The City of Philadelphia v. Bank of America Corporation et al
| The City of Philadelphia, City of Philadelphia and San Diego Association of Governments |
| Citigroup Global Markets Inc., Wachovia Bank, N.A., Wells Fargo Bank, N.A., RBC Capital Markets LLC, JPMorgan Chase Bank N.A., Wells Fargo Securities LLC, Barclays Capital Inc., The Royal Bank of Canada, Bank of America Corporation, Wells Fargo Funds Management, LLC, JPMorgan Chase & Co., The Goldman Sachs Group, Inc., Wells Fargo & Co., Citibank N.A., Goldman Sachs & Co. LLC, Merrill Lynch, JPMorgan Securities LLC, Pierce, Fenner & Smith Incorporated, Banc of America Securities LLC, Citigroup, Inc., Barclays Bank PLC, Bank of America, N.A., Citigroup Global Markets Limited, J.P. Morgan Securities LLC, Royal Bank of Canada, Goldman Sachs Group, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated |
| Fifth Third Securities, Inc., BMO Financial Corp., BMO Financial Group, BMO Capital Markets Gkst Inc., Fifth Third Bank, Morgan Stanley, Morgan Stanley Capital Group Inc., Morgan Stanley & Co. LLC, BMO Capital Markets Corp, JPMorgan Chase, N.A., Fifth Third Bancorp and Morgan Stanley Smith Barney LLC |
| Mayor and City Council of Baltimore |
| UNITED STATES OF AMERICA |
| 1:2019cv01608 |
| February 20, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade) |
| Both |
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Filing 466
ORDER APPROVING FORM AND MANNER OF CLASS NOTICE NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The Court approves the form and contents of the Short-Form and Long-Form Notices (collectively, the "Notices") attached as exhibits to the Intrepido-Bowden Declaration submitted in support of Plaintiffs' October 5, 2023 Letter. The Notices shall be amended prior to dissemination to update the placeholders (identified by brackets) currently in the Notices. Class Members who wish to be excluded from the Class must send a letter to JND requesting exclusion from the Class in City of Philadelphia et al. v. Bank of America Corporation et al., Case No. 19-cv-1608, with their name, address, telephone number, email address, signature, and VRDO(s) CUSIP number. The exclusion request must be postmarked no later than sixty (60) days after the Notice Date. No later than 90 days after the Notice Date, class counsel shall file a list of Class Members that requested exclusion with the Court. This Order may be modified by the Court upon motion by either or both parties, for good cause shown. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 10/12/2023) (jca)
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Filing 465
MEMO ENDORSEMENT on re: #464 Letter filed by Bank of America Corporation, ENDORSEMENT The parties' proposed schedule is ADOPTED. Unless and until the Court orders otherwise, the parties shall appear for a status conference on July 11, 2024, at 9:00 am. The parties shall submit a joint letter, the contents of which are described in the Case Management Plan, ECF No. 279, by the Thursday prior to the conference. The parties should also indicate in the joint letter whether they can do without the conference altogether. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Deposition due by 8/27/2024., Fact Discovery due by 12/20/2023., Motions due by 10/25/2024., Responses due by 1/10/2025, Replies due by 2/24/2025., Telephone Conference set for 7/11/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/11/2023) (jca)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #462 Proposed Order was reviewed and approved as to form. (km)
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Filing 464
LETTER addressed to Judge Jesse M. Furman from Noah Levine dated October 5, 2023 re: Proposed Case Schedule. Document filed by Bank of America Corporation..(Levine, Noah)
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Filing 463
JOINT LETTER MOTION to Seal addressed to Judge Jesse M. Furman from David Wollmuth, Daniel L. Brockett, William Christopher Carmody, Robert D. Wick, Michael P. Conway, Noah Levine, Boris Bershteyn, Susanna M. Buergel, Robert Y. Sperling, Sergei Zaslavsky, and Adam S. Hakki dated October 5, 2023. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 462
PROPOSED ORDER. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. Related Document Number: #459 ..(Carmody, William) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 461
DECLARATION of Gina M. Intrepido-Bowden re: #459 Letter, to Approve Form and Manner of Class Notice. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A - Gina Intrepido-Bowden CV, #2 Exhibit B - Short Form Notice, #3 Exhibit C - Email Notice, #4 Exhibit D - Postcard Notice, #5 Exhibit E - Digital Ads, #6 Exhibit F- Publication Notice, #7 Exhibit G - Information Press Release, #8 Exhibit H - Long Form Notice).(Carmody, William)
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Filing 460
