Phoenix Light SF Limited et al v. HSBC Bank USA, National Association
| Phoenix Light SF Limited, C-Bass CBO XVII Ltd., Silver Elms CDO II Limited, Blue Heron Funding V Ltd., Silver Elms CDO PLC, C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd. and Kleros Preferred Funding V PLC |
| HSBC Bank USA, National Association |
| PIMCO Europe Ltd. (Subsidiary)-London, United Kingdom |
| Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd. and Triaxx Prime CDO 2007-1, Ltd. |
| 1:2014cv10101 |
| December 23, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Sarah Netburn |
| Lorna G Schofield |
| Other Statutory Actions |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 3, 2023. A more recent docket listing may be available from PACER.
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Filing 442
MEMO ENDORSEMENT granting #440 MOTION for Jay G. Safer to Withdraw as Attorney. ENDORSEMENT Application GRANTED. The Clerk of Court is respectfully directed to terminate Mr. Safer's notifications for this matter. Attorney Jay Gerald Safer terminated. (Signed by Judge Lorna G. Schofield on 5/3/2023) (jca)
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Filing 441
MANDATE of USCA (Certified Copy) as to #439 Notice of Appeal,, filed by Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd. USCA Case Number 22-1157. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/03/2023..(nd)
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Filing 440
MOTION for Jay G. Safer to Withdraw as Attorney . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Safer, Jay)
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Filing 439
NOTICE OF APPEAL from #438 Clerk's Judgment,, #43 Memorandum & Opinion, Set Hearings,,,,,,,,,,,,,, #437 Memorandum & Opinion,. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. Filing fee $ 505.00, receipt number ANYSDC-26201938. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Maher, William)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #439 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #439 Notice of Appeal, filed by Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd. were transmitted to the U.S. Court of Appeals. (tp)
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Filing 438
CLERK'S JUDGMENT re: #437 Memorandum & Opinion in favor of HSBC Bank USA, National Association against Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited, Silver Elms CDO II Limited, Silver Elms CDO PLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 28, 2022, Defendant's motion for summary judgment is GRANTED, and Plaintiffs' motion for summary judgment is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/28/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 437
OPINION AND ORDER re: #392 MOTION for Summary Judgment filed by HSBC Bank USA, National Association. For the foregoing reasons, Defendant's motion for summary judgment is GRANTED, and Plaintiffs' motion for summary judgment is denied. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 393 and to close this case. (Signed by Judge Lorna G. Schofield on 4/27/2022) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 436
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated March 3, 2022 re: HSBC Ltr re Notice of Supplemental Authority [ECF 435]. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 435
LETTER addressed to Judge Lorna G. Schofield from Kevin M. Hodges dated February 23, 2022 re: Notice of Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1).(Uhlig, Lauren)
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Filing 434
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated February 2, 2022 re: HSBC Ltr re Notice of Supplemental Authority [ECF 433]. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 433
LETTER addressed to Judge Lorna G. Schofield from Kevin M. Hodges dated January 27, 2022 re: Notice of Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Uhlig, Lauren)
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Filing 432
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY MATTHEW B. UNDERWOOD granting #429 MOTION for Matthew B. Underwood to Withdraw as Attorney. Upon consideration of the Motion for Withdrawal of Attorney Matthew B. Underwood, and finding good cause, it is hereby ordered that: 1. The Motion is GRANTED. 2. The Clerk is ordered to reflect on the docket the termination of attorney Matthew B. Underwood as counsel of record for Defendant HSBC Bank USA, N.A. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 429 in 14 Civ. 10101 and Dkt. No. 486 in 15 Civ. 2144.. (Signed by Judge Lorna G. Schofield on 1/3/2022) (jca)
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Filing 431
ORDER granting #429 Motion to Withdraw as Attorney. Attorney Matthew Boyd Underwood terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 430
DECLARATION of Matthew B. Underwood in Support re: #429 MOTION for Matthew B. Underwood to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 429
MOTION for Matthew B. Underwood to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order).(Underwood, Matthew)
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Filing 428
LETTER addressed to Judge Lorna G. Schofield from Kevin M. Hodges dated December 6, 2021 re: Notice of Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit Phoenix Light v. U.S. Bank 2d Cir. Denial of Petition for Rehearing).(Underwood, Matthew)
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Filing 427
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated October 21, 2021 re: HSBC Notice of Supplemental Authority [ECF 426]. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 426
LETTER addressed to Judge Lorna G. Schofield from Matthew B. Underwood dated October 20, 2021 re: Notice of Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1 - Phoenix Light v. U.S. Bank 2d Cir. Summary Order).(Underwood, Matthew)
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Filing 425
ORDER granting #424 Motion to Withdraw as Attorney. Attorney John G. Moon terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 424
MOTION for John G. Moon to Withdraw as Attorney . Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd...(Moon, John)
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Filing 423
NOTICE of withdrawal as counsel of record for Triaxx. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd...(Moon, John)
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Filing 422
COUNTER STATEMENT TO #405 Rule 56.1 Statement,. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 421
REPLY MEMORANDUM OF LAW in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. and in Opposition to Defendant's Motion for Summary Judgment. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 420
***SELECTED PARTIES***COUNTER STATEMENT TO #405 Rule 56.1 Statement,. Document filed by HSBC Bank USA, National Association, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. Motion or Order to File Under Seal: #391 .(Underwood, Matthew)
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Filing 419
COUNTER STATEMENT TO #405 Rule 56.1 Statement,. Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 418
DECLARATION of Matthew B. Underwood in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 39, #2 Exhibit 40, #3 Exhibit 41, #4 Exhibit 42, #5 Exhibit 43, #6 Exhibit 44, #7 Exhibit 45, #8 Exhibit 46, #9 Exhibit 47, #10 Exhibit 48, #11 Exhibit 49, #12 Exhibit 50, #13 Exhibit 51).(Underwood, Matthew)
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Filing 417
REPLY MEMORANDUM OF LAW in Support re: #392 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment. Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 416
DECLARATION of Bruce D. Spencer PhD in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A).(Fitzgerald, Steven)
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Filing 415
***SELECTED PARTIES***DECLARATION of Sean P. McGonigle in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), C-Bass CBO XVII Ltd., Blue Heron Funding V Ltd., Silver Elms CDO PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, HSBC Bank USA, National Association. (Attachments: #1 Exhibit 12, #2 Exhibit 25, #3 Exhibit 35, #4 Exhibit 36, #5 Exhibit 37, #6 Exhibit 54)Motion or Order to File Under Seal: #391 .(McGonigle, Sean)
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Filing 414
DECLARATION of Sean P. McGonigle in Opposition re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (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, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55).(McGonigle, Sean)
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Filing 413
DECLARATION of Dr. Joseph R. Mason in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Fitzgerald, Steven)
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Filing 412
DECLARATION of Prof. Dr. Heinz-Peter Mansel in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 411
DECLARATION of Ingrid Beckles in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A).(Fitzgerald, Steven)
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Filing 410
DECLARATION of Enno Balz in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 409
***SELECTED PARTIES***DECLARATION of Mark Adelson in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), C-Bass CBO XVII Ltd., Blue Heron Funding V Ltd., Silver Elms CDO PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, HSBC Bank USA, National Association. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #391 .(Fitzgerald, Steven)
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Filing 408
DECLARATION of Mark Adelson in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A).(Fitzgerald, Steven)
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Filing 407
***SELECTED PARTIES***COUNTER STATEMENT TO #401 Rule 56.1 Statement,,. Document filed by C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), C-Bass CBO XVII Ltd., Blue Heron Funding V Ltd., Silver Elms CDO PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, HSBC Bank USA, National Association. Motion or Order to File Under Seal: #391 .(Fitzgerald, Steven)
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Filing 406
COUNTER STATEMENT TO #398 Rule 56.1 Statement. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 405
RULE 56.1 STATEMENT. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 404
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. . Document filed by C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), C-Bass CBO XVII Ltd., Blue Heron Funding V Ltd., Silver Elms CDO PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, HSBC Bank USA, National Association. Motion or Order to File Under Seal: #391 .(Fitzgerald, Steven)
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Filing 403
MEMORANDUM OF LAW in Support re: #402 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 402
CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 401
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by HSBC Bank USA, National Association, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. Motion or Order to File Under Seal: #391 .(Underwood, Matthew)
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Filing 400
***SELECTED PARTIES***DECLARATION of Fernando Acebedo in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 12, #7 Exhibit 14, #8 Exhibit 15)Motion or Order to File Under Seal: #391 .(Underwood, Matthew)
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Filing 399
***SELECTED PARTIES***DECLARATION of Matthew B. Underwood in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 30)Motion or Order to File Under Seal: #391 .(Underwood, Matthew)
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Filing 398
RULE 56.1 STATEMENT. Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 397
DECLARATION of Prof. Dr. Mathias Rohe in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 396
DECLARATION of Thomas B. Bennett in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Underwood, Matthew)
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Filing 395
DECLARATION of Fernando Acebedo in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted), #8 Exhibit 8 (Redacted), #9 Exhibit 9 (Redacted), #10 Exhibit 10 (Redacted), #11 Exhibit 11, #12 Exhibit 12 (Redacted), #13 Exhibit 13, #14 Exhibit 14 (Redacted), #15 Exhibit 15 (Redacted), #16 Exhibit 16).(Underwood, Matthew)
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Filing 394
DECLARATION of Matthew B. Underwood in Support re: #392 MOTION for Summary Judgment .. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #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 A (Pt. 1), #40 Exhibit A (Pt. 2), #41 Exhibit B, #42 Exhibit C, #43 Exhibit D).(Underwood, Matthew)
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Filing 393
MEMORANDUM OF LAW in Support re: #392 MOTION for Summary Judgment . . Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 392
MOTION for Summary Judgment . Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 391
LETTER MOTION to Seal and Redact addressed to Judge Lorna G. Schofield from Matthew B. Underwood dated September 2, 2021. Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 390
ORDER granting #389 Letter Motion for Leave to File Excess Pages. The application is GRANTED. The four agreements identified in Plaintiffs' July 12,2021, letter are excluded from the 225-page limit for exhibits. Plaintiffs may file theagreements in full and shall file a chart summarizing the most relevant portions ofthose agreements. The chart will not count toward the 225-page limit for exhibits. (Signed by Judge Lorna G. Schofield on 7/13/2021) (cf)
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Filing 389
LETTER MOTION for Leave to File Excess Pages Pursuant to Individual Rule III.B.3 addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated July 12, 2021. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 388
ORDER granting #387 Letter Motion for Leave to File Excess Pages. The application is GRANTED. In support of or in opposition to the parties' cross-motions for summary judgment (14 Civ. 10101, Dkt. No. 386; 15 Civ. 2144, Dkt. No. 437), each side shall file exhibits totaling no more than 225 pages, but without limitation as to the number of exhibits filed. The exhibits shall be excerpted to include only relevant material, but the parties may provide the Court with documents in their entirety on a CD. The seven contracts at issue and a chart summarizing the most relevant portions of those contracts are excluded from the 225-page limitation on exhibits. In support of or in opposition to the parties' cross-motions for summary judgment, each side shall file affidavits/declarations totaling no more than 50 pages. The parties may allocate the 50 pages across affidavits/declarations as they deem appropriate, so long as each side in each case does not exceed the 50-page limit. The parties shall otherwise comply with Individual Rule III.B.3. (Signed by Judge Lorna G. Schofield on 6/8/2021) (cf)
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Filing 387
LETTER MOTION for Leave to File Excess Pages Pursuant to Individual Rule III.B.3 addressed to Judge Lorna G. Schofield from George A. Borden dated June 7, 2021. Document filed by HSBC Bank USA, National Association..(Uhlig, Lauren)
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Filing 386
ORDER terminating [422 Letter Motion for Extension of Time in 15-cv-2144.] It is hereby ORDERED that the pre-motion conference scheduled for May 13, 2021, is CANCELLED. It is further ORDERED that the parties' briefing schedule for any motions to exclude experts (14 Civ. 10101, Dkt. No. 338; 15 Civ. 2144, Dkt. No. 350) is ADJOURNED sine die. It is further ORDERED that the parties in each case shall brief their summary judgment motions without regard to the other case. The previously ordered briefing schedule is AMENDED and the parties shall brief their proposed cross motions for summary judgment in each above-captioned case according to the following schedule (as further set forth in this Order.) The Clerk of Court is respectfully directed to close the motion at 15 Civ. 2144, Dkt. No. 422. (Signed by Judge Lorna G. Schofield on 5/11/2021) (cf)
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Filing 385
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated 05/10/2021 re: Plaintiffs Response to HSBCs Summary Judgment Pre-Motion Letter. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited..(Fitzgerald, Steven)
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Filing 384
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated 05/10/2021 re: Plaintiffs Response to HSBCs Daubert Pre-Motion Letter. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited..(Fitzgerald, Steven)
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Filing 383
LETTER addressed to Judge Lorna G. Schofield from George Borden dated May 5, 2021 re: Pre-Motion Letter re: Exclusion of Plaintiffs' Experts. Document filed by HSBC Bank USA, National Association..(Weiss, Noah)
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Filing 382
LETTER addressed to Judge Lorna G. Schofield from George Borden dated May 5, 2021 re: Pre-Motion Letter re: Summary Judgment. Document filed by HSBC Bank USA, National Association..(Weiss, Noah)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Noah Malachai Weiss to RE-FILE Document #380 LETTER MOTION for Conference Pre-Motion Letter re Exclusion of Plaintiffs' Experts addressed to Judge Lorna G. Schofield from George Borden dated May 5, 2021., #381 LETTER MOTION for Conference Pre-Motion Letter re Summary Judgment addressed to Judge Lorna G. Schofield from George Borden dated May 5, 2021. Use the event type Letter found under the event list Other Documents. (ldi)
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Filing 381
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Pre-Motion Letter re Summary Judgment addressed to Judge Lorna G. Schofield from George Borden dated May 5, 2021. Document filed by HSBC Bank USA, National Association..(Weiss, Noah) Modified on 5/7/2021 (ldi).
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Filing 380
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Pre-Motion Letter re Exclusion of Plaintiffs' Experts addressed to Judge Lorna G. Schofield from George Borden dated May 5, 2021. Document filed by HSBC Bank USA, National Association..(Weiss, Noah) Modified on 5/7/2021 (ldi).
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Filing 379
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated May 5, 2021 re: Plaintiffs' Pre-Motion Letter Concerning Daubert Motions. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 378
LETTER addressed to Judge Lorna G. Schofield from Steven S. Fitzgerald dated May 5, 2021 re: Plaintiffs' Anticipated Cross-Motion for Summary Judgment. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited..(Fitzgerald, Steven)
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Filing 377
ORDER: It is hereby ORDERED that the pre-motion conference is ADJOURNED to May 13, 2021, at 10:40 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. (As further set forth in this Order.) ( Telephone Conference set for 5/13/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/28/2021) (cf)
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Filing 376
ORDER: WHEREAS, a pre-motion conference is scheduled for April 29, 2021, at 10:40 a.m. 14 Civ. 10101, Dkt. No. 375; 15 Civ. 2144, Dkt. No. 424. It is hereby ORDERED that the pre-motion conference is ADJOURNED to April 29, 2021, at 10:50 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. (Signed by Judge Lorna G. Schofield on 4/26/2021) ( Telephone Conference set for 4/29/2021 at 10:50 AM before Judge Lorna G. Schofield.) (ks)
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Filing 375
ORDER: It is hereby ORDERED that a pre-motion conference will occur on April 29, 2021, at 10:40 a.m., to discuss the parties anticipated cross-motions for summary judgment and motions to exclude experts. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 55833333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. (As further set forth in this Order.) ( Telephone Conference set for 4/29/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/15/2021) (cf)
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Filing 374
AMENDED ANSWER to #53 Amended Complaint,,. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit Attachment 1 - Explanatory Letter, #2 Exhibit Attachment 2 - Feb. 16, 2021 Opinion and Order).(Weiss, Noah)
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Filing 373
OPINION & ORDER re: #361 MOTION to Amend/Correct #62 Answer to Amended Complaint , filed by HSBC Bank USA, National Association. HSBC's motion to amend its Answer is GRANTED in part. It may amend its Answer to add its champerty defense. The motion to add impossibility, impracticability, and frustration of purpose defenses, however, is DENIED. Respectfully, the Clerk of Court is directed to terminate the motion at ECF No. 361. (Signed by Magistrate Judge Sarah Netburn on 2/16/2021) (ras)
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Filing 372
ORDER granting #370 Motion to Withdraw as Attorney. (Attorney Maximilian Clay Gibbons terminated.) (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 371
DECLARATION of Maximilian Clay Gibbons in Support re: #370 MOTION for Maximilian Clay Gibbons to Withdraw as Attorney for Plaintiffs.. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Gibbons, Maximilian)
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Filing 370
MOTION for Maximilian Clay Gibbons to Withdraw as Attorney for Plaintiffs. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Text of Proposed Order).(Gibbons, Maximilian)
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Filing 369
MEMO ENDORSEMENT on re: (412 in 1:15-cv-02144-LGS-SN) Letter, filed by Graeme W. Bush, National Credit Union Administration Board, (366 in 1:14-cv-10101-LGS-SN) Letter,, filed by Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd. Plaintiffs' request to extend by 60 days the deadline to serve expert reports is Granted. The deadline to complete expert discovery is extended to May 7, 2021. So Ordered (Expert Discovery due by 5/7/2021.) (Signed by Magistrate Judge Sarah Netburn on 9/28/2020) (js)
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Filing 368
REPLY MEMORANDUM OF LAW in Support re: #361 MOTION to Amend/Correct #62 Answer to Amended Complaint . . Document filed by HSBC Bank USA, National Association..(Underwood, Matthew)
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Filing 367
LETTER addressed to Magistrate Judge Sarah Netburn from Noah Weiss dated September 18, 2020 re: Response to Plaintiffs' September 16, 2020 Letter re: Extension for Expert Reply Reports. Document filed by HSBC Bank USA, National Association..(Weiss, Noah)
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Filing 366
LETTER addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated September 16, 2020 re: Extension for Expert Reply Reports. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Attaway, Scott)
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Filing 365
MEMORANDUM OF LAW in Opposition re: #361 MOTION to Amend/Correct #62 Answer to Amended Complaint . . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 364
ORDER granting #363 Letter Motion for Extension of Time. Plaintiffs' opposition to HSBC's motion shall be due by August 28, 2020. HSBC's reply is due by September 18, 2020. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 363
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Steven S. Fitzgerald dated August 5, 2020. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC..(Fitzgerald, Steven)
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Filing 362
MEMORANDUM OF LAW in Support re: #361 MOTION to Amend/Correct #62 Answer to Amended Complaint . . Document filed by HSBC Bank USA, National Association..(Weiss, Noah)
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Filing 361
MOTION to Amend/Correct #62 Answer to Amended Complaint . Document filed by HSBC Bank USA, National Association..(Weiss, Noah)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 6/25/2020. (ras)
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Filing 360
ORDER: In light of the public health crisis, the settlement conference scheduled for Thursday, June 25, 2020, at 10:00 a.m. will be conducted telephonically rather than in person. The Court will provide dial-in information by e-mail in advance of the conference. SO ORDERED. (Telephone Conference set for 6/25/2020 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/26/2020) (rro)
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Filing 359
ORDER granting #358 Motion to Withdraw as Attorney. Attorney Niraj Jayant Parekh terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 358
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Niraj J. Parekh to Withdraw as Attorney . Document filed by Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ). (Attachments: #1 Declaration of Niraj J. Parekh In Support of Motion for Withdrawal of Appearance).(Parekh, Niraj) Modified on 5/14/2020 (db).
