise NCUA accordingly. (Signed by Judge Denise L. Cote on 6/17/2014) (gr)
June 17, 2014 Opinion or Order Filing 118 ORDER...the date by which defendants must complete production of third-party transcripts is extended to June 27, 2014. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/17/2014) (gr)
June 13, 2014 Opinion or Order Filing 117 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated 6/13/14 re: On behalf of all Defendants re: Order to show cause why the Courts should not set a deadline of July 11, 2014 to join other parties in these actions.. Document filed by UBS Securities, LLC.(Rouhandeh, James)
June 10, 2014 Opinion or Order Filing 116 ORDER. NCUA and Goldman Sachs shall confer regarding the least burdensome way, which is still effective, for Goldman Sachs to locate and produce the above-described documents for the relevant approximately 33% of loans underlying the securitization in question. Any remaining dispute shall be presented to the Court by June 13, 2014. IT IS FURTHER ORDERED that NCUA shall re-file its letter of June 6 without redactions. Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.)on 6/10/2014) (gr)
June 10, 2014 Opinion or Order Filing 115 OPINION & ORDER 104413. Defendant's May 5,2 014 motion to dismiss is granted as to the Securities Act claims only. (Signed by Judge Denise L. Cote on 6/10/2014) (gr) Modified on 6/11/2014 (nt).
June 6, 2014 Opinion or Order Filing 114 REPLY MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss Certain Claims In Plaintiff's Amended Complaint. . Document filed by UBS Securities, LLC. (Musoff, Scott)
June 4, 2014 Opinion or Order Filing 113 ORDER: Having reviewed the May 30 submissions...(See Order) Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) (gr) Modified on 6/4/2014 (gr).
June 2, 2014 Opinion or Order Filing 112 ORDER TO SHOW CAUSE: Some of the defendants in these related actions have presented an affirmative defense based on NCUA's alleged failure to name parties that may be indispensable. (See Order for examples). Accordingly, it is hereby ORDERED that any party may show cause by June 13, 2014 why this Court should not set a deadline of July 11, 2014 to join other parties in these actions. IT IS FURTHER ORDERED that any submissions shall be limited to a 2-page single-spaced letter. (Signed by Judge Denise L. Cote on 6/2/2014) (gr)
May 23, 2014 Opinion or Order Filing 111 DECLARATION of Wan J. Kim in Opposition re: #105 MOTION to Dismiss Certain Claims In Plaintiff's Amended Complaint.. Document filed by National Credit Union Administration Board. (Kessler, Frederick)
May 23, 2014 Opinion or Order Filing 110 MEMORANDUM OF LAW in Opposition re: #105 MOTION to Dismiss Certain Claims In Plaintiff's Amended Complaint. . Document filed by National Credit Union Administration Board. (Kessler, Frederick)
May 19, 2014 Opinion or Order Filing 109 ORDER. As per the terms of an Order of May 6, 2014, the plaintiff and defendants Morgan Stanley and Goldman Sachs were to present any remaining disputes regarding document custodians by May 16. In letters of May 16, the plaintiff advised that the parties have engaged in a meet-and-confer process and believe that additional time will benefit this process. The parties request a joint extension until 6 p.m. EST on May 30. Accordingly, it is herebyORDERED that the joint request is GRANTED. Any disputes regarding document custodians with respect to defendants Morgan Stanley and Goldman Sachs are due by 6 p.m. EST on May 30, 2014. (Signed by Judge Denise L. Cote, Coordination Judge in these NCUA Actions on 5/19/2014) (gr)
May 6, 2014 Opinion or Order Filing 108 ORDER: Having reviewed the parties May 2, 2014 submissions regarding the scope of electronic discovery and the history of their negotiations on this issue, the parties are reminded of the requirement in the April 9, 2014 Master Discovery Protocol that all parties will confer in good faith with each other whenever required by the Court to do so, and where it will promote the efficient management of the Actions. (See Order)...IT IS FURTHER ORDERED that the defendants request for additional custodians from NCUA itself is denied. (Signed by Judge Denise L. Cote, Coordination Judge in these NCUA Actions on 5/6/2014) (gr)
May 6, 2014 Opinion or Order Filing 107 ORDER: On May 5, 2014, the defendant moved to dismiss some of the claims in the Amended Complaint in this action. IT IS HEREBY ORDERED that any opposition to the motion shall be served by 5/23/2014. Any reply shall be served by 6/6/2014.At the time any Reply is served the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the U.S. Courthouse, 500 Pearl Street, New York, NY. (Signed by Judge Denise L. Cote on 5/6/2014) (gr)
