Ambac Assurance Corporation v. US Bank National Association
Plaintiff: AMBAC Assurance Corporation and Segregated Account of Ambac Assurance Corporation
Defendant: US Bank National Association
Respondent: The Bank of New York Mellon and Bank of America, N.A.
Case Number: 1:2017cv02614
Filed: April 11, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul A Engelmayer
Referring Judge: Katharine H Parker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2023 Opinion or Order Filing 350 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, by their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, that this action, and all claims and causes of action asserted in this action against U.S. Bank National Association, are dismissed with prejudice, and without costs, expenses, or attorneys' fees to any party. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/13/2023) (ks)Party US Bank National Association terminated. Modified on 11/13/2023 (ks).
November 9, 2023 Opinion or Order ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #349 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
November 8, 2023 Opinion or Order Filing 349 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) US Bank National Association and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by AMBAC Assurance Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ricardo, Henry)
November 8, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Henry Ricardo. RE-FILE Document No. #348 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)
November 7, 2023 Opinion or Order Filing 348 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) US Bank National Association and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by AMBAC Assurance Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ricardo, Henry) Modified on 11/8/2023 (tp).
October 31, 2023 Opinion or Order Filing 347 ORDER granting #346 Letter Motion for Extension of Time. Granted. The Court thanks counsel for this update. Brief due by 11/24/2023. Reply to Response to Brief due by 1/12/2024. Responses to Brief due by 12/27/2023. (Signed by Judge Paul A. Engelmayer on 10/31/2023) (rro)
October 31, 2023 Opinion or Order Filing 346 JOINT LETTER MOTION for Extension of Time request for extension of the schedule for briefing on Ambac's use of statistical sampling addressed to Judge Paul A. Engelmayer from Henry Ricardo dated October 31, 2023. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
October 11, 2023 Opinion or Order Filing 345 ORDER GRANTING MOTION TO WITHDRAW JOSEPH Z. CZERWIEN AS COUNSEL granting #342 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the Motion to Withdraw Joseph Z. Czerwien as Counsel for Defendant U.S. Bank National Association in the above-captioned action is GRANTED. Joseph Z. Czerwien is withdrawn as counsel ofrecord for Defendant U.S. Bank National Association and the clerk is directed to remove jczerwien@jonesday.com from the CMECF notice list. Attorney Joseph Zachary Czerwien terminated (Signed by Judge Paul A. Engelmayer on 10/11/2023) (rro)
October 10, 2023 Opinion or Order Filing 344 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by US Bank National Association. Related Document Number: #342 ..(Czerwien, Joseph)
October 10, 2023 Opinion or Order Filing 343 DECLARATION of Joseph Z. Czerwien in Support re: #342 MOTION for Joseph Z. Czerwien to Withdraw as Attorney .. Document filed by US Bank National Association..(Czerwien, Joseph)
October 10, 2023 Opinion or Order Filing 342 MOTION for Joseph Z. Czerwien to Withdraw as Attorney . Document filed by US Bank National Association..(Czerwien, Joseph)
October 10, 2023 Opinion or Order Filing 341 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #342 Motion) - MOTION for Joseph Z. Czerwien to Withdraw as Attorney . Document filed by US Bank National Association. (Attachments: #1 Affidavit Declaration of Joseph Z. Czerwien in Support of Motion to Withdraw, #2 Proposed Order Granting Motion to Withdraw).(Czerwien, Joseph) Modified on 10/11/2023 (db).
October 10, 2023 Opinion or Order Filing 340 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #342 Motion) - MOTION for Joseph Z. Czerwien to Withdraw as Attorney . Document filed by US Bank National Association. (Attachments: #1 Affidavit Declaration of Joseph Z. Czerwien in Support of Motion to Withdraw, #2 Proposed Order Granting Motion to Withdraw).(Czerwien, Joseph) Modified on 10/11/2023 (db).
September 28, 2023 Opinion or Order Filing 339 MEMO ENDORSEMENT on re: #338 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: Granted. SO ORDERED. (Brief due by 11/3/2023., Responses due by 12/6/2023, Replies due by 12/22/2023.) (Signed by Judge Paul A. Engelmayer on 9/28/2023) (rro)
September 28, 2023 Opinion or Order Filing 338 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry Ricardo dated September 28, 2023 re: proposed schedule for briefing pursuant to the Court's September 21, 2023 Opinion and Order (ECF No. 337). Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
September 21, 2023 Opinion or Order Filing 337 OPINION & ORDER re: #314 MOTION for Partial Summary Judgment . filed by AMBAC Assurance Corporation, #319 CROSS MOTION for Partial Summary Judgment . filed by US Bank National Association. For the foregoing reasons, the Court grants Ambac' s motion for partial summary judgment and denies U.S. Bank's motion for partial summary judgment. The parties shall file, within one week of this opinion, a joint letter as to their proposed schedule for briefing on Ambac's use of statistical sampling. Following the Court's resolution of the briefing regarding the sampling issue, the parties shall propose a schedule for Phase 2 discovery. The Clerk of Court is respectfully directed to terminate all pending motions. (Signed by Judge Paul A. Engelmayer on 9/21/2023) (rro)
June 16, 2023 Opinion or Order Filing 336 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
June 16, 2023 Opinion or Order Filing 335 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023..(McGuirk, Kelly)
June 5, 2023 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 6/5/2023. Plaintiff's counsel present. Defense counsel present. Court reporter present. (ajs)
May 4, 2023 Opinion or Order Filing 334 OPINION AND ORDER re: #302 MOTION to Intervene.. For the following reasons, the Court denies the motion to intervene. As further set forth by this Order. The Court respectfully directs the Clerk of Court to close the motion pending at docket 302. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/4/2023) (tg)
April 3, 2023 Opinion or Order Filing 333 ORDER granting #323 Letter Motion for Oral Argument; granting #327 Letter Motion for Oral Argument. The Court has received the parties' cross-motions for partial summary judgment, on which they have requested oral argument. See Dkts. 323,327. The Court hereby grants the motions and schedules oral argument for Monday, June 5, 2023 at 10 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007.. (Signed by Judge Paul A. Engelmayer on 4/3/2023) (rro)
April 3, 2023 Opinion or Order Set/Reset Hearings: Oral Argument set for 6/5/2023 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (rro)
February 10, 2023 Opinion or Order Filing 332 REPLY AFFIRMATION of Michael T. Marcucci in Support re: #319 CROSS MOTION for Partial Summary Judgment .. Document filed by US Bank National Association. (Attachments: #1 Exhibit S - BASIC 2006-1 Servicing Agreement Excerpts, #2 Exhibit T - GPMF 2006-AR8 Trust Agreement Excerpts, #3 Exhibit U - SAIL 2005-8 Trust Agreement Excerpts, #4 Exhibit V - SASC 2006-BC1 Trust Agreement Excerpts).(Marcucci, Michael)
February 10, 2023 Opinion or Order Filing 331 COUNTER STATEMENT TO #316 Rule 56.1 Statement. Document filed by US Bank National Association..(Marcucci, Michael)
February 10, 2023 Opinion or Order Filing 330 REPLY MEMORANDUM OF LAW in Support re: #319 CROSS MOTION for Partial Summary Judgment . . Document filed by US Bank National Association..(Adler, David)
January 13, 2023 Opinion or Order Filing 329 MEMO ENDORSED ORDER granting #328 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Keith Kollmeyer terminated.) (Signed by Judge Paul A. Engelmayer on 1/13/23) (yv)
January 12, 2023 Opinion or Order Filing 328 MOTION for Keith Kollmeyer to Withdraw as Attorney . Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Declaration of Keith Kollmeyer ISO Motion to Withdraw, #2 Text of Proposed Order re: Withdrawal of Keith Kollmeyer).(Kollmeyer, Keith)
January 12, 2023 Opinion or Order Filing 327 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Henry Ricardo dated January 12, 2023. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
January 12, 2023 Opinion or Order Filing 326 REPLY AFFIDAVIT of Henry J. Ricardo in Support re: #314 MOTION for Partial Summary Judgment .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, NCUA v. U.S. Bank--U.S. Bank's Reply Brief 2020.07.02, #2 Exhibit 2, Warren Deposition, #3 Exhibit 3, Kaplan Deposition Excerpts, #4 Exhibit 4, Stern Deposition Excerpts, #5 Exhibit 5, Bruce Deposition Transcript 2019.10.24, #6 Exhibit 6, McCormick Deposition Transcript 2019.12.13, #7 Exhibit 7, McCormick Depo Ex. 210, #8 Exhibit 8, McCormick Depo. Ex. 211, #9 Exhibit 9, Kim Depo. Excerpts 2019-11-22, #10 Exhibit 10, Pilku Depo. Excerpts 2019.11.06, #11 Exhibit 11, Ambacs Non-Municipal Credit Underwriting Policies, #12 Exhibit 12, Gobin Depo. Ex. 277, #13 Exhibit 13, Byrnes Depo. Excerpts 2019.10.10, #14 Exhibit 14, Gupta Deposition Transcript 2019.11.21, #15 Exhibit 15, NCUA's Fourth Amended Complaint 2020.04.13, #16 Exhibit 16, NCUA's BIO to U.S. Bank's Motion to Dismiss FAC, #17 Exhibit 17, U.S. Bank's brief in support of dismissing NCUA's FAC 2020.04.20, #18 Exhibit 18, Wells Fargo 56.1 Reply Excerpts, #19 Exhibit 19, Wells Fargo's Brief in Support of Summary Judgment 2020.10.29, #20 Exhibit 20, Excerpt from AMSI 2005-R1 PSA, #21 Exhibit 21, AMSI 2005-R1 ProSupp, #22 Exhibit 22, Excerpt from ARSI 2005-W5 PSA, #23 Exhibit 23, ARSI 2005-W5 ProSupp, #24 Exhibit 24, Excerpt from GSAMP 2004-WF Trust Agreement, #25 Exhibit 25, Excerpt from GSAMP 2004-WF MSWSA, #26 Exhibit 26, GSAMPS 2004-WF ProSupp, #27 Exhibit 27, Excerpt from PPSI 2005-WHQ3 PSA, #28 Exhibit 28, PPSI 2005-WHQ3 ProSupp).(Ricardo, Henry)
January 12, 2023 Opinion or Order Filing 325 RESPONSE re: #321 Rule 56.1 Statement . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
January 12, 2023 Opinion or Order Filing 324 REPLY MEMORANDUM OF LAW in Support re: #314 MOTION for Partial Summary Judgment . and in Opposition to U.S. Bank's Cross-Motion for Partial Summary Judgment #319 . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
December 8, 2022 Opinion or Order Filing 323 LETTER MOTION for Oral Argument on U.S. Bank's Cross-Motion for Partial Summary Judgment and Ambac's Motion for Partial Summary Judgment addressed to Judge Paul A. Engelmayer from David F. Adler dated December 8, 2022. Document filed by US Bank National Association..(Adler, David)
December 8, 2022 Opinion or Order Filing 322 DECLARATION of Michael T. Marcucci in Support re: #319 CROSS MOTION for Partial Summary Judgment .. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Warren Declaration and Expert Report excerpts, #2 Exhibit B - WaMu 2007-OA2 ProSupp, #3 Exhibit C - EQABS 2004-1 ProSupp, #4 Exhibit D - Aug. 2, 2013 Letter from Ambac to U.S. Bank, #5 Exhibit E - Harborview 2005-2 Ambac Credit Memo, #6 Exhibit F - Harborview 2005-8 Ambac Credit Memo, #7 Exhibit G - Harborview 2005-12 Ambac Credit Memo, #8 Exhibit H - Harborview 2005-13 Ambac Credit Memo, #9 Exhibit I - Harborview 2005-16 Ambac Credit Memo, #10 Exhibit J - McCormick Depo. Ex. 210, #11 Exhibit K - Bruce Depo. Ex. 106, #12 Exhibit L - Bruce Depo. Excerpts, #13 Exhibit M - Ambac Credit Underwriting Policies, #14 Exhibit N - Matanle Ambac v. Countrywide Depo. Excerpts, #15 Exhibit O - Kim Depo. Excerpts, #16 Exhibit P - Sept. 28, 2011 Letter from Ambac to U.S. Bank, #17 Exhibit Q - Mar. 5, 2012 Notice from U.S. Bank to Holders in Harborview 2005-8, #18 Exhibit R - July 27, 2012 letter from Foley & Lardner to Morgan Lewis).(Marcucci, Michael)
December 8, 2022 Opinion or Order Filing 321 RULE 56.1 STATEMENT. Document filed by US Bank National Association..(Marcucci, Michael)
December 8, 2022 Opinion or Order Filing 320 MEMORANDUM OF LAW in Support re: #319 CROSS MOTION for Partial Summary Judgment . and in Opposition to Ambac's Motion for Partial Summary Judgment [ECF No. 314]. Document filed by US Bank National Association..(Adler, David)
December 8, 2022 Opinion or Order Filing 319 CROSS MOTION for Partial Summary Judgment . Document filed by US Bank National Association..(Adler, David)
December 1, 2022 Opinion or Order Filing 318 DECLARATION of Henry J. Ricardo in Support re: #314 MOTION for Partial Summary Judgment .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, Oral Argument Transcript, dated August 17, 2022, #2 Exhibit 2, Master Mortgage Loan Purchase and Servicing Agreement, dated as of April 1, 2003, #3 Exhibit 3, Pooling and Servicing Agreement, dated as of March 1, 2005, part 1 of 2, #4 Exhibit 3, Pooling and Servicing Agreement, dated as of March 1, 2005, part 2 of 2, #5 Exhibit 4, Reconstituted Servicing Agreement, dated as of March 1, 2005, #6 Exhibit 5, Prospectus Supplement, dated as of April 7, 2005).(Ricardo, Henry)
November 8, 2022 Opinion or Order Filing 317 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Henry J. Ricardo in Support re: #314 MOTION for Partial Summary Judgment .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, Oral Argument Transcript, dated August 17, 2022, #2 Exhibit 2, Master Mortgage Loan Purchase and Servicing Agreement, dated as of April 1, 2003, #3 Exhibit 3, Pooling and Servicing Agreement, dated as of March 1, 2005, #4 Exhibit 4, Reconstituted Servicing Agreement, dated as of March 1, 2005, #5 Exhibit 5, Prospectus Supplement, dated as of April 7, 2005).(Ricardo, Henry) Modified on 12/1/2022 (lb).
November 8, 2022 Opinion or Order Filing 316 RULE 56.1 STATEMENT. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
November 8, 2022 Opinion or Order Filing 315 MEMORANDUM OF LAW in Support re: #314 MOTION for Partial Summary Judgment . . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
November 8, 2022 Opinion or Order Filing 314 MOTION for Partial Summary Judgment . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
October 27, 2022 Opinion or Order Filing 313 REPLY TO AMBAC ASSURANCE'S OPPOSITION TO BARBARA STEPHEN'S MOTION TO INTERVENE, re: #308 Memorandum of Law in Opposition to Motion, #310 Declaration in Opposition to Motion, #309 Declaration in Opposition to Motion. (sc)
October 24, 2022 Opinion or Order Filing 312 AFFIDAVIT OF SERVICE of Memorandum of Law in Opposition to Movants Motion to Intervene and supporting papers served on Barbara Stephens on October 20, 2022. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
October 21, 2022 Opinion or Order Filing 311 ORDER: The Court received a pro se motion to intervene in this case from a Barbara Stephens. Dkt. 302. On October 6, 2022, the Court directed the parties to respond to the motion by October 20, 2022. Dkt. 305. On October 20, 2022, plaintiff Ambac Assurance Corporation ("Ambac") filed its opposition to the motion to intervene. See Dkts. 308, 309, 310. The Court directs Barbara Stephens to file a reply to Ambac's opposition or file a letter declining the option to reply by November 4, 2022. The Court will thereafter resolve the motion. SO ORDERED. ( Replies due by 11/4/2022.) (Signed by Judge Paul A. Engelmayer on 10/21/2022) (vfr)
October 20, 2022 Opinion or Order Filing 310 DECLARATION of Mark G. Young in Opposition re: #302 MOTION to Intervene.. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, Notice of Subpoena, June 21, 2022, #2 Exhibit 2, Notice of Subpoena, August 18, 2022, #3 Exhibit 3, Email from M. Young, dated August 18, 2022).(Ricardo, Henry)
October 20, 2022 Opinion or Order Filing 309 DECLARATION of Henry J. Ricardo in Opposition re: #302 MOTION to Intervene.. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, Email from H. Ricardo dated 9/16/22).(Ricardo, Henry)
October 20, 2022 Opinion or Order Filing 308 MEMORANDUM OF LAW in Opposition re: #302 MOTION to Intervene. . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
October 18, 2022 Opinion or Order Filing 307 MEMO ENDORSEMENT: on re: #306 Letter filed by AMBAC Assurance Corporation ENDORSEMENT: The Court endorses the proposed briefing schedules outlined above and grants the requested extension with respect to the expert deposition.SO ORDERED., ( Cross Motions due by 12/8/2022., Deposition due by 11/22/2022., Motions due by 11/8/2022., Responses due by 1/12/2023, Replies due by 2/10/2023.) (Signed by Judge Paul A. Engelmayer on 10/17/2022) (ama)
October 14, 2022 Opinion or Order Filing 306 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and Michael T. Marcucci dated October 14, 2022 re: in response to the Court's September 30, 2022 Opinion and Order #304 . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
October 6, 2022 Opinion or Order Filing 305 ORDER with respect to #302 Motion to Intervene. The Court has received a pro se motion to intervene in this case from a Barbara Stephens. Dkt. 302. On September 21, 2022, the Court stated that it would commission responses from the parties after issuing a decision on the pending summary judgment motions. Dkt. 303. Having decided the summary judgment motions, see Dkt. 304, the Court directs the parties to respond to the motion to intervene by Thursday, October 20, 2022. The Court does not invite a reply at this time. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/6/2022) (vfr)
October 6, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 10/20/2022 (vfr)
September 30, 2022 Opinion or Order Filing 304 OPINION & ORDER re: #238 MOTION for Partial Summary Judgment, filed by US Bank National Association; #241 MOTION for Partial Summary Judgment, filed by AMBAC Assurance Corporation; #295 LETTER MOTION for Extension of Time Updated Request for Extension of Briefing Deadlines addressed to Judge Paul A. Engelmayer from Stephanie Teplin dated August 19, 2022, filed by AMBAC Assurance Corporation. For the reasons above, the Court grants in part and denies in part U.S. Bank's motion for partial summary judgment; and grants in full Ambac's motion for partial summary judgment. As addressed during both the February 17 conference and the August 17 oral argument, an outstanding question in this case-which, among other implications, has the potential to greatly affect the forthcoming Phase 2 expert discovery-regards whether Subsection 14.0l(ii) of the MMLPSA is ambiguous as to which entity the term "seller" references. The parties have not moved for summary judgment on that question. And its answer does not ineluctably follow from the Court's resolution of the motions addressed in this opinion. The parties are instructed to file a joint letter, no later than October 14, 2022, setting out their view as to the most efficient means by which that issue may be litigated. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 238,241, and 295. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/30/2022) (va)
September 21, 2022 Opinion or Order Filing 303 ORDER with respect to #302 Motion to Intervene. The Court has received a pro se motion to intervene in this case from a Barbara Stevens. Dkt. 302. The Court does not invite responses from the parties at this time but will commission such responses after the Court's decision on the pending summary judgment motions issues. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/21/2022) (tg)
September 19, 2022 Opinion or Order Filing 302 MOTION TO INTERVENE. Document filed by Barbara Stephens, proposed intervenor.(sc) Modified on 9/20/2022 (sc).