DECLARATION of Katherine M. Peaslee re: #459 Letter, Plaintiffs' Letter to Approve the Form and Manner of Class Notice.. Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Carmody, William)
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Filing 459
LETTER addressed to Judge Jesse M. Furman from Class Plaintiffs dated 10/05/2023 re: Plaintiffs' Letter to Approve Form and Manner of Class Notice. Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Carmody, William)
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Filing 458
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Mitsubishi UFJ Financial Group, Inc., 7-1 Marunouchi 2-chome, Chiyoda-ku, Tokyo 100-8330 for Morgan Stanley; Corporate Parent Morgan Stanley Domestic Holdings, LLC, Other Affiliate Morgan Stanley Capital Management, LLC, Other Affiliate Morgan Stanley for Morgan Stanley Capital Group Inc.; Other Affiliate Morgan Stanley Capital Management, LLC, Other Affiliate Morgan Stanley for Morgan Stanley & Co. LLC, Morgan Stanley Smith Barney LLC. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC..(Hakki, Adam)
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Filing 457
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC, Corporate Parent BARCLAYS BANK PLC, Corporate Parent Barclays Group US Inc., Corporate Parent Barclays US LLC, Corporate Parent Barclays US Holdings Limited for Barclays Capital Inc.; Corporate Parent Barclays PLC for Barclays Bank PLC. Document filed by Barclays Bank PLC, Barclays Capital Inc...(Flath, Lara)
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Filing 456
OPINION AND ORDER re: #386 MOTION to Preclude Expert Testimony. filed by Barclays Capital Inc., Bank of America Corporation, Wells Fargo Bank, N.A., Morgan Stanley Smith Barney LLC, Royal Bank of Canada, Wells Fargo Funds Management, LLC, RBC Capital Markets LLC, Wells Fargo Securities LLC, Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Bank PLC, Morgan Stanley, Citigroup Global Markets Limited, JPMorgan Chase Bank N.A., Citigroup Global Markets Inc., J.P. Morgan Securities LLC, Banc of America Securities LLC, Goldman Sachs & Co. LLC, Wachovia Bank, N.A., Morgan Stanley Capital Group Inc., Citibank N.A., Bank of America, N.A., Citigroup, Inc., #362 MOTION to Certify Class and. MOTION to Appoint Counsel . filed by City of Philadelphia, Mayor and City Council of Baltimore. For the foregoing reasons, Plaintiffs' motion for class certification is GRANTED and Defendants' motion to preclude Dr. Schwert and Dr. Abrantes-Metz is DENIED. No later than two weeks from the date of this Opinion and Order, Plaintiffs shall file a proposed order consistent with this Opinion and Order and prescribing procedures by which class members will be provided notice and an opportunity to opt out of the class. By the same date, Plaintiffs shall file a letter brief addressing why their proposals for notice and opting out are consistent with the requirements of Rule 23 and due process One housekeeping matter remains. In several prior Orders, the Court granted the parties permission to file documents temporarily under seal. See ECF No. 372, 401, 434, 446. Both parties filed documents under seal in connection with their respective motions. See, e.g., ECF Nos. 363-64, 366, 370-71, 387-91, 393-96, 398, 404, 411-14, 423-25, 429-30, 433, 435, 443-44. It is well established that filings that are "relevant to the performance of the judicial function and useful in the judicial process are considered judicial documents" to which a presumption in favor of public access attaches. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). Significantly, assessment of whether the presumption in favor of public access is overcome must be made on a document-by-document basis. See, e.g., Brown v. Maxwell, 929 F.3d 41, 48 (2d Cir. 2019). And the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome that presumption. See, e.g., United States v. Wells Fargo Bank N.A., No. 12-CV-7527 (JMF), 2015 WL 3999074, at *4 (S.D.N.Y. June 30, 2015) (citing cases). In light of this Opinion and Order, and to facilitate the Court's review of the parties' requests, the parties shall, no later than two weeks from the date of this Opinion and Order, submit a joint letter with a single chart listing each and every document that any party (or third party) believes should remain under seal or in redacted form with a hyperlinked reference to the docket number of the document; the party (or third party) who seeks to keep the document under seal; a succinct (i.e., two- or three-word) justification for the request; and a hyperlinked reference to any prior letter-motion that addresses the document. For the sake of completeness, the parties should include in this chart any document that the Court has already determined should be kept under seal permanently and include a hyperlinked reference to the Court's prior ruling in the chart. To the extent that the parties (and, as relevant, third parties) agree that a document previously filed under seal or in redacted form can or should be filed publicly, the parties should include that in the letter, with a hyperlinked reference to the relevant document. The Clerk of Court is directed to terminate ECF Nos. 362 and 386. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/21/23) (yv)