May 5, 2014 Opinion or Order Filing 106 MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss Certain Claims In Plaintiff's Amended Complaint. . Document filed by UBS Securities, LLC. (Musoff, Scott)
May 5, 2014 Opinion or Order Filing 105 MOTION to Dismiss Certain Claims In Plaintiff's Amended Complaint. Document filed by UBS Securities, LLC.(Musoff, Scott)
May 5, 2014 Opinion or Order Filing 104 ORDER granting #102 Motion to Withdraw as Attorney. Attorney Peter H. Rachman terminated. (Signed by Judge Denise L. Cote on 5/5/2014) (gr)
May 2, 2014 Opinion or Order Filing 103 DECLARATION of Peter H. Rachman in Support re: #102 MOTION for Peter H. Rachman to Withdraw as Attorney .. Document filed by National Credit Union Administration Board. (Kane, Ryan)
May 2, 2014 Opinion or Order Filing 102 MOTION for Peter H. Rachman to Withdraw as Attorney . Document filed by National Credit Union Administration Board. (Attachments: #1 Text of Proposed Order)(Kane, Ryan)
April 30, 2014 Opinion or Order Filing 101 ORDER...[T]that the obligation to produce transcripts, affidavits and affirmations, as described in 10(d) of the April 9, 2014 Master Discovery Protocol, is not limited to the parties current and former employees, and does include the obligation to produce such materials from non-parties. The defendants shall provide NCUA with lists of third-party transcripts, and the parties shall confer in good faith to identify those transcripts that may be of assistance to the parties in this litigation. IT IS FURTHER ORDERED that the defendants shall complete production of the third-party transcripts under 10(d) of the April 9, 2014 Master Discovery Protocol by June 13, 2014. IT IS FURTHER ORDERED that the defendants request to remove the provision in 7(c) of the April 9, 2014 Master Discovery Protocol that previously served interrogatories shall count against the totals set forth in 7(a) is denied. The parties are reminded that any request to deviate from the Master Discovery Protocol must be supported by a showing of good cause. See Master Discovery Protocol 1. Signed by Judge Denise L. Cote, Coordination Judge in these NCUA Actions on 4/30/2014) (gr)
April 30, 2014 Opinion or Order Filing 100 ORDER RE: ADMISSION OF EXPERT STATISTICAL SAMPLING TESTIMONY. (Signed by Judge Denise L. Cote on 4/30/2014) (gr)
April 30, 2014 Opinion or Order Filing 99 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated April 30, 2014 re: NCUA's motion in limine to admit the expert report of Charles D. Cowan, Ph.D. and Defendants' proposed order submitted on April 25, 2014 in response to that motion. Document filed by UBS Securities, LLC.(Rouhandeh, James)
April 28, 2014 Opinion or Order Filing 98 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated April 28, 2014 re: Defendants' April 25, 2014 letter regarding NCUA's Motion in Limine to Admit Expert Statistical Sampling Testimony. Document filed by National Credit Union Administration Board.(Kessler, Frederick)
April 28, 2014 Opinion or Order Filing 97 STIPULATION AND ORDER: UBS Securities, LLC answer due 5/5/2014. (Signed by Judge Denise L. Cote on 4/28/2014) (gr)
April 27, 2014 Opinion or Order Filing 96 RESPONSE in Opposition to Motion re: #80 MOTION in Limine to Admit Expert Statistical Sampling Testimony. . Document filed by UBS Securities, LLC. (Rouhandeh, James)
April 25, 2014 Opinion or Order Filing 95 FILING ERROR - DEFICIENT DOCKET ENTRY(ORIGINAL FILED IN 13 Civ.6705, DOCUMENT#117)- LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated April 25, 2014 re: clarification regarding two provisions of the Master Discovery Protocol. Document filed by UBS Securities, LLC.(Rouhandeh, James) Modified on 4/28/2014 (ka).
April 22, 2014 Opinion or Order Filing 94 ORDER...[T]he parties shall continue the meet-and-confer process for the next two weeks and seek to resolve or narrow outstanding disputes as to all issues in all actions. A report shall be due by May 2, 2014. IT IS FURTHER ORDERED that defendant NovaStar shall promptly engage in this meet-and-confer process in a good faith effort to reach agreement with NCUA or to narrow any areas of disagreement by May 2, 2014. IT IS FURTHER ORDERED that the May 2, 2014 submissions shall supersede the April 18, 2014 submissions, and thus need not refer to the April 18 submissions. IT IS FURTHER ORDERED that, pursuant to the April 9, 2014 Master Discovery Protocol, all applications and disputes regarding discovery in these actions will be filed in the lead case pending in the Southern District of New York (currently 13 Civ. 6705). If the application or dispute applies to fewer than all actions, then the submission should be filed as well in the action or actions to which it applies. (Signed by Judge Denise L. Cote, Coordination Judge in these NCUA Actions on 4/22/2014) (gr) Modified on 4/22/2014 (gr).