September 2, 2022 Opinion or Order Filing 301 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/17/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
September 2, 2022 Opinion or Order Filing 300 TRANSCRIPT of Proceedings re: CONFERNECE held on 8/17/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/23/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 12/1/2022..(McGuirk, Kelly)
September 2, 2022 Opinion or Order Filing 299 LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated September 2, 2022 re: Supplemental Letter Brief Reply. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
August 30, 2022 Opinion or Order Filing 298 LETTER addressed to Judge Paul A. Engelmayer from Michael T. Marcucci dated August 30, 2022 re: Defendant U.S. Bank's Supplemental Letter Brief. Document filed by US Bank National Association..(Marcucci, Michael)
August 25, 2022 Opinion or Order Filing 297 LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated August 25, 2022 re: Supplemental Letter Brief. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A - Excerpt from June 21, 2021 Rebuttal Report of Christopher James, #2 Exhibit B - Ambac v. U.S. Bank Oral Argument Transcript, August 17, 2022).(Ricardo, Henry)
August 19, 2022 Opinion or Order Filing 296 MEMO ENDORSEMENT on re: #294 Letter Request for Extension of Briefing Deadlines filed by AMBAC Assurance Corporation. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/19/22) (yv)
August 19, 2022 Opinion or Order Filing 295 LETTER MOTION for Extension of Time Updated Request for Extension of Briefing Deadlines addressed to Judge Paul A. Engelmayer from Stephanie Teplin dated August 19, 2022. Document filed by AMBAC Assurance Corporation..(Teplin, Stephanie)
August 19, 2022 Opinion or Order Filing 294 LETTER addressed to Judge Paul A. Engelmayer from Stephanie Teplin dated August 19, 2022 re: Request for Extension of Briefing Deadlines. Document filed by AMBAC Assurance Corporation..(Teplin, Stephanie)
August 18, 2022 Opinion or Order Filing 293 ORDER: Plaintiff shall file its supplemental letter, no longer than 5 single-spaced pages, by Tuesday, August 23, 2022 at 5pm. Defense shall file its response letter, no longer than 5 single spaced pages, by Friday, August 26, 2022, at 5pm. Plaintiff may file a reply letter, no longer than 3 single-spaced pages, by Monday, August 29, 2022, at 5pm. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/18/2022) (ks)
August 17, 2022 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 8/17/2022. Plaintiff's counsel present. Defense counsel present. Court reporter present. (ajs)
August 10, 2022 Opinion or Order Filing 292 LETTER addressed to Judge Paul A. Engelmayer from David F. Adler dated August 10, 2022 re: response to two letters from Plaintiff dated August 5, 2022 (ECF No. 291) and August 4, 2022 (ECF No. 290). Document filed by US Bank National Association..(Adler, David)
August 5, 2022 Opinion or Order Filing 291 LETTER addressed to Judge Paul A. Engelmayer from Henry Ricardo dated August 5, 2022 re: Response to Defendant's Supplemental Authority (ECF No. 288). Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
August 4, 2022 Opinion or Order Filing 290 LETTER addressed to Judge Paul A. Engelmayer from Henry Ricardo dated August 4, 2022 re: Corrected letter enclosing supplemental authorities. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, Phoenix Light SF LTD (SDNY 2022), #2 Exhibit 2, Deutsche Bank Trust Co. (SDNY 2022)).(Ricardo, Henry)
August 4, 2022 Opinion or Order Filing 289 LETTER addressed to Judge Paul A. Engelmayer from Henry Ricardo dated August 4, 2022 re: Supplemental Authorities. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
August 1, 2022 Opinion or Order Filing 288 LETTER addressed to Judge Paul A. Engelmayer from David F. Adler dated August 1, 2022 re: Notice of supplemental authority. Document filed by US Bank National Association..(Adler, David)
July 5, 2022 Opinion or Order Filing 287 ORDER GRANTING MOTION TO WITHDRAW SHIMSHON BALANSON AS COUNSEL granting #286 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the Motion to Withdraw Shimshon Balanson as Counsel for Defendant U.S. Bank National Association in the above-captioned action is GRANTED. Shimshon Balanson is withdrawn as counsel of record for Defendant U.S. Bank National Association and the clerk is directed to remove sbalanson@jonesday.com from the CMECF notice list. (Attorney Shimshon Balanson terminated.) (Signed by Judge Paul A. Engelmayer on 7/5/22) (yv)
July 5, 2022 Opinion or Order Filing 286 MOTION for Shimshon Balanson to Withdraw as Attorney . Document filed by US Bank National Association. (Attachments: #1 Exhibit Declaration of Shimshon Balanson in support of Motion to Withdraw, #2 Exhibit Proposed Order Granting Motion to Withdraw Balanson as Attorney).(Balanson, Shimshon)
June 28, 2022 Opinion or Order Filing 285 STIPULATION AND ORDER REGARDING AMBAC'S FIFTH AND SIXTH CAUSES OF ACTION: NOW, THEREFORE, IT IS ORDERED: 1. The stay entered with respect to Ambac's Fifth and Sixth Causes of Action is lifted. 2. Consistent with the District Court Orders and the Second Circuit Order, Ambac's Fifth Cause of Action for declaratory judgment is dismissed as duplicative of its Sixth Cause of Action for breach of contract. 3. Consistent with the District Court Orders and Second Circuit Order, the governing agreements for the Covered Trusts are construed as follows: a. With respect to any Distribution Date on which the Available Funds include Recoveries ("Current Period Recoveries"), distributions under Section 5.01 of the PSAs for such Distribution Date shall be determined using Class Certificate Principal Balances or Class Principal Balances, as applicable, that have been increased to account for Current Period Recoveries pursuant to and in accordance with Section 5.07 or 5.08, as applicable, of the PSAs. b. U.S. Bank is not permitted to offset Recoveries against Realized Losses, and shall account for Recoveries and Realized Losses as two separate components when administering the Waterfall Provisions. c. With respect to any Distribution Date on which the Available Funds include Recoveries and on which there are unreimbursed amounts that Ambac has paid under the Certificate Insurance Policy, Ambac is eligible to receive repayment of such unreimbursed amounts from such Recoveries (including any interest owed to Ambac under the governing agreements) solely through Available Funds, if any, payable under the Certificate Insurer Reimbursement Amount in the positions so designated in Section5.01 of the PSAs. 4. This Stipulation resolves all issues related to liability on Ambac's Fifth and Sixth Causes of Action. 5. The Parties may engage in Phase 2 expert discovery, as defined in the Eighth Revised Scheduling Order (ECF 207), with respect to any damages relating to Ambac's Sixth Cause of Action. 6. The Parties reserve their respective rights as to the application of the District Court Orders and the Second Circuit Order to claims other than Ambac's Fifth and Sixth Causes of Action. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/28/2022) (jca)
June 28, 2022 Opinion or Order Filing 284 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and Michael T. Marcucci dated June 28, 2022 re: status of Ambac's fifth and sixth causes of action. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit Stipulation and [Proposed] Order Regarding Ambac's Fifth and Sixth Causes of Action).(Ricardo, Henry)
June 24, 2022 Opinion or Order Filing 283 LETTER addressed to Judge Paul A. Engelmayer from Henry Ricardo dated June 24, 2022 re: supplemental authority. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
June 21, 2022 Opinion or Order Filing 282 ORDER granting #281 LETTER MOTION for Oral Argument adjournment from August 10, 2022 (ECF No. 280) to a later date. Granted. Oral argument on the pending motions for partial summary judgment is rescheduled to August 17, 2022, at 2 p.m. (Signed by Judge Paul A. Engelmayer on 6/21/2022) (jca)
June 21, 2022 Opinion or Order Filing 281 LETTER MOTION for Oral Argument adjournment from August 10, 2022 (ECF No. 280) to a later date addressed to Judge Paul A. Engelmayer from Michael T. Marcucci dated June 21, 2022. Document filed by US Bank National Association..(Marcucci, Michael)
June 21, 2022 Opinion or Order Set/Reset Hearings: Oral Argument set for 8/17/2022 at 02:00 PM before Judge Paul A. Engelmayer. (jca)
June 17, 2022 Opinion or Order Filing 280 ORDER granting #251 Letter Motion for Oral Argument; granting #254 Letter Motion for Oral Argument; granting #262 Letter Motion for Oral Argument; granting #266 Letter Motion for Oral Argument. The Court has received the parties' cross motions for partial summary judgment, on which they have requested oral argument. See Dkts. 251, 254, 262, 266. To enable the Court to make a more informed judgment on pending motions, the Court grants the motions. The Court will hold oral argument on Wednesday, August 10, 2022 at 2 p.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. Participants are directed to review the District's COVID-19 protocols for courthouse entry, which are available online at https://www.nysd.uscourts.gov/covid-19-coronavirus, to ensure that they will be able to gain access to the courthouse.. (Signed by Judge Paul A. Engelmayer on 6/17/2022) (ate)
June 17, 2022 Opinion or Order Set/Reset Hearings: Oral Argument set for 8/10/2022 at 02:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ate)
June 10, 2022 Opinion or Order Filing 279 STIPULATION AND ORDER REGARDING SUBSTITUTION OF EXPERT WITNESS: NOW, THEREFORE, the Parties STIPULATE through their undersigned counsel and the Court ORDERS as follows: 1. Defendant will serve an expert report from Steven Schwarcz on or before July 1, 2022. 2. Plaintiff will serve a rebuttal expert report, if any, on or before September 2, 2022. 3. The Parties will complete depositions related to the expert report of Steven Schwarcz and Plaintiffs rebuttal expert report, if any, on or before October 28, 2022. SO ORDERED. ( Deposition due by 10/28/2022.) (Signed by Judge Paul A. Engelmayer on 6/10/2022) (tg)
June 6, 2022 Opinion or Order Filing 278 JOINT LETTER addressed to Judge Paul A. Engelmayer from David F. Adler and Henry J. Ricardo dated June 6, 2022 re: Schedule with Respect to Phase 1 Expert Discovery. Document filed by US Bank National Association. (Attachments: #1 Exhibit Stipulation Regarding Substitution of Expert Witness).(Adler, David)
June 3, 2022 Opinion or Order Filing 277 JOINT LETTER addressed to Judge Paul A. Engelmayer from David F. Adler and Henry J. Ricardo dated June 3, 2022 re: Proposed Substitution of Expert Witness. Document filed by US Bank National Association. (Attachments: #1 Text of Proposed Order re Substitution of Expert Witness).(Adler, David)
April 8, 2022 Opinion or Order Filing 276 LETTER addressed to Judge Paul A. Engelmayer from David F. Adler dated April 8, 2022 re: responding to Plaintiff's letter (ECF No. 273). Document filed by US Bank National Association..(Adler, David)
March 30, 2022 Opinion or Order Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/17/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
March 30, 2022 Opinion or Order Filing 274 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/17/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/28/2022..(Moya, Goretti)
March 24, 2022 Opinion or Order Filing 273 LETTER addressed to Judge Paul A. Engelmayer from Henry Ricardo dated March 24, 2022 re: response to U.S. Bank's March 16, 2022 letter #272 . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
March 16, 2022 Opinion or Order Filing 272 LETTER addressed to Judge Paul A. Engelmayer from David F. Adler dated March 16, 2022 re: Supplemental Authority (Pac Life v. BNYM) for U.S. Bank's Summary-Judgment Motion. Document filed by US Bank National Association. (Attachments: #1 Exhibit A).(Adler, David)
March 7, 2022 Opinion or Order Filing 271 STIPULATION AND REVISIONS TO PHASE 2 DISCOVERY SCHEDULE: NOW, THEREFORE, the Parties STIPULATE through their undersigned counsel and the Court ORDERS as follows: 1. All existing Phase 2 expert discovery deadlines in the Order Scheduling Phase 1 Summary Judgment Briefing and Phase 2 Expert Discovery (ECF No. 220) will be adjourned sine die. 2. Following the Court's decision on the Parties' Phase 1 summary-judgment motions, (to the extent necessary) the parties will propose a briefing schedule regarding Ambac's proposed use of statistical sampling. 3. Following resolution of the briefing regarding sampling, the Parties will propose a new schedule for Phase 2 expert discovery. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/7/2022) (va)
March 3, 2022 Opinion or Order Filing 270 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and Michael T. Marcucci dated March 3, 2022 re: proposed revisions to case schedule. Document filed by US Bank National Association. (Attachments: #1 Text of Proposed Order).(Marcucci, Michael)
February 24, 2022 Opinion or Order Filing 269 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and Michael T. Marcucci dated February 24, 2022 re: Revised Case Schedule. Document filed by US Bank National Association..(Marcucci, Michael)
February 17, 2022 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Discovery Hearing held on 2/17/2022. Plaintiff's counsel present. Defendant's counsel present. Court reporter present. (ajs)
February 7, 2022 Opinion or Order Filing 268 ORDER: The Court has received the parties' letters regarding Ambac's proposed use of statistical sampling in connection with its Phase 2 expert discovery. See Dkts. 257, 258. To enable the Court to make an informed judgment on this complex issue, the Court will hold a conference on February 17, 2022 at 10 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. Participants are directed to review the District's COVID-19 protocols for courthouse entry, which are available online at https://www.nysd.nsconrts.gov/covid-19-coronavirus, to ensure that they will be able to gain access to the courthouse. SO ORDERED. ( Status Conference set for 2/17/2022 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/7/2022) (tg)
February 1, 2022 Opinion or Order Filing 267 MEMO ENDORSEMENT on re: #221 Letter filed by The Bank of New York Mellon. ENDORSEMENT: The Clerk of the Court is respectfully directed to terminate Jarman D. Russell from this case. SO ORDERED. Attorney Jarman Douglas Russell terminated. (Signed by Judge Paul A. Engelmayer on 2/1/2022) (va)
January 31, 2022 Opinion or Order Filing 266 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Henry Ricardo dated January 31, 2022. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
January 31, 2022 Opinion or Order Filing 265 REPLY AFFIRMATION of Peter W. Tomlinson in Support re: #241 MOTION for Partial Summary Judgment .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 41, Deposition excerpt of Iain H. Bruce, October 24, 2019, #2 Exhibit 42, Deposition excerpt of James H. Byrnes, October 10, 2019, #3 Exhibit 43, Exhibit 277 to the deposition of Paul J. Gobin, January 8, 2020, #4 Exhibit 44, Letter to Judge Pauley on December 10, 2019).(Tomlinson, Peter)
January 31, 2022 Opinion or Order Filing 264 REPLY re: #248 Counter Statement to Rule 56.1 . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
January 31, 2022 Opinion or Order Filing 263 REPLY MEMORANDUM OF LAW in Support re: #241 MOTION for Partial Summary Judgment . . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
January 31, 2022 Opinion or Order Filing 262 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from David F. Adler dated January 31, 2022. Document filed by US Bank National Association..(Adler, David)