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Filing 455
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 8/1/2023 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...Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF, 1:21-cv-04893-JMF.(McGuirk, Kelly)
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Filing 454
TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 8/1/2023 before Judge Jesse M. Furman. 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 9/1/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/9/2023.Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF, 1:21-cv-04893-JMF.(McGuirk, Kelly)
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Filing 453
LETTER addressed to Judge Jesse M. Furman from Robert D. Wick dated August 2, 2023 re: defendants' oral argument slides on the pending class certification and Daubert motions. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit - Oral Argument Slides (Part 1), #2 Exhibit - Oral Argument Slides (Part 2)).(Wick, Robert)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Oral Argument held on 8/1/2023 re: #386 MOTION to Preclude Expert Testimony and #362 MOTION to Certify Class. Steig Olson, David Leray, Elizabeth Aronson, and Nicolas Siebert present for Plaintiff. Cealagh Fitzpatrick, Jayant Tambe, Brandon Gould, and Robert Wick present for Defendants. Court reporter present. -- See transcript. (ab)
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Filing 452
ORDER: The parties have asked the Court to authorize dozens of lawyers to bring electronic devices into the courthouse for tomorrow's oral argument. The Court, however, will grant such authorization to only five lawyers per side. Each lawyer may bring only one laptop and one cell phone (along with the appropriate charging cables). The parties should revise their requests accordingly and re-submit them as soon as possible for the Court to so order. (Signed by Judge Jesse M. Furman on 7/31/2023) (ab)
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Filing 451
MEMO ENDORSEMENT: on re: #450 Letter filed by JPMorgan Chase Bank N.A., J.P. Morgan Securities LLC. ENDORSEMENT: Oral argument in this matter is hereby ADJOURNED to August 1, 2023, at 2:15 p.m. In all other respects, the Court's Order dated June 26, 2023, ECF No. 447, remains in effect. SO ORDERED., ( Oral Argument set for 8/1/2023 at 02:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/28/2023) (ama)
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Filing 450
LETTER addressed to Judge Jesse M. Furman from All Counsel dated June 28, 2023 re: Oral Argument on Pending Class Certification and Daubert Motions. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 449
MEMO ENDORSEMENT on re: #448 Letter filed by JPMorgan Chase Bank N.A., J.P. Morgan Securities LLC. ENDORSEMENT: Unfortunately, the Court is unavailable on July 17, 2023. Counsel shall confer and advise if any dates between July 18 and July 26, or July 31 and August 4, 2023, would work for all parties. (Signed by Judge Jesse M. Furman on 6/28/2023) (ate)
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Filing 448
LETTER addressed to Judge Jesse M. Furman from All Counsel dated June 27, 2023 re: Oral Argument on Pending Class Certification and Daubert Motions. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 447
ORDER: IT IS HEREBY ORDERED that oral argument in this matter, previously scheduled for July 6, 2023, is ADJOURNED to July 20, 2023, at 10:15 a.m. Oral argument will still be held in person in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. If any party has an unmovable conflict with the new date and time, the parties should immediately confer and file a joint letter to that effect, proposing other dates and times during the weeks of July 17th and July 24th that would work for all parties. Each side should anticipate being allotted a cumulative total of approximately sixty minutes. The Court approves the parties' request to address the class certification and Daubert motions in "integrated" fashion. See ECF No. 445. That said, the parties should not necessarily plan on uninterrupted "presentations," id., as there is likely to be back and forth at the Court's direction and the Court is likely to interrupt with questions. To assist the parties in preparing, the Court may issue an additional Order next week identifying issues and questions that the parties should be prepared to address during the oral argument. SO ORDERED., ( Oral Argument set for 7/20/2023 at 10:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/26/2023) (ama)
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Filing 446
