Commerzbank AG v. Wells Fargo Bank N.A.
Plaintiff: Commerzbank AG
Defendant: Wells Fargo Bank N.A.
Case Number: 1:2015cv10033
Filed: December 24, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Richard M. Berman
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 77
Jury Demanded By: Plaintiff
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Date Filed Document Text
August 2, 2022 Opinion or Order Filing 620 CLERK'S JUDGMENT re: 619 Memo Endorsement in favor of Wells Fargo Bank N.A. against Commerzbank AG. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo Endorsed Order dated August 1, 2022, and the Courts Opinion and Order dated July 12, 2022, the Court has GRANTED Defendant's motion for summary judgment as to the Phoenix Light Plaintiffs' claims in their entirety. Further, the Court has GRANTED in part and DENIED in part the p arties' cross-motions for summary judgment as to Commerzbank's claims. More specifically, the Court: has GRANTED Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Sold Certificates; has GRANT ED Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Negating Clause Securities, except with respect to the four loans upon which Judge Netburn reserved judgment; has GRANTED Defendant's motion fo r summary judgment as to Commerzbank's claims arising out of the Separate Trustee Claims, except with respect to the eight loans upon which Judge Netburn reserved judgment; has GRANTED Defendant's motion for summary judgment as to the Ea rly EOD Trusts, with the exception of Commerzbank's claims arising out of the OOMLT 2006-2 Trust; has GRANTED Defendant's motion for summary judgment as to the German SOL Trusts; has GRANTED Defendant's motion for summary judgment as to the Exception Report Trusts, with the exception of claims under trusts (i) GPMF 2005-AR4; (ii) GPMF 2006-AR1; (iii) GPMF 2006-AR3; (iv) MSAC 2005-WMC5; and (v) OWNIT 2006-2; and DENIED Defendant's motion for summary judgment as to the Liquidated Loans Trusts; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/2/2022) (Attachments: # 1 Right to Appeal) (km)
July 13, 2022 Opinion or Order Filing 615 ORDER: In light of the Court's denial of summary judgment on the claims related to (1) the five Exception Report Trusts, (2) the Liquidated Loans Trusts, and (3) the one Early EOD Trust (OOMLT 2006-2 Trust), the parties are ORDERED to inform the Court whether any previously unaddressed legal issues raised in the parties' cross-motions for summary judgment require pre-trial judicial resolution, including the parties' respective Daubert motions. The parties are directed to meet and confer and to file a joint letter by July 22, 2022, identifying any additional pre-trial matters that are ripe for resolution. The parties are also encouraged to discuss whether settlement at this time would be appropriate. (Signed by Magistrate Judge Sarah Netburn on 7/13/2022) (ras)
July 12, 2022 Opinion or Order Filing 614 OPINION AND ORDER re: 520 CROSS MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. filed by Commerzbank AG. For the foregoing reasons, the Court GRANTS Defendant's motion for summary j udgment as to the Phoenix Light Plaintiffs' claims in their entirety. Further, the Court GRANTS in part and DENIES in part the parties' cross-motions for summary judgment as to Commerzbank's claims. More specifically, the Court: GRANTS Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Sold Certificates; GRANTS Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Negating Clause Securities, exc ept with respect to the four loans upon which Judge Netburn reserved judgment; GRANTS Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Separate Trustee Claims, except with respect to the eight loans upon which Judge Netburn reserved judgment; GRANTS Defendant's motion for summary judgment as to the Early EOD Trusts, with the exception of Commerzbank's claims arising out of the OOMLT 2006-2 Trust; GRANTS Defendant's motion for summary judgment as to the German SOL Trusts; GRANTS Defendant's motion for summary judgment as to the Exception Report Trusts, with the exception of claims under trusts (i) GPMF 2005-AR4; (ii) GPMF 2006-AR1; (iii) GPMF 2006-AR3; (iv) MSAC 2005-WMC5; an d (v) OWNIT 2006-2; and DENIES Defendant's motion for summary judgment as to the Liquidated Loans Trusts. The Court refers Commerzbank's case back to Judge Netburn for further proceedings addressing Commerzbank's surviving claims. The Clerk of Court is directed to enter judgment for Defendant in case number 14 Civ. 10102 and to close that case. The Clerk of Court is further directed to terminate the motion at docket entry 520 in case number 15 Civ. 10033 and to lift the stay in that case. SO ORDERED. Case Stay Lifted. (Signed by Judge Katherine Polk Failla on 7/12/2022) (kv)
March 24, 2021 Opinion or Order Filing 575 ORDER: An all-day settlement conference is scheduled for April 13, 2021, from 10:00 a.m. to 6:00 p.m. The Court will be in communication with the parties regarding the conference format and preconference submissions in the coming weeks. (Settlement Conference set for 4/13/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/24/2021) (ras)
March 2, 2021 Opinion or Order Filing 500 ORDER granting 493 Motion to Seal; granting 495 Letter Motion to Seal. The Court GRANTS the Parties' joint-request to file documents under seal, at 14-cv-10102, ECF No. 549, and 15-cv-10033, ECF No. 495, on an interim basis and may rec onsider this ruling when a decision is issued on the underlying motions. The parties may: (1) redact or file under seal nonpublic personal borrower information found in the Motion Papers; (2) redact or file under seal nonpublic sensitive informati on of current and former employees found in the Motion Papers; (3) file under seal complete documents that contain voluminous amounts of nonpublic personal borrower information; (4) publicly file documents containing full loan numbers where those loan numbers are not connected to any nonpublic personal borrower information; (5) file publicly those portions of deposition transcripts that are cited in the Motion papers, while filing the full deposition transcripts under seal; and (6) file under seal a limited number of documents included in the Motion Papers that contain proprietary or competitively sensitive information regarding the Parties' businesses, litigation strategies, and/or implicate privacy interests of nonparties. The Court additionally GRANTS the non-party motions at 14-cv-10102, ECF No. 547, and 15-cv-10033, ECF No. 493. (Signed by Magistrate Judge Sarah Netburn on 3/2/2021) (ras)
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Plaintiff: Commerzbank AG
Represented By: Steven Sanford Fitzgerald
Represented By: Robert Thomas Franciscovich
Represented By: Ryan Anthony Kane
Represented By: David H Wollmuth
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Defendant: Wells Fargo Bank N.A.
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