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Filing 357
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Thursday, June 25, 2020, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Due to the public health crisis, this conference is subject to change to a telephone conference. So Ordered. (Settlement Conference set for 6/25/2020 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/14/2020) (js)
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Filing 356
SETTLEMENT CONFERENCE SCHEDULING ORDER: On Wednesday, January 2, 2019, the Honorable Lorna G. Schofield assigned this matter to my docket for settlement. In light of the Courts busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As soon as practicable, the parties are directed to contact Courtroom Deputy Rachel Slusher by email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/3/2020) (js)
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Filing 355
JOINT STIPULATION AND ORDER REGARDING THE AMENDED SCHEDULING ORDER AND CASE MANAGEMENT PLAN: FOR GOOD CAUSE IT IS ORDERED that: 1. The date for parties to serve expert damages reports contemplated in Section 2(b)of the Order shall be extended from September 9, 2019 to September 16, 2019. 2. The date for the parties to disclose a rebuttal damages expert's name contemplated in Section 2(c) of the Order shall be extended from October 9, 2019 to October 16, 2019. 3. The date for parties to serve expert rebuttal damages reports contemplated in Section 2(d) of the Order shall be extended from September 7, 2020 to September 14, 2020. 4. The date for parties to serve expert reply damages reports contemplated in Section2(e) of the Order shall be extended from October 7, 2020 to October 14, 2020. 5. The date for service of expert reliance materials required to be provided pursuant to Federal Rule of Civil Procedure 26 is extended to September 16, 2019, for reports submitted on September 9, 2019; September 23, 2019, for reports submitted on September 16, 2019; October 16, 2019, for reports submitted on October 9, 2019; September 14, 2020, for reports submitted on September 7, 2020; September 21, 2020, for reports submitted on September 14, 2020; October 14, 2020, for reports submitted on October 7, 2020; and October 21, 2020, for reports submitted on October 14, 2020. 6. All other existing dates and deadlines in the Order, including deadlines for non-damages expert reports and disclosures contemplated in Sections 2(b), 2(c), 2(d), 2(e), and 2(f) and for the completion of all expert discovery by April 7, 2021 shall remain in effect. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/5/2019) (kv)
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Filing 354
PROPOSED STIPULATION AND ORDER. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Fitzgerald, Steven)
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Filing 353
STIPULATION AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(D): IT IS HEREBY ORDERED, pursuant to Federal Rule of Evidence 502(d) and (e), that: Plaintiffs will produce unredacted copies of the Produced Documents to Defendant no later than three days after the entry of this Order...This Court shall retain jurisdiction pursuant to Federal Rule of Evidence 502(d) to adjudicate any dispute regarding any subsequent assertion of waiver of the attorney-client privilege or work product protection relating to this Order, regardless of the forum of jurisdiction where that claim of waiver is made, and as further set forth herein. (Motions terminated: #352 JOINT LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Steven Fitzgerald and Edward Reddington dated June 12, 2019, filed by Phoenix Light SF Limited.) (Signed by Magistrate Judge Sarah Netburn on 06/13/2019) (ras)
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Filing 352
JOINT LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Steven Fitzgerald and Edward Reddington dated June 12, 2019. Document filed by Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.). (Attachments: #1 Stipulation and Proposed Order Pursuant to FRE 502(d))(Fitzgerald, Steven)
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Filing 351
ORDER granting #350 Motion to Withdraw as Attorney. Attorney Elizabeth Ruocco terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 350
MOTION for Elizabeth A. Ruocco to Withdraw as Attorney . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Ruocco, Elizabeth)
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Filing 349
ORDER granting #348 Motion to Withdraw as Attorney. (Attorney Danielle L Bauer terminated.) (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 348
MOTION for Danielle L. Bauer to Withdraw as Attorney . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Bauer, Danielle)
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Filing 347
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/2/2019) (jca)
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Filing 346
ORDER granting #344 Motion to Withdraw as Attorney. Attorney Meghan A. Ferguson terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 345
DECLARATION of Meghan A. Ferguson in Support re: #344 MOTION for Meghan A. Ferguson to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association. (Ferguson, Meghan)
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Filing 344
MOTION for Meghan A. Ferguson to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order)(Ferguson, Meghan)
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Filing 343
AMENDED SCHEDULING ORDER AND CIVIL CASE MANAGEMENT PLAN: All expert discovery, including depositions, shall be completed by April 7, 2021. Motions for summary judgment and motions to exclude an expert under Rule 702 or Daubert are to be filed no later than June 7, 2021. Oppositions to motions for summary judgment and oppositions to motions to exclude an expert under Rule 702 or Daubert are to be filed no later than August 7, 2021. Reply motions for summary judgment and reply motions to exclude an expert under Rule 702 or Daubert are to be filed no later than September 7, 2021. (Motions due by 6/7/2021. Responses due by 8/7/2021. Replies due by 9/7/2021. Expert Discovery due by 4/7/2021.) (Signed by Magistrate Judge Sarah Netburn on 10/22/2018) (ras)
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Filing 342
LETTER addressed to Magistrate Judge Sarah Netburn from the Parties dated October 19, 2018 re: Joint Proposed Amended Scheduling Order. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A - Proposed Amended Scheduling Order)(Underwood, Matthew)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 10/12/2018. (ras)
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Filing 341
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin M. Hodges dated October 9, 2018 re: Reply to Plaintiffs' October 5, 2018 Letter Concerning Clarification of the Scheduling Order. Document filed by HSBC Bank USA, National Association.(Weiss, Noah)
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Filing 340
LETTER addressed to Magistrate Judge Sarah Netburn from Ryan A. Kane dated October 5, 2018 re: Response to HSBCs October 2, 2018 Letter Seeking Clarification of the Scheduling Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Kane, Ryan)
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Filing 339
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin M. Hodges dated October 2, 2018 re: Seeking Clarification of the Scheduling Order. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B)(Underwood, Matthew)
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Filing 338
SCHEDULING ORDER AND CIVIL CASE MANAGEMENT PLAN: Plaintiffs shall identify all Bellwether loans on which they will proceed for the remainder of the litigation and any reasonably available loan-identifying information (e.g., property address, borrower name, loan amount, lien position) for those loans, no later than forty-five (45) days after entry of this Order. All third-party fact discovery shall be served upon third parties no later than two (2) months after entry of this Order...All expert discovery, including depositions, shall be completed within thirty-one (31) months of the entry of this Order...Motions for summary judgment and motions to exclude an expert under Rule 702 or Daubert are to be filed no later than thirty-three (33) months after entry of this Order. Oppositions to motions for summary judgment and oppositions to motions to exclude an expert under Rule 702 or Daubert are to be filed no later than thirty-five (35) months after entry of this Order. Reply motions for summary judgment and reply motions to exclude an expert under Rule 702 or Daubert are to be filed no later than thirty-six (36) months after entry of this Order, and as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 9/7/2018) (ras)
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Filing 337
MEMO ENDORSEMENT on re: (260 in 1:15-cv-10096-LGS) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2007-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., (520 in 1:14-cv-09366-LGS-SN) Letter, filed by PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, UNCONSTRAINED BOND FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING LOCAL BOND FUND, BROOKFIELD TOTAL RETURN FUND INC., PIMCO FUNDS: PIMCO TOTAL RETURN FUND III, PIMCO FUNDS: PIMCO LONG DURATION TOTAL RETURN FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STRATEGIC INCOME FUND, PIMCO FUNDS: PIMCO STOCKSPLUS FUND, PIMCO INTERNATIONAL FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, TERLINGUA FUND 2, LP, BLACKROCK CORE ACTIVE LIBOR FUND B, BLACKROCK FUNDS II, INFLATION PROTECTED BOND PORTFOLIO, Pimco High Income Fund, BLACKROCK MULTISECTOR INCOME TRUST, Sealink Funding Limited, PIMCO OFFSHORE FUNDS: PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY V ALPHA FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN TOTAL RETURN STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, DIVERSIFIED INCOME FUND, PACIFIC SHORES CDO, LTD., PIMCO FUNDS: PIMCO INCOME FUND, Brookfield Mortgage Opportunity Income Fund Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES LONG DURATION CORPORATE BOND PORTFOLIO, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (U.S. DOLLARHEDGED), L VS I SPE XIV LLC, PIMCO DISTRESSED SENIOR CREDIT OPPORTUNITIES FUND II, L.P., THE PRUDENTIAL SERIES FUND, CREF BOND MARKET ACCOUNT, PIMCO COMMODITIESPLUS STRATEGY FUND; PIMCO FUNDS, PIMCO FUNDS: PIMCO LOW DURATION FUND III, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES ASSET-BACKED SECURITIES PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY 3D OFFSHORE FUND LTD., PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, TOTAL RETURN BOND FUND, BLACKROCK US MORTGAGE, LIICA RE I, INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE BOND FUND, LVS I LLC, PIMCO BERMUDA TRUST: PIMCO EMERGING MARKETS BOND FUND (M), Transamerica Life Insurance Company, PIMCO FUNDS: PIMCO WORLDWIDE FUNDAMENTAL ADVANTAGE AR STRATEGY FUND, PIMCO LARGE CAP STOCKSPLUS ABSOLUTE RETURN FUND, AST PIMCO TOTAL RETURN BOND PORTFOLIO, PCM Fund, Inc., PIMCO FUNDS: PIMCO GLOBAL ADVANTAGE STRATEGY BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO DIVIDEND AND INCOME BUILDER FUND, BLACKROCK TOTAL RETURN PORTFOLIO (INS- SERIES), THE PRUDENTIAL INVESTMENT PORTFOLIOS INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YEN-HEDGED) INCOME FUND, PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL BOND FUND, PIMCO FUNDS: PIMCO LOW DURATION FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO REAL RETURN PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS AR SHORT STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES INTERNATIONAL PORTFOLIO, PIMCO FUNDS: PIMCO INVESTMENT GRADE CORPORATE BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN FOREIGN BOND FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS STRATEGY SEGREGATED PORTFOLIO, PIMCO FUNDS: PIMCO INFLATION RESPONSE MULTI-ASSET FUND; PIMCO FUNDS, LIICA Re II, Inc., BLACKROCK COREPLUS BOND FUND B, PIMCO COMBINED ALPHA STRATEGIES MASTER FUND LDC, Blackrock Balanced Capital Portfolio (FI), PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES EMERGING MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS ABSOLUTE RETURN FUND, PIMCO ABSOLUTE RETURN STRATEGY IV IDF LLC, PACIFIC BAY CDO, LTD., DZ Bank AG, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL INVESTMENT GRADE CREDIT FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS BOND FUND, TIAA-CREF BOND PLUS FUND, PIMCO FUNDS: PIMCO DIVERSIFIED INCOME FUND, FIXED INCOME SHARES: SERIES M, PIMCO BERMUDA TRUST II: PIMCO BERMUDA JGB FLOATER FOREIGN STRATEGY FUND, PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY, BLACKROCK COREALPHA BOND MASTER PORTFOLIO, PIMCO DYNAMIC CREDIT INCOME FUND, PIMCO TACTICAL OPPORTUNITIES MASTER FUND LTD., PIMCO FUNDS: PIMCO EMERGING LOCAL BOND FUND, BLACKROCK MULTIASSET INCOME - NON-AGENCY MBS PORTFOLIO, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES DEVELOPING LOCAL MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO EM FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STOCKSPLUS FUND, PIMCO FUNDS: PIMCO LOW VOLATILITY RAFI- PLUS AR FUND, CRYSTAL RIVER CAPITAL INC.;, PIMCO TOTAL RETURN ACTIVE EXCHANGE-TRADED FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN U.S. BOND FUND, PIMCO ABSOLUTE RETURN STRATEGY II MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (U.S. DOLLAR-HEDGED), THE PRUDENTIAL SERIES FUND; BROOKFIELD MORTGAGE OPPORTUNITY INCOME FUND INC., PIMCO CAYMAN GLOBAL BOND (NZD-HEDGED) FUND; PIMCO CAYMAN TRUST, TIAA-CREF BOND FUND, BLACKROCK DYNAMIC HIGH INCOME - STRUCTURED CREDIT PORTFOLIO, PIMCO GLOBAL INCOME OPPORTUNITIES FUND, Stonebridge Life Insurance Company, LVS II LLC, PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY IV EFUND, FIXED INCOME SHARES: SERIES C, PIMCO DYNAMIC INCOME FUND, PIMCO ABSOLUTE RETURN STRATEGY IV MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (UNHEDGED), PIMCO CAYMAN GLOBAL EX-JAPAN (YEN-HEDGED) BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL ADVANTAGE REAL RETURN FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 2;, THE PRUDENTIAL INVESTMENT PORTFOLIOS, INC. 17, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX JAPAN BOND FUND; PIMCO CAYMAN TRUST, PIMCO VARIABLE INSURANCE TRUST: PIMCO EMERGING MARKETS BOND PORTFOLIO, PIMCO FUNDS: PIMCO REAL RETURN FUND, PIMCO FUNDS: PIMCO FUNDAMENTAL ADVANTAGE ABSOLUTE RETURN STRATEGY FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO SHORT-TERM PORTFOLIO, TIAA-CREF SHORT-TERM BOND FUND, The Prudential Insurance Company of America, PIMCO FUNDS: PIMCO REAL ESTATE REAL RETURN STRATEGY FUND, PIMCO FUNDS: PIMCO SMALL CAP STOCKSPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, INCOME FUND;, PIMCO FUNDS: PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO ETF TRUST, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN GLOBAL AGGREGATE BOND SEGREGATED PORTFOLIO, TIAA GLOBAL PUBLIC INVESTMENTS, MBS LLC, PIMCO FUNDS: PIMCO GNMA FUND, PIMCO FUNDS: PIMCO TOTAL RETURN FUND, Charles Schwab & Co. Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES MORTGAGE PORTFOLIO, KORE ADVISORS LP, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (UNHEDGED); PIMCO FUNDS, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (U.S. DOLLARHEDGED), PIMCO FUNDS: PIMCO SMALL COMPANY FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO MULTI-SECTOR STRATEGY FUND LTD., PIMCO CORPORATE & INCOME OPPORTUNITY FUND, BLACKROCK LONG DURATION ALPHAPLUS BOND FUND, BROOKFIELD SECURITIZED CREDIT QIF FUND, PIMCO FUNDS: PIMCO FLOATING INCOME FUND, PIMCO BERMUDA TRUST II: PIMCO BERMUDA INCOME FUND (M), PIMCO FUNDS: PIMCO UNCONSTRAINED TAX MANAGED BOND FUND, TIAA-CREF LIFE INSURANCE COMPANY, PIMCO CORPORATE & INCOME STRATEGY FUND, BLACKROCK INCOME TRUST, INC., FIXED INCOME SHARES (SERIES R), PIMCO COMMODITY REAL RETURN STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES SHORT-TERM PORTFOLIO, CREF SOCIAL CHOICE ACCOUNT, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS SEGREGATED PORTFOLIO, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO INCOME BOND FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL BOND PORTFOLIO (UNHEDGED), BLACKROCK FIXED INCOME GLOBALALPHA MASTER FUND LTD., BLACKROCK STRATEGIC INCOME OPPORTUNITIES PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND IV, PIMCO FUNDS: PIMCO LOW DURATION FUND II, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING MARKETS BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YENHEDGED) BOND FUND II, PIMCO VARIABLE INSURANCE TRUST: PIMCO FOREIGN BOND PORTFOLIO (U.S. DOLLAR HEDGED), BLACKROCK COREALPHA BOND FUND E, PIMCO FUNDS: PIMCO SHORT-TERM FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN LOW DURATION SEGREGATED PORTFOLIO, PIMCO GLOBAL CREDIT OPPORTUNITY MASTER FUND LDC, PIMCO GLOBAL STOCKSPLUS & INCOME FUND, PIMCO BERMUDA TRUST IV: PIMCO BERMUDA GLOBAL BOND EX-JAPAN FUND, PIMCO INCOME STRATEGY FUND II, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (UNHEDGED), PIMCO FUNDS: PIMCO MODERATE DURATION FUND, THE GIBRALTAR LIFE INSURANCE COMPANY, LTD., Prudential Trust Company, BLACKROCK CORE BOND TRUST, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL ADVANTAGE BOND FUND, PIMCO INCOME OPPORTUNITY FUND, PIMCO ABSOLUTE RETURN STRATEGY III MASTER FUND LDC, PIMCO FUNDS: PIMCO MORTGAGE OPPORTUNITIES FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL ADVANTAGE STRATEGY BOND PORTFOLIO, BLACKROCK MASTER TOTAL RETURN PORTFOLIO OF MASTER BOND LLC, PIMCO FUNDS: PIMCO EMG INTL LOW VOLATILITY RAFI-PLUS AR FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS CURRENCY FUND, PIMCO LONG-TERM CREDIT FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN UNCONSTRAINED BOND SEGREGATED PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY V MASTER FUND LDC, PIMCO VARIABLE INSURANCE TRUST: PIMCO TOTAL RETURN PORTFOLIO, TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO BOND FUND, MILLERTON ABS CDO LTD., PIMCO VARIABLE INSURANCE TRUST: PIMCO COMMODITY REAL RETURN STRATEGY PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND II, PIMCO GLOBAL MULTI-ASSET FUND, PIMCO STRATEGIC INCOME FUND, INC., TIAA-CREF LIFE BOND FUND, PIMCO INCOME STRATEGY FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 9, PIMCO FUNDS: PIMCO LONG-TERM U.S. GOVERNMENT FUND, (487 in 1:14-cv-08175-LGS-SN) Letter, filed by Royal Park Investments SA/NA, (346 in 1:15-cv-02144-LGS-SN) Letter, filed by NCUA GUARANTEED NOTES TRUST 2011-R4, NCUA GUARANTEED NOTES TRUST 2011-R5, National Credit Union Administration Board, NCUA GUARANTEED NOTES TRUST 2011-R2, NCUA GUARANTEED NOTES TRUST 2010-R3, NCUA GUARANTEED NOTES TRUST 2011-M1, NCUA GUARANTEED NOTES TRUST 2010-R2, NCUA GUARANTEED NOTES TRUST 2010-R1, NCUA GUARANTEED NOTES TRUST 2011-R6, NCUA GUARANTEED NOTES TRUST 2011-R3, NCUA GUARANTEED NOTES TRUST 2011-R1, (336 in 1:14-cv-10101-LGS-SN) Letter, filed by Blue Heron Funding II Ltd., Silver Elms CDO PLC, Silver Elms CDO II Limited, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Kleros Preferred Funding V PLC, C-Bass CBO XVII Ltd., C-BASS CBO XIV Ltd., (302 in 1:15-cv-10032-LGS-SN) Letter filed by Commerzbank AG. ENDORSEMENT: A telephone conference to discuss the proposed schedule will be h
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Filing 336
LETTER addressed to Magistrate Judge Sarah Netburn from Ryan A. Kane dated August 13, 2018 re: Joint Letter Regarding Proposed Schedule and Status of Discovery. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A)(Kane, Ryan)
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Filing 335