ORDER granting #440 Letter Motion to Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motions. The Clerk of Court is directed to terminate ECF No. 440. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/22/2023) (jca)
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Filing 445
LETTER addressed to Judge Jesse M. Furman from All Counsel dated June 16, 2023 re: Court's Order at ECF No. #439 . Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Brockett, Daniel)
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Filing 444
***SELECTED PARTIES***DECLARATION of Brandon Gould re: #443 Reply Memorandum of Law in Support of Motion,,, . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., City of Philadelphia, Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 24 - Hubbard Reply (SEALED))Motion or Order to File Under Seal: #440 .(Levine, Noah)
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Filing 443
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., City of Philadelphia, Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #440 .(Levine, Noah)
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Filing 442
DECLARATION of Brandon Gould re: #441 Reply Memorandum of Law in Support of Motion, . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit 24 - Hubbard Reply (REDACTED), #2 Exhibit 25 - Transcript of William Schwert, Ph.D. Deposition, #3 Exhibit 26 - Transcript of Rosa Abrantes-Metz, Ph.D. Deposition).(Levine, Noah)
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Filing 441
REPLY MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. (REDACTED). Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Levine, Noah)
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Filing 440
LETTER MOTION to Seal Reply Memorandum of Law addressed to Judge Jesse M. Furman from Noah Levine dated June 16, 2023. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit 1 - Index of Materials to be Filed in Redacted Form).(Levine, Noah)
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Filing 439
MEMO ENDORSEMENT: on re: #438 Letter filed by JPMorgan Chase Bank N.A., J.P. Morgan Securities LLC. ENDORSEMENT: The Court anticipates providing more guidance to the parties in the coming weeks. In the meantime, the parties are welcome to submit a joint letter by June 16, 2023, not to exceed three pages, outlining their views on the below topics. The parties are also reminded that, per Paragraph 3.F of the Court's Individual Rules and Practices in Civil Cases, junior attorneys are encouraged to participate in the oral argument. If there is a particular way to structure the argument that would be conducive to junior attorneys participating, the parties should discuss it in their joint letter. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/09/2023) (ama)
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Filing 438
LETTER addressed to Judge Jesse M. Furman from All Counsel dated June 8, 2023 re: Oral Argument on Pending Class Certification and Daubert Motions. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 437
ORDER: The Court will hold oral argument with respect to Plaintiffs' class certification motion and Defendants' Daubert motion on July 6, 2023, at 10:00 a.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. ( Oral Argument set for 7/6/2023 at 10:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/6/2023) (vfr)
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Filing 436
LETTER addressed to Judge Jesse M. Furman from Robert D. Wick dated June 1, 2023 re: Request for Oral Argument. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 435
***SELECTED PARTIES***DECLARATION of Randall R. Rainer in Opposition re: #386 MOTION to Preclude Expert Testimony.. Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5)Motion or Order to File Under Seal: #358 .(Rainer, Randall)
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Filing 434
ORDER: granting #426 Letter Motion to Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motions. The Clerk of Court is directed to terminate ECF No. 426. (Signed by Judge Jesse M. Furman on 5/19/2023) (ama)
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Filing 433
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #386 MOTION to Preclude Expert Testimony. . Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #358 .(Wollmuth, David)
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Filing 432
DECLARATION of Randall R. Rainer in Opposition re: #386 MOTION to Preclude Expert Testimony.. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Redacted, #4 Exhibit 4, #5 Exhibit 5 - Redacted).(Rainer, Randall)
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Filing 431
MEMORANDUM OF LAW in Opposition re: #386 MOTION to Preclude Expert Testimony. (REDACTED). Document filed by Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 430