January 31, 2022 Opinion or Order Filing 261 RULE 56.1 STATEMENT. Document filed by US Bank National Association..(Marcucci, Michael)
January 31, 2022 Opinion or Order Filing 260 DECLARATION of Michael T. Marcucci in Support re: #238 MOTION for Partial Summary Judgment .. Document filed by US Bank National Association. (Attachments: #1 Exhibit 68 - Ambacs Supp. R&Os to Interrogatories, #2 Exhibit 69 - Schwartz Depo. Excerpts, #3 Exhibit 70 - Chart 5, #4 Exhibit 71 - Beckles Expert Report Excerpts, #5 Exhibit 72 - Blum Expert Report Excerpts, #6 Exhibit 73 - Jan. 15, 2021 Letter from B. Trice to A. Rota, #7 Exhibit 74 - Bryar Declaration, #8 Exhibit 75 - Beckles Depo. Excerpts, #9 Exhibit 76 - Gupta Depo. Excerpts, #10 Exhibit 77 - Gupta Depo. Ex. 141, #11 Exhibit 78 - Byrnes Depo. Excerpts, #12 Exhibit 79 - Procedure 2099, #13 Exhibit 80 - Kaplan Depo. Excerpts).(Marcucci, Michael)
January 31, 2022 Opinion or Order Filing 259 REPLY MEMORANDUM OF LAW in Support re: #238 MOTION for Partial Summary Judgment . . Document filed by US Bank National Association..(Adler, David)
January 28, 2022 Opinion or Order Filing 258 LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated January 28, 2022 re: Plaintiff's response to Defendant U.S. Bank's 1/26/22 letter regarding proposed use of statistical sampling. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
January 26, 2022 Opinion or Order Filing 257 LETTER addressed to Judge Paul A. Engelmayer from David F. Adler dated January 26, 2022 re: Proposed Use of Statistical Sampling. Document filed by US Bank National Association. (Attachments: #1 Appendix A - Sampling Decisions, #2 Exhibit 1 - Feb. 2018 Email Correspondence, #3 Exhibit 2 - Dec. 14, 2021 Ltr. from H. Ricardo to M. Marcucci, #4 Exhibit 3 - Dec. 16, 2021 Ltr. from M. Marcucci to H. Ricardo, #5 Exhibit 4 - Jan. 6, 2022 Ltr. from H. Ricardo to M. Marcucci).(Adler, David)
January 21, 2022 Opinion or Order Filing 256 MEMO ENDORSEMENT on re: #255 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The Court thanks counsel for this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/21/2022) (tg)
January 20, 2022 Opinion or Order Filing 255 JOINT LETTER addressed to Judge Paul A. Engelmayer from Peter W. Tomlinson and David F. Adler dated January 20, 2022 re: Parties' positions on expert discovery and summary judgment briefing following issuance of Second Circuit Mandate pursuant to Court's 2/25/21 Order. Document filed by AMBAC Assurance Corporation..(Tomlinson, Peter)
December 22, 2021 Opinion or Order Filing 254 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Henry Ricardo dated December 22, 2021. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
December 22, 2021 Opinion or Order Filing 253 DECLARATION of Henry J. Ricardo in Opposition re: #238 MOTION for Partial Summary Judgment .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, excerpts from the Expert Report of Aaron B. Stern, dated April 19, 2021, #2 Exhibit 2, excerpts from the transcript of the deposition of Aaron B. Stern, August 19, 2021, #3 Exhibit 3, letter dated April 22, 2011, #4 Exhibit 4, letter dated October 15, 2009, #5 Exhibit 5, letter dated April 20, 2011, #6 Exhibit 6, excerpts from the Expert Report of Ingrid Beckles, dated April 19, 2021, #7 Exhibit 7, excerpts from the Expert Rebuttal Report of Leonard A. Blum, dated June 21, 2021, #8 Exhibit 8, excerpts from the transcript of the deposition of James H. Byrnes, October 10, 2019, #9 Exhibit 9, excerpts from the transcript of the deposition of Christopher Hillcoat, July 29, 2021, #10 Exhibit 10, letter from U.S. Banks counsel to Ambacs counsel, dated July 26, 2019, #11 Exhibit 11, excerpts of Responses and Objections to Interrogatories, dated February 21, 2020, #12 Exhibit 12, Mortgage Loan Purchase Agreement, 2005-2, dated as of March 1, 2005, #13 Exhibit 13, excerpts from the Corrected Opening Expert Report of Owen L. Cyrulnik, dated May 14, 2021, #14 Exhibit 14, excerpts from the transcript of the deposition of Rachel Gupta, November 21, 2019, #15 Exhibit 15, excerpts from the Rebuttal Expert Report of Owen L. Cyrulnik, dated June 21, 2021, #16 Exhibit 16, excerpts from the transcript of the deposition of John H. Dolan, July 30, 2021, #17 Exhibit 17, transcript of the deposition of Eve Kaplan, December 5, 2019, #18 Exhibit 18, email dated May 2, 2012, #19 Exhibit 19, letter dated April 25, 2011, #20 Exhibit 20, email dated May 2, 2014, #21 Exhibit 21, email dated November 3, 2010, #22 Exhibit 22, letter dated October 6, 2010, #23 Exhibit 23, transcript of the deposition of Eve Kaplan, January 24, 2019, #24 Exhibit 24, email dated August 31, 2011, #25 Exhibit 25, excerpts from Structured Finance 101 Collateral Issues, #26 Exhibit 26, excerpt from Supplemental Responses & Objections to Interrogatories, dated March 12, 2021, #27 Exhibit 27, chart relating to Exhibit 29 of the Expert Report of Christopher M. James, #28 Exhibit 28, chart relating to breaches of representations, #29 Exhibit 29, excerpt from Memorandum of Law in U.S. Bank (N.Y. Sup. Ct. Index No. 652712/2018) (NYSCEF No. 843), #30 Exhibit 30, excerpt from the Expert Report of Christopher M. James, dated April 19, 2021, #31 Exhibit 31, excerpt from the Expert Report of Christopher S. Hillcoat, dated April 19, 2021, #32 Exhibit 32, excerpt from the Expert Report of John H. Dolan, dated April 19, 2021, #33 Exhibit 33, excerpt from the transcript of the deposition of Alan Schwartz, March 10, 2020, #34 Exhibit 34, multiple letters, dates ranging from August 2005 to November 2006, #35 Exhibit 35, multiple letters, dated June 19, 2009 and June 4, 2009, #36 Exhibit 36, complaint, dated August 29, 2011, Countrywide (N.Y. Sup. Ct. Index No. 652388/2011)).(Ricardo, Henry)
December 22, 2021 Opinion or Order Filing 252 RESPONSE -- Plaintiff Ambac Assurance Corporation's Responses and Objections to Defendant U.S. Bank National Association's Statement of Undisputed Facts Pursuant to Local Civ. R. 56.1. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
December 22, 2021 Opinion or Order Filing 251 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from David F. Adler dated December 22, 2021. Document filed by US Bank National Association..(Adler, David)
December 22, 2021 Opinion or Order Filing 250 MEMORANDUM OF LAW in Opposition re: #238 MOTION for Partial Summary Judgment . . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
December 22, 2021 Opinion or Order Filing 249 DECLARATION of Michael T. Marcucci in Opposition re: #241 MOTION for Partial Summary Judgment .. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Amendments to MMLPSA in RSA Ex. 1, #2 Exhibit B - Harborview 2005-2 ProSupp, #3 Exhibit C - Dec. 23, 2019 Hearing Transcript, #4 Exhibit D - Warren Declaration, #5 Exhibit E - EQABS 2004-1 ProSupp, #6 Exhibit F - WaMu 2007-OA2 ProSupp, #7 Exhibit G - Aug. 2, 2013 letter from Gupta to Brewster, #8 Exhibit H - Coughlin Depo. Errata, #9 Exhibit I - Harborview 2004-2 PSA, #10 Exhibit J - Harborview 2003-3 PSA, #11 Exhibit K - Harborview 2005-1 PSA, #12 Exhibit L - Harborview 2005-3 PSA, #13 Exhibit M - Harborview 2005-10 PSA, #14 Exhibit N - Harborview 2006-1 PSA, #15 Exhibit O - Harborview 2006-4 PSA, #16 Exhibit P - US Bank's Am. Resps. To RFAs, #17 Exhibit Q - Harborview 2005-2 Ambac Credit Memo, #18 Exhibit R - Harborview 2005-8 Ambac Credit Memo, #19 Exhibit S - Harborview 2005-12 Ambac Credit Memo, #20 Exhibit T - Harborview 2005-13 Ambac Credit Memo, #21 Exhibit U - Harborview 2005-16 Ambac Credit Memo, #22 Exhibit V - Uniform Single Attestation Program Guidelines, #23 Exhibit W - Harborview 2003-1 Prospectus Supplement, #24 Exhibit X - Apr. 4, 2005 email from McKee Nelson, #25 Exhibit Y - Harborview 2004-8 PSA, #26 Exhibit Z - Harborview 2004-9 PSA, #27 Exhibit AA - Feb. 15, 2005 email from McKee Nelson attaching Draft Harborview 2005-1 PSA and Harborview 2005-1 PSA Redline, #28 Exhibit BB - Feb. 17, 2005 email from McKee Nelson to Winnick attaching Harborview 2005-1 PSA Redline, #29 Exhibit CC - July 25, 2005 email from McKee Nelson, #30 Exhibit DD - Sept. 22, 2005 email from McKee Nelson, #31 Exhibit EE - Sept. 28, 2005 email from McKee Nelson, #32 Exhibit FF - Nov. 23, 2005 email from McKee Nelson, #33 Exhibit GG - Ambac Credit Underwriting Policies, #34 Exhibit HH - Matanle Ambac v. Countrywide Depo. Excerpts, #35 Exhibit II - Kim Depo. Excerpts, #36 Exhibit JJ - Harborview 2006-2 Free-Writing Prospectus, #37 Exhibit KK - McCormick Depo. Excerpts, #38 Exhibit LL - McCormick Depo. Ex. 210, #39 Exhibit MM - Bruce Depo. Excerpts, #40 Exhibit NN - McCormick Depo. Ex. 211, #41 Exhibit OO - Chart 1: Certificateholder Distribution Statements, #42 Exhibit PP - May 2011 email from Cawley to Gupta, #43 Exhibit QQ - Aug. 10, 2012 email from Gupta to Brewster, #44 Exhibit RR - May 15, 2012 email from Brewster to Gupta, #45 Exhibit SS - July 27, 2012 letter from Foley & Lardner to Morgan Lewis).(Marcucci, Michael)
December 22, 2021 Opinion or Order Filing 248 COUNTER STATEMENT TO #242 Rule 56.1 Statement. Document filed by US Bank National Association..(Marcucci, Michael)
December 22, 2021 Opinion or Order Filing 247 MEMORANDUM OF LAW in Opposition re: #241 MOTION for Partial Summary Judgment . . Document filed by US Bank National Association..(Adler, David)
November 9, 2021 Opinion or Order Filing 246 DECLARATION of Peter W. Tomlinson in Support re: #241 MOTION for Partial Summary Judgment .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, MMLPSA part 1 of 5, #2 Exhibit 1, MMLPSA part 2 of 5, #3 Exhibit 1, MMLPSA part 3 of 5, #4 Exhibit 1, MMLPSA part 4 of 5, #5 Exhibit 1, MMLPSA part 5 of 5, #6 Exhibit 2, HV 05-02 Pooling and Servicing Agreement part 1 of 5, #7 Exhibit 2, HV 05-02 Pooling and Servicing Agreement part 2 of 5, #8 Exhibit 2, HV 05-02 Pooling and Servicing Agreement part 3 of 5, #9 Exhibit 2, HV 05-02 Pooling and Servicing Agreement part 4 of 5, #10 Exhibit 2, HV 05-02 Pooling and Servicing Agreement part 5 of 5, #11 Exhibit 3, USBANK-AMBAC00005243 HVMLT 2005-2 RSA, #12 Exhibit 4, 2021.02.16 RBS Stipulation, #13 Exhibit 5, 2021.03.12 Bank of America Stipulation part 1 of 2, #14 Exhibit 5, 2021.03.12 Bank of America Stipulation part 2 of 2, #15 Exhibit 6, U.S. Banks Responses to Ambacs Third Set of Interrogatories Dated Sept. 18, 2020, #16 Exhibit 7, NIXON00037291, #17 Exhibit 8, 2021.01.26 Robert Coughlin Deposition Transcript excerpt, #18 Exhibit 9, BOA_AMBAC_USB_008081, #19 Exhibit 10, NIXON00008788, #20 Exhibit 11, Expert Report of Leonard A. Blum, 04.19.2021 excerpt, #21 Exhibit 12, 4.19.2021 Expert Report of S. Warren excerpt, #22 Exhibit 13, Expert Rebuttal Report of Leonard A. Blum, 06.21.2021 excerpt, #23 Exhibit 14, NIXON00036935, #24 Exhibit 15, NIXON00036893, #25 Exhibit 16, NIXON00037315, #26 Exhibit 17, NIXON00037795, #27 Exhibit 18, NIXON00037801, #28 Exhibit 19, NIXON00037807, #29 Exhibit 20, NIXON00037920, #30 Exhibit 21, USBANK-AMBAC00012473, #31 Exhibit 22, USBANK-AMBAC00111830, #32 Exhibit 23, USBANK-AMBAC00111784, #33 Exhibit 24, USBANK-AMBAC00055091, #34 Exhibit 25, USBANK-AMBAC00111794, #35 Exhibit 26, USBANK-AMBAC00054798, #36 Exhibit 27, USBANK-AMBAC00020008, #37 Exhibit 28, USBANK-AMBAC00023095, #38 Exhibit 29, USBANK-AMBAC00055113, #39 Exhibit 30, USBANK-AMBAC00010681, #40 Exhibit 31, USBANK-AMBAC00056435, #41 Exhibit 32, USBANK-AMBAC00124866, #42 Exhibit 33, USBANK-AMBAC00121466, #43 Exhibit 34, USBANK-AMBAC001248721 part 1 of 4, #44 Exhibit 34, USBANK-AMBAC001248722 part 2 of 4, #45 Exhibit 34, USBANK-AMBAC001248723 part 3 of 4, #46 Exhibit 34, USBANK-AMBAC001248724 part 4 of 4, #47 Exhibit 35, USBANK-AMBAC001283781 part 1 of 2, #48 Exhibit 35, USBANK-AMBAC001283782 part 2 of 2, #49 Exhibit 36, USBANK-AMBAC001204461 part 1 of 4, #50 Exhibit 36, USBANK-AMBAC001204462 part 2 of 4, #51 Exhibit 36, USBANK-AMBAC001204463 part 3 of 4, #52 Exhibit 36, USBANK-AMBAC001204464 part 3 of 4, #53 Exhibit 37, USBANK-AMBAC001202671 part 1 of 5, #54 Exhibit 37, USBANK-AMBAC001202672 part 2 of 5, #55 Exhibit 37, USBANK-AMBAC001202673 part 3 of 5, #56 Exhibit 37, USBANK-AMBAC001202674 part 4 of 5, #57 Exhibit 37, USBANK-AMBAC001202675 part 5 of 5, #58 Exhibit 38, USBANK-AMBAC001205281 part 1 of 4, #59 Exhibit 38, USBANK-AMBAC001205282 part 2 of 4, #60 Exhibit 38, USBANK-AMBAC001205283 part 3 of 4, #61 Exhibit 38, USBANK-AMBAC001205284 part 4 of 4, #62 Exhibit 39, 2021.02.01 Executed Stipulation Resolving USB Depositions, #63 Exhibit 40, Western & Southern Life v. US Bank Appellate Reply Brief).(Tomlinson, Peter)
November 9, 2021 Opinion or Order Filing 245 RULE 56.1 STATEMENT. Document filed by US Bank National Association..(Marcucci, Michael)
November 9, 2021 Opinion or Order Filing 244 DECLARATION of Michael T. Marcucci in Support re: #238 MOTION for Partial Summary Judgment .. Document filed by US Bank National Association. (Attachments: #1 Exhibit 1 - Chart 1, #2 Exhibit 2 - Chart 2, #3 Exhibit 3 - Chart 3, #4 Exhibit 4 - Chart 4, #5 Exhibit 5 - Harborview 2005-2 PSA, #6 Exhibit 6 - Harborview 2005-8 PSA, #7 Exhibit 7 - Harborview 2005-12 PSA, #8 Exhibit 8 - Harborview 2005-13 PSA, #9 Exhibit 9 - Harborview 2005-16 PSA, #10 Exhibit 10 - MMLPSA, #11 Exhibit 11 - Excerpts of Pls Supp. Resp. to 1st Rogs, #12 Exhibit 12 - Blum Depo. Excerpts, #13 Exhibit 13 - Cyrulnik Depo. Excerpts, #14 Exhibit 14 - Blum Expert Rep. Excerpts, #15 Exhibit 15 - Cyrulnik Rebuttal Expert Rep. Excerpts, #16 Exhibit 16 - Merrill Lynch Order, #17 Exhibit 17 - Mar. 5, 2012 Notice from U.S. Bank to Holders in Harborview 2005-8, #18 Exhibit 18 - Mar. 26, 2015 Letter from CHL to U.S. Bank re Harborview 2005-13, #19 Exhibit 19 - Ambac 2008 10-K, #20 Exhibit 20 - Ambac v. CHL Summons and Compl., #21 Exhibit 21 - McCormick Depo. Excerpts, #22 Exhibit 22 - Ambac 2011 10-K, #23 Exhibit 23 - Kaplan Depo. Excerpts, #24 Exhibit 24 - Brewster Depo. Excerpts, #25 Exhibit 25 - Valaperta Depo. Excerpts, #26 Exhibit 26 - Aug. 30, 2011 Email from Costanzo to Sullivan, #27 Exhibit 27 - Procedure SF2025.2, #28 Exhibit 28 - Procedure 2099, #29 Exhibit 29 - RMBS Rider to Procedure 2145, #30 Exhibit 30 - Gupta Depo. Ex. 136, #31 Exhibit 31 - May 15, 2013 Email from Gupta to Brewster, #32 Exhibit 32 - Gupta Depo. Excerpts, #33 Exhibit 33 - Feb. 17, 2011 Letter from Gupta to Pillar, #34 Exhibit 34 - Joint Stip. of Facts, #35 Exhibit 35 - Stip. re 30(b)(6) Depo., #36 Exhibit 36 - Apr. 18, 2011 Email from Reynolds to Cawley, #37 Exhibit 37 - Apr. 15, 2013 Email from Gupta to Brewster and Schwintek, #38 Exhibit 38 - Apr. 22, 2011 Letter from Gupta to Cawley, #39 Exhibit 39 - Valaperta Depo. Ex. 240, #40 Exhibit 40 - Compilation of Notices to Holders, #41 Exhibit 41 - Compilation of Notices to Holders Sent at Request of Holders, #42 Exhibit 42 - July 23, 2012 Email from Pillar to Proman, #43 Exhibit 43 - Mar. 2003 ABA White Paper, #44 Exhibit 44 - Nov. 2010 ABA White Paper, #45 Exhibit 45 - Oct. 5, 2011 Letter from Naser to Katopis, #46 Exhibit 46 - Sept. 9, 2011 Letter from Fannie Mae to U.S. Bank re Harborview 2005-8, #47 Exhibit 47 - Sept. 26, 2011 Letter from U.S. Bank to CHL re Harborview 2005-8, #48 Exhibit 48 - Feb. 1, 2012 Letter from U.S. Bank to CHL re Harborview 2005-8, #49 Exhibit 49 - Oct. 3, 2011 Letter from Fannie Mae to U.S. Bank re Harborview 2005-8, #50 Exhibit 50 - Oct. 31, 2011 Letter from U.S. Bank to CHL re Harborview 2005-8, #51 Exhibit 51 - Feb. 1, 2012 Letter from U.S. Bank to CHL re Harborview 2005-8, #52 Exhibit 52 - Oct. 17, 2011 Letter from Fannie Mae to U.S. Bank re Harborview 2005-8, #53 Exhibit 53 - Oct. 31, 2011 Letter from U.S. Bank to CHL re Harborview 2005-8, #54 Exhibit 54 - Feb. 1, 2012 Letter from U.S. Bank to CHL re Harborview 2005-8, #55 Exhibit 55 - Feb. 15, 2013 Letter from Fannie Mae to CHL re Harborview 2005-8, #56 Exhibit 56 - Feb. 25, 2013 Letter from U.S. Bank to CHL re Harborview 2005-8, #57 Exhibit 57 - Aug. 29, 2013 Letter from Ambac to U.S. Bank re Harborview 2005-16, #58 Exhibit 58 - Sept. 19, 2013 Letter from U.S. Bank to CHL re Harborview 2005-16, #59 Exhibit 59 - June 5, 2014 Letter from Ambac to U.S. Bank re Harborview 2005-16, #60 Exhibit 60 - Aug. 4, 2014 Letter from U.S. Bank to CHL re Harborview 2005-16, #61 Exhibit 61 - July 25, 2014 Letter from Ambac to U.S. Bank re Harborview 2005-8, #62 Exhibit 62 - Aug. 4, 2014 Letter from U.S. Bank to CHL re Harborview 2005-8, #63 Exhibit 63 - Oct. 3, 2014 Letter from Ambac to U.S. Bank re Harborview 2005-12, #64 Exhibit 64 - Nov. 24, 2014 Letter from Ambac to U.S. Bank re Harborview 2005-2, #65 Exhibit 65 - Feb. 23, 2015 Letter from U.S. Bank to CHL re Harborview 2005-2, #66 Exhibit 66 - Nov. 24, 2014 Letter from Ambac to U.S. Bank re Harborview 2005-13, #67 Exhibit 67 - Feb. 23, 2015 Letter from U.S. Bank to CHL re Harborview 2005-13).(Marcucci, Michael)