April 22, 2014 Opinion or Order Filing 93 STIPULATION FOR EXTENSION OF DEADLINE FOR NCUA TO FILE MOTION TO STRIKE AFFIRMATIVE DEFENSES AND ORDER:...NUCA's deadline to file a motion to strike Defendants' affirmative defenses in the above-captioned action is extended to 10 (10) days after the Court issues its ruling on NCUA's pending motion to strike in the Morgan Stanley action (Signed by Judge Denise L. Cote on 4/22/2014) (gr)
April 18, 2014 Opinion or Order Filing 92 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated April 18, 2014 re: Discovery Disputes with NCUA common to all Defendants. Document filed by UBS Securities, LLC.(Rouhandeh, James)
April 18, 2014 Opinion or Order Filing 91 LETTER addressed to Judge Denise L. Cote from Scott D. Musoff dated 4/18/2014 re: Discovery Issues. Document filed by UBS Securities, LLC.(Musoff, Scott)
April 18, 2014 Opinion or Order Filing 90 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated April 18, 2014 re: Discovery Issues. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kessler, Frederick)
April 14, 2014 Opinion or Order Filing 89 ORDER: The defendant's March 25, 2014 motion to dismiss is denied as moot. (Signed by Judge Denise L. Cote on 4/14/2014) (gr)
April 11, 2014 Opinion or Order Filing 88 AMENDED COMPLAINT amending #1 Complaint against UBS Securities, LLC with JURY DEMAND.Document filed by National Credit Union Administration Board. Related document: #1 Complaint filed by National Credit Union Administration Board.(Kessler, Frederick) Modified on 4/14/2014 (jom). Modified on 4/14/2014 (laq).
April 9, 2014 Opinion or Order Filing 87 MASTER PROTECTIVE ORDER.(Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 4/9/2014) (gr)
April 9, 2014 Opinion or Order Filing 86 ORDER REGARDING PROTOCOL FOR THE PRODUCTION OF DATA. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 4/9/2014)(gr)
April 9, 2014 Opinion or Order Filing 85 ORDER REGARDING MASTER DISCOVERY PROTOCOL. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 4/9/2014)(gr)
April 9, 2014 Opinion or Order Filing 84 ORDER REGARDING LOAN FILE REUNDERWRITING PROTOCOL. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 4/9/2014)(gr)
April 9, 2014 Opinion or Order Filing 83 STIPULATION AND AGREEMENT REGARDING THE PRODUCTION FORMAT OF CERTAIN CATEGORIES OF DOCUMENTS. (Signed by Judge Denise L. Cote (S.D.N.Y.), Judge George H. Wu (C.D. Cal.), Judge John W. Lungstrum (D. Kan.), Magistrate Judge James P. OHara (D. Kan.) on 4/9/2014) (gr)
April 4, 2014 Opinion or Order Filing 82 DECLARATION of Wan J. Kim in Support re: #80 MOTION in Limine to Admit Expert Statistical Sampling Testimony.. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A)(Kessler, Frederick)
April 4, 2014 Opinion or Order Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION in Limine to Admit Expert Statistical Sampling Testimony.. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kessler, Frederick)
April 4, 2014 Opinion or Order Filing 80 MOTION in Limine to Admit Expert Statistical Sampling Testimony. Document filed by National Credit Union Administration Board.(Kessler, Frederick)
April 4, 2014 Opinion or Order Filing 79 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated April 4, 2014 re: loan file re-underwriting procedures. Document filed by UBS Securities, LLC.(Rouhandeh, James)
April 4, 2014 Opinion or Order Filing 78 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 04/04/2014 re: LFRP. Document filed by National Credit Union Administration Board.(Frederick, David)
April 4, 2014 Opinion or Order Filing 77 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 04/04/2014 re: LFRP. Document filed by National Credit Union Administration Board. (Attachments: #1 Text of Proposed Order)(Frederick, David)
April 4, 2014 Opinion or Order Filing 76 STATUS REPORT. Defendants' Supplemental Submission Regarding Certain Issues Addressed at April 2, 2014 Conference Document filed by UBS Securities, LLC.(Rouhandeh, James)
April 4, 2014 Opinion or Order Filing 75 SUPPLEMENTAL BRIEF Regarding the Master Discovery Protocol. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Frederick, David)
April 2, 2014 Opinion or Order Filing 74 ORDER:A conference having been scheduled for 3:30 p.m. on April 2, 2014 in these actions, the parties are advised that the conference is expected to last one hour. Accordingly, it is hereby ORDERED that counsel shall be prepared to discuss the following issues: 1) The selection of a coordination judge, who shall act in consultation of the other judges in the related actions; 2)Whether limits on the depositions of fact witnesses should be set now or later; and 3)What the limits on fact depositions should be. (Signed by Judge Denise L. Cote on 4/2/2014) (gr)
April 2, 2014 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote. By video conference, Judge John W. Lungstrum and Magistrate Judge James O'Hara from the District of Kansas and Judge George Wu from the Central District of California : Pretrial Conference held on 4/2/2014. (Court Reporter Sabrina D'Emedio) (gr)