MEMO ENDORSEMENT on re: (258 in 1:15-cv-10096-LGS) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2007-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., (300 in 1:15-cv-10032-LGS-SN) Letter filed by Commerzbank AG, (485 in 1:14-cv-08175-LGS-SN) Letter filed by Royal Park Investments SA/NA, (343 in 1:15-cv-02144-LGS-SN) Letter, filed by NCUA GUARANTEED NOTES TRUST 2011-M1, NCUA GUARANTEED NOTES TRUST 2010-R3, NCUA GUARANTEED NOTES TRUST 2011-R2, NCUA GUARANTEED NOTES TRUST 2011-R6, NCUA GUARANTEED NOTES TRUST 2010-R2, NCUA GUARANTEED NOTES TRUST 2010-R1, NCUA GUARANTEED NOTES TRUST 2011-R5, National Credit Union Administration Board, NCUA GUARANTEED NOTES TRUST 2011-R3, NCUA GUARANTEED NOTES TRUST 2011-R1, NCUA GUARANTEED NOTES TRUST 2011-R4, (518 in 1:14-cv-09366-LGS-SN) Letter, filed by PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, UNCONSTRAINED BOND FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING LOCAL BOND FUND, BROOKFIELD TOTAL RETURN FUND INC., PIMCO FUNDS: PIMCO TOTAL RETURN FUND III, PIMCO FUNDS: PIMCO LONG DURATION TOTAL RETURN FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STRATEGIC INCOME FUND, PIMCO FUNDS: PIMCO STOCKSPLUS FUND, PIMCO INTERNATIONAL FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, TERLINGUA FUND 2, LP, BLACKROCK CORE ACTIVE LIBOR FUND B, BLACKROCK FUNDS II, INFLATION PROTECTED BOND PORTFOLIO, Pimco High Income Fund, BLACKROCK MULTISECTOR INCOME TRUST, Sealink Funding Limited, PIMCO OFFSHORE FUNDS: PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY V ALPHA FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN TOTAL RETURN STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, DIVERSIFIED INCOME FUND, PACIFIC SHORES CDO, LTD., PIMCO FUNDS: PIMCO INCOME FUND, Brookfield Mortgage Opportunity Income Fund Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES LONG DURATION CORPORATE BOND PORTFOLIO, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (U.S. DOLLARHEDGED), L VS I SPE XIV LLC, PIMCO DISTRESSED SENIOR CREDIT OPPORTUNITIES FUND II, L.P., THE PRUDENTIAL SERIES FUND, CREF BOND MARKET ACCOUNT, PIMCO COMMODITIESPLUS STRATEGY FUND; PIMCO FUNDS, PIMCO FUNDS: PIMCO LOW DURATION FUND III, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES ASSET-BACKED SECURITIES PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY 3D OFFSHORE FUND LTD., PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, TOTAL RETURN BOND FUND, BLACKROCK US MORTGAGE, LIICA RE I, INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE BOND FUND, LVS I LLC, PIMCO BERMUDA TRUST: PIMCO EMERGING MARKETS BOND FUND (M), Transamerica Life Insurance Company, PIMCO FUNDS: PIMCO WORLDWIDE FUNDAMENTAL ADVANTAGE AR STRATEGY FUND, PIMCO LARGE CAP STOCKSPLUS ABSOLUTE RETURN FUND, AST PIMCO TOTAL RETURN BOND PORTFOLIO, PCM Fund, Inc., PIMCO FUNDS: PIMCO GLOBAL ADVANTAGE STRATEGY BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO DIVIDEND AND INCOME BUILDER FUND, BLACKROCK TOTAL RETURN PORTFOLIO (INS- SERIES), THE PRUDENTIAL INVESTMENT PORTFOLIOS INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YEN-HEDGED) INCOME FUND, PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL BOND FUND, PIMCO FUNDS: PIMCO LOW DURATION FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO REAL RETURN PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS AR SHORT STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES INTERNATIONAL PORTFOLIO, PIMCO FUNDS: PIMCO INVESTMENT GRADE CORPORATE BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN FOREIGN BOND FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS STRATEGY SEGREGATED PORTFOLIO, PIMCO FUNDS: PIMCO INFLATION RESPONSE MULTI-ASSET FUND; PIMCO FUNDS, LIICA Re II, Inc., BLACKROCK COREPLUS BOND FUND B, PIMCO COMBINED ALPHA STRATEGIES MASTER FUND LDC, Blackrock Balanced Capital Portfolio (FI), PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES EMERGING MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS ABSOLUTE RETURN FUND, PIMCO ABSOLUTE RETURN STRATEGY IV IDF LLC, PACIFIC BAY CDO, LTD., DZ Bank AG, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL INVESTMENT GRADE CREDIT FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS BOND FUND, TIAA-CREF BOND PLUS FUND, PIMCO FUNDS: PIMCO DIVERSIFIED INCOME FUND, FIXED INCOME SHARES: SERIES M, PIMCO BERMUDA TRUST II: PIMCO BERMUDA JGB FLOATER FOREIGN STRATEGY FUND, PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY, BLACKROCK COREALPHA BOND MASTER PORTFOLIO, PIMCO DYNAMIC CREDIT INCOME FUND, PIMCO TACTICAL OPPORTUNITIES MASTER FUND LTD., PIMCO FUNDS: PIMCO EMERGING LOCAL BOND FUND, BLACKROCK MULTIASSET INCOME - NON-AGENCY MBS PORTFOLIO, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES DEVELOPING LOCAL MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO EM FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STOCKSPLUS FUND, PIMCO FUNDS: PIMCO LOW VOLATILITY RAFI- PLUS AR FUND, CRYSTAL RIVER CAPITAL INC.;, PIMCO TOTAL RETURN ACTIVE EXCHANGE-TRADED FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN U.S. BOND FUND, PIMCO ABSOLUTE RETURN STRATEGY II MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (U.S. DOLLAR-HEDGED), THE PRUDENTIAL SERIES FUND; BROOKFIELD MORTGAGE OPPORTUNITY INCOME FUND INC., PIMCO CAYMAN GLOBAL BOND (NZD-HEDGED) FUND; PIMCO CAYMAN TRUST, TIAA-CREF BOND FUND, BLACKROCK DYNAMIC HIGH INCOME - STRUCTURED CREDIT PORTFOLIO, PIMCO GLOBAL INCOME OPPORTUNITIES FUND, Stonebridge Life Insurance Company, LVS II LLC, PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY IV EFUND, FIXED INCOME SHARES: SERIES C, PIMCO DYNAMIC INCOME FUND, PIMCO ABSOLUTE RETURN STRATEGY IV MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (UNHEDGED), PIMCO CAYMAN GLOBAL EX-JAPAN (YEN-HEDGED) BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL ADVANTAGE REAL RETURN FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 2;, THE PRUDENTIAL INVESTMENT PORTFOLIOS, INC. 17, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX JAPAN BOND FUND; PIMCO CAYMAN TRUST, PIMCO VARIABLE INSURANCE TRUST: PIMCO EMERGING MARKETS BOND PORTFOLIO, PIMCO FUNDS: PIMCO REAL RETURN FUND, PIMCO FUNDS: PIMCO FUNDAMENTAL ADVANTAGE ABSOLUTE RETURN STRATEGY FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO SHORT-TERM PORTFOLIO, TIAA-CREF SHORT-TERM BOND FUND, The Prudential Insurance Company of America, PIMCO FUNDS: PIMCO REAL ESTATE REAL RETURN STRATEGY FUND, PIMCO FUNDS: PIMCO SMALL CAP STOCKSPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, INCOME FUND;, PIMCO FUNDS: PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO ETF TRUST, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN GLOBAL AGGREGATE BOND SEGREGATED PORTFOLIO, TIAA GLOBAL PUBLIC INVESTMENTS, MBS LLC, PIMCO FUNDS: PIMCO GNMA FUND, PIMCO FUNDS: PIMCO TOTAL RETURN FUND, Charles Schwab & Co. Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES MORTGAGE PORTFOLIO, KORE ADVISORS LP, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (UNHEDGED); PIMCO FUNDS, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (U.S. DOLLARHEDGED), PIMCO FUNDS: PIMCO SMALL COMPANY FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO MULTI-SECTOR STRATEGY FUND LTD., PIMCO CORPORATE & INCOME OPPORTUNITY FUND, BLACKROCK LONG DURATION ALPHAPLUS BOND FUND, BROOKFIELD SECURITIZED CREDIT QIF FUND, PIMCO FUNDS: PIMCO FLOATING INCOME FUND, PIMCO BERMUDA TRUST II: PIMCO BERMUDA INCOME FUND (M), PIMCO FUNDS: PIMCO UNCONSTRAINED TAX MANAGED BOND FUND, TIAA-CREF LIFE INSURANCE COMPANY, PIMCO CORPORATE & INCOME STRATEGY FUND, BLACKROCK INCOME TRUST, INC., FIXED INCOME SHARES (SERIES R), PIMCO COMMODITY REAL RETURN STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES SHORT-TERM PORTFOLIO, CREF SOCIAL CHOICE ACCOUNT, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS SEGREGATED PORTFOLIO, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO INCOME BOND FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL BOND PORTFOLIO (UNHEDGED), BLACKROCK FIXED INCOME GLOBALALPHA MASTER FUND LTD., BLACKROCK STRATEGIC INCOME OPPORTUNITIES PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND IV, PIMCO FUNDS: PIMCO LOW DURATION FUND II, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING MARKETS BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YENHEDGED) BOND FUND II, PIMCO VARIABLE INSURANCE TRUST: PIMCO FOREIGN BOND PORTFOLIO (U.S. DOLLAR HEDGED), BLACKROCK COREALPHA BOND FUND E, PIMCO FUNDS: PIMCO SHORT-TERM FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN LOW DURATION SEGREGATED PORTFOLIO, PIMCO GLOBAL CREDIT OPPORTUNITY MASTER FUND LDC, PIMCO GLOBAL STOCKSPLUS & INCOME FUND, PIMCO BERMUDA TRUST IV: PIMCO BERMUDA GLOBAL BOND EX-JAPAN FUND, PIMCO INCOME STRATEGY FUND II, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (UNHEDGED), PIMCO FUNDS: PIMCO MODERATE DURATION FUND, THE GIBRALTAR LIFE INSURANCE COMPANY, LTD., Prudential Trust Company, BLACKROCK CORE BOND TRUST, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL ADVANTAGE BOND FUND, PIMCO INCOME OPPORTUNITY FUND, PIMCO ABSOLUTE RETURN STRATEGY III MASTER FUND LDC, PIMCO FUNDS: PIMCO MORTGAGE OPPORTUNITIES FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL ADVANTAGE STRATEGY BOND PORTFOLIO, BLACKROCK MASTER TOTAL RETURN PORTFOLIO OF MASTER BOND LLC, PIMCO FUNDS: PIMCO EMG INTL LOW VOLATILITY RAFI-PLUS AR FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS CURRENCY FUND, PIMCO LONG-TERM CREDIT FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN UNCONSTRAINED BOND SEGREGATED PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY V MASTER FUND LDC, PIMCO VARIABLE INSURANCE TRUST: PIMCO TOTAL RETURN PORTFOLIO, TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO BOND FUND, MILLERTON ABS CDO LTD., PIMCO VARIABLE INSURANCE TRUST: PIMCO COMMODITY REAL RETURN STRATEGY PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND II, PIMCO GLOBAL MULTI-ASSET FUND, PIMCO STRATEGIC INCOME FUND, INC., TIAA-CREF LIFE BOND FUND, PIMCO INCOME STRATEGY FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 9, PIMCO FUNDS: PIMCO LONG-TERM U.S. GOVERNMENT FUND, (334 in 1:14-cv-10101-LGS-SN) Letter, filed by Blue Heron Funding II Ltd., Silver Elms CDO PLC, Silver Elms CDO II Limited, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Kleros Preferred Funding V PLC, C-Bass CBO XVII Ltd., C-BASS CBO XIV Ltd. ENDORSEMENT: The parties' motion is GRANTED. The deadline to submit the joint le
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Filing 334
LETTER addressed to Magistrate Judge Sarah Netburn from Niraj J. Parekh dated August 6, 2018 re: Request by all parties for an extension to 8/13/2018 to submit joint letter. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Parekh, Niraj)
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Filing 333
ORDER: The Court has reviewed the parties' March 16, 2018 letters regarding the proposed schedule for discovery and summary judgment. The parties are ORDERED to meet and confer on a joint schedule for the remainder of the litigation based upon the coordinated plaintiffs' plan. The parties are further ORDERED to submit a joint letter of no more than five pages updating the Court on the progress of discovery to date and proposing said schedule by Monday, August 6, 2018. To the extent the joint letter includes any confidential information, the parties may file a partially redacted version on the docket, and serve the Court with an unredacted copy. (Signed by Magistrate Judge Sarah Netburn on 8/1/2018) (ras)
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Filing 332
ORDER granting #330 Motion to Withdraw as Attorney. Attorney Jonah Perlin terminated (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 331
DECLARATION of Jonah E. Perlin in Support re: #330 MOTION for Jonah E. Perlin to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 330
MOTION for Jonah E. Perlin to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order)(Reddington, Edward)
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Filing 329
DECLARATION of Eric C. Wiener in Support re: #328 MOTION for Eric C. Wiener to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 328
MOTION for Eric C. Wiener to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order)(Reddington, Edward)
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Filing 327
ORDER granting #325 Motion to Withdraw as Attorney. Attorney Frederick Reed Kessler terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 326
ORDER granting #324 Motion to Withdraw as Attorney. Attorney Marissa Ann Dioguardi terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 325
MOTION for Frederick R. Kessler to Withdraw as Attorney . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Kessler, Frederick)
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Filing 324
MOTION for Marissa A. Dioguardi to Withdraw as Attorney . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Dioguardi, Marissa)
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Filing 323
ORDER denying #305 Motion for Reconsideration ; denying #313 Letter Motion for Leave to File Document. It is hereby ORDERED that Plaintiffs' motions are DENIED. The Court declines to rule on the issue of the meaning 2.03 until presented with more comprehensive factual record at an appropriate juncture such as on a motion for summary judgment. It is further ORDERED that Plaintiffs' motions to file replies are DENIED. The Clerk of Court is respectfully directed to close the motions at Case No. 14 Civ. 10101, Docket Nos. 305 and 313; Case No. 15 Civ. 2144, Docket Nos. 317 and 326; Case No. 15 Civ. 10032; Docket Nos. 273 and 281; and Case No. 15 Civ. 10096, Docket Nos. 235 and 242. (Signed by Judge Lorna G. Schofield on 4/24/2018) (kgo)
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Filing 322
ORDER: All discovery and deadlines in these cases are stayed until the resolution of the later of (1) the Court of Appeals' decision on the Royal Park and BlackRock petition for review pursuant to Federal Rule of Civil Procedure 23(f), Dkt. 18-0450, or (2) Judge Schofield's decision on the Phoenix Light, NCUA, Triaxx and Commerzbank's motion for reconsideration (NCUA ECF No. 317). (Signed by Magistrate Judge Sarah Netburn on 4/9/2018) (js) (Signed by Magistrate Judge Sarah Netburn on 4/9/2018) (js)
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Filing 321
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY JOHN R. GUENARD: Upon consideration of the Motion for Withdrawal of Attorney John R. Guenard, and finding good cause, it is hereby ordered that: 1.The Motion is GRANTED. 2.The Clerk is ordered to reflect on the docket the termination of attorney John R.Guenard as counsel of record for Defendant HSBC Bank USA, N.A. (Attorney John R. Guenard terminated.) (Signed by Judge Lorna G. Schofield on 4/6/2018) (ras)
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Filing 320
LETTER addressed to Magistrate Judge Sarah Netburn from Niraj J. Parekh dated April 6, 2018 re: Plaintiffs' Proposed Scheduling Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A)(Parekh, Niraj)
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Filing 319
ORDER: The conference originally scheduled for 12:00 p.m. on April 9, 2018 is rescheduled for 1:00 p.m. on the same day. SO ORDERED. (Status Conference set for 4/9/2018 at 01:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/28/2018) (anc)
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Filing 318
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY CHARLES R. JACOB III: Upon consideration of the Motion for Withdrawal of Attorney Charles R. Jacob III, and finding good cause, it is hereby ordered that: The Motion is GRANTED. The Clerk is ordered to reflect on the above-captioned dockets the termination of attorney Charles R. Jacob III as counsel of record for Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., and Triaxx Prime CDO 2007-1, Ltd. Attorney Charles Richard Jacob, III terminated. (Docketed in 14cv8175, 14cv9366, 14cv10101, 15cv2144, 15cv10032, 15cv10096) (Signed by Judge Lorna G. Schofield on 3/23/2018) (ap)
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Filing 317
ORDER granting #314 Motion to Withdraw as Attorney. Attorney Charles Richard Jacob, III terminated (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 316
ORDER: Today's conference scheduled to discuss the remainder of the litigation is ADJOURNED to 12:00 p.m., on Monday, April 9, 2018, due to ongoing inclement weather. (Status Conference set for 4/9/2018 at 12:00 PM before Magistrate Judge Sarah Netburn.) (Docketed in 14cv8175, 14cv9366, 14cv10101, 15cv2144, 15cv10032) (Signed by Magistrate Judge Sarah Netburn on 3/22/2018) (ap) Modified on 5/17/2018 (ap).
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Filing 315
DECLARATION of Charles R. Jacob III in Support re: #314 MOTION for Charles R. Jacob III to Withdraw as Attorney .. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Jacob, Charles)
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Filing 314
MOTION for Charles R. Jacob III to Withdraw as Attorney . Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Attachments: #1 Text of Proposed Order)(Jacob, Charles)
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Filing 313
LETTER MOTION for Leave to File Reply in Support of Motion for Clarification and Request for Oral Argument re Dkt. 305 addressed to Judge Lorna G. Schofield from Scott K. Attaway dated March 22, 2018. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 312
MEMORANDUM OF LAW in Opposition re: #305 MOTION for Reconsideration re; #302 Order on Motion for Miscellaneous Relief,, . . Document filed by HSBC Bank USA, National Association. (Weiss, Noah)
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Filing 311
NOTICE OF APPEARANCE by John G. Moon on behalf of Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Moon, John)
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Filing 310
LETTER addressed to Magistrate Judge Sarah Netburn dated March 16, 2018 re: Proposed Schedule. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Wood, Christopher)
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Filing 309
LETTER addressed to Magistrate Judge Sarah Netburn from Edward C. Reddington dated March 16, 2018 re: Proposed Schedule. Document filed by HSBC Bank USA, National Association.(Underwood, Matthew)
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Filing 308
NOTICE of Secondment. Document filed by HSBC Bank USA, National Association. (Uhlig, Lauren)
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Filing 307
ORDER: WHEREAS, on March 9, 2018, Plaintiffs in the above-captioned matters moved for clarification or, in the alternative, reconsideration of aspects of the Court's February 23, 2018, Order regarding sampling. It is hereby ORDERED that Defendant shall file a response to Plaintiffs' motion by March 19, 2018. ( Responses due by 3/19/2018) (Signed by Judge Lorna G. Schofield on 3/12/2018) (mro)
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Filing 306
MEMORANDUM OF LAW in Support re: #305 MOTION for Reconsideration re; #302 Order on Motion for Miscellaneous Relief,, . . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attaway, Scott)
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Filing 305
MOTION for Reconsideration re; #302 Order on Motion for Miscellaneous Relief,, . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 304
ORDER: The class plaintiffs Royal Park and BlackRock have requested a stay pending the resolution of their appeal of the district court's denial of their motion for class certification. HSBC has conditioned its acquiescence to this request on the application of the stay to all of the coordinated actions. To the extent the non-class plaintiffs wish to respond, they may do so by Friday, March 9, 2018. A conference will be held to discuss these issues on Thursday, March 22, 2018, at 3:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Court is inclined to deny the class plaintiffs stay request unless or until the Court of Appeals grants their petition. As such, the parties are ORDERED to meet and confer to propose a schedule to govern the remainder of the litigation, which will be discussed during the March 22, 2018 conference. The parties may submit any proposed schedule to the Court by March 16, 2018. (Status Conference set for 3/22/2018 at 03:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Docketed in 14cv8175, 14cv9366, 14cv10101, 15cv2144, 15cv10032, 15cv10096) (Signed by Magistrate Judge Sarah Netburn on 3/2/2018) (ap) Modified on 3/5/2018 (ap). Modified on 3/5/2018 (ap).
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Filing 303
LETTER addressed to Judge Lorna G. Schofield from Edward Reddington dated March 1, 2018 re: Response to Plaintiffs' Feb. 27, 2018 Letter re: Requests to Stay and to Extend Tolling. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 302
ORDER denying #241 Motion. Because the Sampling Order is neither clearly erroneous nor contrary to law, Plaintiffs' objection is OVERRULED. The Clerk of Court is respectfully directed to close the motions at 14 Civ. 8175, Docket No. 313; 14 Civ. 9366, Docket No. 341; 14 Civ. 10101, Docket No. 241; 15 Civ. 2144, Docket No. 244; 15 Civ. 10032, Docket No. 194; and 15 Civ. 10096, Docket No. 148, and as further set forth in this order. (Docketed in 14cv8175, 14cv9366, 14cv10101, 15cv2144, 15cv10032, 15cv10096) (Signed by Judge Lorna G. Schofield on 2/23/2018) (ap)
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Filing 301
LETTER addressed to Judge Lorna G. Schofield from Edward C. Reddington dated January 31, 2018 re: Plaintiffs' January 30, 2018 Notice of Supplemental Authority Supporting Sampling. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 300
NOTICE of Supplemental Authority by Coordinated Plaintiffs Supporting Sampling re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, .. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attaway, Scott)
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Filing 299
LETTER addressed to Judge Lorna G. Schofield from Edward C. Reddington dated January 22, 2018 re: Plaintiffs' January 18, 2018 Letter Regarding Supplemental Authority Related to Magistrate Judge Netburn's Sampling Order. Document filed by HSBC Bank USA, National Association.(Underwood, Matthew)
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Filing 298
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated January 18, 2018 re: Supplemental Authority Supporting Coordinated Plaintiffs' Rule 72 Objections to the Magistrate Judge's March 10, 2017 Order on Sampling. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A - Supplemental Authority)(Attaway, Scott)
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Filing 297
ORDER: for (255 in 1:14-cv-10101-LGS-SN, 343 in 1:14-cv-08175-LGS-SN, 260 in 1:15-cv-02144-LGS-SN, 365 in 1:14-cv-09366-LGS-SN, 160 in 1:15-cv-10096-LGS, 211 in 1:15-cv-10032-LGS-SN) Report and Recommendations,(167 in 1:15-cv-10096-LGS) Motion for Miscellaneous Relief, filed by HSBC Bank USA, National Association, (264 in 1:15-cv-02144-LGS-SN) Motion for Miscellaneous Relief, filed by HSBC Bank US, National Association, (352 in 1:14-cv-08175-LGS-SN) Motion for Miscellaneous Relief, filed by HSBC Bank USA National Association, (261 in 1:14-cv-10101-LGS-SN) Motion for Miscellaneous Relief, filed by HSBC Bank USA, National Association, (219 in 1:15-cv-10032-LGS-SN) Motion for Miscellaneous Relief, filed by HSBC Bank USA, National Association, (375 in 1:14-cv-09366-LGS-SN) Motion for Miscellaneous Relief, filed by HSBC Bank USA. For the reasons above, Defendants' objections are OVERRULED, and the R&R is ADOPTED. The Clerk of Court is respectfully directed to close the motions at 14 Civ. 8175, Docket No. 352; 14 Civ. 9366, Docket No. 375; 14 Civ. 10101, Docket No. 261; 15 Civ. 2144, Docket No. 264; 15 Civ. 10032, Docket No. 219; and 15 Civ. 10096, Docket No. 167, and as further set forth in this order. Motions terminated: (352 in 1:14-cv-08175-LGS-SN) MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: (343) Report and Recommendations, filed by HSBC Bank USA National Association, (264 in 1:15-cv-02144-LGS-SN) MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: (260) Report and Recommendations, filed by HSBC Bank US, National Association, (375 in 1:14-cv-09366-LGS-SN) MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: (365) Report and Recommendations, filed by HSBC Bank USA, (261 in 1:14-cv-10101-LGS-SN) MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: (255) Report and Recommendations, filed by HSBC Bank USA, National Association, (167 in 1:15-cv-10096-LGS) MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: (160) Report and Recommendations, filed by HSBC Bank USA, National Association, (219 in 1:15-cv-10032-LGS-SN) MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: (211) Report and Recommendations, filed by HSBC Bank USA, National Association. (Signed by Judge Lorna G. Schofield on 12/14/2017) (ap) Modified on 12/15/2017 (ap).