November 9, 2021 Opinion or Order Filing 243 MEMORANDUM OF LAW in Support re: #241 MOTION for Partial Summary Judgment . . Document filed by AMBAC Assurance Corporation..(Tomlinson, Peter)
November 9, 2021 Opinion or Order Filing 242 RULE 56.1 STATEMENT. Document filed by AMBAC Assurance Corporation..(Tomlinson, Peter)
November 9, 2021 Opinion or Order Filing 241 MOTION for Partial Summary Judgment . Document filed by AMBAC Assurance Corporation..(Tomlinson, Peter)
November 9, 2021 Opinion or Order Filing 240 DECLARATION of Eve D. Kaplan in Support re: #238 MOTION for Partial Summary Judgment .. Document filed by US Bank National Association..(Marcucci, Michael)
November 9, 2021 Opinion or Order Filing 239 MEMORANDUM OF LAW in Support re: #238 MOTION for Partial Summary Judgment . . Document filed by US Bank National Association..(Adler, David)
November 9, 2021 Opinion or Order Filing 238 MOTION for Partial Summary Judgment . Document filed by US Bank National Association..(Adler, David)
November 2, 2021 Opinion or Order Filing 237 JOINT RESPONSE re: #229 Memo Endorsement - JOINT STIPULATION OF UNDISPUTED FACTS. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
October 26, 2021 Opinion or Order Filing 236 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 10/20/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(ks)
October 26, 2021 Opinion or Order Filing 235 TRANSCRIPT of Proceedings re: telephone conference held on 10/20/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2021. Redacted Transcript Deadline set for 11/26/2021. Release of Transcript Restriction set for 1/24/2022..(ks)
October 20, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management / Discovery / Scheduling / Status Conference held on 10/20/2021: See transcript for details.AT&T Conference Line. (ca)
October 19, 2021 Opinion or Order NOTICE TO COUNSEL: REMINDER of The Case Management Conference scheduled for Wednesday, October 20, 2021 at 3:00 p.m. Please dial (866) 434-5269, Access code: 4858267 re: #226 Order.(ca)
October 7, 2021 Opinion or Order Filing 234 ORDER GRANTING MOTION FOR WITHDRAWAL OF APPEARANCE OF CARLY ANN KESSLER granting #233 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the Motion for Withdrawal of Appearance of Carly Ann Kessler as counsel of record in the above-captioned case is hereby GRANTED, and Carly Ann Kessler is withdrawn as counsel of record for Defendant U.S. National Bank Association. Attorney Carly Ann Kessler terminated. (Signed by Judge Paul A. Engelmayer on 10/7/2021) (va)
October 7, 2021 Opinion or Order Filing 233 FIRST MOTION for CARLY ANN KESSLER to Withdraw as Attorney . Document filed by US Bank National Association. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Kessler, Carly)
October 7, 2021 Opinion or Order Filing 232 NOTICE OF APPEARANCE by Michael Collyard on behalf of US Bank National Association..(Collyard, Michael)
October 5, 2021 Opinion or Order Filing 231 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/15/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
October 5, 2021 Opinion or Order Filing 230 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/15/2021 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2021. Redacted Transcript Deadline set for 11/5/2021. Release of Transcript Restriction set for 1/3/2022..(Moya, Goretti)
September 21, 2021 Opinion or Order Filing 229 MEMO ENDORSEMENT: on re: #227 Letter filed by AMBAC Assurance Corporation. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/21/2021) (ama)
September 21, 2021 Opinion or Order Filing 228 MEMO ENDORSEMENT on re: #224 Letter filed by AMBAC Assurance Corporation. ENDORSEMENT: The Court is in receipt of the parties' letters on recusal, see Dkt. 233, and thanks them for their attention to this matter. As neither party has objected, this Court will retain oversight of the case. (Signed by Judge Paul A. Engelmayer on 9/21/2021) (va)
September 21, 2021 Opinion or Order Terminate Transcript Deadlines (ama)
September 20, 2021 Opinion or Order Filing 227 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and Michael T. Marcucci dated September 20, 2021 re: parties' proposed deadline for filing Joint Statement of Facts in connection with forthcoming summary judgment motions. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
September 20, 2021 Opinion or Order Filing 226 ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE: The Case Management Conference scheduled for Tuesday, September 21, 2021 at 11:00 a.m. is hereby rescheduled to Wednesday, October 20, 2021 at 3:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 10/20/2021 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/20/2021) (vfr)
September 17, 2021 Opinion or Order Filing 225 MEMO ENDORSEMENT: on re: #222 Letter filed by The Bank of New York Mellon. ENDORSEMENT: Granted. The Clerk of the Court is respectfully requested to terminate Mr. Houpt's ECF notice. SO ORDERED., Attorney Christopher James Houpt terminated. (Signed by Judge Paul A. Engelmayer on 9/17/2021) (ama)
September 17, 2021 Opinion or Order Filing 224 LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated September 17, 2021 re: Ambac's position on recusal following 9/15/21 telephone conference. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
September 17, 2021 Opinion or Order Filing 223 LETTER addressed to Judge Paul A. Engelmayer from Michael T. Marcucci dated September 17, 2021 re: Response regarding potential recusal. Document filed by US Bank National Association..(Marcucci, Michael)
September 17, 2021 Opinion or Order Filing 222 LETTER addressed to Judge Paul A. Engelmayer from Christopher J. Houpt dated September 17, 2021 re: Withdrawal of Appearance. Document filed by The Bank of New York Mellon..(Houpt, Christopher)
September 17, 2021 Opinion or Order Filing 221 LETTER addressed to Judge Paul A. Engelmayer from Jarman D. Russell re: Withdrawal of Appearance. Document filed by The Bank of New York Mellon..(Russell, Jarman)
September 15, 2021 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 9/15/2021. Court reporter present. (ajs)
September 15, 2021 Opinion or Order Filing 220 STIPULATION AND ORDER SCHEDULING PHASE 1 SUMMARY JUDGMENT BRIEFING AND PHASE 2 EXPERT DISCOVERY: NOW, THEREFORE, the Parties STIPULATE through their undersigned counsel and the Court ORDERS as follows: I. Phase 1 Summary Judgment Motions I. If the Court grants either or both of the Parties permission to file a summary judgment motion on Phase 1 issues, any summary judgment motion will be filed and briefed on the following schedule: a. Opening briefs will be filed no later than November 9, 2021. b. Opposition briefs will be filed no later than December 22, 2021. c. Reply briefs will be filed no later than January 31, 2022. II. Phase 2 Expert Discovery 2. Phase 2 expert discovery will be subject to the following schedule: a. Opening expert reports on Phase 2 issues will be served no later than July 20, 2022. b. Rebuttal expert reports on Phase 2 issues will be served no later than January 22, 2023. c. Depositions of Phase 2 experts will be completed by March 25, 2023. 3. Ambac will disclose to U.S. Bank the loans that it intends to reunderwrite in Phase 2 discovery within 90 days of the entry of this Order. (As further set forth herein.) SO ORDERED. ( Motions due by 11/9/2021. Responses due by 12/22/2021. Replies due by 1/31/2022. Deposition due by 3/25/2023.) (Signed by Judge Paul A. Engelmayer on 9/15/2021) (va)
September 15, 2021 Opinion or Order Filing 219 ORDER: The Court has scheduled a telephonic conference today to discuss the parties' proposed summary judgment motions. Dkt. 214. Due to a conflict, the conference will begin at 2:30 p.m., rather than 2:00 p.m. SO ORDERED. ( Pre-Motion Conference set for 9/15/2021 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/15/2021) (va)
September 1, 2021 Opinion or Order Filing 218 LETTER addressed to Judge Paul A. Engelmayer from David F. Adler dated September 1, 2021 re: Response to Plaintiff's Request For Pre-Motion Conference, ECF No. 213. Document filed by US Bank National Association..(Adler, David)
September 1, 2021 Opinion or Order Filing 217 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated September 1, 2021 re: #211 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from David F. Adler dated August 25, 2021. . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
September 1, 2021 Opinion or Order Filing 216 MEMO ENDORSEMENT on re: #215 Letter filed by US Bank National Association. ENDORSEMENT: APPLICATION GRANTED: The Case Management Conference in this matter scheduled for Tuesday, September 21 2021, at 11:00 a.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. ( Telephone Conference set for 9/21/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/1/2021) (vfr)
September 1, 2021 Opinion or Order Filing 215 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael T. Marcucci dated 9/1/21 re: converting case management conference to a telephonic conference. Document filed by US Bank National Association..(Marcucci, Michael)
August 27, 2021 Opinion or Order Filing 214 ORDER granting #211 Letter Motion for Conference re: #211 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from David F. Adler dated August 25, 2021., #213 LETTER MOTION for Conference regarding Ambac's proposed motion for partial summary judgment addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated August 25, 2021. ; granting #213 Letter Motion for Conference re: #211 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from David F. Adler dated August 25, 2021., #213 LETTER MOTION for Conference regarding Ambac's proposed motion for partial summary judgment addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated August 25, 2021. The Court has received the parties letter motions regarding a request for a conference on contemplated summary judgment motions. Dkts. 211, 213. A pre-motion conference to address the contemplated motions will be held on September 15, 2021 at 2:00 p.m.This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Courts Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscomis.gov/hon-paul-engelmayer, for the Courts procedures for telephonic conferences and for instructions for communicating with Chambers. SO ORDERED. Pre-Motion Conference set for 9/15/2021 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 8/27/2021) (tg)
August 25, 2021 Opinion or Order Filing 213 LETTER MOTION for Conference regarding Ambac's proposed motion for partial summary judgment addressed to Judge Paul A. Engelmayer from Henry J. Ricardo dated August 25, 2021. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
August 25, 2021 Opinion or Order Filing 212 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and Albert J. Rota dated August 25, 2021 re: Proposed scheduling pursuant to the Eighth Revised Scheduling Order; ECF No. #207 . Document filed by AMBAC Assurance Corporation. (Attachments: #1 Stipulation and [Proposed] Order).(Ricardo, Henry)
August 25, 2021 Opinion or Order Filing 211 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from David F. Adler dated August 25, 2021. Document filed by US Bank National Association..(Adler, David)
August 6, 2021 Opinion or Order Filing 210 MEMO ENDORSEMENT on re: #209 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The Court appreciates this status report. All deadlines remain in place, and the case remains under the able supervision of Judge Parker. (Signed by Judge Paul A. Engelmayer on 8/6/2021) (kgo)
August 5, 2021 Opinion or Order Filing 209 JOINT LETTER addressed to Judge Paul A. Engelmayer from Henry J. Ricardo and David F. Adler dated August 5, 2021 re: parties' status report submitted in response to Court's 7/29/21 Order. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
July 29, 2021 Opinion or Order Filing 208 ORDER: The above-captioned case has been reassigned to this Court. All existing deadlines, including as recently set by Judge Parker, remain in effect. To assure that this Court is up to speed on the history and trajectory of the case, within one week of the date of this order, counsel should file a joint letter addressing the following subjects, each in separate paragraphs: And as set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/29/2021) (ama)
July 28, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge William H. Pauley, III is no longer assigned to the case. (sjo)
July 15, 2021 Opinion or Order Filing 207 EIGHTH REVISED SCHEDULING ORDER: NOW THEREFORE, IT IS HEREBY ORDERED THAT the Court adopts the following schedule: 1. Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages ("Phase 1"); and (2) expert reports relating to loan-level reunderwriting and damages ("Phase 2"). 2. Phase 1 expert discovery shall be completed by August 20, 2021. 3. Any Party seeking to file a dispositive motion following Phase 1 expert discovery shall submit a letter request consistent with this Court's Individual Rules of Practice no later than August 25, 2021. 4. The Parties will identify their Phase 2 loan-level reunderwriting and damages experts and will jointly propose a schedule for Phase 2 expert discovery to the Court by August 25, 2021. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/15/2021) (vfr)
July 15, 2021 Opinion or Order Filing 206 ORDER granting #204 Letter Motion for Extension of Time. Extension requests granted. The Court will also schedule a case management conference on Tuesday, September 21, 2021 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID- safety protocols and should review the Court's website in advance of the conference for the most up to date information. (Signed by Magistrate Judge Katharine H. Parker on 7/15/2021) (vfr) Modified on 7/15/2021 (vfr).
July 15, 2021 Opinion or Order Set/Reset Deadlines: ( Expert Discovery due by 8/20/2021.), Set/Reset Hearings:( Case Management Conference set for 9/21/2021 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (vfr)
July 13, 2021 Opinion or Order Filing 205 DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE:IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Pauley's civil cases, all appearances that were scheduled before Judge Pauley are adjourned. Urgent matters should be taken either to the Magistrate Judge to whom the case has been referred or to the District Judge sitting in Part I. In cases in which Judge Pauley did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for general pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/13/2021) (rj) Modified on 7/14/2021 (rj).