March 31, 2014 Opinion or Order Filing 73 ORDER: Pursuant to the March 28, 2014 submissions by the parties in these actions, it is hereby ORDERED that a conference in these actions will be held at 3:30 p.m. on Wednesday, April 2, 2014 at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. The Honorable John W. Lungstrum (D. Kansas), Chief Magistrate Judge James OHara (D. Kansas), and the Honorable George H. Wu (C.D. Cal.) will participate in the conference by video.IT IS FURTHER ORDERED that, with respect to procedures for loan file re-underwriting, the parties shall continue to meet and confer and shall submit a proposed order to the Court, with any disagreements noted, no later than Friday, April 4, 2014. (Signed by Judge Denise L. Cote on 3/31/2014) (gr)
March 31, 2014 Opinion or Order Filing 72 ENDORSED LETTER addressed to Judge Denise L. Cote from Letter on behalf of the National Credit Union Administration Board ("NCUA") dated 3/28/2014. NCUA respectfully proposes that by no later than April 18, 204, the parties will submit to the Court a report stating that they have reached an agreement as to search protocols in all New York, Kansas, and California actions, or, if necessary, setting forth any areas of agreement and areas where the parties are at impasse. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/31/2014) (gr)
March 29, 2014 Opinion or Order Filing 71 BRIEF re: #66 Letter, Proposed Master Discovery Protocol. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A - March 11, 2014 SDNY Hearing Transcript Excerpt, #2 Exhibit B - March 3, 2014 Ltr with Attachments, #3 Exhibit C - Coordination Discussion, #4 Exhibit D - Email from S. Wilcox to A. Shen on Mar 25, 2014 at 2:38pm, #5 Exhibit E - Email from S. Wilcox to A. Shen on Mar 27 at 4:15pm, #6 Exhibit F - 5/15/2012 #75 Order (FHFA v UBS 11-5201), #7 Exhibit G - 2/25/2013 452 Am Order re Depo Protocol (FHFA), #8 Exhibit H - 6/13/2012 FHFA Transcript Excerpt, #9 Exhibit I - 11/1/2012 #91 Order (FHFA v RBS 11-1383), #10 Exhibit J - 11/15/2012 FHFA Transcript Excerpt (FHFA v UBS 11-5201), #11 Exhibit K - 11/26/2012 Expert Scheduling Order, #12 Exhibit L - 2/13/2013 Revised ESO, #13 Exhibit M - 2/27/2013 Supplemental ESO, #14 Exhibit N - 7/31/2012 FHFA Transcript of Conf Excerpt)(Frederick, David)
March 29, 2014 Opinion or Order Filing 70 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 3/28/2014 re: Protective Order Across Cases. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A - March 11, 2014 SDNY Hearing Transcript Excerpt)(Frederick, David)
March 29, 2014 Opinion or Order Filing 69 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 3/28/2014 re: Extending Deadlines Regarding Search Terms, Custodians, Repositories. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A - March 11, 2014 SDNY Hearing Transcript Excerpt)(Frederick, David)
March 29, 2014 Opinion or Order Filing 68 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 3/28/2014 re: ESI Protocol. Document filed by National Credit Union Administration Board.(Frederick, David)
March 28, 2014 Opinion or Order Filing 67 STATUS REPORT. Defendants' Submission Regarding Coordination of Discovery Across Actions. Document filed by UBS Securities, LLC.(Rouhandeh, James)
March 28, 2014 Opinion or Order Filing 66 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated 3/28/2014 re: Filing of Proposed Orders. Document filed by National Credit Union Administration Board. (Attachments: #1 Text of Proposed Order Master Discovery Protocol, #2 Text of Proposed Order Protective Order, #3 Text of Proposed Order ESI Protocol, #4 Text of Proposed Order Loan File Protocol)(Frederick, David)
March 25, 2014 Opinion or Order Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Certain Claims In Plaintiff's Complaint.. Document filed by UBS Securities, LLC. (Musoff, Scott)
March 25, 2014 Opinion or Order Filing 64 MOTION to Dismiss Certain Claims In Plaintiff's Complaint. Document filed by UBS Securities, LLC.(Musoff, Scott)
March 17, 2014 Opinion or Order Filing 63 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated March 17, 2014 re: on behalf of all parties in connection with Your Honor's scheduling order dated March 12, 2014, and as a follow-up to the March 11, 2014 conference. Document filed by National Credit Union Administration Board, UBS Securities, LLC.(Rouhandeh, James)
March 17, 2014 Opinion or Order Filing 62 ORDER...[A]ny submission related to the issue of coordination among the New York, Kansas, or California actions -- including specifically the submissions to be filed in accordance with the Scheduling Order of March 11, 2014 in the New York actions -- shall be submitted concurrently to all judicial officers listed above. IT IS FURTHER ORDERED that any communication regarding any discovery dispute in the New York, Kansas, or California actions, which shall not exceed two-pages in length, shall be submitted concurrently to all judicial officers listed above. IT IS FURTHER ORDERED that, unless otherwise specified (e.g., the two-page limit on discovery disputes), the parties shall file the aforementioned papers in accordance with the individual practices of each judicial officer. (Signed by Judge Denise L. Cote on 3/17/2014) (gr)