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Filing 296
LETTER addressed to Judge Lorna G. Schofield from Edward Reddington dated December 7, 2017 re: Coordinated Plaintiffs' Nov. 29, 2017 response to supplemental authority. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 295
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated November 29, 2017 re: Response to HSBC's November 21, 2017 Letter Notifying The Court of Supplemental Authority. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 16 Excerpt of NCUA Interrogatory Response)(Attaway, Scott)
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Filing 294
LETTER addressed to Judge Lorna G. Schofield from Edward Reddington dated November 21, 2017 re: supplemental authority re Rule 72 objections to sampling decision. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit (Homeward Residential decision))(Reddington, Edward)
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ORDER granting #292 Motion to Withdraw as Attorney. Attorney Jeffrey Hoops terminated (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 293
DECLARATION of Jeffrey R. Hoops in Support re: #292 MOTION for Jeffrey R. Hoops to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 292
MOTION for Jeffrey R. Hoops to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order)(Reddington, Edward)
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ORDER granting #290 Motion to Withdraw as Attorney. Attorney John R. Guenard terminated (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (jnm)
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Filing 291
DECLARATION of John R. Guenard in Support re: #290 MOTION for John R. Guenard to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 290
MOTION for John R. Guenard to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order)(Reddington, Edward)
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Filing 289
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated October 5, 2017 re: #288 LETTER MOTION to Compel HSBC Bank USA, N.A. to produce prior deposition transcripts addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated October 2, 2017. . Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 288
LETTER MOTION to Compel HSBC Bank USA, N.A. to produce prior deposition transcripts addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated October 2, 2017. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A - July 6, 2017 Worley email, #2 Exhibit B - excerpts from Musarra's deposition transcript, #3 Exhibit C - excerpts from Pabon's deposition transcript, #4 Exhibit D - excerpt from Sept. 29, 2017 hearing tr.)(Wood, Christopher)
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Filing 287
ORDER: On October 2, 2017, Plaintiffs sought a pre-motion conference regarding an anticipated motion to compel Defendant HSBC Bank USA, N.A. ("HSBC") to produce certain transcripts discussed during depositions that occurred in April 2017. On October 5, 2017, HSBC opposed plaintiffs' motion and cross-moved to compel the plaintiffs to produce other deposition transcripts. Fact discovery closed on May 1, 2017. Plaintiffs' and HSBC's motions are DENIED as untimely. The parties are directed to file minimally redacted versions of their letters on ECF as soon as is practicable. (Signed by Magistrate Judge Sarah Netburn on 10/11/2017) (ap)
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Filing 286
LETTER addressed to Judge Lorna G. Schofield from Christopher M. Wood (on behalf of Coordinated RMBS Trustee Litigation Counsel) dated September 21, 2017 re: Notice of Recent Authority in Royal Park Invs. v. Deutsche Bank case. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, PIMCO Europe Ltd. (Subsidiary)-London, United Kingdom, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC, Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Attachments: #1 Exhibit A - Report and Recommendation issued by Magistrate Moses)(Wood, Christopher)
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Filing 285
NOTICE OF APPEARANCE by Elizabeth Ruocco on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC, Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Ruocco, Elizabeth)
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Filing 284
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY AMY E. MURPHY granting #282 Motion to Withdraw as Attorney.. Upon consideration of the Motion for Withdrawal of Attorney Amy E. Murphy, and finding good cause, it is hereby ordered that: 1. The Motion is GRANTED. 2. The Clerk is ordered to reflect on the docket the termination of attorney Amy E. Murphy as counsel of record for Defendant HSBC Bank USA, N.A. Attorney Amy E Murphy terminated (Signed by Judge Lorna G. Schofield on 8/30/2017) (kgo)
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Filing 283
DECLARATION of Amy E. Murphy in Support re: #282 MOTION for Amy E. Murphy to Withdraw as Attorney .. Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 282
MOTION for Amy E. Murphy to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order)(Reddington, Edward)
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Filing 281
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amy E. Murphy to Withdraw as Attorney . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Declaration of Amy E. Murphy, #2 Text of Proposed Order)(Reddington, Edward) Modified on 8/29/2017 (db).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Edward C. Reddington to RE-FILE Document #281 MOTION for Amy E. Murphy to Withdraw as Attorney . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
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Filing 280
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated August 25, 2017 re: Letter in Response to HSBC's August 22, 2017 Letter Notifying The Court of Supplemental Authority. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 279
LETTER addressed to Judge Lorna G. Schofield from Edward Reddington dated August 22, 2017 re: Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1)(Reddington, Edward)
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Filing 278
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated August 18, 2017 re: Supplemental Authority in Support of Coordinated Plaintiffs' Rule 72 Objections to Magistrate Judge Netburn's Order Concerning Sampling. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 277
LETTER addressed to Judge Lorna G. Schofield from Ryan A. Kane dated August 9, 2017 re: Response to HSBC's August 4, 2017 Letter. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Kane, Ryan)
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Filing 276
LETTER addressed to Judge Lorna G. Schofield from Edward Reddington dated August 4, 2017 re: Supplemental Authority Regarding Plaintiffs' Objections to Magistrate Judge Netburn's Opinion and Order Concerning Sampling. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Reddington, Edward)
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Filing 275
ORDER: In light of the upsurge in privilege disputes, it is ORDERED that any future submission regarding a privilege dispute must contain an express affirmation that the parties have reviewed all of the Courts prior guidance on assertions of privilege in both this coordinated action and in the separate Wells Fargo coordinated action, that the submitted dispute has not yet been addressed by a previous Order, and that the dispute still requires a resolution by the Court. (Signed by Magistrate Judge Sarah Netburn on 6/30/2017) (js)
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Filing 274
REPLY MEMORANDUM OF LAW in Support re: #261 MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: #255 Report and Recommendations,, . . Document filed by HSBC Bank USA, National Association. (Murphy, Amy)
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Filing 273
ORDER: withdrawing #271 Letter Motion for Discovery. The Clerk of Court is respectfully directed to terminate the pending gavel motions at ECF No. 369 in 14cv8175; ECF No. 403 in 14cv9366; ECF No. 271 in 14cv10101; ECF No. 274 in 15cv2144; ECF No. 229 in 15cv10032; and ECF No. 187 in 15cv10096. Going forward, Triaxx counsel is reminded to file letters regarding Triaxx-specific discovery disputes on only the Triaxx docket, instead of all of the dockets in the coordinated action against HSBC. (Signed by Magistrate Judge Sarah Netburn on 6/13/2017) (ap). (Signed by Magistrate Judge Sarah Netburn on 6/13/2017) (ap)
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Filing 272
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Charles R. Jacob III dated June 13, 2017 re: #271 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Charles R. Jacob III dated June 13, 2017. Letter Response Withdrawing Motion. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Jacob, Charles)
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Filing 271
LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Charles R. Jacob III dated June 13, 2017. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Attachments: #1 Exhibit 1)(Jacob, Charles)
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Filing 270
ORDER: granting #269 Letter Motion for Leave to File Document. 365 in 14cv8175; 397 in 14cv9366; 272 in 15cv2144; 227 in 15cv10032; 178 in 15cv10096. Application GRANTED. HSBC shall file any reply, not to exceed 10 pages, by June 13, 2017. The Clerk of Court is respectfully directed to docket this Order on each of the above-captioned cases. (Docketed in 14cv8175, 14cv9366, 14cv10101, 15cv2144, 15cv10032, 15cv10096.) (Signed by Judge Lorna G. Schofield on 6/7/2017) (ap) Modified on 6/8/2017 (ap). Modified on 6/8/2017 (ap). Modified on 6/9/2017 (ap).
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***DELETED DOCUMENT. Deleted document number #270 ENDORSED LETTER. The document was incorrectly filed in this case. (ap)
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Set/Reset Deadlines: Replies due by 6/13/2017. (ap)
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Filing 269
LETTER MOTION for Leave to File Reply addressed to Judge Lorna G. Schofield from Edward Reddington dated June 6, 2017. Document filed by HSBC Bank USA, National Association.(Uhlig, Lauren)
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Filing 268
LETTER addressed to Magistrate Judge Sarah Netburn from Charles R. Jacob III dated June 6, 2017 re: opposition to HSBC June 1, 2017 letter for extension of fact discovery. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (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)(Jacob, Charles)
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Filing 267
RESPONSE in Opposition to Motion re: #261 MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: #255 Report and Recommendations,, . . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Wood, Christopher)
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Filing 266
LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Charles R. Jacob III dated June 5, 2017. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jacob, Charles)
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Filing 265
DECLARATION of George A. Borden in Opposition re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, .. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Uhlig, Lauren)
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Filing 264
MEMORANDUM OF LAW in Opposition re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, . . Document filed by HSBC Bank USA, National Association. (Uhlig, Lauren)
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Filing 263
DECLARATION of George A. Borden in Support re: #261 MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: #255 Report and Recommendations,, .. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1 Excerpt of DBALT 2006-AR5 PSA)(Uhlig, Lauren)
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Filing 262
MEMORANDUM OF LAW in Support re: #261 MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: #255 Report and Recommendations,, . . Document filed by HSBC Bank USA, National Association. (Uhlig, Lauren)
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Filing 261
MOTION Notice of HSBC's Rule 72 Objections and Motion To Not Approve Magistrate Judge's Report and Recommendation Regarding Advice-Of-Counsel Defense re: #255 Report and Recommendations,, . Document filed by HSBC Bank USA, National Association.(Uhlig, Lauren)
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Filing 260
DECLARATION of Scott K. Attaway in Support re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, .. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 4 10/20/11 letter from Quinn Emanuel to HSBC re: several Nomura trusts, #2 Exhibit 5 9/10/07 email from Thomas Musarra to Kevin OBrien re: weekly report, #3 Exhibit 6 Institutional Investors' Brief in Support of Settlement, Case No. 11-cv-05988, ECF no. 124, #4 Exhibit 7 July 21, 2011 Letter from C. Katopis of AMI to JPMorgan re: Pervasive Issues in RMBS Trusts, #5 Exhibit 8 Email chain re: NAAC 2006-AR2 Notice of Breach (90 Day Follow-up), #6 Exhibit 9 Excerpted Transcript of Andrew Kohl Deposition, #7 Exhibit 10 Excerpted Transcript of Jeffery Hamilton Deposition, #8 Exhibit 11 Notice to Investors and Complaint in ACE 2006-SL2 by HSBC v. DBSP, #9 Exhibit 12 Complaint in NAAC 2006-S2 by HSBC v. Nomura, #10 Exhibit 13 Complaint in DBALT 2006-OA1 by HSBC v. DBSP, #11 Exhibit 14 Complaint in NHELI 2006-FM2 by HSBC v. Nomura, #12 Exhibit 15 Excerpted Transcript of Thomas Musarra Deposition)(Attaway, Scott)
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Filing 259
ORDER: denying 326 Letter Motion for Discovery. Accordingly, plaintiffs' application for relief as set forth in its May 1, 2017 letter is DENIED without prejudice to making a further application, if necessary, after (1) the custodians have completed their production and (2) an adequate meet and confer between the parties, and as further set forth in this order. The Clerk of Court is respectfully directed to terminate the pending motions at: ECF No. 326 at 14-cv-8175; ECF No. 353 at 14-cv-9366; ECF No. 249 at 14-cv-10101; ECF No. 252 at 15-cv-2144; ECF No. 205 at 15-cv-10032; and ECF No. 155 at 15-cv-10096. (Signed by Magistrate Judge Sarah Netburn on 5/11/2017) (ap)
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Filing 258
ORDER: ORDERED that any party with an interest in confidential treatment of the aforementioned exhibits or any portion thereof shall submit a letter by May 15, 2017, providing specific argument and a factual basis, if any, as to why confidential treatment is justified with reference to relevant 2d Circuit case law. If Defendant does not seek confidential treatment by May 15, 2017, then Plaintiff shall file an unredacted version of the Attaway Declaration and the exhibits thereto by May 17, 2017. If Coordinated Plaintiffs do not seek confidential treatment by May 15, 2017, then Defendant shall file an unredacted versions of its Response, the Borden Declaration and the exhibits thereto by May 17, 2017. It is further ORDERED that Defendant's Response, the Borden Declaration and the exhibits thereto will be deemed filed as of April 28, 2017, and as further set forth in this order. (Responses due by 5/17/2017) (Signed by Judge Lorna G. Schofield on 5/9/2017) (ap)
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Filing 257
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated 05/08/17 re: Request for Oral Argument. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 256
DECLARATION of Scott K. Attaway in Support re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, .. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 4 - Confidential Exhibit, #2 Exhibit 5 - Confidential Exhibit, #3 Exhibit 6 - Institutional Investors Brief in Support of Settlement, Case No. 11-cv-05988, ECF No. 124, #4 Exhibit 7 - July 21, 2011 Letter from C. Katopis of AMI to JPMorgan re: Pervasive Issues in RMBS Trusts, #5 Exhibit 8 - Confidential Exhibit, #6 Exhibit 9 - Excerpted Transcript of Andrew Kohl Deposition, #7 Exhibit 10 - Excerpted Transcript of Andrew Kohl Deposition, #8 Exhibit 11 - Notice to Investors and Complaint in ACE 2006-SL2 by HSBC v. DBSP, #9 Exhibit 12 - Complaint in NAAC 2006-S2 by HSBC v. Nomura, #10 Exhibit 13 - Complaint in DBALT 2006-OA1 by HSBC v. DBSP, #11 Exhibit 14 - Complaint in NHELI 2006-FM2 by HSBC v. Nomura, #12 Exhibit 15 - Confidential Exhibit)(Attaway, Scott)
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Filing 255
REPORT AND RECOMMENDATION: HSBC timely responded to the Courts November 17, 2016, by stating that it was not asserting the advice of counsel affirmative defense. To date, it has continued to assert its attorney-client privilege at depositions and in response to discovery demands. Accordingly, the Court recommends that HSBC be found to have forfeited any right to assert that defense in the future, and that the Court strike such affirmative defenses in HSBCs answers in these coordinated actions. Objections to R&R due by 5/22/2017 (Signed by Magistrate Judge Sarah Netburn on 5/08/2017) (ama)
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Filing 254
REPLY MEMORANDUM OF LAW in Support re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, . . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attaway, Scott)
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Filing 253
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated 05/08/17 re: #249 LETTER MOTION for Discovery Regarding Exception Report Issues addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated 05/01/17. . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attaway, Scott)
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Filing 252
ORDER: granting #354 Letter Motion for Extension of Time to Complete Discovery: The parties joint application to extend the fact discovery deadline for purposes of resolving outstanding party depositions to June 16, 2017 is GRANTED. The parties are reminded, however, that this is the fourth extension of the fact discovery deadline in this consolidated action. Discovery will not be extended further. Applications to take one-off depositions beyond the June 16, 2017 deadline will not be permitted. In addition, any future submission should reflect the docket number for NCUA v. HSBC as 15-cv-02144, not 14-cv-02144. The Clerk of Court is respectfully directed to terminate the pending motions at ECF No. 327 in 14-cv-08175; ECF No. 354 in 14-cv-09366; ECF No. 250 in 14-cv- 10101; ECF No. 253 in 15-cv-02144; ECF No. 206 in 15-cv-10032; and ECF No. 156 in 15-cv-10096. (Signed by Magistrate Judge Sarah Netburn on 5/5/2017) (ap)
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Set/Reset Deadlines: Fact Discovery due by 6/16/2017. (ap)
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Filing 251
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated May 4, 2017 re: #249 LETTER MOTION for Discovery Regarding Exception Report Issues addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated 05/01/17. . Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 250
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from All Counsel dated May 3, 2017. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 249
LETTER MOTION for Discovery Regarding Exception Report Issues addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated 05/01/17. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 248
NOTICE OF APPEARANCE by Dillon Stern on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Stern, Dillon)
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Filing 247
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated April 20, 2017 re: #240 LETTER MOTION for Conference re: letter for motion to strike certain affirmative defenses addressed to Judge Lorna G. Schofield from Christopher M. Wood dated April 6, 2017. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Reddington, Edward)
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Filing 246
ORDER terminating [317 in case 14-cv-8175] Letter Motion to Compel. HSBC is directed to submit a response to plaintiffs' letter by no later than Thursday, April 20, 2017. A conference regarding this issue will be held on Monday, April 24, 2017, at 2:00 p.m. in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. In addition, HSBC submitted a letter on April 11, 2017, seeking to compel Royal Park to produce documents from its assignor BNP, from the custodial files of Fabrice Susini, and from the B-Crown email addresses of Danny Frans and Koen Weemaes, as well as from Royal Park Board of Directors' meetings, up to October 10, 2014. See Royal Park, ECF No. 317. Royal Park is directed to submit a response to HSBC's letter by no later than Thursday, April 20, 2017. Royal Park and HSBC should be prepared to discuss the issues raised in HSBC's April 11, 2017 letter at the conference on April 24, 2017. The Clerk of Court is directed to terminate the motion at No. 317 on docket number 14-cv-08175. SO ORDERED. (Responses due by 4/20/2017, Status Conference set for 4/24/2017 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/14/2017) (anc)
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Filing 245
MEMO ENDORSEMENT on re: (147 in 1:15-cv-10096-LGS) LETTER MOTION for Conference re: letter for motion to strike certain affirmative defenses, addressed to Judge Lorna G. Schofield, from Christopher M. Wood dated April 6, 2017, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2007-1, Ltd., Triaxx Prime CDO 2006-2, Ltd. ENDORSEMENT: Plaintiffs' application is referred to Judge Netburn. The Clerk of Court is respectfully directed to file this Order on the docket of each of the above-captioned cases. (Signed by Judge Lorna G. Schofield on 4/13/2017) (ap)
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Filing 244
DECLARATION of Scott K. Attaway in Support re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, .. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit Excerpt of 8/29/16 Hearing Transcript (14-cv-8175), #2 Exhibit Excerpt of 9/21/16 Hearing Transcript (14-cv-8175), #3 Exhibit Excerpt of 1/11/17 Hearing Transcript (14-cv-9401))(Attaway, Scott)
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Filing 243
MEMORANDUM OF LAW in Support re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, . . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attaway, Scott)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Scott K. Attaway to RE-FILE Document #242 Memorandum of Law in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
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Filing 242
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #241 MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, . . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Affidavit Declaration of Scott K. Attaway, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Attaway, Scott) Modified on 4/10/2017 (db).
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Filing 241
MOTION Notice of Coordinated Plaintiffs' Rule 72 Objections and Motion to Vacate The Magistrate Judge's Opinion and Order Concerning Sampling re: #225 Memorandum & Opinion, #212 Order,, . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 240
LETTER MOTION for Conference re: letter for motion to strike certain affirmative defenses addressed to Judge Lorna G. Schofield from Christopher M. Wood dated April 6, 2017. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Wood, Christopher)
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Filing 239
NOTICE OF APPEARANCE by Frederick Reed Kessler on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Kessler, Frederick)
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Filing 238
MEMO ENDORSEMENT on re: (237 in 1:14-cv-10101-LGS-SN) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2007-1, Ltd., Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-Bass CBO XVII Ltd., C-BASS CBO XIV Ltd., PIMCO Europe Ltd. (Subsidiary)-London, United Kingdom, Triaxx Prime CDO 2006-2, Ltd., (334 in 1:14-cv-09366-LGS-SN) Letter, filed by PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, UNCONSTRAINED BOND FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING LOCAL BOND FUND, BROOKFIELD TOTAL RETURN FUND INC., PIMCO FUNDS: PIMCO TOTAL RETURN FUND III, PIMCO FUNDS: PIMCO LONG DURATION TOTAL RETURN FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STRATEGIC INCOME FUND, PIMCO FUNDS: PIMCO STOCKSPLUS FUND, PIMCO INTERNATIONAL FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, TERLINGUA FUND 2, LP, BLACKROCK CORE ACTIVE LIBOR FUND B, BLACKROCK FUNDS II, INFLATION PROTECTED BOND PORTFOLIO, Pimco High Income Fund, BLACKROCK MULTISECTOR INCOME TRUST, Sealink Funding Limited, PIMCO OFFSHORE FUNDS: PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY V ALPHA FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN TOTAL RETURN STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, DIVERSIFIED INCOME FUND, PACIFIC SHORES CDO, LTD., PIMCO FUNDS: PIMCO INCOME FUND, Brookfield Mortgage Opportunity Income Fund Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES LONG DURATION CORPORATE BOND PORTFOLIO, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (U.S. DOLLARHEDGED), L VS I SPE XIV LLC, PIMCO DISTRESSED SENIOR CREDIT OPPORTUNITIES FUND II, L.P., THE PRUDENTIAL SERIES FUND, CREF BOND MARKET ACCOUNT, PIMCO COMMODITIESPLUS STRATEGY FUND; PIMCO FUNDS, PIMCO FUNDS: PIMCO LOW DURATION FUND III, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES ASSET-BACKED SECURITIES PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY 3D OFFSHORE FUND LTD., PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, TOTAL RETURN BOND FUND, BLACKROCK US MORTGAGE, LIICA RE I, INC., Triaxx Prime CDO 2006-1, Ltd., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE BOND FUND, LVS I LLC, PIMCO BERMUDA TRUST: PIMCO EMERGING MARKETS BOND FUND (M), Transamerica Life Insurance Company, PIMCO FUNDS: PIMCO WORLDWIDE FUNDAMENTAL ADVANTAGE AR STRATEGY FUND, PIMCO LARGE CAP STOCKSPLUS ABSOLUTE RETURN FUND, AST PIMCO TOTAL RETURN BOND PORTFOLIO, PIMCO FUNDS: PIMCO GLOBAL ADVANTAGE STRATEGY BOND FUND, PCM Fund, Inc., PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO DIVIDEND AND INCOME BUILDER FUND, BLACKROCK TOTAL RETURN PORTFOLIO (INS- SERIES), THE PRUDENTIAL INVESTMENT PORTFOLIOS INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YEN-HEDGED) INCOME FUND, PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL BOND FUND, PIMCO FUNDS: PIMCO LOW DURATION FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO REAL RETURN PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS AR SHORT STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES INTERNATIONAL PORTFOLIO, Triaxx Prime CDO 2006-2, Ltd., PIMCO FUNDS: PIMCO INVESTMENT GRADE CORPORATE BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN FOREIGN BOND FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS STRATEGY SEGREGATED PORTFOLIO, PIMCO FUNDS: PIMCO INFLATION RESPONSE MULTI-ASSET FUND; PIMCO FUNDS, LIICA Re II, Inc., BLACKROCK COREPLUS BOND FUND B, PIMCO COMBINED ALPHA STRATEGIES MASTER FUND LDC, Blackrock Balanced Capital Portfolio (FI), PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES EMERGING MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS ABSOLUTE RETURN FUND, PIMCO ABSOLUTE RETURN STRATEGY IV IDF LLC, U.S. Bank National Association, PACIFIC BAY CDO, LTD., DZ Bank AG, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL INVESTMENT GRADE CREDIT FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS BOND FUND, TIAA-CREF BOND PLUS FUND, FIXED INCOME SHARES: SERIES M, The Bank of New York Mellon, PIMCO FUNDS: PIMCO DIVERSIFIED INCOME FUND, PIMCO BERMUDA TRUST II: PIMCO BERMUDA JGB FLOATER FOREIGN STRATEGY FUND, PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY, Thje Trustees Identified in Exhibit 1, BLACKROCK COREALPHA BOND MASTER PORTFOLIO, PIMCO DYNAMIC CREDIT INCOME FUND, PIMCO TACTICAL OPPORTUNITIES MASTER FUND LTD., PIMCO FUNDS: PIMCO EMERGING LOCAL BOND FUND, BLACKROCK MULTIASSET INCOME - NON-AGENCY MBS PORTFOLIO, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES DEVELOPING LOCAL MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO EM FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STOCKSPLUS FUND, PIMCO FUNDS: PIMCO LOW VOLATILITY RAFI- PLUS AR FUND, CRYSTAL RIVER CAPITAL INC.;, PIMCO TOTAL RETURN ACTIVE EXCHANGE-TRADED FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN U.S. BOND FUND, PIMCO ABSOLUTE RETURN STRATEGY II MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (U.S. DOLLAR-HEDGED), THE PRUDENTIAL SERIES FUND; BROOKFIELD MORTGAGE OPPORTUNITY INCOME FUND INC., PIMCO CAYMAN GLOBAL BOND (NZD-HEDGED) FUND; PIMCO CAYMAN TRUST, TIAA-CREF BOND FUND, BLACKROCK DYNAMIC HIGH INCOME - STRUCTURED CREDIT PORTFOLIO, PIMCO GLOBAL INCOME OPPORTUNITIES FUND, Stonebridge Life Insurance Company, LVS II LLC, PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY IV EFUND, FIXED INCOME SHARES: SERIES C, PIMCO DYNAMIC INCOME FUND, PIMCO ABSOLUTE RETURN STRATEGY IV MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (UNHEDGED), PIMCO CAYMAN GLOBAL EX-JAPAN (YEN-HEDGED) BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL ADVANTAGE REAL RETURN FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 2;, THE PRUDENTIAL INVESTMENT PORTFOLIOS, INC. 17, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX JAPAN BOND FUND; PIMCO CAYMAN TRUST, PIMCO VARIABLE INSURANCE TRUST: PIMCO EMERGING MARKETS BOND PORTFOLIO, PIMCO FUNDS: PIMCO FUNDAMENTAL ADVANTAGE ABSOLUTE RETURN STRATEGY FUND, PIMCO FUNDS: PIMCO REAL RETURN FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO SHORT-TERM PORTFOLIO, TIAA-CREF SHORT-TERM BOND FUND, The Prudential Insurance Company of America, PIMCO FUNDS: PIMCO REAL ESTATE REAL RETURN STRATEGY FUND, PIMCO FUNDS: PIMCO SMALL CAP STOCKSPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, INCOME FUND;, PIMCO FUNDS: PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO ETF TRUST, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO VARIABLE INSURANCE TRUST: PIMCO LOW DURATION PORTFOLIO, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN GLOBAL AGGREGATE BOND SEGREGATED PORTFOLIO, TIAA GLOBAL PUBLIC INVESTMENTS, MBS LLC, PIMCO FUNDS: PIMCO GNMA FUND, PIMCO FUNDS: PIMCO TOTAL RETURN FUND, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (UNHEDGED); PIMCO FUNDS, Charles Schwab & Co. Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES MORTGAGE PORTFOLIO, KORE ADVISORS LP, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (U.S. DOLLARHEDGED), PIMCO FUNDS: PIMCO SMALL COMPANY FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO MULTI-SECTOR STRATEGY FUND LTD., PIMCO CORPORATE & INCOME OPPORTUNITY FUND, BLACKROCK LONG DURATION ALPHAPLUS BOND FUND, BROOKFIELD SECURITIZED CREDIT QIF FUND, PIMCO FUNDS: PIMCO FLOATING INCOME FUND, PIMCO BERMUDA TRUST II: PIMCO BERMUDA INCOME FUND (M), PIMCO FUNDS: PIMCO UNCONSTRAINED TAX MANAGED BOND FUND, TIAA-CREF LIFE INSURANCE COMPANY, PIMCO CORPORATE & INCOME STRATEGY FUND, BLACKROCK INCOME TRUST, INC., FIXED INCOME SHARES (SERIES R), PIMCO COMMODITY REAL RETURN STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES SHORT-TERM PORTFOLIO, CREF SOCIAL CHOICE ACCOUNT, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS SEGREGATED PORTFOLIO, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO INCOME BOND FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL BOND PORTFOLIO (UNHEDGED), WELLS FARGO BANK, N.A. F/K/A WACHOVIA BANK, N.A., Citibank, N.A., BLACKROCK FIXED INCOME GLOBALALPHA MASTER FUND LTD., BLACKROCK STRATEGIC INCOME OPPORTUNITIES PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND IV, PIMCO FUNDS: PIMCO LOW DURATION FUND II, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING MARKETS BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YENHEDGED) BOND FUND II, Deutsche Bank National Trust Company, PIMCO VARIABLE INSURANCE TRUST: PIMCO FOREIGN BOND PORTFOLIO (U.S. DOLLAR HEDGED), PIMCO FUNDS: PIMCO SHORT-TERM FUND, BLACKROCK COREALPHA BOND FUND E, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN LOW DURATION SEGREGATED PORTFOLIO, PIMCO GLOBAL CREDIT OPPORTUNITY MASTER FUND LDC, PIMCO GLOBAL STOCKSPLUS & INCOME FUND, PIMCO BERMUDA TRUST IV: PIMCO BERMUDA GLOBAL BOND EX-JAPAN FUND, PIMCO INCOME STRATEGY FUND II, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (UNHEDGED), PIMCO FUNDS: PIMCO MODERATE DURATION FUND, THE GIBRALTAR LIFE INSURANCE COMPANY, LTD., Prudential Trust Company, BLACKROCK CORE BOND TRUST, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL ADVANTAGE BOND FUND, PIMCO INCOME OPPORTUNITY FUND, PIMCO ABSOLUTE RETURN STRATEGY III MASTER FUND LDC, PIMCO FUNDS: PIMCO MORTGAGE OPPORTUNITIES FUND, PIMCO FUNDS: PIMCO EMG INTL LOW VOLATILITY RAFI-PLUS AR FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL ADVANTAGE STRATEGY BOND PORTFOLIO, BLACKROCK MASTER TOTAL RETURN PORTFOLIO OF MASTER BOND LLC, PIMCO FUNDS: PIMCO EMERGING MARKETS CURRENCY FUND, PIMCO LONG-TERM CREDIT FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN UNCONSTRAINED BOND SEGREGATED PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY V MASTER FUND LDC, PIMCO VARIABLE INSURANCE TRUST: PIMCO TOTAL RETURN PORTFOLIO, TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, Deutsche Bank Trust Company Americas, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO BOND FUND, MILLERTON ABS CDO LTD., PIMCO VARIABLE INSURANCE TRUST: PIMCO COMMODITY REAL RETURN STRATEGY PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND II, PIMCO GLOBAL MULTI-ASSET FUND, Triaxx Prime CDO 2007-1, Ltd., PIMCO STRATEGIC INCOME FUND, INC., TIAA-CREF LIFE BOND FUND, PIMCO INCOME STRATEGY FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 9, PIMCO FUNDS: PIMCO LONG-TERM U.S. GOVERNMENT FUND, (145 in 1:15-cv-10096-LGS) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd., (306 in 1:14-cv-08175-LGS-SN) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Royal Park Investments S
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Filing 237
LETTER addressed to Magistrate Judge Sarah Netburn from Niraj J. Parekh dated March 31, 2017 re: Expert Discovery in Light of Sampling Opinion. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, PIMCO Europe Ltd. (Subsidiary)-London, United Kingdom, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC, Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd..(Hein, John)
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Filing 236
ORDER granting #231 Letter Motion for Conference. The parties shall appear for a telephone conference with the Court on Monday, March 27, 2017, at 4:00 p.m. to discuss the plaintiffs' motion for a protective order related to the defendant's RFAs. At that time, the parties shall jointly call (212) 805-0286, with all parties on the line. Alternatively, the parties shall provide the Court with a conference call-in number in advance of the conference. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 235
ORDER: In light of the parties' March 17, 2017 joint submission regarding Phase II of the Loan Re-Underwriting Protocol, it is ORDERED that: All party fact discovery shall be completed by May 1, 2017, as set forth in the Court's March 10, 2017 Order. See Royal Park ECF No. 291. Plaintiffs are granted leave to continue pursuing third-party discovery to obtain additional loan files and guidelines in order to reunderwrite additional loans. Pursuant to the March 10, 2017 Order, third-party depositions (except for depositions of third-party warrantors and servicers) shall be completed by June 2, 2017. Depositions of third-party warrantors and servicers are stayed pending the District Court's adjudication of plaintiffs' objections to the March 10, 2017 Sampling Opinion. The parties are directed to identify any anticipated expert discovery that will not be affected by the plaintiffs' appeal of the Sampling Opinion in a joint letter to the Court by next Friday, March 31, 2017. The Court believes the parties should continue to advance this case for trial while the plaintiffs' objections are pending. All other expert discovery tied to the Sampling Opinion is stayed until those objections are adjudicated. ( Deposition due by 6/2/2017., Fact Discovery due by 5/1/2017.) (Signed by Magistrate Judge Sarah Netburn on 3/23/2017) (mro)
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Filing 234
NOTICE OF APPEARANCE by Danielle L Bauer on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Bauer, Danielle)
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Filing 233
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated March 22, 2017 re: #231 LETTER MOTION for Conference to seek a protective order addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated March 17, 2017. . Document filed by HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 232
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated March 17, 2017 re: Status of meet-and-confer regarding Phase II of the Loan Reunderwriting Protocol. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 231
LETTER MOTION for Conference to seek a protective order addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated March 17, 2017. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wood, Christopher)
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Filing 230
MEMO ENDORSEMENT on re: (229 in 1:15-cv-02144-LGS-SN) Letter, filed by National Credit Union Administration Board, (184 in 1:15-cv-10032-LGS-SN) Letter, filed by Commerzbank AG, (138 in 1:15-cv-10096-LGS) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2007-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., (229 in 1:14-cv-10101-LGS-SN) Letter,, filed by Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., (324 in 1:14-cv-09366-LGS-SN) Letter, filed by PIMCO parties et al, (296 in 1:14-cv-08175-LGS-SN) Letter, filed by Royal Park Investments SA/NA. ENDORSEMENT: Application GRANTED. By April 7, 2017, Plaintiffs shall file their objections in a single memorandum of law not to exceed 25 pages. By April 28, 2017, Defendant shall file its opposition not to exceed 25 pages. By May 8, 2017, Plaintiffs shall file a single reply not to exceed 10 pages. The parties must otherwise comply with the requirements and limitations contained in the Court's Individual Rules. The Clerk of Court is respectfully directed to docket this Order in each of the above-captioned cases. (Responses due by 4/28/2017, Replies due by 5/8/2017.) (Signed by Judge Lorna G. Schofield on 3/16/2017) (tro)
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Filing 229
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated March 15, 2017 re: Letter in Support of Plaintiffs #226 Request for Extension of Time to Object to Magistrate Judge Netburns Opinion and Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A)(Attaway, Scott)
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Filing 228
LETTER addressed to Judge Lorna G. Schofield from Edward Reddington dated March 15, 2017 re: Opposition to Plaintiffs' March 14, 2017 Request for Extension of Time to Object to Magistrate Judge Netburn's Opinion and Order. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order Proposed Order)(Reddington, Edward)
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Filing 227
LETTER addressed to Judge Lorna G. Schofield from Charles R. Jacob III dated March 15, 2017 re: Letter Application for Extension of Time to File Objections to March 10 Order. Document filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd..(Jacob, Charles)
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Filing 226
LETTER addressed to Judge Lorna G. Schofield from Scott K. Attaway dated March 14, 2017 re: Plaintiffs Request for Extension of Time to Object to Magistrate Judge Netburns Opinion and Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Text of Proposed Order)(Attaway, Scott)
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Filing 225
OPINION & ORDER: Accordingly, plaintiffs' motion to re-underwrite a sampling of loans for the purpose of proving HSBC's liability or damages beyond the loans in the sample is DENIED. The parties are directed to the Court's February 24, 2017 Order as to submitting a joint status letter regarding Phase II of the Loan Re-Underwriting Protocol. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/10/2017) (anc)
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Filing 224
ORDER granting #221 Letter Motion for Extension of Time to Complete Discovery. HSBC's request for an extension of the deadlines for party depositions and third party depositions, as well as for a stay of depositions of third-party warrantors and servicers in the at-issue trusts and of expert reports, is GRANTED. Party depositions shall be completed by May 1, 2017. Third party depositions shall be completed by June 2, 2017. Depositions of third-party warrantors and servicers is stayed until the Court determines an appropriate schedule for those depositions under Phase II of the Loan Re-Underwriting Protocol. Expert reports are also stayed pending completion of Phase II. In making this request, HSBC has represented that all parties are working diligently to schedule and complete depositions and to comply with the discovery schedule. Plaintiffs have confirmed that HSBC's request reflects the parties' mutual need for the extension. This brief extension, which the Court understands to be the final one in order to move these cases forward, is reasonable and proportional. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 223
ORDER granting #215 Motion for Lauren Heather Uhlig to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 222
LETTER addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated March 9, 2017 re: Response to Defendant's #221 Consent Letter Motion for Extension of Time to Complete Discovery. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 221
CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated March 8, 2017. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1)(Hodges, Kevin)
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Filing 220
ORDER denying #198 Letter Motion to Compel. Because HSBC has made a sufficient showing that all relevant repurchase notices have been produced, plaintiffs' application for the Court to compel HSBC to produce any additional repurchase notices is DENIED. Accordingly, plaintiffs' application for the Court to compel HSBC to answer the six interrogatories at issue is DENIED. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/7/2017) (anc)
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Filing 219
MEMO ENDORSEMENT on re: (218 in 1:14-cv-10101-LGS-SN) Letter, filed by Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., (313 in 1:14-cv-09366-LGS-SN) Letter, filed by PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, UNCONSTRAINED BOND FUND; et al, (173 in 1:15-cv-10032-LGS-SN) Letter filed by Commerzbank AG, (285 in 1:14-cv-08175-LGS-SN) Letter filed by Royal Park Investments SA/NA, (218 in 1:15-cv-02144-LGS-SN) Letter, filed by National Credit Union Administration Board, (128 in 1:15-cv-10096-LGS) Letter, filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd. ENDORSEMENT: As guidance for future depositions, the parties are directed to Federal Rule of Civil Procedure 30(c)(2)-"An objection must be stated concisely in a nonargumentative and nonsuggestive manner." Therefore, "speaking objections" that signal to a witness how to answer (or avoid answering) a question are prohibited. (Signed by Magistrate Judge Sarah Netburn on 3/6/2017) (mro)
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Filing 218
LETTER addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated March 6, 2017 re: Plaintiffs' March 1, 2017 Letter Motion Submitted Under Seal. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 217
MEMO ENDORSEMENT on re: (216 in 1:14-cv-10101-LGS-SN) Letter, filed by Silver Elms CDO PLC, Phoenix Light SF Limited, Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V PLC, C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., (216 in 1:15-cv-02144-LGS-SN) Letter, filed by National Credit Union Administration Board, (171 in 1:15-cv-10032-LGS-SN) Letter filed by Commerzbank AG, (283 in 1:14-cv-08175-LGS-SN) Letter, filed by Royal Park Investments SA/NA. ENDORSEMENT: The parties' joint letter addressing Phase II of the Loan Re-Underwriting Protocol, pursuant to the Court's February 24, 2017 Order, shall be submitted no later than seven (7) days after the Court's decision on sampling is issued. The deadline for objecting to the February 24, 2017 Order is stayed until fourteen (14) days from when the sampling decision is issued. (Signed by Magistrate Judge Sarah Netburn on 3/6/2017) (mro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #215 CONSENT MOTION for Lauren Heather Uhlig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13383461. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 216
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated March 3, 2017 re: Status of meet-and-confer regarding Phase II of the Loan Re-Underwriting Protocol. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 215
CONSENT MOTION for Lauren Heather Uhlig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13383461. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit, #4 Exhibit)(Uhlig, Lauren)
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Filing 214
RESPONSE re: #213 Notice (Other),, Plaintiffs' Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hodges, Kevin)
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Filing 213
NOTICE of Supplemental Authority. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Attaway, Scott)
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Filing 212
ORDER: Plaintiffs' motion for leave to re-underwrite a sample of loans to prove HSBC's liability beyond the specific loans included in the sample pool is DENIED as not proportionate to the needs of the case. A decision providing the Court's reasoning will follow. The parties are directed to meet and confer to discuss how to approach Phase II of the Loan Re-Underwriting Protocol in light of the Court's ruling. The parties shall submit a joint letter addressing this issue, including either a joint or competing proposal for Phase II by March 3, 2017. (Signed by Magistrate Judge Sarah Netburn on 2/24/2017) (cf)
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Filing 211
NOTICE OF APPEARANCE by Paul DeFilippo on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (DeFilippo, Paul)
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Filing 210
NOTICE OF APPEARANCE by Michael Christopher Ledley on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Ledley, Michael)
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Filing 209
NOTICE OF APPEARANCE by Jay Stuart Handlin on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Handlin, Jay)
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Filing 208
NOTICE OF APPEARANCE by John Richard Hein on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Hein, John)
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Filing 207
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated February 27, 2017 re: In Accordance with Court's February 10, 2017 Order. Document filed by PIMCO Europe Ltd. (Subsidiary)-London, United Kingdom.(Galdston, Benjamin)
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Filing 206
ORDER granting #205 Motion for Tanya M. Abrams to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 205
MOTION for Tanya M. Abrams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13306214. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit)(Abrams, Tanya)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #205 MOTION for Tanya M. Abrams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13306214. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 204
ORDER denying in part #201 Letter Motion to Compel. HSBC's request that the Court order PIMCO Europe to run the search terms proposed on page 4 of ECF No. 201 is denied. The proposed terms are too broad, are not tied to the trusts at issue, and will impose a substantial burden on a non-party. HSBC has moreover not made an adequate showing that any specific relevant documents or specific categories of relevant documents are missing from PIMCO Europe's December 2016 production consisting of 2,800 documents. The Court, however, has previously permitted Wells Fargo to propose a narrow set of search terms in order to discover documents relevant to the trusts at issue. To the extent HSBC believes a similar search has not been undertaken (and it may have been), it may propose such terms to PIMCO Europe by no later than Tuesday, February 14, 2017. The parties shall meet and confer and report to the Court in a joint letter by February 17, 2017. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 203
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated 02/09/2017 re: #198 LETTER MOTION to Compel HSBC to Answer Interrogatories and Produce Missing Repurchase Notices addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated February 6, 2017. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit)(Reddington, Edward)
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Filing 202
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from HSBC Bank USA dated February 7, 2017 re: #201 LETTER MOTION to Compel PIMCO Europe to produce documents addressed to Magistrate Judge Sarah Netburn from HSBC Bank USA dated January 31, 2017. . Document filed by HSBC Bank USA, National Association. (Underwood, Matthew)
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Filing 201
LETTER MOTION to Compel PIMCO Europe to produce documents addressed to Magistrate Judge Sarah Netburn from HSBC Bank USA dated January 31, 2017. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B)(Underwood, Matthew)
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Filing 200
ORDER granting #199 Motion for John R. Guenard to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 199
MOTION for John R. Guenard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13292103. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit)(Guenard, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #199 MOTION for John R. Guenard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13292103. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 198
LETTER MOTION to Compel HSBC to Answer Interrogatories and Produce Missing Repurchase Notices addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated February 6, 2017. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (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)(Galdston, Benjamin)
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Filing 197
LETTER addressed to Magistrate Judge Sarah Netburn from Richard D. Gluck dated 02/03/2017 re: Opposition to HSBC's Motion to Compel. Document filed by PIMCO Europe Ltd. (Subsidiary)-London, United Kingdom. (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)(Gluck, Richard)
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Filing 196
NOTICE OF APPEARANCE by Jay Gerald Safer on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Safer, Jay)
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Filing 195
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated January 18, 2017 re: #194 LETTER MOTION for Discovery Regarding Highly Relevant Evidence [redacted] addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated January 12, 2017. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Reddington, Edward)
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Filing 194
LETTER MOTION for Discovery Regarding Highly Relevant Evidence [redacted] addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated January 12, 2017. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A (under seal), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wood, Christopher)
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Filing 193
ORDER granting #189 Motion for William P. Ashworth to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 192
ORDER granting #191 Motion for Eric Alan Kuhl to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #191 MOTION for Eric Alan Kuhl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13246635. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 191
MOTION for Eric Alan Kuhl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13246635. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit, #4 Exhibit)(Kuhl, Eric)
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Filing 190
ORDER: This Order is intended to address those issues that the Court can address on the record presented. To address further privilege assertions, the parties must first exchange privilege logs. Unless the parties have agreed to an earlier date, the parties are directed to exchange privilege logs by Friday, February 10, 2017. Plaintiffs' application to file certain portions of the letter motion referring to Ms. Luong's deposition transcript, as well as Exhibit A (containing excerpts of the transcript) is GRANTED. Plaintiffs shall file their submission on ECF in redacted form. HSBC shall file its submission on ECF in its entirety. (Signed by Magistrate Judge Sarah Netburn on 1/26/2017) (kgo)
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Filing 189
MOTION for William P. Ashworth to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Affidavit)(Ashworth, William)
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Filing 188
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William P. Ashworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13241586. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit)(Ashworth, William) Modified on 1/26/2017 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #188 MOTION for William P. Ashworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13241586. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration Missing. Please read Local Rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #189 MOTION for William P. Ashworth to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 187
NOTICE OF APPEARANCE by Marissa Ann Dioguardi on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Dioguardi, Marissa)
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Filing 186
NOTICE OF APPEARANCE by Bridget Elizabeth Croutier on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Croutier, Bridget)
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Filing 185
BRIEF Coordinated Plaintiffs' Memorandum of Law Supporting Sampling. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Declaration of Scott K. Attaway, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W)(Attaway, Scott)
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Filing 184
LETTER addressed to Magistrate Judge Sarah Netburn from Scott K. Attaway dated January 5, 2017 re: Coordinated Plaintiffs' Memorandum of Law Supporting Sampling. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Attaway, Scott)
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Filing 183
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated December 16, 2016 re: Deposition Scheduling. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 182
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated December 16, 2016 re: Deposition Scheduling. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 181
ORDER granting #180 Letter Motion for Extension of Time. HSBC's deadline to respond to Plaintiffs' expert sampling report is extended until January 18, 2017. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 180
LETTER MOTION for Extension of Time to Respond to Plaintiffs' Expert Sampling Report addressed to Magistrate Judge Sarah Netburn from Andrew Rudge dated December 16, 2016. Document filed by HSBC Bank USA, National Association.(Rudge, Andrew)
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Filing 179
BRIEF Response to Plaintiffs' Memorandum of Law in Support of Sampling. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Addendum, #2 Declaration of George A. Borden, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Hoops, Jeffrey)
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Filing 178
NOTICE OF APPEARANCE by Philip Ransom Schatz on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Schatz, Philip)
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Filing 177
ORDER: The parties shall inform the Court that all depositions have been scheduled by no later than Friday, December 16, 2016. The plaintiffs' request to serve specific questions on HSBC regarding the documents that HSBC has withheld from production is therefore DENIED. The plaintiffs' request for HSBC to provide a detailed sworn statement affirming its effort to comply with the Court's discovery Orders is hereby DENIED. (Signed by Magistrate Judge Sarah Netburn on 11/29/2016) (kgo)
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Filing 176
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated November 23, 2016 re: Plaintiffs' November 18 Letter. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Reddington, Edward)
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Filing 175
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated November 18, 2016 re: HSBC's Discovery Deficiencies. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 174
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #175 Letter) - LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated November 18, 2016 re: HSBC's Discovery Deficiencies. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin) Modified on 11/22/2016 (db).