July 9, 2021 Opinion or Order Filing 204 JOINT LETTER MOTION for Extension of Time addressed to Judge William H. Pauley, III from Henry J. Ricardo and Albert J. Rota dated July 9, 2021. Document filed by US Bank National Association. (Attachments: #1 Proposed Revised Scheduling Order).(Rota, Albert)
April 22, 2021 Opinion or Order Filing 203 ORDER GRANTING MOTION TO WITHDRAW ERIK DOUGHTY AS COUNSEL granting #202 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the Motion to Withdraw Erik Doughty as Counsel for Defendant U.S. Bank National Association in the above-captioned action is GRANTED. Erik Doughty is withdrawn as counsel of record for Defendant U.S. Bank National Association. SO ORDERED. Attorney Erik Doughty terminated. (Signed by Judge William H. Pauley, III on 4/22/2021) (kv)
April 21, 2021 Opinion or Order Filing 202 MOTION for Erik Doughty to Withdraw as Attorney . Document filed by US Bank National Association. (Attachments: #1 Declaration of Erik Doughty in Support of Motion to Withdraw, #2 Proposed Order).(Doughty, Erik)
February 25, 2021 Opinion or Order Filing 201 ORDER GRANTING MOTION FOR WITHDRAWAL OF APPEARANCE OF ALEXANDER D. NEWMAN granting #198 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the Motion for Withdrawal of Appearance of Alexander D. Newman as counsel of record in the above-captioned case is hereby GRANTED, and Alexander D. Newman is withdrawn as counsel of record for Defendant U.S. National Bank Association. SO ORDERED. Attorney Alexander Daniel Newman terminated. (Signed by Judge William H. Pauley, III on 2/25/2021) (kv)
February 25, 2021 Opinion or Order Filing 200 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by US Bank National Association. Related Document Number: #198 ..(Newman, Alexander)
February 25, 2021 Opinion or Order Filing 199 DECLARATION of Alexander D. Newman in Support re: #198 MOTION for Alexander D. Newman to Withdraw as Attorney .. Document filed by US Bank National Association..(Newman, Alexander)
February 25, 2021 Opinion or Order Filing 198 MOTION for Alexander D. Newman to Withdraw as Attorney . Document filed by US Bank National Association..(Newman, Alexander)
February 25, 2021 Opinion or Order Filing 197 ORDER STAYING ISSUES RELATED TO WATERFALL INTERPRETATION granting #192 Letter Motion to Stay re: #192 JOINT LETTER MOTION to Stay Ambacs Fifth and Sixth Causes of Action addressed to Judge William H. Pauley, III from Henry J. Ricardo and Michael T. Marcucci dated February 9, 2021. NOW, THEREFORE, the Court ORDERS as follows: 1. Ambac's Fifth and Sixth Causes of Action are stayed while the 2005-10 Action is pending before the Second Circuit Court of Appeals. 2. Neither party shall serve expert reports or otherwise engage in expert discovery related to Ambac's Fifth and Sixth Causes of Action, whether such expert discovery would fall under Phase 1 or Phase 2, as defined in the July 18, 2018 Scheduling Order (Dkt. 76) and the current Revised Scheduling Order (Dkt. 194), while the 2005-10 Action is pending before the Second Circuit Court of Appeals. 3. Neither party shall move for summary judgment on Ambac's Fifth or Sixth Causes of Action while the 2005-10 Action is pending before the Second Circuit Court of Appeals. 4. Within ten days of the Second Circuit Court of Appeal's issuance of a mandate in the appeal of the 2005-10 Action, the Parties will submit a joint letter informing the Court of the Parties' positions with respect to whether expert discovery and summary judgment briefing related to Ambac's Fifth and Sixth Causes of Action is required in this action in light of the Second Circuit Court of Appeals' decision in the 2005-10 Action, and if so proposing a schedule for such discovery and briefing. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/25/2021) (kv) Modified on 2/25/2021 (kv).
February 24, 2021 Opinion or Order Filing 196 JOINT LETTER addressed to Judge William H. Pauley, III from Stephanie Teplin and Michael T. Marcucci dated February 24, 2021 re: Proposed Order Staying Ambac's Fifth and Sixth Causes of Action. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Proposed Order).(Teplin, Stephanie)
February 23, 2021 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 2/23/2021.
February 17, 2021 Opinion or Order Filing 195 ORDER with respect to #192 Motion to Stay. The Parties shall appear for a telephonic conference to discuss the Parties' joint request on February 23, 2021 at 3:30 p.m. The dial-in number is (888) 363-4749. The access code is 3070580. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/17/2021) (kv)
February 17, 2021 Opinion or Order Filing 194 SEVENTH REVISED SCHEDULING ORDER granting #193 Letter Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED THAT the Court adopts the following schedule: 1. Fact discovery, including party and third-party fact discovery, shall be completed by March 16, 2021; 2. Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages (Phase 1); and (2) expert reports relating to loan-level reunderwriting and damages (Phase 2). 3. Phase 1 expert discovery shall be completed by August 2, 2021, with the following interim deadlines: a. Opening expert reports shall be exchanged by April 19, 2021. b. Rebuttal expert reports shall be exchanged by June 18, 2021. c. No reply reports shall be permitted. 4. Any Party seeking to file a dispositive motion following Phase 1 expert discovery shall submit a letter request consistent with this Courts Individual Rules of Practice no later than July 19, 2021. 5. The Parties will identify their Phase 2 loan-level reunderwriting and damages experts by August 2, 2021 and will jointly propose a schedule for Phase 2 expert discovery to the Court by August 9, 2021. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/17/2021) (kv)
February 17, 2021 Opinion or Order Set/Reset Hearings: Telephone Conference set for 2/23/2021 at 03:30 PM before Judge William H. Pauley III. (kv)
February 17, 2021 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 3/16/2021. (kv)
February 16, 2021 Opinion or Order Filing 193 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge William H. Pauley, III from Henry J. Ricardo dated February 16, 2021. Document filed by AMBAC Assurance Corporation. (Attachments: #1 [Proposed] Seventh Revised Scheduling Order).(Ricardo, Henry)
February 9, 2021 Opinion or Order Filing 192 JOINT LETTER MOTION to Stay Ambacs Fifth and Sixth Causes of Action addressed to Judge William H. Pauley, III from Henry J. Ricardo and Michael T. Marcucci dated February 9, 2021. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Stipulation and (Proposed) Order Staying Issues Related to Waterfall Interpretation).(Ricardo, Henry)
January 29, 2021 Opinion or Order Filing 191 MEMO ENDORSEMENT on #189 JOINT LETTER terminating as moot #154 Letter Motion to Compel. ENDORSEMENT: In light of the parties' status letter and representations, Plaintiff's motion to compel at ECF No. 154 is moot. The Clerk of Court is kindly directed to terminate the gavel at ECF No. 154. (Signed by Magistrate Judge Katharine H. Parker on 1/29/2021) (mro)
January 29, 2021 Opinion or Order Filing 190 PROPOSED STIPULATION AND ORDER. Document filed by US Bank National Association..(Rota, Albert)
January 13, 2021 Opinion or Order Filing 189 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Henry J. Ricardo dated January 13, 2021 re: Status Report regarding Parties' meet and confer efforts on Ambac's Motion to Compel. Document filed by AMBAC Assurance Corporation, The Bank of New York Mellon..(Ricardo, Henry)
January 6, 2021 Opinion or Order Filing 188 MEMO ENDORSEMENT on re: #187 Letter filed by The Bank of New York Mellon. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/6/2021) (mro)
January 6, 2021 Opinion or Order Filing 187 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jarman D. Russell dated January 6, 2010 re: Status Report regarding Meet and Confer Efforts. Document filed by The Bank of New York Mellon..(Russell, Jarman)
December 23, 2020 Opinion or Order Filing 186 MEMO ENDORSEMENT on re: #184 Letter filed by The Bank of New York Mellon, AMBAC Assurance Corporation. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/23/2020) (mro)
December 23, 2020 Opinion or Order Filing 185 MEMO ENDORSEMENT: on re: #184 Letter filed by The Bank of New York Mellon, AMBAC Assurance Corporation. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/23/2020) (ama)
December 22, 2020 Opinion or Order Filing 184 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jarman D. Russell dated December 22, 2020 re: Status Report. Document filed by AMBAC Assurance Corporation, The Bank of New York Mellon..(Russell, Jarman)
December 16, 2020 Opinion or Order Filing 183 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/15/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
December 16, 2020 Opinion or Order Filing 182 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/15/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/16/2021..(rro)
December 15, 2020 Opinion or Order Filing 181 SCHEDULING ORDER: Bank of NY Mellon shall file a supplemental affidavit per today's conference by 12/23/2020. The parties, together with Bank of NY Melon, shall meet and confer about whether there are ways to share costs and obtain staff to conduct the queries per the Court's inquiries today. Joint Status Report on those discussion due by 12/23/2020. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
December 15, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Pre-Motion Conference held on 12/15/2020.AT&T Conference Line. (ca)
December 14, 2020 Opinion or Order NOTICE TO COUNSEL: REMINDER of telephonic Pre-Motion Conference in this matter scheduled for Tuesday, December 15, 2020 at 1 p.m. The parties are directed to call in to the Court's AT&T Line at the scheduled time: Please dial (866) 434-5269; access code, 4858267 re: #178 Scheduling Order.(ca)
December 11, 2020 Opinion or Order Filing 180 STIPULATION AND ORDER GOVERNING EXPERT DISCOVERY: Plaintiff and Defendant (each a "Party," and collectively, the "Parties") to the above captioned case (hereinafter "this Action"), by and through their respective counsel, subject to the Court's approval, HEREBY STIPULATE AND AGREE to the following procedures governing expert witness discovery and testimony in this Action: 1. Purpose of Stipulation. Thjs stipulation reflects the Parties' agreement concerning expert discovery, including the scope and timing of testifying-expert disclosure. The Parties have not considered the scope of Phase 2 expert discovery relating to re-underwriting and other loan-level analysis conducted by an expert. At the end of Phase 1 expert discovery the Parties will meet and confer regarding the scope of such discovery under Phase 2. As further set forth in this Order. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/11/2020) (ks) Modified on 12/11/2020 (ks).
December 9, 2020 Opinion or Order Filing 179 PROPOSED STIPULATION AND ORDER. Document filed by US Bank National Association..(Rota, Albert)
December 7, 2020 Opinion or Order Filing 178 SCHEDULING ORDER: A telephonic hearing in this matter regarding Plaintiff's motion to compel production of documents from a non-party is hereby scheduled for Tuesday, December 15, 2020 at 1 p.m. The parties are directed to call in to the following line at the directed time: (866) 434-5269; access code, 4858267. Telephone Conference set for 12/15/2020 at 01:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 12/7/2020) (mro)
December 7, 2020 Opinion or Order Filing 177 SECOND AMENDED 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. (ECF No. 154 Motion to Compel). Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge William H. Pauley, III on 12/7/2020) (cf) Modified on 12/9/2020 (cf).
December 4, 2020 Opinion or Order Filing 176 LETTER addressed to Judge William H. Pauley, III from Henry J. Ricardo dated December 4, 2020 re: Plaintiff's list of motion papers regarding its motion to compel #154 . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
December 4, 2020 Opinion or Order Filing 175 REPLY AFFIRMATION of Henry J. Ricardo in Support re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, Webpage - SitusAMC, Technology Solutions (2020-12-04)).(Ricardo, Henry)
December 4, 2020 Opinion or Order Filing 174 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum . . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
November 25, 2020 Opinion or Order Filing 173 LETTER addressed to Judge William H. Pauley, III from David F. Adler dated November 25, 2020 re: ECF No. 154 motion to compel the production of documents from non-party. Document filed by US Bank National Association..(Adler, David)
November 24, 2020 Opinion or Order Filing 172 DECLARATION of Jarman D. Russell in Opposition re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum .. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Russell, Jarman)
November 24, 2020 Opinion or Order Filing 171 DECLARATION of Tiffany Vose in Opposition re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum .. Document filed by The Bank of New York Mellon..(Russell, Jarman)
November 24, 2020 Opinion or Order Filing 170 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #172) - DECLARATION of Jarman D. Russell in Opposition re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum .. Document filed by The Bank of New York Mellon..(Russell, Jarman) Modified on 11/25/2020 (ldi).
November 24, 2020 Opinion or Order Filing 169 MEMORANDUM OF LAW in Opposition re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum . . Document filed by The Bank of New York Mellon..(Russell, Jarman)
November 23, 2020 Opinion or Order Filing 168 DECLARATION of Henry J. Ricardo in Support re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1 - Tri-Party Custody Agreement, #2 Exhibit 2 - excerpts of Pooling and Servicing Agreement (PSA), #3 Exhibit 3 - Custody Agreement for HVMLT 2005-8, #4 Exhibit 4 - July 19, 2019 subpoena to produce documents, information, or objects served by Ambac on BNYM, #5 Exhibit 5 - August 1, 2019 subpoena to produce documents information, or objects served by US Bank on BNYM, #6 Exhibit 6 - BNYMs July 26, 2019, letter response to Ambacs July 19, 2019 subpoena, #7 Exhibit 7 - August through November 2019 email exchange among counsel, #8 Exhibit 8 - document produced by BNYM, titled Harborview 2005-8 Trust Receipt.pdf, #9 Exhibit 9 - excerpt of a document produced by BNYM, titled Harborview 2005-8 EXCEPT(07-29-05).xls, #10 Exhibit 10 - excerpts of a document produced by BNYM, titled HVMLT 5 Pools Doc Deposit List Confidential.xlsb, #11 Exhibit 11 - document produced by BNYM, titled HVMLT 5 Pools Doc Exceptions status List Confidential.xlsx, #12 Exhibit 12 - U.S. Banks Responses and Objections to Plaintiffs Second Set of Interrogatories, #13 Exhibit 13 - November 27, 2019 subpoena to testify at a deposition, #14 Exhibit 14 - June 16, 2020 letter from counsel for BNYM to Judge Caproni, #15 Exhibit 15 - excerpt of the May 27, 2020 deposition transcript of Tiffany Vose, #16 Exhibit 16 - excerpt of the March 9, 2020 hearing transcript before Judge Caproni, #17 Exhibit 17 - June 24, 2020 order, #18 Exhibit 18 - July-August 2020 email exchange between counsel, #19 Exhibit 19 - excerpts of the Deposition Transcript of Eve Kaplan, #20 Exhibit 20 - email chain from November 2010, #21 Exhibit 21 - February 20, 2019 order, #22 Exhibit 22 - excerpt of the transcript of an August 8, 2019 hearing before Judge Failla).(Ricardo, Henry)
November 23, 2020 Opinion or Order Filing 167 MEMORANDUM OF LAW in Support re: #154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum . . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
November 20, 2020 Opinion or Order Filing 166 ORDER denying #155 Motion to Seal. This Court has reviewed Plaintiff Ambac Assurance Corporation's (Ambac) letter motion to seal, (ECF No. 155), as well as the letter submission from non-party Bank of America, N.A., (ECF No. 165). This Court concludes that Ambac's proposed redactions to its Memorandum of Law in Support of its Rule 45 Motion to Compel, (ECF No. 155-1), the Declaration of Henry J. Ricardo (ECF No. 155-2), and Exhibit 20 thereto, are no longer warranted. Accordingly, Ambac's letter motion to seal is denied. Ambac shall publicly file unredacted versions of its Memorandum of Law, the Ricardo Declaration, and all appended exhibits forthwith. (Signed by Judge William H. Pauley, III on 11/20/2020) (nb)
November 18, 2020 Opinion or Order Filing 165 LETTER addressed to Judge William H. Pauley, III from Jacob S. Kreilkamp dated November 18, 2020 re: Response to Order (ECF No. 163). Document filed by Bank of America, N.A...(Kreilkamp, Jacob)
November 16, 2020 Opinion or Order Filing 164 CERTIFICATE OF SERVICE of Order re Request for Redaction served on Bank of America on November 16, 2020. Document filed by US Bank National Association..(Marcucci, Michael)
November 16, 2020 Opinion or Order Filing 163 ORDER: Non-party Bank of America shall submit a letter to this Court no later than November 19, 2020, explaining the need for the requested redactions described in Plaintiff Ambac Assurance Corporation's letter motion to seal. (ECF No. 155.) Defendant U.S. Bank National Association shall serve Bank of America with a copy of this Order forthwith and note service on the docket. SO ORDERED. (Signed by Judge William H. Pauley, III on 11/16/2020) (kv)
November 13, 2020 Opinion or Order Filing 162 LETTER addressed to Judge William H. Pauley, III from Jarman D. Russell dated November 13, 2020 re: Letter in response to the Court's Order (Dkt. 161). Document filed by The Bank of New York Mellon..(Russell, Jarman)
November 12, 2020 Opinion or Order Filing 161 ORDER: Non-party Bank of New York Melon Corporation shall submit a letter to this Court no later than November 16, 2020, explaining the need for the requested redactions described in Ambac's letter motion to seal. (ECF No. 155.) (Signed by Judge William H. Pauley, III on 11/12/2020) (nb)
November 11, 2020 Opinion or Order Filing 160 ORDER granting #159 Letter Motion for Extension of Time. Application granted. BNYM shall file its opposition to Ambac's Motion to Compel by November 24, 2020. Ambac shall file its reply by December 4, 2020. (Signed by Judge William H. Pauley, III on 11/11/2020) (nb)
November 11, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 11/24/2020 Replies due by 12/4/2020. (nb)
November 11, 2020 Opinion or Order Filing 159 JOINT LETTER MOTION for Extension of Time addressed to Judge William H. Pauley, III from Christopher J. Houpt and Henry J. Ricardo dated November 11, 2020. Document filed by AMBAC Assurance Corporation, The Bank of New York Mellon..(Houpt, Christopher)
November 11, 2020 Opinion or Order Filing 158 NOTICE OF APPEARANCE by Jarman Douglas Russell on behalf of The Bank of New York Mellon..(Russell, Jarman)
November 11, 2020 Opinion or Order Filing 157 NOTICE OF APPEARANCE by Christopher James Houpt on behalf of The Bank of New York Mellon..(Houpt, Christopher)
November 6, 2020 Opinion or Order Filing 156 CERTIFICATE OF SERVICE of Notice of Motion to Compel with unredacted Declaration of Henry J. Ricardo, exhibits thereto, and Memorandum of Law in support served on Non-Party Bank of New York Mellon Corporation and Defendant U.S. Bank National Association on November 6, 2020. Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
November 6, 2020 Opinion or Order Filing 155 LETTER MOTION to Seal portions of forthcoming Memorandum of Law and Declaration of Henry J. Ricardo with sealed Exhibit 20 in support of Plaintiff's Motion to Compel addressed to Judge William H. Pauley, III from Henry J. Ricardo dated November 6, 2020. Document filed by AMBAC Assurance Corporation. (Attachments: #1 (Proposed) Redacted Memorandum of Law in support of Motion to Compel, #2 (Proposed) Redacted Declaration of Henry J. Ricardo in support of Motion to Compel).(Ricardo, Henry)
November 6, 2020 Opinion or Order Filing 154 MOTION to Compel Non-Party Bank of New York Mellon Corporation to produce documents in response to subpoena duces tecum . Document filed by AMBAC Assurance Corporation..(Ricardo, Henry)
November 6, 2020 Opinion or Order Filing 153 MEMO ENDORSEMENT granting #152 Letter Motion for Extension of Time: ENDORSEMENT: SO ORDERED. (Signed by Judge William H. Pauley, III on 11/6/2020) (kv)
November 6, 2020 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 7/1/2021. Fact Discovery due by 2/16/2021. (kv)
November 2, 2020 Opinion or Order Filing 152 JOINT LETTER MOTION for Extension of Time for all deadlines addressed to Judge William H. Pauley, III from David F. Adler and Henry J. Ricardo dated November 2, 2020. Document filed by US Bank National Association. (Attachments: #1 Text of Proposed Order).(Adler, David)
July 27, 2020 Opinion or Order Filing 151 FIFTH REVISED SCHEDULING ORDER granting #150 Letter Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED THAT the Court adopts the following schedule: 1. Fact discovery, including party and third-party fact discovery, shall be completed by November 16, 2020; 2. Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages ("Phase 1"); and (2) expert reports relating to loan-level reunderwriting and damages ("Phase 2"). 3. Phase 1 expert discovery shall be completed by April 1, 2021, with the following interim deadlines: as further set forth herein. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/27/2020) (kv)
July 27, 2020 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 4/1/2021. Fact Discovery due by 11/16/2020. (kv)
July 22, 2020 Opinion or Order Filing 150 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge William H. Pauley, III from counsel for all parties dated July 22, 2020. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Proposed Fifth Revised Scheduling Order).(Ricardo, Henry)
June 29, 2020 Opinion or Order Filing 149 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW ANDREW S. KLEINFELD AS COUNSEL. ENDORSEMENT: Application granted. The Clerk of Court is directed to terminate the motion pending at ECF No. 147 and terminate Mr. Kleinfeld's appearance on the docket. So ordered. Granting #147 Motion to Withdraw as Attorney. Attorney Andrew Steven Kleinfeld terminated. (Signed by Judge William H. Pauley, III on 6/29/2020) (rjm)
June 26, 2020 Opinion or Order Filing 148 DECLARATION of Andrew S. Kleinfeld in Support re: #147 MOTION for Andrew S. Kleinfeld to Withdraw as Attorney for Defendant.. Document filed by US Bank National Association..(Kleinfeld, Andrew)
June 26, 2020 Opinion or Order Filing 147 MOTION for Andrew S. Kleinfeld to Withdraw as Attorney for Defendant. Document filed by US Bank National Association..(Kleinfeld, Andrew)
May 21, 2020 Opinion or Order Filing 146 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for US Bank National Association. Document filed by US Bank National Association..(Adler, David)
April 30, 2020 Opinion or Order Filing 145 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp, Corporate Parent Berkshire Hathaway Inc. for US Bank National Association. Document filed by US Bank National Association..(Adler, David)
April 6, 2020 Opinion or Order Filing 144 FOURTH REVISED SCHEDULING ORDER granting #143 Letter Motion for Extension of Time to Complete Discovery: NOW THEREFORE, IT IS HEREBY ORDERED THAT the Court adopts the following schedule: 1. Fact discovery, including party and third-party fact discovery, shall be completed by August 14, 2020; 2. Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages ("Phase 1"); and (2) expert reports relating to loan-level reunderwriting and damages ("Phase 2"). 3. Phase 1 expert discovery shall be completed by January 29, 2021, with the following interim deadlines: a. Opening expert reports shall be exchanged by October 13, 2020. b. Rebuttal expert reports shall be exchanged by December 15, 2020. c. No reply reports shall be permitted. 4. Any Party seeking to file a dispositive motion following Phase 1 expert discovery shall submit a letter request consistent with this Court's Individual Rules of Practice no later than January 15, 2021. 5. The Parties will identify their Phase 2 loan-level reunderwriting and damages experts by January 29, 2021 and will jointly propose a schedule for Phase 2 expert discovery to the Court by February 8, 2021. (Signed by Judge William H. Pauley, III on 4/6/2020) (jwh)
April 6, 2020 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 1/29/2021. Fact Discovery due by 8/14/2020. (jwh) Modified on 4/8/2020 (jwh).