March 12, 2014 Opinion or Order Filing 61 SCHEDULING ORDER:Pursuant to the conference held on March 11, 2014, the following schedule shall govern the further conduct of pretrial proceedings in these cases:1.Following the Opinion of January 22, 2014 granting in part the motion to dismiss filed by defendants Morgan Stanley et al. in 13 Civ. 6705, defendant Wachovia Capital Markets, n/k/a Wells Fargo Securities, filed a motion to dismiss in 13 Civ. 6719 on February 5. In an Order of February 7, the motion was stayed, along with all motion to dismiss practice by the remaining defendants. The stay is now lifted. If any of the remaining defendants wishes to file a motion to dismiss in the listed actions, the following schedule shall apply: Motion served by March 25, 2014 (if not already done so). Opposition served by April 15, 2014. Reply served by April 25, 2014. (PLEASE SEE SCHEDULING ORDER FOR THE REST OF THE SCHEDULE AND JUDGE COTE'S PROCEDURES). (Signed by Judge Denise L. Cote on 3/11/2014) (gr)
March 10, 2014 Opinion or Order Filing 60 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated March 10, 2014 re: Response to NCUA's letter to the Court dated March 10, 2014. Document filed by UBS Securities, LLC. (Attachments: #1 Exhibit A)(Musoff, Scott)
March 10, 2014 Opinion or Order Filing 59 LETTER addressed to Judge Denise L. Cote from David C. Frederick dated March 10, 2014 re: Discovery Coordination. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kessler, Frederick)
February 27, 2014 Opinion or Order Filing 58 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - District of Kansas, be, and the same hereby is denied. (Signed by MDL Panel on 2/12/2014) (sjo)
February 25, 2014 Opinion or Order Filing 57 ORDER granting #55 Motion for Michael N. Mulvania to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
February 24, 2014 Opinion or Order Filing 56 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel for NCUA dated 2/18/2014 re: Request for permission to serve Rule 45 subpoenas. ENDORSEMENT: The defendants having advised the Court that they take no position on this application, the application is approved. (Signed by Judge Denise L. Cote on 2/21/2014) (gr)
February 20, 2014 Opinion or Order Filing 55 MOTION to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9373158. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Mulvania, Michael)
February 20, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9373158. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 19, 2014 Opinion or Order Filing 54 ORDER. The March 4, 2014 conference in these actions is rescheduled to March 11, 2014 at 10:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 2/19/2014) (gr)
February 18, 2014 Opinion or Order Filing 53 LETTER addressed to Judge Denise L. Cote from Andrew Shen dated February 18, 2014 re: Rule 45 subpoenas. Document filed by National Credit Union Administration Board.(Kane, Ryan)
February 18, 2014 Opinion or Order Filing 52 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - Southern District of New York, be, and the same hereby is denied. (Signed by MDL Panel on 2/12/2014) (sjo)
February 14, 2014 Opinion or Order Filing 51 SCHEDULING ORDER: Pursuant to the February 12, 2014 Order denying the motion to transfer the Judicial Panel on Multidistrict Litigation, a pretrial conference is scheduled for 3/4/2014 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) See Scheduling Order for Judge Cote's procedures. (Signed by Judge Denise L. Cote on 2/14/2014) (gr)
February 12, 2014 Opinion or Order Filing 50 NOTICE OF APPEARANCE by Andrew M. Hetherington on behalf of National Credit Union Administration Board. (Hetherington, Andrew)
February 10, 2014 Opinion or Order Filing 49 STIPULATED AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 2/10/2014) (gr)
February 7, 2014 Opinion or Order Filing 48 LETTER addressed to Judge Denise L. Cote from Andrew Shen dated February 7, 2014 re: Amended Protective Order. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A)(Kane, Ryan)
February 7, 2014 Opinion or Order Filing 47 ORDER. On February 5, 2014, Wachovia Capital Markets, n/k/a Wells Fargo Securities (Wells Fargo), moved to dismiss the action brought by the National Credit Union Administration Board (NCUA). NCUA v. Wachovia Capital Markets, LLC n/k/a Wells Fargo Secs., LLC, 13 Civ. 6719 (DLC). For the reasons set forth in this Order, the motion is stayed pending further order of this Court.On February 6, Wells Fargo filed a motion to dismiss. The MDL Panel has not, however, ruled on the motion to transfer. It had originally scheduled a hearing date on the motion for January 31, 2014. But that date was rescheduled to February 7 due to inclement weather in the New Orleans area. Accordingly, it is hereby ORDERED that Wells Fargos February 6, 2014 motion to dismiss, filed in 13 Civ. 6719, is stayed pending further order of this Court.IT IS FURTHER ORDERED that all motion to dismiss practice in these actions is stayed pending a ruling by the MDL Panel on the motion to transfer. If the MDL Panel denies the motion, the Court will schedule a conference with the remaining defendants to establish a schedule for the remainder of pretrial proceedings in these actions. (Signed by Judge Denise L. Cote on 2/7/2014) (gr)