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Filing 173
ORDER terminating #162 Letter Motion for Conference. On November 10, 2016, the Plaintiffs filed a joint letter seeking a conference or, in the alternative, to compel HSBC to supplement its responses to interrogatories. HSBC responded on November 15, 2016. In this Court, the scope of interrogatories has been narrowed to reflect the Court's view that, generally, there is more effective and efficient way to obtain the information sought than through interrogatories. See generally Local Civ. R. 33.3; see also Erchonia Corp. v. Bissoon, No. 07 Civ. 8696, 2011 WL 3904600, at *7 (S.D.N.Y. Aug. 26, 2011), aff'd, 458 F. App'x 58 (2d Cir. 2012) ("The Local Rules reflect a preference for other forms of discovery, such as depositions and document requests."). This preference recognizes "the need for follow-up, observation of a prospective witness's demeanor, and avoidance of receiving pre-prepared answers so carefully tailored that they are likely to generate additional discovery disputes." In re Subpoena Issued to Dennis Friedman, 350 F.3d 65, 69 n.2 (2d Cir. 2003) (citing cases). Against this backdrop, the Court considers the plaintiffs' arguments concerning alleged deficiencies in HSBC's interrogatory responses; as further set forth herein. To the extent the Court directed the parties to meet and confer on certain disputes, they must do so within one week. If disputes remain, the parties may each file a two-page letter on Tuesday, November 29, 2016, outlining their positions. The Court requests the Clerk of Court to terminate the motions at ECF No. 222 in Case No. 14-cv-8175; ECF No. 246 in Case No. 14-cv-9366; ECF No. 162 in Case No. 14-cv-10101; ECF No. 175 in Case No. 15-cv-2144; ECF No. 115 in Case No. 15-cv-10032; and ECF No. 94 in Case No. 15-cv-10096. (Signed by Magistrate Judge Sarah Netburn on 11/17/2016) (mro)
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Filing 172
ORDER granting #171 Motion for Jeffrey Robert Hoop to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 171
CONSENT MOTION for Jeffrey Robert Hoops to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 DC Certificate of Good Standing, #3 VA Certificate of Good Standing)(Hoops, Jeffrey)
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Filing 170
ORDER granting #163 Motion for Jonah Efrem Perlin to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #171 CONSENT MOTION for Jeffrey Robert Hoops to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 169
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated November 15, 2016 re: #162 JOINT LETTER MOTION for Conference Regarding HSBC's Responses to Interrogatories addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated November 9, 2016. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Reddington, Edward)
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Filing 168
ORDER: After reviewing the parties' submissions, the Court finds that, absent consent from Wells Fargo Bank and HSBC Bank USA, it would be extraordinary to order two defendants from separate cases, appearing before two different district judges, to coordinate briefing regarding the sampling issues and to submit one joint brief. Plaintiffs' request, dated November 14, 2016, that Wells Fargo and HSBC file one 20-page joint responsive brief is therefore DENIED. The Court will file an identical Order simultaneously in Coordinated RMBS Trustee Actions Against Wells Fargo Bank, N.A., Nos. 14-cv-09371 (KPF)(SN), 14-cv-09764 (KPF)(SN), 14-cv-10067 (KPF)(SN), 14-cv-10102 (KPF)(SN), and 15-cv-10033 (KPF)(SN). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 11/15/2016) (kl)
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Filing 167
ORDER: Plaintiffs, with the exception of Triaxx, have expressed their intention to re-underwrite a sample of the loans at issue to prove their claims. HSBC objects to sampling as a valid method of proving its knowledge of defects of specific loans. Specifically, because of the significant cost and enormous attorney time required to re-underwrite loans, HSBC requests that the Court first address the threshold issue of whether sampling in this context is appropriate. On October 27, 2016, the parties appeared before the Court to discuss issues regarding the mortgage loan re-underwriting sampling process for the above-captioned Actions. The Court ordered the parties to brief the issue of whether sampling can be used to support or challenge any claim or defense in these related cases. Accordingly, the parties shall each submit a brief, not to exceed 20 double-spaced pages, addressing whether sampling should be authorized. Plaintiffs shall make a single submission by November 18, 2016. Defendant shall make its submission by December 12, 2016. No reply submission will be accepted. This schedule does not modify any other deadline in these Actions except those related to the loan re-underwriting sampling process (exclusive of the deadlines set forth in the Loan Re-Underwriting ProtocolPhase I). As further set forth in this Order. (Brief due by 12/12/2016.) (Signed by Magistrate Judge Sarah Netburn on 11/15/2016) (tro)
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Filing 166
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated November 15, 2016 re: Response to Plaintiffs' Nov. 14, 2016 Letter re: Sampling Briefing. Document filed by HSBC Bank USA, National Association.(Hodges, Kevin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #163 MOTION for Jonah Efrem Perlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12976135. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 165
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated November 14, 2016 re: sampling briefing (AMENDED). Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Wood, Christopher)
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Filing 164
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #165) - JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated November 14, 2016 re: sampling briefing. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Wood, Christopher) Modified on 11/14/2016 (ldi).
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Filing 163
MOTION for Jonah Efrem Perlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12976135. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 DC Certificate of Good Standing, #3 NY Certificate of Good Standing)(Perlin, Jonah)
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Filing 162
JOINT LETTER MOTION for Conference Regarding HSBC's Responses to Interrogatories addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated November 9, 2016. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wood, Christopher)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher M. Wood to RE-FILE Document #161 JOINT LETTER MOTION to Compel HSBC Bank USA, N.A. to Supplement Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated November 9, 2016. Use the event type Conference found under the event list Motion (Letter). (db)
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Filing 161
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION to Compel HSBC Bank USA, N.A. to Supplement Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Christopher M. Wood dated November 9, 2016. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wood, Christopher) Modified on 11/10/2016 (db).
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Filing 160
FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT MOTION for Jeffrey Robert Hoops to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12960721. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 DC Bar Certificate of Good Standing, #3 Virginia Bar Certificate of Good Standing)(Hoops, Jeffrey) Modified on 11/7/2016 (wb).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #160 CONSENT MOTION for Jeffrey Robert Hoops to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12960721. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 159
ORDER granting #158 Motion to Withdraw as Attorney. Attorney Danielle Ann D'Aquila terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 158
MOTION for Danielle A. D'Aquila to Withdraw as Attorney . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(D'Aquila, Danielle)
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***DELETED DOCUMENT. Deleted document number 156 Settlement Conference Order. The document was deleted pursuant to instructions from Chambers. (mro)
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Filing 157
LOAN RE-UNDERWRITING PROTOCOL-PHASE I: Plaintiffs having represented to the Court that they have identified, for each Bellwether Trust, the Initial Sample Loans and the Backup Sample Loans (collectively, the "Sample Loan Collection"), it is hereby ORDERED, for all Actions, as follows: Within 30 days of the Court's entry of this Loan File Re-Underwriting ProtocolPhase I, Plaintiffs shall provide HSBC with a single expert report, consistent with Rule 26 of the Federal Rules of Civil Procedure, explaining the sampling methodology and criteria for drawing the Sample Loan Collection ("Plaintiffs' Sampling Report"). Plaintiffs' Sampling Report shall, among other things: (1) define the population(s) and explain the criteria used to include and exclude loans from the population(s); (2) explain how the Sample Loan Collection, and any supplemental loan samples, were drawn from the population (e.g., simple random sampling, stratified sampling); (3) describe the full set of quantities that Plaintiffs intend to measure from the Sample Loan Collection; (4) identify which loans are in the Initial Sample Loans and which loans are in the Backup Sample Loans, and describe the methodology by which a loan from the Backup Sample Loans will be selected to replace a loan in the Initial Sample Loans; and (5) include any other information Plaintiffs believe to be necessary and appropriate for HSBC's evaluation of Plaintiffs' sampling methodology. Plaintiffs shall also produce the computer code and input files used to identify the populations(s) and draw the Sample Loan Collection. To the extent necessary to evaluate the expert's methodology, Plaintiffs shall provide with Plaintiffs' Sampling Report all documents and/or materials that their sampling expert or consultant used, considered, generated and/or relied upon in connection with Plaintiffs' Sampling Report; as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 11/2/2016) (mro)
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Filing 155
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated October 19, 2016 re: HSBC's Proposed Loan File Re-underwriting Protocol. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1)(Hodges, Kevin)
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Filing 154
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated October 19, 2016 re: Plaintiffs' [Proposed] Loan File Re-underwriting Protocol. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A)(Galdston, Benjamin)
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Filing 153
ORDER: Accordingly, Sealink is directed to issue a subpoena and follow the procedures previously set forth by the Court. HSBCs request to add four additional Sealink custodians is denied as untimely and on the merits. Accordingly, HSBC must identify which RMBS litigation it believes are directly related to the Plaintiffs' claims here. Consistent with the Court's June 7, 2016 Order, the Plaintiffs must produce deposition transcripts from only those employees who have the authority to bind the Plaintiffs or are going to testify in a deposition or at trial in this case. BlackRock, ECF No. 171. Accordingly, the Court understands that: (1) as discussed at the September 21, 2016 Conference, the Plaintiffs are working to produce department and folder specific information as required by the ESI Protocol; (2) DZ Bank is working to address the problem of "parent emails" and "orphan attachments"; (3) TIAA is working to address the problem of missing custodian metadata. TIAA has also represented that it may be producing additional documents for certain custodians. To the extent there remains a deficient production from these custodians, TIAA must report to HSBC whether there exists backup tapes or archives that should be explored for further production; (4) Phoenix Light is working to produce responsive and relevant documents from Erste Abwicklungsanstalt ("EAA"). See Phoenix Light SF Limited et al v. HSBC Bank USA, National Association, No. 14 Civ. 10101 (LGS)(SN) ("Phoenix Light"), ECF No. 147; and (5) HSBC and Royal Park continue to meet and confer regarding privilege assertions and the production of documents from Royal Park's assignor, BNP Paribas. The Plaintiffs raise additional discovery disputes related to non-CTLA custodians and four specific categories of documents. BlackRock, ECF No. 230. HSBC represents that it has responded to these complaints and that judicial intervention is unnecessary. BlackRock, ECF No. 231. Accordingly, the Court will take no further action at this time on these matters. (As further set forth in this Order) (Signed by Magistrate Judge Sarah Netburn on 10/17/2016) (kl)
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Filing 152
ORDER: The Court has received a total of twelve letters from the parties since September 30, 2016, including letters submitted by the plaintiffs jointly and by individual plaintiffs. The Court will consider each of these letters and issue rulings or schedule a conference. No party may file additional letters regarding the pending discovery disputes without first seeking leave to do so from the Court or until further order of the Court. (Signed by Magistrate Judge Sarah Netburn on 10/13/2016) (kko)
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Filing 151
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 10/12/2016 re: Response to Defendant HSBC Bank's October 5, 2016 Letter. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 149
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 10/10/2016 re: Further Status of Plaintiffs' Coordinated Statistical Sampling Expert Discovery. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 150
MEMO ENDORSEMENT on re: (161 in 1:15-cv-02144-LGS-SN) Letter filed by HSBC Bank US, National Association, (148 in 1:14-cv-10101-LGS-SN) Letter filed by HSBC Bank USA, National Association, (233 in 1:14-cv-09366-LGS-SN) Letter filed by HSBC Bank USA, (102 in 1:15-cv-10032-LGS) Letter filed by HSBC Bank USA, National Association, (208 in 1:14-cv-08175-LGS-SN) Letter filed by HSBC Bank USA National Association re: Response to Plaintiffs' October 5, 2016 Letter. ENDORSEMENT: Plaintiffs' and Defendant's respective applications are GRANTED. A conference shall be held on October 27, 2016 at 2:00 p.m. in Courtroom 19, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/7/2016) (kko)
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Set/Reset Hearings: Status Conference set for 10/27/2016 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (kko)
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Filing 148
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated October 7, 2016 re: Response to Plaintiffs' October 5, 2016 Letter. Document filed by HSBC Bank USA, National Association.(Hodges, Kevin)
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Filing 147
LETTER addressed to Magistrate Judge Sarah Netburn from Niraj J. Parekh dated October 5, 2016 re: Discovery Issues With Plaintiffs' Productions. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Parekh, Niraj)
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Filing 146
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 10/05/2016 re: Letter Regarding Status of Plaintiffs' Coordinated Statistical Sampling Expert Discovery. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 145
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated October 5, 2016 re: Response to Plaintiffs' Letter re: HSBC's Document Productions. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 144
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated September 30, 2016 re: Plaintiffs' discovery disputes with HSBC. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (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)(Galdston, Benjamin)
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Filing 143
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated September 30, 2016 re: Discovery Issues With Plaintiffs' Productions. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 142
ORDER granting #135 Motion for Noah Malachai to Appear Pro Hac Vice and granting #140 Motion for Noah Malachai to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 141
LETTER addressed to Magistrate Judge Sarah Netburn from Ryan A. Kane dated September 21, 2016 re: Response to HSBC's September 19, 2016 Letter & LFRP. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Ryan)
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Filing 140
CONSENT MOTION for Noah Malachai Weiss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 California Certificate of Good Standing, #3 DC Certificate of Good Standing)(Weiss, Noah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #140 CONSENT MOTION for Noah Malachai Weiss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 139
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated September 19, 2016 re: Update on Discovery Disputes. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 138
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated September 19, 2016 re: Loan File Re-Underwriting Protocol. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1)(Hodges, Kevin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #135 CONSENT MOTION for Amy E. Murphy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 137
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 09/16/2016 re: Status of the Parties' Discovery Disputes. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 136
ORDER: The conference adjourned on August 29, 2016, is rescheduled for Wednesday, September 21, 2016, at 2:00 p.m., in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 9/21/2016 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/16/2016) (kko)
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Filing 135
CONSENT MOTION for Amy E. Murphy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Text of Proposed Order, #2 DC Certificate of Good Standing, #3 Pennsylvania Certificate of Good Standing)(Murphy, Amy)
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Filing 134
LETTER addressed to Magistrate Judge Sarah Netburn from Ryan A. Kane dated September 8, 2016 re: Loan File Re-Underwriting Protocol. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Kane, Ryan)
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Filing 133
ORDER granting #132 Motion for Matthew B. Underwood to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #132 MOTION for Matthew B. Underwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12722198. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 132
MOTION for Matthew B. Underwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12722198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing - DC, #3 Certificate of Good Standing - MA)(Underwood, Matthew)
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Filing 131
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated September 2, 2016 re: Reunderwriting and Sampling Expert Discovery. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hodges, Kevin)
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Filing 130
LETTER addressed to Magistrate Judge Sarah Netburn from Ryan A. Kane dated August 30, 2016 re: Loan File Re-Underwriting Protocol. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Kane, Ryan)
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Filing 129
ORDER granting #127 Motion for Meghan A. Ferguson to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 128
ORDER: For the foregoing reasons, HSBC will not be required to disclose a random selection of withheld documents. The parties are ordered to meet and confer to discuss any categories of documents that the plaintiffs have specific reason to believe have been improperly withheld. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 8/26/2016) (kko)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #127 CONSENT MOTION for Meghan A. Ferguson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12692852. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 127
CONSENT MOTION for Meghan A. Ferguson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12692852. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Ferguson, Meghan)
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Filing 126
LETTER addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated August 25, 2016 re: Reunderwriting and Sampling Expert Discovery. Document filed by HSBC Bank USA, National Association.(Hodges, Kevin)
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Filing 125
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 08/25/2016 re: Status of Parties' Discovery Disputes. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 124
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated August 25, 2016 re: Status of Discovery Disputes. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1)(Reddington, Edward)
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Filing 123
BRIEF re: #121 Brief, Reply in Support of Response to Order to Show Cause. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 122
JOINT OPPOSITION BRIEF re: #121 Brief, Defendant's Response to the Court's August 9, 2016 Order to Show Cause. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 121
BRIEF re: #120 Order to Show Cause, Response to Order to Show Cause. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Reddington, Edward)
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Filing 120
ORDER TO SHOW CAUSE: By August 11, 2016, HSBC is ordered to show cause why it should not be required to produce a randomly generated sample of three percent of the documents withheld on the basis of its relevance objections by Friday, August 19, 2016. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/09/2016) (ama)
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Filing 119
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated August 8, 2016 re: Defendant HSBC Bank USA, N.A.'s Non-compliance with the Court's July 15, 2016 Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 1)(Galdston, Benjamin)
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Filing 118
MEMO ENDORSEMENT on re: (121 in 1:15-cv-02144-LGS-SN) Letter, (194 in 1:14-cv-09366-LGS-SN) Letter, (173 in 1:14-cv-08175-LGS-SN) Letter, (57 in 1:15-cv-10096-LGS) Letter, (117 in 1:14-cv-10101-LGS-SN) Letter, (71 in 1:15-cv-10032-LGS) Letter, re: Joint Status Report. ENDORSEMENT: The conference scheduled for August 11, 2016, is hereby rescheduled for 4:00 p.m., August 29, 2016, in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Status Conference set for 8/29/2016 at 04:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/2/2016) (kko)
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Filing 117
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 08/01/2016 re: Joint Status Report. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 116
ORDER: The Court has read the letters dated July 15 and July 20, 2016. The parties are instructed to meet and confer to resolve any remaining discovery disputes. A status conference is scheduled for Thursday, August 11, 2016, at 2:30 p.m., in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. The parties are instructed to update the Court by letter on the status of their disputes no later than August 9, 2016. If the parties have resolved all disputes, they shall file a joint letter saying so, and the Court will adjourn the August 11 conference. If disputes remain, the parties must file simultaneous letters no longer than three pages setting forth their positions. (Status Conference set for 8/11/2016 at 02:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/28/2016) (kko)
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Filing 115
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated July 20, 2016 re: Plaintiffs' July 15, 2016 Letter. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Reddington, Edward)
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Filing 114
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated July 15, 2016 re: Letter re: Update Concerning HSBC's Document Production Pursuant to the Court's Direction at the June 29, 2016 Conference. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 113
ORDER: The plaintiffs ask the Court to order HSBC to provide hit reports for its ESI searches and to disclose the criteria it used to withhold documents. HSBC counters that it has reviewed its collection of ESI only for responsiveness to the plaintiffs' document demands and not for relevance. HSBC claims that it has produced all non-privileged documents responsive to the plaintiffs' document demands except for those that it has properly withheld on the basis of an objection. HSBC need not provide the plaintiffs with hit reports or the criteria it used to withhold documents, the latter of which is arguably attorney work product. In accordance with the amended Federal Rule of Civil Procedure 34, however, HSBC shall identify its objections to the plaintiffs' document demands and specify which documents have been withheld based on those objections. Fed. R. Civ. P. 34(b)(2)(B), (C). In light of the press of deadlines, such supplemental responses shall be served on plaintiffs by no later than July 25, 2016. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 7/15/2016) (kko)
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Filing 112
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated July 8, 2016 re: Response to Plaintiffs' July 5 Letter. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Reddington, Edward)
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Filing 111
LETTER addressed to Magistrate Judge Sarah Netburn from Steven S. Fitzgerald dated July 5, 2016 re: HSBC's ESI Search and Document Production. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Fitzgerald, Steven)
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Filing 110
REVISED PRETRIAL SCHEDULE: On June 29, 2016, the parties appeared for a Conference to revise the pretrial schedule. The pretrial deadlines are revised as follows: Discovery. All document production shall be completed by Thursday, August 11, 2016. All fact discovery shall be completed by Friday, March 31, 2017. The parties must identify all experts by Friday, April 21, 2017. Disclosure of expert reports as required by Rule 26(a)(2)(A), (B) or (C) shall be made by Friday, May 12, 2017. The identities of experts intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be disclosed by Friday, June 02, 2017. Reports from such experts shall be disclosed by Friday, June 23, 2017. All expert discovery shall be completed by Friday, August 04, 2017. Status Letter. The parties are instructed to meet and confer in order to reach agreement on a protocol for sampling loans in the defendant trusts and for re-underwriting those loans. A joint letter informing the Court about the status of discovery shall be filed with the Court by Monday, August 01, 2016. The letter should advise the Court on the status of the parties' negotiations with respect to that protocol, the status of any outstanding document production, and whether the parties require the Court's intervention in any disputes regarding document discovery. It should also indicate whether the parties wish to schedule a settlement conference and, if so, include proposed dates on at least two consecutive weeks. The parties are, however, encouraged to contact the Court earlier if they believe a settlement conference sooner would be productive. Summary Judgment. The parties shall submit a pre-motion letter in accordance with Judge Schofield's Individual Practices on August 11, 2017. Fact Discovery due by 3/31/2017. Expert Discovery due by 8/4/2017. (Signed by Magistrate Judge Sarah Netburn on 6/30/2016) (lmb)
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Filing 109
LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated June 28, 2016 re: #104 LETTER MOTION for Extension of Time Regarding the Pre-Trial Schedule addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated June 15, 2016. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hodges, Kevin)
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Filing 108
REVISED CONFERENCE ORDER: The scheduling conference is scheduled for Wednesday, June 22, 2016, is rescheduled for Wednesday, June 29, 2016, at 4:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Scheduling Conference set for 6/29/2016 at 04:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/21/2016) (kko)
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Filing 107
LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Steven S. Fitzgerald dated June 20, 2016 re: #104 LETTER MOTION for Extension of Time Regarding the Pre-Trial Schedule addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated June 15, 2016. . Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Fitzgerald, Steven)
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Filing 106
ORDER granting #105 Letter Motion for Extension of Time: Application GRANTED. The pre-motion conference, currently scheduled for June 22, 2016, at 11:40 a.m., is adjourned to June 22, 2016, at 4:15 p.m. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Set/Reset Hearings: Pre-Motion Conference set for 6/22/2016 at 04:15 PM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Schofield, Lorna)
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Filing 105
LETTER MOTION for Extension of Time Re Request to Modify Hearing Time for June 22, 2016 Pre-Motion Conference addressed to Judge Lorna G. Schofield from Timothy A. DeLange dated 06/15/2016. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(DeLange, Timothy)
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Filing 104
LETTER MOTION for Extension of Time Regarding the Pre-Trial Schedule addressed to Magistrate Judge Sarah Netburn from Kevin Hodges dated June 15, 2016. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hodges, Kevin)
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Filing 103
DISCOVERY ORDER terminating #100 Letter Motion to Compel HSBC Bank USA, N.A. to Produce Documents. The Court finds that discovery into these unrelated proceedings will have limited relevance to this case and that the plaintiffs' request would exceed the limited discovery the Court has authorized beyond HSBC's corporate trust department. Accordingly, the Court orders HSBC to disclose FHFA deposition transcripts from only those employees who have the authority to bind the Bank or are going to testify in a deposition or trial in this case. The Court requests that the Clerk of Court terminate the pending motion at ECF No. 136 in Case No. 14-CV-08175 (LGS)(SN), and the identical motions in all related cases. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 6/7/2016) (kko)
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Filing 102
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 06/01/2016 re: Response to the Court's May 31, 2016 Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 101
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated May 13, 2016 re: #100 LETTER MOTION to Compel HSBC Bank USA, N.A. to Produce Documents addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 05-10-2016. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Reddington, Edward)
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Filing 100
LETTER MOTION to Compel HSBC Bank USA, N.A. to Produce Documents addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 05-10-2016. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Galdston, Benjamin)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 4/19/2016. (Court Reporter Rebecca Forman) (jcs)
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NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Shira A. Scheindlin is no longer assigned to the case. (wb)
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Filing 99
NOTICE OF APPEARANCE by Vincent Ted Chang on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Chang, Vincent)
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Filing 98
LETTER addressed to Magistrate Judge Sarah Netburn from Steven S. Fitzgerald dated April 7, 2016 re: Deposition Protocol and April 8, 2016 Order. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A)(Fitzgerald, Steven)
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Filing 97
JOINT LETTER addressed to Judge Lorna G. Schofield from Timothy A. DeLange dated 4/15/2016 re: April 19, 2016 Conference. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(DeLange, Timothy)
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Filing 96
ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for April 14, 2016 at 11:30 a.m., shall be adjourned to April 19, 2016 at 4:00 p.m., due to a conflict in the parties' schedule. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. Status Conference set for 4/19/2016 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/12/2016) (kgo)
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Filing 95
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated April 7, 2016 re: Deposition Protocol and April 8, 2016 Order. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A)(Reddington, Edward)
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Filing 94
DISCOVERY ORDER. HSBC shall provide its 30(b)(6) witnesses to testify on all topics by May 20, 2016. The plaintiffs may not question multiple 30(b)(6) witnesses about the same subjects. HSBC shall also provide four of the employee fact witnesses identified in the April 4, 2016 joint letter for deposition by June 6, 2016. Finally, by April 15, 2016, HSBC must certify by affidavit that it has completed production of centrally located core documents responsive to the plaintiffs' discovery requests, and as further set forth in this Discovery Order. (Signed by Magistrate Judge Sarah Netburn on 4/11/2016) Set deposition deadline for 6/6/2016 only in case no. 15cv10096, as per Chambers. (rjm).