April 1, 2020 Opinion or Order Filing 143 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge William H. Pauley, III from counsel for all parties dated April 1, 2020. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Proposed Fourth Revised Scheduling Order).(Ricardo, Henry)
February 6, 2020 Opinion or Order Filing 142 AFFIDAVIT OF SERVICE of Order Granting U.S. Bank's Motion to Compel served on Nationstar Mortgage LLC, C/O Corporation Service Company on February 5, 2020. Service was accepted by Robin Molt, Litigation Management Specialist of Corporation Service Company as Registered Agent. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - February 3, 2020 Email to J. Tillotson, #2 Exhibit B- Affidavit of Service).(Kessler, Carly)
February 3, 2020 Opinion or Order Filing 141 ORDER granting #133 Motion to Compel. For all the reasons set forth above, U.S. Bank's motion to compel Nationstar to respond to its subpoena is GRANTED. Nationstar shall comply and produce responsive documents by no later than February 28, 2020 or face sanctions. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 133. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/3/2020) (ks)
January 31, 2020 Opinion or Order Filing 140 LETTER addressed to Magistrate Judge Katharine H. Parker from Carly A. Kessler dated January 31, 2020 re: U.S. Bank's Rule 45 Motion to Compel Production against Non-Party Nationstar Mortgage LLC. Document filed by US Bank National Association.(Kessler, Carly)
January 21, 2020 Opinion or Order Filing 139 AMENDED 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: (ECF No. 133 - Motion to Compel). Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge William H. Pauley, III on 1/21/2020) (jwh)
January 21, 2020 Opinion or Order Filing 138 THIRD REVISED SCHEDULING ORDER: NOW THEREFORE, IT IS HEREBY ORDERED THAT the Court adopts the following schedule: Fact discovery, including party and third-party fact discovery, shall be completed by May 15, 2020; Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages ("Phase 1"); and (2) expert reports relating to loan-level reunderwriting and damages ("Phase 2"). Phase 1 expert discovery shall be completed by October 15, 2020, with the following interim deadlines: Opening expert reports shall be exchanged by July 13, 2020. Rebuttal expert reports shall be exchanged by September 15, 2020. No reply reports shall be permitted. Any Party seeking to file a dispositive motion following Phase 1 expert discovery shall submit a letter request consistent with this Court's Individual Rules of Practice no later than October 15, 2020. The Parties will identify their Phase 2 loan-level reunderwriting and damages experts by October 29, 2020 and will jointly propose a schedule for Phase 2 expert discovery to the Court by November 8, 2020. (Fact Discovery due by 5/15/2020. Expert Discovery due by 10/15/2020.) (Signed by Judge William H. Pauley, III on 1/21/2020) (jwh)
January 21, 2020 Opinion or Order MOTIONS REFERRED: #133 MOTION to Compel Nationstar Mortgage LLC to Produce Documents Responsive to U.S. Bank's Subpoena Duces Tecum Issued on July 22, 2019. Motions referred to Katharine H. Parker. (jwh)
January 17, 2020 Opinion or Order Filing 137 AFFIDAVIT OF SERVICE of Rule 45 Motion to Compel Production Against Non-Party Nationstar Mortgage LLC served on Nationstar Mortgage LLC, C/O Corporation Service Company on January 16, 2020. Service was accepted by Maureen Cogan, Litigation Management Specialist of Corporation Service Company as Registered Agent. Document filed by US Bank National Association. (Attachments: #1 Exhibit Q - Affidavit of Service, #2 Exhibit R - January 15, 2020 Email to J. Tillotson (copy of Mot. to Compel))(Kessler, Carly)
January 17, 2020 Opinion or Order Filing 136 JOINT LETTER addressed to Judge William H. Pauley, III from Counsel dated January 17, 2020 re: Joint Status Report and Submission of Revised Scheduling Order. Document filed by AMBAC Assurance Corporation. (Attachments: #1 [Proposed] Third Revised Scheduling Order)(Ricardo, Henry)
January 15, 2020 Opinion or Order Filing 135 DECLARATION of Carly A. Kessler in Support re: #133 MOTION to Compel Nationstar Mortgage LLC to Produce Documents Responsive to U.S. Bank's Subpoena Duces Tecum Issued on July 22, 2019 .. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Nationstar Subpoena, #2 Exhibit B - July 22, 2019 Email to J. Tillotson (with subpoena), #3 Exhibit C - July 22, 2019 Email to/from J. Tillotson, #4 Exhibit D - NY Secretary of State Registered Agent Info, #5 Exhibit E - Affidavit of Service July 24, 2019, #6 Exhibit F - August 13, 2019 Email to J. Tillotson, #7 Exhibit G - August 13, 2019 Email from J. Tillotson, #8 Exhibit H - August 28, 2019 Email to J. Tillotson, #9 Exhibit I - September 6, 2019 Email to J. Tillotson, #10 Exhibit J - September 16, 2019 Email to J. Tillotson, #11 Exhibit K - September 19, 2019 Email to J. Tillotson, #12 Exhibit L - October 7, 2019 Email to J. Tillotson, #13 Exhibit M - November 25, 2019 Email re Call, #14 Exhibit N - November 20, 2019 to December 5, 2019 Email to J. Tillotson, #15 Exhibit O - December 6, 2019 C. Kessler Response to J. Tillotson, #16 Exhibit P - December 6, 2019 to December 18, 2019 Emails with J. Tillotson)(Kessler, Carly)
January 15, 2020 Opinion or Order Filing 134 MEMORANDUM OF LAW in Support re: #133 MOTION to Compel Nationstar Mortgage LLC to Produce Documents Responsive to U.S. Bank's Subpoena Duces Tecum Issued on July 22, 2019 . . Document filed by US Bank National Association. (Kessler, Carly)
January 15, 2020 Opinion or Order Filing 133 MOTION to Compel Nationstar Mortgage LLC to Produce Documents Responsive to U.S. Bank's Subpoena Duces Tecum Issued on July 22, 2019 . Document filed by US Bank National Association.(Kessler, Carly)
January 7, 2020 Opinion or Order Filing 132 AMENDED ANSWER to #62 Amended Complaint. Document filed by US Bank National Association. (Adler, David)
January 3, 2020 Opinion or Order Filing 131 MEMORANDUM & ORDER: For the foregoing reasons, U.S. Bank's motion to amend its Answer is granted. The parties shall submit a proposed revised scheduling order by January 17, 2020. (Signed by Judge William H. Pauley, III on 1/3/2020) (jwh)
December 27, 2019 Opinion or Order Filing 130 NOTICE OF APPEARANCE by Alexander Daniel Newman on behalf of US Bank National Association. (Newman, Alexander)
December 18, 2019 Opinion or Order Filing 129 MEMO ENDORSEMENT on re: #126 Letter, filed by US Bank National Association. ENDORSEMENT: Application granted. The parties shall appear for a pre-motion conference on December 23, 2019 at 11:00 a.m. SO ORDERED. (Pre-Motion Conference set for 12/23/2019 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/18/2019) (jca)
December 17, 2019 Opinion or Order Filing 128 LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated December 17, 2019 re: Plaintiff's response to Defendant's 12/10/19 letter request for pre-motion conference. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
December 16, 2019 Opinion or Order Filing 127 ORDER FOR ADMISSION PRO HAC VICE granting #123 Motion for Joseph Z. Czerwien to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 12/16/2019) (jwh)
December 10, 2019 Opinion or Order Filing 126 LETTER addressed to Judge William H. Pauley, III from David F. Adler dated December 10, 2019 re: Pre-Motion Conference Regarding a Motion for Leave to File an Amended Answer. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Proposed Amended Answer, #2 Exhibit B - Redline of Proposed Amended Answer)(Adler, David)
December 10, 2019 Opinion or Order Filing 125 ORDER FOR ADMISSION PRO HAC VICE granting #124 Motion for Joseph C. Barry to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 12/10/2019) (ks)
December 9, 2019 Opinion or Order Filing 124 MOTION for Joseph C. Barry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244643. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit of Joseph C. Barry, #2 Exhibit B - Certificate of good standing, #3 Exhibit C - Proposed order)(Barry, Joseph)
December 9, 2019 Opinion or Order Filing 123 MOTION for Joseph Z. Czerwien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244191. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit of Joseph Z. Czerwien, #2 Exhibit B - Certificate of good standing, #3 Exhibit C - Proposed order)(Czerwien, Joseph)
December 9, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #123 MOTION for Joseph Z. Czerwien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244191. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 9, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Joseph C. Barry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18244643. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 25, 2019 Opinion or Order Filing 122 ORDER FOR ADMISSION PRO HAC VICE granting #121 Motion for Keith M. Kollmeyer to Appear Pro Hac Vice. The motion of Keith M. Kollmeyer, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant Keith M. Kollmeyer is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Katharine H. Parker on 11/25/19) (yv)
November 22, 2019 Opinion or Order Filing 121 MOTION for Keith M. Kollmeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18130070. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing - Massachusetts, #3 Exhibit C - (Proposed) Order for Admission Pro Hac Vice)(Kollmeyer, Keith)
November 22, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #121 MOTION for Keith M. Kollmeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18130070. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 8, 2019 Opinion or Order Filing 120 MEMO ENDORSEMENT on re: #119 Letter filed by AMBAC Assurance Corporation. ENDORSEMENT: The parties are directed to submit an additional status report by Friday, January 17, 2020. The parties shall alert this Court of any dispute that ripens before that time. SO ORDERED. (Signed by Judge William H. Pauley, III on 11/8/2019) (kv)
November 4, 2019 Opinion or Order Filing 119 JOINT LETTER addressed to Judge William H. Pauley, III dated November 4, 2019 re: joint status letter pursuant to the Court's 9/12/2019 order. Document filed by AMBAC Assurance Corporation.(Ricardo, Henry)
October 9, 2019 Opinion or Order Filing 118 SECOND REVISED SCHEDULING ORDER granting #116 Letter Motion for Extension of Time to Complete Discovery. 1. Fact discovery, including party and third-party fact discovery, shall be completed by January 17, 2020; 2. Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages ("Phase 1"); and (2) expert reports relating to loan-level reunderwriting and damages ("Phase 2"). 3. Phase 1 expert discovery shall be completed by June 8, 2020, with the following interim deadlines: a. Opening expert reports shall be exchanged by March 6, 2020. b. Rebuttal expert reports shall be exchanged by May 8, 2020. c. No reply reports shall be permitted. 4. Any Party seeking to file a dispositive motion following Phase 1 expert discovery shall submit a letter request consistent with this Court's Individual Rules of Practice no later than June 8, 2020. 5. The Parties will identify their Phase 2 loan-level reunderwriting and damages experts by June 22, 2020 and will jointly propose a schedule for Phase 2 expert discovery to the Court by June 29, 2020. (Signed by Judge William H. Pauley, III on 10/9/2019) (mro)
October 9, 2019 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 6/8/2020. Fact Discovery due by 1/17/2020. (mro)
October 8, 2019 Opinion or Order Filing 117 NOTICE OF APPEARANCE by Henry J. Ricardo on behalf of AMBAC Assurance Corporation. (Ricardo, Henry)
October 8, 2019 Opinion or Order Filing 116 CONSENT LETTER MOTION for Extension of Time to Complete Discovery from October 31, 2019 to January 17, 2020, with proportionate extensions to the expert discovery and summary judgment deadlines addressed to Judge William H. Pauley, III from Michael T. Marcucci dated October 8, 2019. Document filed by US Bank National Association. (Attachments: #1 Text of Proposed Order Proposed Second Revised Scheduling Order)(Marcucci, Michael)
October 7, 2019 Opinion or Order Filing 115 ORDER FOR ADMISSION PRO HAC VICE granting #111 Motion for Jenna L. LaPointe to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 10/7/2019) (jwh)
October 4, 2019 Opinion or Order Filing 114 MEMO ENDORSEMENT granting #113 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS HEREBY ORDERED that W. Robert Fair is withdrawn as counsel for Plaintiff Ambac Assurance Corporation in the above action. (Attorney William Robert Fair terminated.) (Signed by Judge William H. Pauley, III on 10/4/2019) (jwh)
October 3, 2019 Opinion or Order Filing 113 MOTION for W. Robert Fair to Withdraw as Attorney . Document filed by AMBAC Assurance Corporation.(Fair, William)
September 24, 2019 Opinion or Order ***DELETED DOCUMENT. Deleted document number 112 ORDER FOR ADMISSION PRO HAC VICE. The document was incorrectly filed in this case, as per instructions from Judge Pauley's Chambers. (jwh)
September 23, 2019 Opinion or Order Filing 111 MOTION for Jenna L. LaPointe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17647111. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Affidavit In Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(LaPointe, Jenna)
September 23, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #111 MOTION for Jenna L. LaPointe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17647111. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 19, 2019 Opinion or Order Filing 110 ORDER FOR ADMISSION PRO HAC VICE granting #109 Motion for Erik Doughty to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 9/19/2019) (jwh)
September 17, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #109 MOTION for Erik Doughty 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. (wb)
September 17, 2019 Opinion or Order Pro Hac Vice Fee Payment: for #109 MOTION for Erik Doughty to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17614783.(Doughty, Erik)
September 13, 2019 Opinion or Order Filing 109 MOTION for Erik Doughty to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Doughty, Erik)
September 12, 2019 Opinion or Order Filing 108 MEMO ENDORSEMENT on re: #107 Joint Status Letter in response to 4/19/19 order, filed by AMBAC Assurance Corporation. ENDORSEMENT: The parties are directed to submit an additional status report by Monday, November 4, 2019. The parties shall alert this Court of any dispute that ripens before that time. So Ordered. (Signed by Judge William H. Pauley, III on 9/12/19) (yv)
September 6, 2019 Opinion or Order Filing 107 JOINT LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated September 6, 2019 re: joint status letter in response to 4/19/19 order. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
August 12, 2019 Opinion or Order Filing 106 NOTICE OF CHANGE OF ADDRESS by David F. Adler on behalf of US Bank National Association. New Address: Jones Day, 100 High Street, 21st Floor, Boston, MA, United States 02110, 6179603939. (Adler, David)
July 19, 2019 Opinion or Order Filing 105 NOTICE OF APPEARANCE by Carly Ann Kessler on behalf of US Bank National Association. (Kessler, Carly)
June 7, 2019 Opinion or Order Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/18/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 7, 2019 Opinion or Order Filing 103 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2019 before Judge William H. Pauley, III. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/5/2019.(McGuirk, Kelly)
April 19, 2019 Opinion or Order Filing 102 STIPULATION REGARDING THE CONTENT AND FORMAT OF PRIVILEGE LOGS: Plaintiff Ambac Assurance Corporation ("Ambac") and Defendant U.S. Bank National Association ("U.S. Bank"), by, between, and among their respective counsel, have stipulated and agreed to the following terms regarding the content and format of their privilege logs: 1. General Provisions The parties have met and conferred to discuss the information to be set forth in the parties' respective privilege logs and the use of categorical versus document-by-document privilege logging where appropriate. In compliance with their obligations under Federal Rule of Civil Procedures 26(b)(5)(A) and S.D.N.Y. Local Rule 26.2, the parties have agreed to exchange a hybrid categorical privilege log, in which each document will be logged individually while the narrative for each document will fall into one of the agreed-upon subject matter categories set forth below. 2. Content and Format of Privilege Logs a. Documents to Be Logged. The parties' privilege logs will consist of every individual responsive document which has been withheld as privileged, including documents that have been withheld in full and documents that have been redacted. The parties agree that non-privileged family members of privileged documents will be produced and therefore will not be logged, and as further set forth in this stipulation. (Signed by Judge William H. Pauley, III on 4/19/2019) (jwh)