January 29, 2014 Opinion or Order Filing 46 LETTER addressed to Judge Denise L. Cote from Andrew C. Shen, Esq. dated 01-29-2014 Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A)(Kane, Ryan)
January 27, 2014 Opinion or Order Filing 45 ENDORSED LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated 1/22/2014 re: Letter on behalf of defendants in response to plaintiff National Credit Union Administration's 1/17/14 letter to the Court. ENDORSEMENT: The parties shall meet and confer on these issues and report to the Court by 1/29/14. (Signed by Judge Denise L. Cote on 1/27/2014) (gr)
January 22, 2014 Opinion or Order Filing 44 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated January 22, 2014 re: Response to Plaintiff's Letter dated January 17, 2014. Document filed by UBS Securities, LLC.(Musoff, Scott)
January 17, 2014 Opinion or Order Filing 43 ENDORSED LETTER addressed to Judge Denise L. Cote from Plaintiff National Credit Union Administration Board ("NCUA") dated 1/17/2014 re: Status letter to the Court with an update on loan tape discovery in these matters. ENDORSEMENT: The defendants shall submit a responsive letter by 1/22/14. (Signed by Judge Denise L. Cote on 1/17/2014) (gr)
January 17, 2014 Opinion or Order Filing 42 LETTER addressed to Judge Denise L. Cote from Erik Haas, Esq. dated January 17, 2014 Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Ryan)
December 5, 2013 Opinion or Order Filing 41 ENDORSED LETTER addressed to Judge Denise L. Cote dated 12/4/2013 re: In accordance with the Court's November 21, 2013 Scheduling Order, the parties in the above-captioned actions write to inform the Court that they have reached agreement regarding a schedule for the production of loan tapes. The schedule is set forth in the letter. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 12/5/2013) (gr)
December 5, 2013 Opinion or Order Filing 40 NOTICE OF APPEARANCE by Andrew Chun-Yang Shen on behalf of National Credit Union Administration Board. (Shen, Andrew)
December 5, 2013 Opinion or Order Filing 39 ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff National Credit Union Administration Board dated 12/4/2013 re: Request that this Court enter the proposed Protective Order. ENDORSEMENT: In the event that the MDL Panel determines that these cases should remain before this Court, this Court will promptly communicate with the judicial officers before whom the related actions are pending. At that time, all of the parties in all actions and all presiding judges will have an opportunity to fashion a Master Protective Order, if such an Order is appropriate. Accordingly, at this time, the defendants' proposed order has been signed. (Signed by Judge Denise L. Cote on 12/5/2013) (gr)
December 5, 2013 Opinion or Order Filing 38 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 12/5/2013) (gr)
December 4, 2013 Opinion or Order Filing 37 LETTER addressed to Judge Denise L. Cote from All Parties dated December 4, 2013 re: Loan Tapes. Document filed by National Credit Union Administration Board.(Kane, Ryan)
December 4, 2013 Opinion or Order Filing 36 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated December 4, 2013 re: Proposed Protective Order. Document filed by UBS Securities, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Musoff, Scott)
December 4, 2013 Opinion or Order Filing 35 LETTER addressed to Judge Denise L. Cote from Erik Haas dated December 4, 2013 re: Confidentiality Order (corrected). Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kessler, Frederick)
December 4, 2013 Opinion or Order Filing 34 LETTER addressed to Judge Denise L. Cote from Erik Haas dated December 4, 2013 re: Confidentiality Order. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kessler, Frederick)
November 21, 2013 Opinion or Order Filing 33 SCHEDULING ORDER: Pursuant to the initial pretrial conference held on November 14, 2013, the following schedule shall govern the further conduct of pretrial proceedings in these cases excluding 13 Civ. 6707 and 13 Civ. 6730, which are stayed: (See Scheduling Order). (Signed by Judge Denise L. Cote on 11/21/2013) (gr)
November 21, 2013 Opinion or Order Filing 32 LETTER addressed to Judge Denise L. Cote from Erik Haas dated November 21, 2013 re: NCUA will not amend the complaint. Document filed by National Credit Union Administration Board.(Kessler, Frederick)
November 14, 2013 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 11/14/2013. (Court Reporters Khris Sellin and Briget Lombardozzi) (gr)
November 14, 2013 Opinion or Order Filing 31 ORDER granting #28 Motion for George A. Zelcs to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
November 8, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Frederick Reed Kessler to E-MAIL to judgments@nysd.uscourts.gov., Document No. #30 Joint Electronic Discovery Submission. This document is not filed via ECF. (ka)
November 7, 2013 Opinion or Order Filing 30 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. (Joint Electronic Discovery Submission and [Proposed] Order) Document filed by National Credit Union Administration Board.(Kessler, Frederick) Modified on 11/8/2013 (ka).
