| March 25, 2022 |
Filing
498
OPINION AND ORDER: Commerzbank's March 8, 2022 motion is denied. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 3/25/2022) (vfr)
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| February 8, 2022 |
Filing
490
ORDER: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calend ar if the application to restore the action is made by March 10, 2022. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc. 356 F. 3d 492, 494 n.1 (2d Cir. 2004).( Motions due by 3/10/2022.) (Signed by Judge Denise L. Cote on 2/8/2022) (vfr)
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| September 9, 2021 |
Filing
446
ORDER: Accordingly, it is hereby ORDERED that summary judgment is granted to the defendants on the plaintiff's tort claims involving CSAB 2006-4 A6A nunc pro tunc as of April 28, 2020. (Signed by Judge Denise L. Cote on 9/9/2021) (vfr)
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| April 22, 2021 |
Filing
434
ORDER re: 433 Letter. This Court received a letter dated March 18, 2021 from Oberlandesgericht Frankfurt am Main along with hundreds of pages of presumably related papers largely in German. This Court caused that letter to be docketed as ECF No. 433 without the voluminous enclosures. This Court refers the matter to the parties for any appropriate action. SO ORDERED. (Signed by Judge William H. Pauley, III on 4/22/2021) (kv)
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| March 3, 2021 |
Filing
428
ORDER re: 421 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge William H. Pauley, III from Albert J. Rota dated February 8, 2021. filed by U.S. Bank N.A. The parties having appeared for a telephonic pre-motion confere nce on March 3, 2021 regarding the parties' joint letter, (ECF No. 421), this Court enters the following schedule on consent: 1. The parties are directed to meet and confer to seek a resolution that does not necessitate judicial intervention. 2. If the parties fail to resolve the issue, Commerzbank may file a three-page supplemental letter memorandum by March 17, 2021 at 5:00 p.m. 3. U.S. Bank may file a three-page letter memorandum in response by March 19, 2021 at 5:00 p.m. 4. This Court will take the application on submission. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/3/2021) (kv)
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| February 26, 2021 |
Filing
427
ORDER granting 421 Letter Motion for Local Rule 37.2 Conference Telephone Conference set for 3/3/2021 at 03:00 PM before Judge William H. Pauley III. The parties are directed to appear for a telephonic pre-motion on March 3, 2021 at 3:00 p.m. The dial-in number for the conference is (888) 363-4749. The access code is 3070580. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/26/2021) (kv)
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| February 16, 2021 |
Filing
422
MEMORANDUM AND ORDER denying 399 Motion for Reconsideration re 393 Memorandum & Opinion. For the foregoing reasons, Commerzbank's motion for reconsideration, interlocutory appeal, or to certify a question to the Ohio Supreme Court are denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 399. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/16/2021) (kv) Modified on 2/16/2021 (kv).
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| May 22, 2020 |
Filing
405
SCHEDULING ORDER GOVERNING PHASE 2 EXPERT DISCOVERY granting 403 Letter Motion for Discovery: The Court having previously bifurcated expert discovery on loan-level re-underwriting and damages ("Phase 2 Expert Discovery") from other exper t discovery (ECF No. 147) and having reviewed the parties' joint submission regarding Phase 2 Expert Discovery, which proposed the below schedule, the following scheduling order shall govern Phase 2 Expert Discovery in this action: 1. Phase 2 op ening expert reports shall be exchanged by November 20, 2020. 2. Phase 2 rebuttal expert reports shall be exchanged by June 30, 2021. No reply reports shall be permitted. 3. All Phase 2 expert discovery shall be completed by August 31, 2021. (Signed by Judge William H. Pauley, III on 5/22/2020) (jwh)
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| May 14, 2020 |
Filing
401
ORDER: U.S. Bank is directed to respond to Commerzbank's motion for reconsideration (ECF No. 399) by May 28, 2020. U.S. Bank's response is not to exceed 20 pages. Commerzbank may file a reply not to exceed 10 pages by June 4, 2020. The Cour t will take the motion on submission. (Set Deadlines/Hearing as to 399 MOTION for Reconsideration re 393 Memorandum & Opinion: Responses due by 5/28/2020, Replies due by 6/4/2020.) (Signed by Judge William H. Pauley, III on 5/14/2020) (jwh)
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| April 28, 2020 |
Filing
393
OPINION & ORDER re: 293 MOTION for Summary Judgment: For the foregoing reasons, U.S. Bank's motion for summary judgment is granted with respect to all claims arising from the Sold Certificates and the Duke Repo Certificates. Summary judgm ent is also granted as to all claims arising from the German Certificates, but denied as to the Cayman Certificates. Summary judgment is denied as to all of Commerzbank's post-EOD claims from the surviving certificates. Summary judgment is denie d for Commerzbank's pre-EOD claims arising from a select group of certificates.44 Finally, summary judgment is granted in part and denied in part as to Commerzbank's tort claims.45 The Clerk of Court is directed to terminate the motion pending at ECF No. 293. (Signed by Judge William H. Pauley, III on 4/28/2020) (jwh)
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| December 10, 2019 |
Filing
364
ORDER: In response to the parties' letter inquiry dated November 22, 2019 (ECF No. 358), this Court contemplates allotting no more than an hour and a half for oral argument: Forty-five minutes to be shared by Defendants U.S. Bank and Bank of Am erica and forty-five minutes for Plaintiff Commerzbank. Counsel may - but are not required - to use power point slides. While the parties should be prepared to discuss any of the pertinent issues, this Court intends to focus on the Economic Loss Doctrine, the DTC's rules, Ohio's borrowing statute, and the Prevention Doctrine. (Signed by Judge William H. Pauley, III on 12/10/2019) (jwh)
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| November 19, 2019 |
Filing
345
ORDER granting 335 Motion to Seal Document: Application granted. (Signed by Judge William H. Pauley, III on 11/19/2019) (jwh)
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| September 27, 2017 |
Filing
135
OPINION & ORDER re: 89 JOINT MOTION to Dismiss filed by Bank of America N.A. For the foregoing reasons, the Trustees' motion to dismiss is granted as to the Breach of the Implied Covenant of Good Faith and Fair Dealin g claims, the Streit Act claims, the Trust Indenture Act claims, and claims arising from the 17 trusts subject to a no-action clause. The Trustees' motion to dismiss is denied as to the Breach of Contract claims, the Breach of Fiduciary Duty claims, and the Negligence claims. The Clerk of Court is directed to terminate the motion pending at ECF No. 89. (Signed by Judge William H. Pauley, III on 9/27/2017) (mro)
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| June 14, 2016 |
Filing
32
ORDER GRANTING DEFENDANTS' MOTION TO TRANSFER (Doc. 23 ). Signed by Judge Timothy S. Black on 6/14/2016. (mr) [Transferred from Ohio Southern on 6/16/2016.]
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