April 19, 2019 Opinion or Order Filing 101 STIPULATION GOVERNING DEPOSITIONS: Plaintiff Ambac Assurance Corporation ("Ambac") and Defendant U.S. Bank National Association ("U.S. Bank," with Ambac, the "Parties," and Ambac or U.S. Bank individually, a "Party"), by and between their respective counsel, have stipulated and agreed to the following procedures for noticing and taking the depositions in this action: 1. Defendant may notice and take no more than ten depositions of Plaintiff's witnesses. Plaintiff may notice and take no more than ten depositions of Defendant's witnesses. For purposes of this stipulation, any current or former employee of a Party shall be considered a Party witness, and as further set forth in this stipulation. (Signed by Judge William H. Pauley, III on 4/19/2019) (jwh)
April 19, 2019 Opinion or Order Filing 100 REVISED SCHEDULING ORDER granting #96 Letter Motion for Extension of Time to Complete Discovery: NOW THEREFORE, IT IS HEREBY ORDERED THAT the Court adopts the following schedule: 1. Fact discovery, including party and third-party fact discovery, shall be completed by October 31, 2019; 2. Expert discovery shall be divided into two stages: (1) expert reports relating to any issue other than loan-level reunderwriting and damages ("Phase 1"); and (2) expert reports relating to loan-level reunderwriting and damages ("Phase 2"). 3. Phase 1 expert discovery shall be completed by March 23, 2020, with the following interim deadlines: a. Opening expert reports shall be exchanged by December 19, 2019. b. Rebuttal expert reports shall be exchanged by February 20, 2020. c. No reply reports shall be permitted. 4. Any Party seeking to file a dispositive motion following Phase 1 expert discovery shall submit a letter request consistent with this Court's Individual Rules of Practice no later than March 23, 2020. 5. The Parties will identify their Phase 2 loan-level reunderwriting and damages experts by April 6, 2020 and will jointly propose a schedule for Phase 2 expert discovery to the Court by April 13, 2020. This Court having held a telephonic status conference on April 18, 2019, the parties are further directed to file a joint status report in accord with this Court's on-the-record instruction by September 6, 2019. (Signed by Judge William H. Pauley, III on 4/19/2019) (jwh)
April 19, 2019 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 3/23/2020. Fact Discovery due by 10/31/2019. (jwh)
April 18, 2019 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 4/18/2019.
April 18, 2019 Opinion or Order Filing 99 PROPOSED STIPULATION AND ORDER. Document filed by US Bank National Association. (Marcucci, Michael)
April 18, 2019 Opinion or Order Filing 98 PROPOSED STIPULATION AND ORDER. Document filed by US Bank National Association. (Marcucci, Michael)
April 15, 2019 Opinion or Order Filing 97 MEMO ENDORSEMENT on re: #96 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Joint Status Report pursuant to the Court's December 5, 2019 order. (ECF No. 86.) addressed to Judge William H. Pauley, III from Peter W. Tomlinson and Michael T. Marcu filed by AMBAC Assurance Corporation. ENDORSEMENT: In view of the parties' April 15, 2019 joint status report, the parties shall appear telephonically for the April 18, 2019 status conference. The parties should be prepared to elaborate further on the joint status report's general representations as to the progress of discovery. Counsel for the parties are directed to provide Chambers with dial-in information in advance of the conference. So Ordered. (Telephone Conference set for 4/18/2019 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/15/2019) (js)
April 15, 2019 Opinion or Order Filing 96 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Joint Status Report pursuant to the Court's December 5, 2019 order. (ECF No. 86.) addressed to Judge William H. Pauley, III from Peter W. Tomlinson and Michael T. Marcucci dated April 15, 2019. Document filed by AMBAC Assurance Corporation. (Attachments: #1 [Proposed] Revised Scheduling Order)(Tomlinson, Peter)
February 27, 2019 Opinion or Order Filing 95 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ambac Financial Group, Inc., Corporate Parent Blackrock, Inc., Corporate Parent The Vanguard Group for AMBAC Assurance Corporation. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
February 27, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter W. Tomlinson to RE-FILE Document #94 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
February 25, 2019 Opinion or Order Filing 94 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ambac Financial Group, Inc. for AMBAC Assurance Corporation. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter) Modified on 2/27/2019 (ldi).
February 25, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter W. Tomlinson to RE-FILE Document #93 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
February 19, 2019 Opinion or Order Filing 93 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter) Modified on 2/25/2019 (ldi).
January 17, 2019 Opinion or Order Filing 92 ORDER. Defendant U.S. Bank National Association's motion to withdraw the appearance of Emmett E. Robinson, Esq. is granted. The Clerk of Court is directed to terminate the motion pending at ECF No. 91 and terminate Mr. Robinson's appearance on the docket. So ordered. Granting #91 Motion to Withdraw as Attorney. Attorney Emmett E. Robinson terminated. (Signed by Judge William H. Pauley, III on 1/17/2019) (rjm)
December 19, 2018 Opinion or Order Filing 91 MOTION for Emmett E. Robinson to Withdraw as Attorney for U.S Bank National Association. Document filed by US Bank National Association.(Robinson, Emmett)
December 18, 2018 Opinion or Order Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 12/12/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea)
December 18, 2018 Opinion or Order Filing 89 TRANSCRIPT of Proceedings re: Discovery Hearing held on 12/12/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2019. Redacted Transcript Deadline set for 1/18/2019. Release of Transcript Restriction set for 3/18/2019.(aea)
December 14, 2018 Opinion or Order Filing 88 ORDER. The information sought by U.S. Bank is not relevant. Therefore, its motion to compel is DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/14/18) (yv)
December 12, 2018 Opinion or Order Filing 87 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Hearing held on 12/12/2018: See Transcript for Details. A Transcript of this proceeding is available by utilizing the attached order form. (ca)
December 5, 2018 Opinion or Order Filing 86 SCHEDULING ORDER: In view of the parties' representations in their December 4, 2018 joint status report (ECF No. 85), the status conference scheduled for December 7, 2018 is adjourned to April 18, 2019 at 10:00 a.m. The parties are directed to submit a further status report on April 15, 2019. SO ORDERED. Status Conference set for 4/18/2019 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 12/05/2018) (ama)
December 4, 2018 Opinion or Order Filing 85 JOINT LETTER addressed to Judge William H. Pauley, III from Michael T. Marcucci and Peter W. Tomlinson dated December 4, 2018 re: Status report in advance of the December 7, 2018 conference. Document filed by US Bank National Association.(Marcucci, Michael)
November 21, 2018 Opinion or Order Filing 84 ORDER granting #83 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The discovery conference in this matter previously scheduled for December 5, 2018 is hereby rescheduled to December 12, 2018 at 3:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. So Ordered. (Discovery Hearing set for 12/12/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/21/18) (yv)
November 20, 2018 Opinion or Order Filing 83 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Katharine H. Parker from Michael T. Marcucci dated November 20, 2018. Document filed by US Bank National Association.(Marcucci, Michael)
November 7, 2018 Opinion or Order Filing 82 ORDER SCHEDULING DISCOVERY CONFERENCE granting #80 Letter Motion for Conference. A Discovery Conference will be held on Wednesday, December 5, 2018 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York to address the parties' outstanding discovery disputes. SO ORDERED. (Discovery Hearing set for 12/5/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/7/18) (yv)
November 7, 2018 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W Lehrburger. Please note that this is a reassignment of the designation only. (wb)
November 7, 2018 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robert W. Lehrburger, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge Stewart D. Aaron no longer referred to the case. Motions referred to Robert W. Lehrburger. (wb)
November 7, 2018 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Katharine H. Parker. Please note that this is a reassignment of the designation only. (wb)
November 7, 2018 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge Robert W. Lehrburger no longer referred to the case. Motions referred to Katharine H. Parker. (wb)
November 6, 2018 Opinion or Order Filing 81 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. Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge William H. Pauley, III on 11/6/2018) (jwh)
November 5, 2018 Opinion or Order Magistrate Judge Stewart D. Aaron is so redesignated. (wb)
October 25, 2018 Opinion or Order Filing 80 JOINT LETTER MOTION for Conference /pre-motion conference to discuss a discovery dispute addressed to Judge William H. Pauley, III from David F. Adler and Peter W. Tomlinson dated October 25, 2018. Document filed by US Bank National Association.(Adler, David)
August 24, 2018 Opinion or Order Filing 79 ANSWER to #62 Amended Complaint. Document filed by US Bank National Association.(Adler, David)
July 27, 2018 Opinion or Order Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/18/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 27, 2018 Opinion or Order Filing 77 TRANSCRIPT of Proceedings re: conference held on 7/18/2018 before Judge William H. Pauley, III. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/25/2018.(McGuirk, Kelly)
July 18, 2018 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 7/18/2018. (Fang, Jerry)
July 18, 2018 Opinion or Order Filing 76 SCHEDULING ORDER: U.S. Bank shall answer Ambac's Amended Complaint on or before August 24, 2018. Fact discovery, including party and third-party fact discovery, shall be completed by July 31, 2019. The Parties will substantially complete depositions of fact witnesses by July 15, 2019. Phase 1 expert discovery shall be completed by December 21, 2019. The parties are further directed to provide a status report by December 4, 2018 and appear for a status conference on December 7, 2018 at 10:00 a.m. Deposition due by 7/15/2019. Fact Discovery due by 7/31/2019. Status Conference set for 12/7/2018 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 7/18/2018) (mro)
July 18, 2018 Opinion or Order Set/Reset Deadlines: US Bank National Association answer due 8/24/2018. (mro)
July 6, 2018 Opinion or Order Filing 75 ORDER granting #74 Letter Motion to Adjourn Conference. Application granted. The conference is adjourned to 12:00 p.m. on July 18, 2018. SO ORDERED. (Status Conference set for 7/18/2018 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/6/2018) (rro)
July 6, 2018 Opinion or Order Filing 74 LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Michael T. Marcucci dated July 6, 2018. Document filed by US Bank National Association.(Marcucci, Michael)
July 3, 2018 Opinion or Order Filing 73 ORDER: The parties are directed to appear for a status conference on July 18, 2018 at 10:00 a.m. to fix a discovery schedule and a date for submitting a joint pre-trial order. The parties are further directed to confer and submit a joint proposed discovery schedule by July 16, 2018. (Status Conference set for 7/18/2018 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/3/2018) (jwh)
June 29, 2018 Opinion or Order Filing 72 OPINION & ORDER re: #37 MOTION to Stay or Dismiss filed by US Bank National Association: For the foregoing reasons, U.S. Bank's motion for a stay is denied. Its motion to dismiss Ambac's breach of fiduciary duty claims, breach of contract claims that accrued before April 11, 2011, and Streit Act claims is granted in part and denied in part. The breach of fiduciary duty claims are dismissed to the extent that they are premised on U.S. Bank's duty to act prudently and in good faith. The breach of contract claims are dismissed to the extent that they are premised on U.S. Bank's obligation to certify that mortgage documents were properly delivered to the Trusts. Finally, the Streit Act claims are dismissed. The Clerk of Court is directed to terminate the motion pending at ECF No. 37. (Signed by Judge William H. Pauley, III on 6/29/2018) (jwh)
May 18, 2018 Opinion or Order Filing 71 MEMO ENDORSEMENT re: #70 Letter withdrawing #63 Motion for contempt; withdrawing #63 Motion to Compel. ENDORSEMENT: Application granted. Ambac's Motion for Contempt and to Compel is deemed withdrawn without prejudice. The Clerk of Court is directed to terminate the motion pending at ECF No. 63. (Signed by Judge William H. Pauley, III on 5/18/2018) (jwh)
May 18, 2018 Opinion or Order Filing 70 LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated May 18, 2018 re: withdrawal of Ambac's Motion for Contempt and to Compel. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
April 20, 2018 Opinion or Order Filing 69 MEMO ENDORSEMENT: on re: #68 Letter filed by AMBAC Assurance Corporation. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 4/20/2018) (ap)
April 19, 2018 Opinion or Order Filing 68 JOINT LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated 4/19/2018 re: status of Nationstar's production and Ambac's discovery motion. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
April 13, 2018 Opinion or Order Filing 67 LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated April 13, 2018 re: Ambac's Rule 45 Motion for Contempt and to Compel. Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
March 23, 2018 Opinion or Order Filing 66 DECLARATION of Stephanie Teplin as to Service of its Motion for Contempt and to Compel Production against Non- Party Nationstar Mortgage. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1)(Teplin, Stephanie)
March 23, 2018 Opinion or Order Filing 65 DECLARATION of Peter W. Tomlinson in Support re: #63 MOTION for contempt . MOTION to Compel Non-Party Nationstar Mortgage LLC to produce .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit Subpoena to Nationstar Mortgage LLC, #2 Exhibit Nationstar Mortgage LLC NY SOS, #3 Exhibit Affidavit of Service, #4 Exhibit 12/21/17 Correspondence, #5 Exhibit 1/8/18 Correspondence, #6 Exhibit 1/26/18 Correspondence, #7 Exhibit 10/28/16 Letter Motion to Compel, #8 Exhibit Letter to Judge Katz, #9 1/11/17 Letter Motion to Compel)(Tomlinson, Peter)
March 23, 2018 Opinion or Order Filing 64 MEMORANDUM OF LAW in Support re: #63 MOTION for contempt . MOTION to Compel Non-Party Nationstar Mortgage LLC to produce . . Document filed by AMBAC Assurance Corporation. (Tomlinson, Peter)
March 23, 2018 Opinion or Order Filing 63 MOTION for contempt ., MOTION to Compel Non-Party Nationstar Mortgage LLC to produce . Document filed by AMBAC Assurance Corporation.(Tomlinson, Peter)
March 12, 2018 Opinion or Order Filing 62 AMENDED COMPLAINT amending #1 Complaint against US Bank National Association with JURY DEMAND.Document filed by AMBAC Assurance Corporation. Related document: #1 Complaint.(Tomlinson, Peter)
March 12, 2018 Opinion or Order Filing 61 STIPULATION AND ORDER REGARDING AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by Ambac, the Segregated Account, and U.S. Bank, through their undersigned attorneys, as follows: 1. Ambac will file an Amended Complaint in the form of Exhibit A promptly upon the Court's entry of this Stipulation and Order. 2. U.S. Banks Motion to Stay or Dismiss, including all filings in support and opposition [Dkt. 37-39, 44-45, 48-49, 55-56], shall be deemed to respond to the Amended Complaint, except that U.S. Bank withdraws its argument that all of Ambac's claims are time-barred base on its assignment of claims [see Dkt. 38 at 22 (Section II.C.1. only), Dkt. 48 at 8 (Section II.B.1. only)] and U.S. Bank's arguments related to Ambac's standing and authority to bring suit [see Dkt. 56]. All other arguments contained in filings supporting U.S. Bank's Motion to Stay or Dismiss, including all other arguments that certain of Ambac's claims are time-barred [see Dkt. 38 at 22-25 (Section II.C.2. through II.C.4.), Dkt 48 at 8-10 (Sections II.B.2. through II.B.3), shall be deemed to apply to the Amended Complaint. All references to "Plaintiffs" in U.S. Bank's Motion to Stay or Dismiss, including all filings in support, shall be deemed to refer to Ambac. 3. The caption in this action is changed to Ambac Assurance Corporation v. U.S. Bank National Association. (Segregated Account of Ambac Assurance Corporation terminated.) (Signed by Judge William H. Pauley, III on 3/12/2018) (jwh) Modified on 5/10/2018 (jwh).