November 7, 2013 Opinion or Order Filing 29 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by National Credit Union Administration Board.(Kessler, Frederick)
November 6, 2013 Opinion or Order Filing 28 MOTION for George A. Zelcs to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9054477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A Certificates of Good Standing, #2 Exhibit B Order)(Zelcs, George)
November 6, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for George A. Zelcs to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9054477. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 31, 2013 Opinion or Order Filing 27 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm of Wollmuth Maher & Deutsch LLP is hereby substituted in place of the law firm of Zuckerman Spaeder LLP as counsel of record for plaintiff National Credit Union Administration Board, as Liquidating Agent of Southwest Corporate Federal Credit Union and Members United Corporate Federal Credit Union in the above-captioned action., Attorney David H Wollmuth,Frederick Reed Kessler,Steven Sanford Fitzgerald,Ryan Anthony Kane for National Credit Union Administration Board added. Attorney Shawn Patrick Naunton; Graeme Webster Bush and Andrew N. Goldfarb terminated. (Signed by Judge Denise L. Cote on 10/31/2013) (lmb)
October 31, 2013 Opinion or Order Filing 26 DECLARATION of Shawn P. Naunton Pursuant to Local Rule 1.4. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A - Stipulation and Order of Substitution of Counsel)(Naunton, Shawn)
October 31, 2013 Opinion or Order Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Shawn P. Naunton Pursuant to Local Civil Rule 1.4. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A - Stipulation and Order of Substitution of Counsel)(Naunton, Shawn) Modified on 10/31/2013 (db).
October 29, 2013 Opinion or Order Filing 24 ORDER granting #23 Motion for Stephen Tillery to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
October 29, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Stephen M. Tillery to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9020650. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 28, 2013 Opinion or Order Filing 23 MOTION for Stephen M. Tillery to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9020650. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit Exhibit A - Motion for Admission pro hac vice of Stephen Tillery, #2 Exhibit Exhibit B - Motion for Admission pro hac vice of Stephen Tillery)(Tillery, Stephen)
October 23, 2013 Opinion or Order Filing 22 ORDER. By letter of October 9, 2013, plaintiff National Credit Union Administration Board ("NCUA") requests that one of these nine actions -- the one brought against lead defendant Morgan Stanley & Co. ("Morgan Stanley") -- be designated the lead case for purposes of briefing any motion to dismiss. For the following reasons, the application is granted (See Order). The defendants in 13 Civ. 6705 must answer or otherwise respond to the complaint by November 13, 2013. IT IS FURTHER ORDERED that the time to answer in each of the other seven actions is stayed pending further order of this Court. IT IS FURTHER ORDERED that the motion by Goldman, Sachs & Co. et al. in 13 Civ. 6721 to compel arbitration shall be filed by November 13, 2013. IT IS FURTHER ORDERED that the conference of November 14, 2013 will proceed as scheduled in all actions except 13 Civ. 6730 (Signed by Judge Denise L. Cote on 10/23/2013) (gr)
October 23, 2013 Opinion or Order Filing 21 ORDER granting #17 Motion for Wan J. Kim to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
October 23, 2013 Opinion or Order Filing 20 ORDER granting #15 Motion for Gregory G. Rapawy to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
October 23, 2013 Opinion or Order Filing 19 ORDER granting #14 Motion for David C. Frederick to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
October 22, 2013 Opinion or Order Filing 18 LETTER addressed to Judge Denise L. Cote from Wan J. Kim dated 10/22/2013 re: Defendants' Joint Letter dated 10/17/2013. Document filed by National Credit Union Administration Board.(Naunton, Shawn)
October 22, 2013 Opinion or Order Filing 17 MOTION for Wan J. Kim to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8997031. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Kim, Wan)
October 22, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Wan J. Kim to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8997031. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 18, 2013 Opinion or Order Filing 16 LETTER addressed to Judge Denise L. Cote from James P. Rouhandeh dated October 17, 2013 re: Response To Plaintiff's October 9, 2013 Letter. Document filed by UBS Securities, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kasner, Jay)
October 18, 2013 Opinion or Order Filing 15 MOTION for Gregory G. Rapawy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8988678. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Rapawy, Gregory)
October 18, 2013 Opinion or Order Filing 14 MOTION for David C. Frederick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8987663. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Credit Union Administration Board. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Frederick, David)