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Filing 93
STIPULATION AND ORDER GOVERNING DEPOSITIONS. This protocol governs the noticing, scheduling, and taking of depositions in the above-coordinated actions. The parties' agreement to this protocol does not constitute an agreement or concession that any party is entitled to the discovery requested; that any particular notice, cross-notice, or subpoena of a deposition is proper; or that any particular deposition is appropriate or relevant to the subject matter of any of the coordinated actions, and does not constitute a waiver of any objections regarding such notices, the admissibility of evidence, or any defense. Any party or group of parties ("Noticing Party") may notice the deposition of any other party or agent of a party, or serve a subpoena to compel a non-party to appear at a deposition, at any time. The date, time, and anticipated length of the deposition shall be shown on the notice of deposition or subpoena. The Noticing Party to the extent practicable shall make reasonable efforts to notice the deposition at least 14 days before the date of the deposition. The parties shall work in good faith to schedule depositions on mutually agreeable dates. Depositions shall be noticed to begin at 9:00 a.m., unless a different time is agreed to in advance by the Noticing Party and the deponent, and as further set forth in this Stipulation and Order Governing Depositions. (Signed by Magistrate Judge Sarah Netburn on 4/8/2016) (rjm)
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Filing 92
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated April 4, 2016 re: Plaintiffs' Letter Regarding Discovery Conference. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Galdston, Benjamin)
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Filing 91
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated April 4, 2016 re: Deposition Protocol. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Reddington, Edward)
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Filing 90
ORDER granting #89 Letter Motion to Adjourn Conference. Application GRANTED. The status conference, currently scheduled for April 6, 2016, is adjourned to April 14, 2016, at 11:30 a.m. The parties shall file the status letter described in the Court's March 31, 2016, scheduling order by noon on April 12, 2016. The Clerk of Court is directed to close the motion at Dkt. No. 143, and the corresponding motions in the above-captioned cases. (Status Conference set for 4/14/2016 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/1/2016) (kko)
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Filing 89
LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Timothy A. DeLange dated 04/01/2016. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ).(DeLange, Timothy)
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Filing 88
SCHEDULING ORDER: Whereas this case has been assigned to me for all purposes, it is hereby, ORDERED that counsel review and comply with the Courts Individual Rules and Procedures ("Individual Rules") (available at the Courts website, http://nysd.uscourts.gov/judge/Schofield). ORDERED that counsel for all parties shall appear for a status conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. ORDERED that counsel for all parties file on ECF a joint letter with the Court no later than April 4, 2016, (parties who are not within the metropolitan tri-state area may appear by telephone by calling chambers at (212) 805-0288 at the appointed time). The parties shall append the most recent scheduling order, if any, to the status letter. The status letter should not exceed 5 pages, and should provide the following information in separate paragraphs as further set forth in this order. DATE AND PLACE OF CONFERENCE: April 6, 2016, at 4:00 p.m., in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. (Status Conference set for 4/6/2016 at 04:00 PM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 03/31/2016) (jcs) Modified on 3/31/2016 (jcs).
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Set/Reset Hearings: Status Conference set for 4/6/2016 at 04:00 PM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (jcs)
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Filing 87
DISCOVERY CONFERENCE ORDER: The parties are directed to meet and confer in an effort to reach agreement on a deposition protocol. A telephone conference is scheduled for Tuesday, April 05, 2016, at 2:30 p.m. E.S.T. to discuss scheduling depositions and any other related discovery issues. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. The plaintiffs and the defendant may each submit a three-page letter with their proposed deposition protocol by 5:00 p.m. E.S.T. on April 4, 2016. Should the parties resolve the dispute on their own, they should contact Chambers to adjourn the conference.(Telephone Conference set for 4/5/2016 at 02:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/28/2016) (kko)
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Filing 86
LETTER addressed to Magistrate Judge Sarah Netburn from Edward Reddington dated March 25, 2016 re: Response to Plaintiffs' March 22 Letter. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Reddington, Edward)
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Filing 85
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 3/22/2016 re: Motion to Compel. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit 1)(Galdston, Benjamin)
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Filing 84
REVISED SCHEDULING ORDER: Document production shall be due June 11, 2016. All fact discovery shall be completed by November 18, 2016. Any class certification motion shall be filed no later than July 11, 2016. Any opposition will be due by August 25, 2016, and any reply will be due by September 14, 2016. Experts shall be identified by December 5, 2016, and expert reports shall be due December 30, 2016. Rebuttal experts shall be identified by January 20, 2017, and rebuttal reports shall be due February 10, 2017. All expert discovery shall be completed by March 31, 2017. Any dispositive motion shall be made by May 5, 2017. Any opposition will be due by June 19, 2017, and any reply will be due July 10, 2017. (Motions due by 5/5/2017. Responses due by 6/19/2017, Replies due by 7/10/2017. Fact Discovery due by 11/18/2016. Expert Discovery due by 3/31/2017.) (Signed by Magistrate Judge Sarah Netburn on 3/11/2016) (kko)
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Filing 83
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Edward C. Reddington dated March 4, 2016 re: Proposed Schedule. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 82
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 3/04/2016 re: Report Regarding HSBC's Custodian Disclosures. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 81
BRIEFING SCHEDULING ORDER: IT IS HEREBY ORDERED that: Plaintiff shall file its opposition to the Motion on or before March 17, 2016; and Defendant shall file its reply in further support of the Motion on or before March 28, 2016. SO ORDERED. Set Deadlines/Hearing as to (19 in 1:15-cv-10032-SAS) MOTION to Dismiss Counts V and VI of the Complaint: (Responses due by 3/17/2016, Replies due by 3/28/2016.) (Signed by Judge Shira A. Scheindlin on 3/3/2016) (kko)
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Filing 80
ORDER: The discovery conference scheduled for Monday, January 25, 2016, is rescheduled for Thursday, February 18, 2016, at 2:00 p.m., in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Discovery Hearing set for 2/18/2016 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/26/2016) (kko)
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Filing 79
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 1/22/2016 re: Joint Letter Regarding Outstanding Discovery Disputes. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 78
ORDER: On January 6, 2016, the Court gave the party oral instructions to resolve certain discovery disputes. The parties are instructed to file a brief letter by January 22, 2016, no later than 6:00 PM, EST, describing any outstanding disputes. Telephone Conference set for 1/25/2016 at 03:00 PM before Magistrate Judge Sarah Netburn. At that time, the parties should jointly call Chambers, at (212) 805-0286, with all relevant individuals on the line. The settlement conference scheduled for 2/24/2016, is rescheduled for Thursday, 3/10/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. As further explained in my Procedures, all parties not just the attorneys must attend the settlement conference in person. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Thursday, March 03, 2016. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 1/7/2016) (kko) Modified on 1/8/2016 (kko).
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Filing 77
NOTICE OF APPEARANCE by Ryan Anthony Kane on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Kane, Ryan)
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Filing 76
LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin Galdston dated 1/04/2016 re: Joint Letter Regarding Outstanding Discovery Disputes. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 75
ORDER: A discovery conference is scheduled for Wednesday, January 06, 2016, at 3:00 p.m., in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. If this date is unavailable for any party, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. The parties are instructed to submit a joint letter describing outstanding discovery disputes no later than Monday, January 4, 2016. (Status Conference set for 1/6/2016 at 03:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/23/2015) (kko)
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Filing 74
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: All discovery. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Shira A. Scheindlin on 12/22/2015) (kko)
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Filing 73
JOINT LETTER addressed to Judge Shira A. Scheindlin from Kevin Hodges dated December 21, 2015 re: Special Master. Document filed by HSBC Bank USA, National Association.(Hodges, Kevin)
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Filing 72
JOINT LETTER addressed to Judge Shira A. Scheindlin from Kevin Hodges dated December 16, 2015 re: Discovery. Document filed by HSBC Bank USA, National Association.(Hodges, Kevin)
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Filing 71
LETTER RESPONSE in Opposition to Motion addressed to Judge Shira A. Scheindlin from Edward Reddington dated November 6, 2015 re: #67 LETTER MOTION to Compel HSBC Bank USA, N.A. to Comply with the Court's Sept. 4, 2015 Ruling addressed to Judge Shira A. Scheindlin from Benjamin Galdston dated 11/02/2015. . Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Reddington, Edward)
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Filing 70
ORDER granting #69 Motion to Seal Document. Plaintiffs may file Exhibit A to their November 2 letter under seal. So Ordered. (Signed by Judge Shira A. Scheindlin on 11/4/2015) (kl)
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Filing 69
LETTER MOTION to Seal Document #67 LETTER MOTION to Compel HSBC Bank USA, N.A. to Comply with the Court's Sept. 4, 2015 Ruling addressed to Judge Shira A. Scheindlin from Benjamin Galdston dated 11/02/2015. Motion to Seal Exhibit A to Plaintiffs' Motion to Compel. addressed to Judge Shira A. Scheindlin from Benjamin Galdston dated 11/02/2015. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 68
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 2/24/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Wednesday, February 17, 2016. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Signed by Magistrate Judge Sarah Netburn on 11/2/2015) (kko)
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Filing 67
LETTER MOTION to Compel HSBC Bank USA, N.A. to Comply with the Court's Sept. 4, 2015 Ruling addressed to Judge Shira A. Scheindlin from Benjamin Galdston dated 11/02/2015. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Galdston, Benjamin)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 9/4/2015.
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Filing 66
LETTER addressed to Judge Shira A. Scheindlin from Edward C. Reddington dated August 31, 2015 re: Plaintiffs' Motion to Compel Discovery from HSBC. Document filed by HSBC Bank USA, National Association.(Reddington, Edward)
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Filing 65
LETTER addressed to Judge Shira A. Scheindlin from Benjamin Galdston dated 8/25/2015 re: Motion to Compel Discovery from HSBC. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 64
STIPULATION AND ORDER: It is hereby stipulated and agreed, subject to the approval of the Court, that Mayer Brown LLP and individual attorneys Michael O. Ware and Jennifer M. Rosa be relieved and that the Clerk be directed to terminate their ECF noticing. SO ORDERED. Attorney Jennifer Marie Rosa and Michael Orth Ware terminated. (Signed by Judge Shira A. Scheindlin on 8/11/2015) (ajs) (Main Document 64 replaced on 8/11/2015) (ajs).
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Filing 63
JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/10/2015) (ajs) (Main Document 63 replaced on 8/10/2015) (ajs).
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Filing 62
ANSWER to #53 Amended Complaint,,. Document filed by HSBC Bank USA, National Association.(Borden, George)
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Filing 61
NOTICE OF APPEARANCE by Sean Patrick McGonigle on behalf of Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC. (McGonigle, Sean)
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Filing 60
STIPULATION AND ORDER REGARDING AMENDED COMPLAINT AND RESPONSE THERETO: It is hereby stipulated and agreed that Defendant will answer or otherwise respond 30 days after service of an amended complaint. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 7/29/2015) (ajs) (Main Document 60 replaced on 7/29/2015) (ajs).
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Filing 59
ORDER GRANTING EXTENSION TO FILE RESPONSIVE PLEADINGS: Having considered the Parties' Stipulation Regarding Plaintiff's Amended Complaint and Response Thereto, and good cause being shown, IT IS HEREBY ORDERED that Defendant HSBC Bank USA, N.A. will answer or otherwise respond 30 days after service of an amended complaint. (Signed by Judge Shira A. Scheindlin on 7/29/2015) (ajs) (Main Document 59 replaced on 7/29/2015) (ajs).
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Filing 58
NOTICE OF APPEARANCE by Eric Christopher Wiener on behalf of HSBC Bank USA, National Association. (Wiener, Eric)
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Filing 57
JOINT SCHEDULING ORDER: Parties shall identify rebuttal experts and areas of expert testimony by: July 29, 2016. Parties shall exchange rebuttal expert reports concurrently: Aug. 19, 2016. Motions due by 3/18/2016. Deposition due by 9/30/2016. Expert Discovery due by 9/30/2016. Discovery due by 5/27/2016. Pre-Motion Conference set for 6/7/2016 at 04:30 PM before Judge Shira A. Scheindlin. Final Pretrial Conference set for 6/7/2016 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 12/30/2016. (Signed by Judge Shira A. Scheindlin on 7/21/2015) (ajs) (Main Document 57 replaced on 7/21/2015) (ajs).
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Filing 56
LETTER addressed to Judge Shira A. Scheindlin from Benjamin Galdston dated 07/17/2015 re: Plaintiffs' Opposition to HSBC's Request for a Staggered Expert Report Schedule. Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(Galdston, Benjamin)
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Filing 55
LETTER addressed to Judge Shira A. Scheindlin from George A. Borden dated July 17, 2015 re: Proposed Schedule. Document filed by HSBC Bank USA, National Association.(Borden, George)
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Filing 54
STATUS REPORT. JOINT [PROPOSED] SCHEDULING ORDER Document filed by Blue Heron Funding II Ltd., Blue Heron Funding V Ltd., C-BASS CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V PLC, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Silver Elms CDO PLC.(DeLange, Timothy)
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Filing 53
AMENDED COMPLAINT amending #1 Complaint, against HSBC Bank USA, National Association with JURY DEMAND.Document filed by C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., C-Bass CBO XVII Ltd., Blue Heron Funding V Ltd., Silver Elms CDO PLC, Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Kleros Preferred Funding V PLC. Related document: #1 Complaint, filed by Phoenix Light SF Limited, Silver Elms CDO II Limited, C-Bass CBO XVII Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Wollmuth, David)
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ADD PARTY FOR PLEADING. Party C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Blue Heron Funding V Ltd., Silver Elms CDO PLC, C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., Kleros Preferred Funding V PLC added.Party added pursuant to #1 Complaint, #52 Amended Complaint,,. Document filed by C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited, Blue Heron Funding V Ltd., Silver Elms CDO PLC, C-BASS CBO XIV Ltd., Blue Heron Funding II Ltd., Kleros Preferred Funding V PLC. Related document: #1 Complaint, filed by Phoenix Light SF Limited, Silver Elms CDO II Limited, C-Bass CBO XVII Ltd., #52 Amended Complaint,, filed by Phoenix Light SF Limited, Silver Elms CDO II Limited, C-Bass CBO XVII Ltd..(Wollmuth, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Wollmuth re: Document No. #52 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (laq)
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Filing 52
AMENDED COMPLAINT amending #1 Complaint, against HSBC Bank USA, National Association with JURY DEMAND.Document filed by Phoenix Light SF Limited(in its own right ), Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), C-Bass CBO XVII Ltd., Silver Elms CDO II Limited. Related document: #1 Complaint, filed by Phoenix Light SF Limited, Silver Elms CDO II Limited, C-Bass CBO XVII Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Wollmuth, David)
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Filing 51
LETTER addressed to Judge Shira A. Scheindlin from Steven S. Fitzgerald dated July 1, 2015 re: Update Concerning Negating Clause Trusts. Document filed by Phoenix Light SF Limited(in its own right ).(Parekh, Niraj)
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Filing 50
ORDER: On June 24, 2015, the Honorable Shira A. Scheindlin assigned these related matters to my docket for settlement. The parties are directed to contact Courtroom Deputy Joseph Mendieta, at (212) 805-0286, no later than October 30, 2015, to schedule a settlement conference during February 2016. The parties, however, are encouraged to contact the Court sooner if they believe a settlement conference would be productive at an earlier time. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/29/2015) (ajs)
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Filing 49
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Shira A. Scheindlin on 6/24/2015) (rjm)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/24/2015.
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Filing 48
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE. The request of Eric C. Wiener for admission to practice Pro Hac Vice in the above captioned action is GRANTED. (Signed by Judge Shira A. Scheindlin on 6/23/2015) (ajs)
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Filing 47
STIPULATION AND ORDER REGARDING AMENDED COMPLAINTS AND RESPONSES THERETO: 1. Defendant will answer the complaint(s) 30 days following notice of Plaintiff(s)' decision not to amend the complaint(s). 2. If Plaintiff(s) elect to amend their complaint(s), Defendant will answer or otherwise respond 30 days after service of an amended complaint(s). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/16/2015) (ajs) (Main Document 47 replaced on 6/16/2015) (ajs).
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Filing 46
MEMO ENDORSEMENT on re: (82 in 1:14-cv-09366-SAS) Letter filed by HSBC Bank USA, (44 in 1:14-cv-10101-SAS) Letter filed by HSBC Bank USA, National Association, (49 in 1:14-cv-08175-SAS) Letter filed by HSBC Bank USA National Association, (41 in 1:15-cv-02144-SAS) Letter filed by HSBC Bank US, National Association, re: Negating Clauses. ENDORSEMENT: HSBC's request is granted. The Court's June 1 Opinion and Order in the three related cases is deemed to apply to the trusts in Exhibit 1 to HSCB's June 4 letter. Plaintiffs must cure their lack of standing in the manner established by the June 1 Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/16/2015) (ajs)
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Filing 45
NOTICE OF APPEARANCE by Roselind Franciska Hallinan on behalf of C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited. (Hallinan, Roselind)
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Filing 44
LETTER addressed to Judge Shira A. Scheindlin from George Borden dated June 4, 2015 re: Negating Clauses. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1)(Borden, George)
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Filing 43
OPINION AND ORDER #105560 re: (15 in 1:14-cv-10101-SAS, 15 in 1:14-cv-10101-SAS) MOTION to Dismiss the Complaint. MOTION to Strike Document No. (1) as to Consequential Damages. filed by HSBC Bank USA, National Association, (42 in 1:14-cv-09366-SAS, 42 in 1:14-cv-09366-SAS) MOTION to Dismiss the Complaint. MOTION to Strike Document No. (1) as to Consequential Damages. filed by HSBC Bank USA, (26 in 1:14-cv-08175-SAS, 26 in 1:14-cv-08175-SAS) MOTION to Dismiss the Complaint. MOTION to Strike Document No. (1) as to Consequential Damages. filed by HSBC Bank USA National Association. For the foregoing reasons, HSBC's motion to strike is DENIED. HSBC's motion to dismiss is GRANTED in part and DENIED in part. Specifically, HSBC's motion to dismiss is GRANTED as to: (1) Phoenix Light's claims relating to Regulation AB; (2) Phoenix Light's claims relating to document obligations with the exception of the three trusts identified in footnote 120; (3) negligence claims; (4) negligent misrepresentation claims; (5) claims under section 315(a) of the TIA; and (6) all derivative claims. Further, plaintiffs must take steps to cure their lack of standing for the trusts containing Negating Clauses and provide a status update to the Court within thirty days of the date of this Order. The Clerk of the Court is directed to close this motion (Docket No. 26 in 14 Civ. 8175, Docket No. 42 in 14 Civ. 9366, Docket No. 15 in 14 Civ. 10101). A conference is scheduled for June 24, 2015 at 4:30 p.m. SO ORDERED. (See Order.) (Status Conference set for 6/24/2015 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 6/1/2015) (ajs) Modified on 6/4/2015 (ca).