December 28, 2017 Opinion or Order Filing 60 LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated 12/28/2017 re: docketing errors relating to prior letters. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Attachments: #1 Exhibit 1 - Ambac's 12/21/2017 letter #57 , #2 Exhibit 2 - U.S. Bank's 12/22/2017 letter #58 )(Tomlinson, Peter)
December 27, 2017 Opinion or Order Filing 59 LETTER addressed to Judge William H. Pauley, III from Louis A. Chaiten dated December 27, 2017 re: status of parallel proceedings in Wisconsin state court. Document filed by US Bank National Association.(Chaiten, Louis)
December 26, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Louis A. Chaiten to RE-FILE Document #58 Letter. ERROR(S): Document(s) linked to filing error. (db)
December 22, 2017 Opinion or Order Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge William H. Pauley, III from Louis A. Chaiten dated December 22, 2017 re: in response to Plaintiffs' Letter [ECF No. 57] regarding status of related proceedings in Wisconsin. Document filed by US Bank National Association.(Chaiten, Louis) Modified on 12/26/2017 (db).
December 21, 2017 Opinion or Order Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated December 21, 2017 re: status of related proceedings in Wisconsin. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Attachments: #1 Exhibit A)(Tomlinson, Peter) Modified on 12/26/2017 (db). As per ecf_error email correspondence received on 12/21/17 @ 6:38pm.
December 1, 2017 Opinion or Order Filing 56 LETTER addressed to Judge William H. Pauley, III from Louis A. Chaiten dated December 1, 2017 re: the effect of assignment on Ambac Assurance Corporations ability to assert claims and the accrual of the limitations periods for any claims (See ECF No. 52). Document filed by US Bank National Association.(Chaiten, Louis)
December 1, 2017 Opinion or Order Filing 55 LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated December 1, 2017 re: in response to the Court's inquiries at the November 17, 2017 oral argument. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Tomlinson, Peter)
November 29, 2017 Opinion or Order Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUEMENT proceeding held on 11/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 29, 2017 Opinion or Order Filing 53 TRANSCRIPT of Proceedings re: ARGUMENT held on 11/17/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 2/27/2018.(McGuirk, Kelly)
November 17, 2017 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 11/17/2017 re: #51 Scheduling Order,. (Fang, Jerry)
November 17, 2017 Opinion or Order Filing 52 SCHEDULING ORDER: Consistent with this Court's on-the-record instruction at oral argument, the parties shall each file a supplemental letter brief not exceeding five pages by December 1, 2017 regarding the effect of assignment on Ambac Assurance Corporation's ability to assert its claims and the effect of assignment on the accrual of the limitations periods for those claims. (Signed by Judge William H. Pauley, III on 11/17/2017) (jwh)
November 17, 2017 Opinion or Order Filing 51 SCHEDULING ORDER: The oral argument on Defendant's motion to stay or dismiss currently scheduled for November 17, 2017 at 12:00 p.m. is rescheduled to November 17, 2017 at 11:30 a.m. on consent of the parties. (Oral Argument set for 11/17/2017 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/17/2017) (jwh)
October 27, 2017 Opinion or Order Filing 50 LETTER addressed to Judge William H. Pauley, III from Louis A. Chaiten dated October 27, 2017 re: Rule III.F of the Court's Individual Practices. Document filed by US Bank National Association.(Chaiten, Louis)
October 27, 2017 Opinion or Order Filing 49 DECLARATION of Louis A. Chaiten in Support re: #37 MOTION to Stay or Dismiss.. Document filed by US Bank National Association. (Attachments: #1 Exhibit I - Amended Complaint in Separate Ambac v. US Bank Action)(Chaiten, Louis)
October 27, 2017 Opinion or Order Filing 48 REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Stay or Dismiss. . Document filed by US Bank National Association. (Chaiten, Louis)
October 18, 2017 Opinion or Order Filing 47 STIPULATION AND ORDER REGARDING THE FORMAT OF DOCUMENT PRODUCTIONS: IT IS ORDERED that: Absent special circumstances, the Parties will prepare their production documents in accordance with the agreed-upon specifications set forth below. Hard copy documents should be produced in the form of single-page, Group IV TIFFs at 300 dpi. Insofar as practicable, original documents containing color can be produced as single page, 300 dpi JPG images with JPG compression and a high quality setting as to not degrade the original image. Each TIFF or JPG image should be named as its corresponding Bates number. Original document orientation should be maintained (i.e., portrait to portrait and landscape to landscape). TIFF and JPG image files should be provided in a self-identified "Images" folder, and as further set forth in this stipulation. (Signed by Judge William H. Pauley, III on 10/18/2017) (jwh)
October 18, 2017 Opinion or Order Filing 46 STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge William H. Pauley, III on 10/18/2017) (jwh)
October 13, 2017 Opinion or Order Filing 45 DECLARATION of Peter W. Tomlinson in Opposition re: #37 MOTION to Stay or Dismiss.. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (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)(Tomlinson, Peter)
October 13, 2017 Opinion or Order Filing 44 MEMORANDUM OF LAW in Opposition re: #37 MOTION to Stay or Dismiss. . Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Tomlinson, Peter)
October 3, 2017 Opinion or Order Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 8/11/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 3, 2017 Opinion or Order Filing 42 TRANSCRIPT of Proceedings re: CONFERNECE held on 8/11/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/1/2018.(McGuirk, Kelly)
September 27, 2017 Opinion or Order Filing 41 ORDER FOR ADMISSION PRO HAC VICE granting #40 Motion for Shimshon Balanson to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 9/27/2017) (mro)
September 26, 2017 Opinion or Order Filing 40 MOTION for Shimshon Balanson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14169540. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit in support of motion for admission pro hac vice, #2 Exhibit B - Certificate of good standing OH, #3 Exhibit C - Text of Proposed Order)(Balanson, Shimshon)
September 26, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Shimshon Balanson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14169540. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 15, 2017 Opinion or Order Filing 39 DECLARATION of Louis A. Chaiten in Support re: #37 MOTION to Stay or Dismiss.. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Ambac Wisconsin Complaint, #2 Exhibit B - Ambac NY State Complaint, #3 Exhibit C - Ambac NY State Stay Decision, #4 Exhibit D - Docket from Ambac NY State, #5 Exhibit E - Blackrock State Amended Complaint, #6 Exhibit F - Transcript of Blackrock Court Conference, #7 Exhibit G - Exhibit 1 to Blackrock State Amended Complaint, #8 Exhibit H - Excerpt from Harborview 2005-16 Pooling Agreement)(Chaiten, Louis)
September 15, 2017 Opinion or Order Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Stay or Dismiss. . Document filed by US Bank National Association. (Chaiten, Louis)
September 15, 2017 Opinion or Order Filing 37 MOTION to Stay or Dismiss. Document filed by US Bank National Association.(Chaiten, Louis)
August 11, 2017 Opinion or Order Minute Entry for proceedings held before Judge William H. Pauley, III: Pre-Motion Conference held on 8/11/2017. (Fang, Jerry)
August 11, 2017 Opinion or Order Filing 36 SCHEDULING ORDER: The parties having appeared for a conference on August 11, 2017, the following is entered on consent: (1) Defendant will file its motion to dismiss by September 15, 2017; (2) Plaintiffs will file their opposition by October 13, 2017; (3) Defendant may file a reply by October 27, 2017; and (4) Oral argument on Defendant's motion to dismiss will be conducted on November 17, 2017 at 12:00 p.m. On the parties' consent, it is hereby ORDERED that all discovery in this action is stayed pending resolution of Defendant's motion to dismiss, except as provided below: (1) The parties may issue third-party subpoenas, including subpoenas directed at obtaining loan files; (2) The parties will produce certain non-custodial documents that will not require ESI searches, including electronic "deal files" and final loan tapes for the five trusts at issue; and (3) The parties will exchange written discovery requests and objections and responses, and meet and confer regarding ESI search terms and custodians. (Motions due by 9/15/2017. Responses due by 10/13/2017 Replies due by 10/27/2017. Oral Argument set for 11/17/2017 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/11/2017) (jwh)
August 11, 2017 Opinion or Order Filing 35 JOINT LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated August 11, 2017 re: the parties' proposal regarding discovery. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation.(Tomlinson, Peter)
August 4, 2017 Opinion or Order Filing 34 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation.(Tomlinson, Peter)
June 28, 2017 Opinion or Order Filing 33 ORDER granting #32 Letter Motion to Continue. Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 6/28/2017) (ras)
June 22, 2017 Opinion or Order Filing 32 JOINT LETTER MOTION to Continue Premotion Conference addressed to Judge William H. Pauley, III from Peter W. Tomlinson and David F. Adler dated June 22, 2017. Document filed by US Bank National Association.(Adler, David)
June 21, 2017 Opinion or Order Filing 31 ORDER granting #27 LETTER MOTION for Conference regarding U.S. Bank's proposed motion to dismiss addressed to Judge William H. Pauley, III from David F. Adler dated June 12, 2017. Application granted. The parties are directed to appear for a premotion conference on July 6, 2017 at 11:00 a.m. So ordered. (Pre-Motion Conference set for 7/6/2017 at 11:00 AM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 6/21/2017) (rjm)
June 21, 2017 Opinion or Order Filing 30 ORDER FOR ADMISSION PRO HAC VICE granting #29 Motion for Amanda R. Parker to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/21/2017) (rjm)
June 21, 2017 Opinion or Order Filing 29 MOTION for Amanda Rose Parker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit of Amanda Parker, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Proposed Order)(Parker, Amanda)
June 21, 2017 Opinion or Order Pro Hac Vice Fee Payment: for #29 MOTION for Amanda Rose Parker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-13809537.(Parker, Amanda)
June 21, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Amanda Rose Parker 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. (ma)
June 19, 2017 Opinion or Order Filing 28 LETTER addressed to Judge William H. Pauley, III from Peter W. Tomlinson dated June 19, 2017 re: in response to defendant US Bank National Association's letter of June 12, 2017 #27 . Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation.(Tomlinson, Peter)
June 12, 2017 Opinion or Order Filing 27 LETTER MOTION for Conference regarding U.S. Bank's proposed motion to dismiss addressed to Judge William H. Pauley, III from David F. Adler dated June 12, 2017. Document filed by US Bank National Association.(Adler, David)
June 2, 2017 Opinion or Order Filing 26 ORDER granting #24 Letter Motion to Continue: Application granted. The initial pretrial conference is rescheduled to August 11, 2017 at 11:30 a.m. (Initial Conference set for 8/11/2017 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 6/2/2017) (jwh)
June 1, 2017 Opinion or Order Filing 25 ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Emmett E. Robinson to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/1/2017) (rjm)
May 31, 2017 Opinion or Order Filing 24 JOINT LETTER MOTION to Continue addressed to Judge William H. Pauley, III from Peter W. Tomlinson and David F. Adler dated May 31, 2017. Document filed by US Bank National Association.(Adler, David)
May 31, 2017 Opinion or Order Filing 23 MOTION for Emmett E. Robinson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Robinson, Emmett)
May 31, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Emmett E. Robinson 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. (ma)
May 30, 2017 Opinion or Order Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Emmett E. Robinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13721342. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Robinson, Emmett) Modified on 5/31/2017 (jc).
May 10, 2017 Opinion or Order Filing 21 ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Louis Alan Chaiten to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/10/2017) (rjm)
May 9, 2017 Opinion or Order Filing 20 MOTION for Louis Alan Chaiten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13641191. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit of Louis Alan Chaiten, #2 Exhibit B - Certificates of good standing, #3 Text of Proposed Order)(Chaiten, Louis)
May 9, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Louis Alan Chaiten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13641191. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
May 8, 2017 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Michael Thomas Marcucci to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/8/2017) (mro)
May 5, 2017 Opinion or Order Filing 18 MOTION for Michael Thomas Marcucci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13629119. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marcucci, Michael)
May 5, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Michael Thomas Marcucci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13629119. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
April 25, 2017 Opinion or Order Filing 17 ORDER granting #13 Letter Motion for Extension of Time to File Response/Reply. Application granted. (Signed by Judge William H. Pauley, III on 4/25/2017) (mro)
April 25, 2017 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for David F. Adler to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 4/25/2017) (cla)
April 25, 2017 Opinion or Order Set/Reset Deadlines: US Bank National Association answer due 6/12/2017. (mro)
April 24, 2017 Opinion or Order Filing 15 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/7/2017 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/24/2017) (cla)
April 24, 2017 Opinion or Order Filing 14 MOTION for David F. Adler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13577399. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Exhibit A - Affidavit of David F. Adler, #2 Exhibit B - Certificates of good standing, #3 Text of Proposed Order)(Adler, David)
April 24, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for David F. Adler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13577399. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 19, 2017 Opinion or Order CASE DECLINED AS NOT RELATED. Case referred as related to 17cv446 and declined by Judge Sidney H. Stein and returned to wheel for assignment. (wb)
April 19, 2017 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (wb)
April 19, 2017 Opinion or Order Magistrate Judge Ronald L. Ellis is so designated. (wb)
April 14, 2017 Opinion or Order Filing 13 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Sidney H. Stein from Albert J. Rota dated April 14, 2017. Document filed by US Bank National Association.(Rota, Albert)
April 14, 2017 Opinion or Order Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for US Bank National Association. Document filed by US Bank National Association.(Kleinfeld, Andrew)
April 14, 2017 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Albert J. Rota on behalf of US Bank National Association. (Rota, Albert)
April 14, 2017 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED. US Bank National Association served on 4/13/2017, answer due 5/4/2017. Document filed by AMBAC Assurance Corporation; Segregated Account of Ambac Assurance Corporation. (Tomlinson, Peter)
April 13, 2017 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Andrew Steven Kleinfeld on behalf of US Bank National Association. (Kleinfeld, Andrew)
April 12, 2017 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to US Bank National Association. (kl)
April 12, 2017 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (kl)
April 12, 2017 Opinion or Order Case Designated ECF. (kl)
April 12, 2017 Opinion or Order CASE REFERRED TO Judge Sidney H. Stein as possibly related to 1:17-cv-00446-SHS. (kl)
April 11, 2017 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Stephanie Ann Teplin on behalf of AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Teplin, Stephanie)
April 11, 2017 Opinion or Order Filing 6 NOTICE OF APPEARANCE by William Robert Fair on behalf of AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Fair, William)
April 11, 2017 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to US Bank National Association, re: #1 Complaint. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. (Tomlinson, Peter)
April 11, 2017 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ambac Financial Group, Inc. for AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation. Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation.(Tomlinson, Peter)
April 11, 2017 Opinion or Order Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-cv-0446 (SHS). Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation.(Tomlinson, Peter)
April 11, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Tomlinson, Peter)
April 11, 2017 Opinion or Order Filing 1 COMPLAINT against US Bank National Association. (Filing Fee $ 400.00, Receipt Number 0208-13531818)Document filed by AMBAC Assurance Corporation, Segregated Account of Ambac Assurance Corporation.(Tomlinson, Peter)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Ambac Assurance Corporation v. US Bank National Association
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: AMBAC Assurance Corporation
Represented By: Henry J. Ricardo
Represented By: Stephanie Ann Teplin
Represented By: William Robert Fair
Represented By: Peter W. Tomlinson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Segregated Account of Ambac Assurance Corporation
Represented By: Stephanie Ann Teplin
Represented By: William Robert Fair
Represented By: Peter W. Tomlinson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: US Bank National Association
Represented By: David F. Adler
Represented By: Albert J. Rota
Represented By: Alexander Daniel Newman
Represented By: Amanda Rose Parker
Represented By: Andrew Steven Kleinfeld
Represented By: Carly Kessler Rothman
Represented By: Emmett E. Robinson
Represented By: Erik Doughty
Represented By: Jenna LaPointe
Represented By: Joseph Cassalia Barry
Represented By: Joseph Zachary Czerwien
Represented By: Keith Kollmeyer
Represented By: Louis A. Chaiten
Represented By: Michael Collyard
Represented By: Michael T. Marcucci
Represented By: Shimshon Balanson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: The Bank of New York Mellon
Represented By: Christopher James Houpt
Represented By: Jarman Douglas Russell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Bank of America, N.A.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?