October 18, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for David C. Frederick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8987663. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 18, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Gregory G. Rapawy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8988678. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 16, 2013 Opinion or Order Filing 13 STIPULATION AND ORDER, UBS Securities, LLC answer due 11/13/2013. (Signed by Judge Denise L. Cote on 10/16/2013) (gr)
October 16, 2013 Opinion or Order Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG for UBS Securities, LLC. Document filed by UBS Securities, LLC.(Kasner, Jay)
October 11, 2013 Opinion or Order Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. UBS Securities, LLC served on 10/3/2013, answer due 10/24/2013. Service was accepted by Laurie Ingram, Authorized Agent. Document filed by National Credit Union Administration Board. (Naunton, Shawn)
October 11, 2013 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Gary John Hacker on behalf of UBS Securities, LLC. (Hacker, Gary)
October 11, 2013 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of UBS Securities, LLC. (Musoff, Scott)
October 11, 2013 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of UBS Securities, LLC. (Kasner, Jay)
October 10, 2013 Opinion or Order Filing 7 ENDORSED LETTER addressed to Judge Denise L. Cote from Erik Haas dated 10/9/2013 re: Of the nine pending matters, the NCUA proposes that Morgan Stanley be designated as the lead case....Designating Morgan Stanley as the lead case would therefore promote efficiency in adjudicating the issues raised in all of the NCUA's complaints, an approach that will benefit the parties and the Court. ENDORSEMENT: The defendants shall respond to this proposal by Friday, October 18, 2013. (Signed by Judge Denise L. Cote on 10/10/2013) (gr)
October 9, 2013 Opinion or Order Filing 6 LETTER addressed to Judge Denise L. Cote from Shawn Naunton dated October 9, 2013 re: Designation of Lead Case. Document filed by National Credit Union Administration Board.(Naunton, Shawn)
October 2, 2013 Opinion or Order ***DELETED DOCUMENT. Deleted document number 4 STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding.. The document was incorrectly filed in this case. (ad)
October 1, 2013 Opinion or Order Filing 5 SCHEDULING ORDER: The initial pretrial conference in these actions will be held at 2 p.m. on November 14, 2013. [Initial Conference set for 11/14/2013 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.] (See Scheduling Order for Judge Cote's procedures.) (Signed by Judge Denise L. Cote on 10/1/2013) (gr)
October 1, 2013 Opinion or Order Filing 3 LETTER addressed to Judge Denise L. Cote from Jay Kasner dated 9/27/2013 re: UBS respectfully requests that the Court reject NCUA's relatedness designations and send the case back to the Clerk for random assignment. Document filed by UBS Securities, LLC.(gr)
September 30, 2013 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:11-cv-06739-DLC. Notice of Assignment to follow. *** Accepted after consultation with the Assignment Committee. *** (pgu)
September 30, 2013 Opinion or Order NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (pgu)
September 30, 2013 Opinion or Order Magistrate Judge James C. Francis IV is so designated. (pgu)
September 23, 2013 Opinion or Order Filing 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jom)
September 23, 2013 Opinion or Order Filing 1 COMPLAINT against UBS Securities, LLC. (Filing Fee $ 350.00, Receipt Number 465401077468)Document filed by National Credit Union Administration Board.(jom)
September 23, 2013 Opinion or Order SUMMONS ISSUED as to UBS Securities, LLC. (jom)
September 23, 2013 Opinion or Order Case Designated ECF. (jom)
September 23, 2013 Opinion or Order CASE REFERRED TO Judge Denise L. Cote as possibly related to 11-cv-6739. (jom)

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Search for this case: National Credit Union Administration Board v. UBS Securities, LLC
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Plaintiff: National Credit Union Administration Board
Represented By: Andrew N. Goldfarb
Represented By: Andrew Edward Goldsmith
Represented By: Andrew M. Hetherington
Represented By: Andrew Chun-Yang Shen
Represented By: David Charles Frederick
Represented By: David H Wollmuth
Represented By: Frederick Reed Kessler
Represented By: George A. Zelcs
Represented By: Graeme Webster Bush
Represented By: Gregory G. Rapawy
Represented By: Jeremy Samuel Newman
Represented By: John C Craig
Represented By: Leslie V. Pope
Represented By: Mark Charles Hansen
Represented By: Michael Mulvania
Represented By: Peter H. Rachman
Represented By: Peter Slatin Ratner
Represented By: Robert L. King
Represented By: Randall P. Ewing, Jr.
Represented By: Ryan Anthony Kane
Represented By: Scott K. Attaway
Represented By: Shawn Patrick Naunton
Represented By: Stephen M. Tillery
Represented By: Steven Sanford Fitzgerald
Represented By: Wan Joo Kim
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Defendant: UBS Securities, LLC
Represented By: Jay B. Kasner
Represented By: Scott D. Musoff
Represented By: Gary John Hacker
Represented By: Robert Alexander Fumerton
Represented By: Sarah Bender-Nash
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Intervenor: Mastr Adjustable Rate Mortgages Trust 2006-OA2, et al.
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