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Filing 42
LETTER addressed to Judge Shira A. Scheindlin from George A. Borden dated May 19, 2015 re: Supplemental Authority. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit BlackRock v. U.S. Bank Opinion, #2 Exhibit Phoenix Light v. U.S. Bank Opinion, #3 Exhibit NCUA v. U.S. Bank Opinion)(Borden, George)
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Filing 41
LETTER addressed to Judge Shira A. Scheindlin from George A. Borden dated 04/27/2015 re: Individual Rules and Procedures, Rule IV.K. Document filed by HSBC Bank USA, National Association.(Borden, George)
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Filing 40
NOTICE OF APPEARANCE by Edward C. Reddington on behalf of HSBC Bank USA, National Association. (Reddington, Edward)
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Filing 39
NOTICE OF APPEARANCE by Niraj Jayant Parekh on behalf of Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.). (Parekh, Niraj)
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Filing 38
ORDER: As discussed at the conference on April 9, 2015, the Court sets the following dates for discovery. The parties will exchange initial disclosures on or before April 15, 2015. Initial requests for production of documents will be exchanged on April 29, 2015 for all issues. Rolling production of documents will begin May 22, 2015. During this time, the parties will meet and confer regarding the number of trusts that will be the subject of this initial discovery. A conference is set for June 24, 2015 at 4:30 p.m. to discuss the status of discovery and set additional dates. SO ORDERED. Status Conference set for 6/24/2015 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/10/2015) (ajs) (Main Document 38 replaced on 4/10/2015) (ajs).
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/9/2015. (Bloomfield, Clifford)
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Filing 37
ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for John A. Libra to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/8/2015) (ajs)
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Filing 36
ORDER GRANTING ADMISSION PRO HAC VICE granting #7 Motion for Maximilian C. Gibbons to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/8/2015) (ajs)
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Filing 35
ORDER GRANTING ADMISSION PRO HAC VICE granting #8 Motion for Matthew C. Davies to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/8/2015) (ajs)
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Filing 34
ORDER GRANTING ADMISSION PRO HAC VICE granting #5 Motion for George A. Zelcs to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/8/2015) (spo)
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Filing 33
LETTER addressed to Judge Shira A. Scheindlin from George A. Borden dated 04/07/2015 re: Rule 16 Conference. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit Proposed Scheduling Order)(Borden, George)
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Filing 32
LETTER addressed to Judge Shira A. Scheindlin from Steven S. Fitzgerald dated March 31, 2015 re: Request for Rule 16 Conference. Document filed by C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited. (Attachments: #1 Exhibit [Proposed] Scheduling Order)(Fitzgerald, Steven)
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Filing 31
NOTICE OF APPEARANCE by Danielle Ann D'Aquila on behalf of C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited. (D'Aquila, Danielle)
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Filing 30
MEMO ENDORSEMENT on re: (27 in 1:14-cv-10101-SAS) Letter,, filed by Phoenix Light SF Limited, Silver Elms CDO II Limited, C-Bass CBO XVII Ltd., (64 in 1:14-cv-09366-SAS) Letter, filed by PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, UNCONSTRAINED BOND FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING LOCAL BOND FUND, BROOKFIELD TOTAL RETURN FUND INC., PIMCO FUNDS: PIMCO TOTAL RETURN FUND III, PIMCO FUNDS: PIMCO LONG DURATION TOTAL RETURN FUND; PIMCO FUNDS, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STRATEGIC INCOME FUND, PIMCO FUNDS: PIMCO STOCKSPLUS FUND, PIMCO INTERNATIONAL FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, TERLINGUA FUND 2, LP, BLACKROCK CORE ACTIVE LIBOR FUND B, BLACKROCK FUNDS II, INFLATION PROTECTED BOND PORTFOLIO, Pimco High Income Fund, BLACKROCK MULTISECTOR INCOME TRUST, Sealink Funding Limited, PIMCO OFFSHORE FUNDS: PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY V ALPHA FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN TOTAL RETURN STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, DIVERSIFIED INCOME FUND, PACIFIC SHORES CDO, LTD., PIMCO FUNDS: PIMCO INCOME FUND, Brookfield Mortgage Opportunity Income Fund Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES LONG DURATION CORPORATE BOND PORTFOLIO, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (U.S. DOLLARHEDGED), L VS I SPE XIV LLC, PIMCO DISTRESSED SENIOR CREDIT OPPORTUNITIES FUND II, L.P., THE PRUDENTIAL SERIES FUND, CREF BOND MARKET ACCOUNT, PIMCO COMMODITIESPLUS STRATEGY FUND; PIMCO FUNDS, PIMCO FUNDS: PIMCO LOW DURATION FUND III, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES ASSET-BACKED SECURITIES PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY 3D OFFSHORE FUND LTD., PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, TOTAL RETURN BOND FUND, BLACKROCK US MORTGAGE, LIICA RE I, INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE BOND FUND, LVS I LLC, PIMCO BERMUDA TRUST: PIMCO EMERGING MARKETS BOND FUND (M), Transamerica Life Insurance Company, PIMCO FUNDS: PIMCO WORLDWIDE FUNDAMENTAL ADVANTAGE AR STRATEGY FUND, PIMCO LARGE CAP STOCKSPLUS ABSOLUTE RETURN FUND, AST PIMCO TOTAL RETURN BOND PORTFOLIO, PCM Fund, Inc., PIMCO FUNDS: PIMCO GLOBAL ADVANTAGE STRATEGY BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO DIVIDEND AND INCOME BUILDER FUND, BLACKROCK TOTAL RETURN PORTFOLIO (INS- SERIES), THE PRUDENTIAL INVESTMENT PORTFOLIOS INC., PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YEN-HEDGED) INCOME FUND, PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL BOND FUND, PIMCO FUNDS: PIMCO LOW DURATION FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO REAL RETURN PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS AR SHORT STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES INTERNATIONAL PORTFOLIO, PIMCO FUNDS: PIMCO INVESTMENT GRADE CORPORATE BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN FOREIGN BOND FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS STRATEGY SEGREGATED PORTFOLIO, PIMCO FUNDS: PIMCO INFLATION RESPONSE MULTI-ASSET FUND; PIMCO FUNDS, LIICA Re II, Inc., BLACKROCK COREPLUS BOND FUND B, PIMCO COMBINED ALPHA STRATEGIES MASTER FUND LDC, Blackrock Balanced Capital Portfolio (FI), PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES EMERGING MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO STOCKSPLUS ABSOLUTE RETURN FUND, PIMCO ABSOLUTE RETURN STRATEGY IV IDF LLC, PACIFIC BAY CDO, LTD., DZ Bank AG, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL INVESTMENT GRADE CREDIT FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS BOND FUND, TIAA-CREF BOND PLUS FUND, PIMCO FUNDS: PIMCO DIVERSIFIED INCOME FUND, FIXED INCOME SHARES: SERIES M, PIMCO BERMUDA TRUST II: PIMCO BERMUDA JGB FLOATER FOREIGN STRATEGY FUND, PRUDENTIAL RETIREMENT INSURANCE AND ANNUITY COMPANY, BLACKROCK COREALPHA BOND MASTER PORTFOLIO, PIMCO DYNAMIC CREDIT INCOME FUND, PIMCO TACTICAL OPPORTUNITIES MASTER FUND LTD., PIMCO FUNDS: PIMCO EMERGING LOCAL BOND FUND, BLACKROCK MULTIASSET INCOME - NON-AGENCY MBS PORTFOLIO, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES DEVELOPING LOCAL MARKETS PORTFOLIO, PIMCO FUNDS: PIMCO EM FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, STOCKSPLUS FUND, PIMCO FUNDS: PIMCO LOW VOLATILITY RAFI- PLUS AR FUND, CRYSTAL RIVER CAPITAL INC.;, PIMCO TOTAL RETURN ACTIVE EXCHANGE-TRADED FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN U.S. BOND FUND, PIMCO ABSOLUTE RETURN STRATEGY II MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (U.S. DOLLAR-HEDGED), THE PRUDENTIAL SERIES FUND; BROOKFIELD MORTGAGE OPPORTUNITY INCOME FUND INC., PIMCO CAYMAN GLOBAL BOND (NZD-HEDGED) FUND; PIMCO CAYMAN TRUST, TIAA-CREF BOND FUND, BLACKROCK DYNAMIC HIGH INCOME - STRUCTURED CREDIT PORTFOLIO, PIMCO GLOBAL INCOME OPPORTUNITIES FUND, Stonebridge Life Insurance Company, LVS II LLC, PIMCO OFFSHORE FUNDS - PIMCO ABSOLUTE RETURN STRATEGY IV EFUND, FIXED INCOME SHARES: SERIES C, PIMCO DYNAMIC INCOME FUND, PIMCO ABSOLUTE RETURN STRATEGY IV MASTER FUND LDC, PIMCO FUNDS: PIMCO FOREIGN BOND FUND (UNHEDGED), PIMCO CAYMAN GLOBAL EX-JAPAN (YEN-HEDGED) BOND FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, GLOBAL ADVANTAGE REAL RETURN FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 2;, THE PRUDENTIAL INVESTMENT PORTFOLIOS, INC. 17, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX JAPAN BOND FUND; PIMCO CAYMAN TRUST, PIMCO VARIABLE INSURANCE TRUST: PIMCO EMERGING MARKETS BOND PORTFOLIO, PIMCO FUNDS: PIMCO REAL RETURN FUND, PIMCO FUNDS: PIMCO FUNDAMENTAL ADVANTAGE ABSOLUTE RETURN STRATEGY FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO SHORT-TERM PORTFOLIO, TIAA-CREF SHORT-TERM BOND FUND, The Prudential Insurance Company of America, PIMCO FUNDS: PIMCO REAL ESTATE REAL RETURN STRATEGY FUND, PIMCO FUNDS: PIMCO SMALL CAP STOCKSPLUS AR STRATEGY FUND, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, INCOME FUND;, PIMCO FUNDS: PIMCO CREDIT ABSOLUTE RETURN FUND, PIMCO ETF TRUST, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, PIMCO VARIABLE INSURANCE TRUST: PIMCO LOW DURATION PORTFOLIO, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN GLOBAL AGGREGATE BOND SEGREGATED PORTFOLIO, TIAA GLOBAL PUBLIC INVESTMENTS, MBS LLC, PIMCO FUNDS: PIMCO GNMA FUND, PIMCO FUNDS: PIMCO TOTAL RETURN FUND, PIMCO FUNDS: PIMCO GLOBAL BOND FUND (UNHEDGED); PIMCO FUNDS, Charles Schwab & Co. Inc., PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES MORTGAGE PORTFOLIO, KORE ADVISORS LP, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (U.S. DOLLARHEDGED), PIMCO FUNDS: PIMCO SMALL COMPANY FUNDAMENTAL INDEXPLUS AR STRATEGY FUND, PIMCO MULTI-SECTOR STRATEGY FUND LTD., PIMCO CORPORATE & INCOME OPPORTUNITY FUND, BLACKROCK LONG DURATION ALPHAPLUS BOND FUND, BROOKFIELD SECURITIZED CREDIT QIF FUND, PIMCO FUNDS: PIMCO FLOATING INCOME FUND, PIMCO BERMUDA TRUST II: PIMCO BERMUDA INCOME FUND (M), PIMCO FUNDS: PIMCO UNCONSTRAINED TAX MANAGED BOND FUND, TIAA-CREF LIFE INSURANCE COMPANY, PIMCO CORPORATE & INCOME STRATEGY FUND, BLACKROCK INCOME TRUST, INC., FIXED INCOME SHARES (SERIES R), PIMCO COMMODITY REAL RETURN STRATEGY FUND, PIMCO FUNDS: PRIVATE ACCOUNT PORTFOLIO SERIES SHORT-TERM PORTFOLIO, CREF SOCIAL CHOICE ACCOUNT, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN COREPLUS SEGREGATED PORTFOLIO, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO INCOME BOND FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL BOND PORTFOLIO (UNHEDGED), BLACKROCK FIXED INCOME GLOBALALPHA MASTER FUND LTD., BLACKROCK STRATEGIC INCOME OPPORTUNITIES PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND IV, PIMCO FUNDS: PIMCO LOW DURATION FUND II, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EMERGING MARKETS BOND FUND, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL AGGREGATE EX-JAPAN (YENHEDGED) BOND FUND II, PIMCO VARIABLE INSURANCE TRUST: PIMCO FOREIGN BOND PORTFOLIO (U.S. DOLLAR HEDGED), BLACKROCK COREALPHA BOND FUND E, PIMCO FUNDS: PIMCO SHORT-TERM FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN JAPAN LOW DURATION SEGREGATED PORTFOLIO, PIMCO GLOBAL CREDIT OPPORTUNITY MASTER FUND LDC, PIMCO GLOBAL STOCKSPLUS & INCOME FUND, PIMCO BERMUDA TRUST IV: PIMCO BERMUDA GLOBAL BOND EX-JAPAN FUND, PIMCO INCOME STRATEGY FUND II, PIMCO FUNDS: PIMCO INTERNATIONAL STOCKSPLUS AR STRATEGY FUND (UNHEDGED), PIMCO FUNDS: PIMCO MODERATE DURATION FUND, THE GIBRALTAR LIFE INSURANCE COMPANY, LTD., Prudential Trust Company, BLACKROCK CORE BOND TRUST, PIMCO CAYMAN TRUST: PIMCO CAYMAN GLOBAL ADVANTAGE BOND FUND, PIMCO INCOME OPPORTUNITY FUND, PIMCO ABSOLUTE RETURN STRATEGY III MASTER FUND LDC, PIMCO FUNDS: PIMCO MORTGAGE OPPORTUNITIES FUND, PIMCO VARIABLE INSURANCE TRUST: PIMCO GLOBAL ADVANTAGE STRATEGY BOND PORTFOLIO, BLACKROCK MASTER TOTAL RETURN PORTFOLIO OF MASTER BOND LLC, PIMCO FUNDS: PIMCO EMG INTL LOW VOLATILITY RAFI-PLUS AR FUND, PIMCO FUNDS: PIMCO EMERGING MARKETS CURRENCY FUND, PIMCO LONG-TERM CREDIT FUND, PIMCO CAYMAN SPC LIMITED: PIMCO CAYMAN UNCONSTRAINED BOND SEGREGATED PORTFOLIO, PIMCO ABSOLUTE RETURN STRATEGY V MASTER FUND LDC, PIMCO VARIABLE INSURANCE TRUST: PIMCO TOTAL RETURN PORTFOLIO, TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, PIMCO FUNDS: GLOBAL INVESTORS SERIES PLC, EURO BOND FUND, MILLERTON ABS CDO LTD., PIMCO VARIABLE INSURANCE TRUST: PIMCO COMMODITY REAL RETURN STRATEGY PORTFOLIO, PIMCO FUNDS: PIMCO TOTAL RETURN FUND II, PIMCO GLOBAL MULTI-ASSET FUND, PIMCO STRATEGIC INCOME FUND, INC., TIAA-CREF LIFE BOND FUND, PIMCO INCOME STRATEGY FUND, THE PRUDENTIAL INVESTMENT PORTFOLIOS 9, PIMCO FUNDS: PIMCO LONG-TERM U.S. GOVERNMENT FUND, (37 in 1:14-cv-08175-SAS) Letter, filed by Royal Park Investments SA/NA, re: Request for oral argument. ENDORSEMENT: The Court has preliminarily reviewed the parties' submissions in defendant's motion to dismiss, and concludes that oral argument will not be particularly beneficial. Plaintiffs' request for oral argument is therefore denied. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/4/2015) (ajs) (Main Document 30 replaced on 3/4/2015) (ajs).
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CASHIERS OFFICE REMARK on #18 Order Admitting Attorney KEVIN M HODGES Pro Hac Vice in the amount of $200, paid on 3/2/2015, Receipt Number 465401118293. (lcu)
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CASHIERS OFFICE REMARK on #20 Order Admitting Attorney VIDYA A MIRMIRA Pro Hac Vice in the amount of $200, paid on 3/2/2015, Receipt Number 465401118299. (lcu)
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CASHIERS OFFICE REMARK on #19 Order Admitting Attorney EDWARD C REDDINGTON Pro Hac Vice in the amount of $200, paid on 3/2/2015, Receipt Number 465401118304. (lcu)
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CASHIERS OFFICE REMARK on #21 Order Admitting Attorney ANDREW W RUDGE Pro Hac Vice in the amount of $200, paid on 3/2/2015, Receipt Number 465401118306. (lcu)
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Filing 29
FILING ERROR - WRONG FILER SELECTED - NOTICE OF APPEARANCE by Danielle Ann D'Aquila on behalf of C-Bass CBO XVII Ltd., HSBC Bank USA, National Association, Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited. (D'Aquila, Danielle) Modified on 3/6/2015 (lb).
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Filing 28
NOTICE OF APPEARANCE by Kevin Michael Hodges on behalf of HSBC Bank USA, National Association. (Hodges, Kevin)
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Filing 27
LETTER addressed to Judge Shira A. Scheindlin from Timothy A. DeLange dated 02/24/2015 re: Plaintiffs' Request for Oral Argument on Defendant's Motions to Dismiss Pursuant to Rule IV.F. Document filed by C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited.(DeLange, Timothy)
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Filing 26
DECLARATION of Andrew W. Rudge in Support re: #15 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 as to Consequential Damages.. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Rudge, Andrew)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 as to Consequential Damages. . Document filed by HSBC Bank USA, National Association. (Rudge, Andrew)
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Filing 24
NOTICE OF APPEARANCE by Vidya Atre Mirmira on behalf of HSBC Bank USA, National Association. (Mirmira, Vidya)
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Filing 23
NOTICE OF APPEARANCE by Andrew Wheeler Rudge on behalf of HSBC Bank USA, National Association. (Rudge, Andrew)
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Filing 22
JOINT MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 as to Consequential Damages. . Document filed by C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited. (Attachments: #1 Affidavit of Timothy A. DeLange, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(DeLange, Timothy)
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Filing 21
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: Andrew W. Rudge is admitted to practice Pro Hac Vice for Defendant HSBC Bank USA, N.A. (Signed by Judge Shira A. Scheindlin on 2/13/2015) (kl)
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Filing 20
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: Vidya A. Mirmira is admitted to practice Pro Hac Vice for Defendant HSBC Bank USA, N. A. (Signed by Judge Shira A. Scheindlin on 2/13/2015) (kl)
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Filing 19
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: Edward C. Reddington is admitted to practice Pro Hac Vice for Defendant HSBC Bank USA, N.A. (Signed by Judge Shira A. Scheindlin on 2/13/2015) (kl)
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Filing 18
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: Kevin M. Hodges is admitted to practice Pro Hac Vice for Defendant HSBC Bank USA, N. A. (Signed by Judge Shira A. Scheindlin on 2/13/2015) (kl)
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Filing 17
DECLARATION of George A. Borden in Support re: #15 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 as to Consequential Damages.. Document filed by HSBC Bank USA, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Borden, George)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint. MOTION to Strike Document No. #1 as to Consequential Damages. . Document filed by HSBC Bank USA, National Association. (Borden, George)
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Filing 15
MOTION to Dismiss the Complaint., MOTION to Strike Document No. #1 as to Consequential Damages.( Responses due by 2/13/2015) Document filed by HSBC Bank USA, National Association.(Borden, George)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc, a United Kingdom corporation, Corporate Parent HSBC USA, Inc., Corporate Parent HSBC North America Holdings, Inc. for HSBC Bank USA, National Association. Document filed by HSBC Bank USA, National Association.(Borden, George)
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Filing 13
NOTICE OF APPEARANCE by George Anthony Borden on behalf of HSBC Bank USA, National Association. (Borden, George)
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Filing 12
NOTICE OF APPEARANCE by Jennifer Marie Rosa on behalf of HSBC Bank USA, National Association. (Rosa, Jennifer)
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Filing 11
NOTICE OF APPEARANCE by Michael Orth Ware on behalf of HSBC Bank USA, National Association. (Ware, Michael)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited.(Finkelstein, Melissa)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint,. HSBC Bank USA, National Association served on 12/29/2014, answer due 1/20/2015. Service was accepted by Ellie Safayan, Customer Representative. Document filed by Phoenix Light SF Limited(in its own right ); Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.); C-Bass CBO XVII Ltd.; Silver Elms CDO II Limited. (Finkelstein, Melissa)
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Filing 8
MOTION for Matthew C. Davies to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464733. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.). (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Davies, Matthew)
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Filing 7
MOTION for Maximilian C. Gibbons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464688. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.). (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Gibbons, Maximilian)
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Filing 6
MOTION for John A. Libra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.). (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Libra, John)
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Filing 5
MOTION for George A. Zelcs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464596. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.). (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Zelcs, George)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for George A. Zelcs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464596. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Maximilian C. Gibbons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464688. Motion and supporting papers to be reviewed by Clerk's Office staff., #6 MOTION for John A. Libra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464648. Motion and supporting papers to be reviewed by Clerk's Office staff., #8 MOTION for Matthew C. Davies to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10464733. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 4
NOTICE OF APPEARANCE by William Andrew Maher on behalf of C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited. (Maher, William)
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NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (pgu)
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Magistrate Judge Sarah Netburn is so designated. (pgu)
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CASE ACCEPTED AS RELATED. Create association to 1:14-cv-09366-SAS. Notice of Assignment to follow. (pgu)
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Filing 3
CIVIL COVER SHEET filed. (moh)
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Filing 2
STATEMENT OF RELATEDNESS re: that this action be filed as related to 14cv9366. Document filed by C-Bass CBO XVII Ltd., Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), Phoenix Light SF Limited(in its own right ), Silver Elms CDO II Limited.(moh)
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Filing 1
COMPLAINT against HSBC Bank USA, National Association. (Filing Fee $ 350.00, Receipt Number 465401113109)Document filed by Phoenix Light SF Limited(in its own right ), Phoenix Light SF Limited(in the right of Blue Heron Funding II, Ltd., Blue Heron Funding V, Ltd., Kleros Preferred Funding V Plc, Silver Elms Cdo Plc, Silver Elms CDO II Limited, C-Bass CBO XIV Ltd.), C-Bass CBO XVII Ltd., Silver Elms CDO II Limited. (Attachments: #1 Exhibits A-E)(moh)
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SUMMONS ISSUED as to HSBC Bank USA, National Association. (moh)
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Case Designated ECF. (moh)
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CASE REFERRED TO Judge Shira A. Scheindlin as possibly related to 14cv9366. (moh)
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