***SELECTED PARTIES***DECLARATION of Elizabeth Aronson in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 77, #2 Exhibit 77 (corrected), #3 Exhibit 78, #4 Exhibit 79, #5 Exhibit 80, #6 Exhibit 82, #7 Exhibit 90)Motion or Order to File Under Seal: #358 .(Wollmuth, David)
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Filing 429
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . . Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #358 .(Wollmuth, David)
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Filing 428
DECLARATION of Elizabeth Aronson in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. (Attachments: #1 Exhibit 77 - Redacted, #2 Exhibit 77 (corrected) - Redacted, #3 Exhibit 78 - Redacted, #4 Exhibit 79 - Redacted, #5 Exhibit 80 - Redacted, #6 Exhibit 81, #7 Exhibit 82 - Redacted, #8 Exhibit 83, #9 Exhibit 84, #10 Exhibit 85 - Filed Under Seal, #11 Exhibit 86, #12 Exhibit 87 - Filed Under Seal, #13 Exhibit 88 - Filed Under Seal, #14 Exhibit 89, #15 Exhibit 90 - Redacted, #16 Exhibit 91, #17 Exhibit 92, #18 Exhibit 93, #19 Exhibit 94, #20 Exhibit 95, #21 Exhibit 96).(Wollmuth, David)
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Filing 427
REPLY MEMORANDUM OF LAW in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . (REDACTED). Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 426
LETTER MOTION to Seal and Redact Certain Documents addressed to Judge Jesse M. Furman from David Wollmuth, Daniel L. Brockett, and William Christopher Carmody dated May 19, 2023. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 425
***SELECTED PARTIES***DECLARATION of Brandon R. Gould in Support re: #386 MOTION to Preclude Expert Testimony.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., City of Philadelphia, Goldman Sachs & Co. LLC, Mayor and City Council of Baltimore, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 24, #2 Exhibit 25, #3 Exhibit 26)Motion or Order to File Under Seal: #358 .(Gould, Brandon)
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Filing 424
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. . Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. Motion or Order to File Under Seal: #358 .(Wick, Robert)
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Filing 423
***SELECTED PARTIES*** LETTER addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, and William Christopher Carmody dated May 3, 2023 re: Corrected Exhibit 77. Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, City of Philadelphia, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, San Diego Association of Governments, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Banc of America Securities LLC, Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 77 (Corrected) to the Declaration of Elizabeth Aronson at ECF No. 412-1, #2 Exhibit 77 (Redline Version) to the Declaration of Elizabeth Aronson at ECF No. 412-1)Motion or Order to File Under Seal: #358 .(Brockett, Daniel)
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Filing 422
ORDER granting #419 Motion to Withdraw as Attorney. Upon the motion of Jason Y. Kelly for leave to withdraw from this action as counsel for Plaintiff The Board of Directors of the San Diego Association of Governments, acting as the San Diego County Regional Transportation Commission and to remove Jason Y. Kelly from Case Management/Electronic Case Files (CM/ECF) service list for this action. IT IS HEREBY ORDERED: 1. The Motion is granted. The Clerk of Court is directed to terminate ECF No. 419. SO ORDERED. Attorney Jason Yuegin Kelly terminated. (Signed by Judge Jesse M. Furman on 5/3/2023) (vfr)
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Filing 421
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by San Diego Association of Governments. Related Document Number: #419 ..(Kelly, Jason)
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Filing 420
DECLARATION of Jason Y. Kelly in Support re: #419 MOTION for Jason Y. Kelly to Withdraw as Attorney .. Document filed by San Diego Association of Governments..(Kelly, Jason)
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Filing 419
MOTION for Jason Y. Kelly to Withdraw as Attorney . Document filed by San Diego Association of Governments..(Kelly, Jason)
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Filing 418
ORDER granting #415 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED: 1. The Motion is granted. The Clerk of Court is directed to terminate ECF No. 415 and to terminate Ryan Keech as counsel for Plaintiff. SO ORDERED. Attorney Ryan Q Keech terminated. (Signed by Judge Jesse M. Furman on 4/24/2023) (vfr)
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Filing 417
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by San Diego Association of Governments. Related Document Number: [415/115]..(Keech, Ryan)
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Filing 416
DECLARATION of Ryan Q. Keech in Support re: (115 in 1:21-cv-04893-JMF, 415 in 1:19-cv-01608-JMF) MOTION for Ryan Q. Keech to Withdraw as Attorney .. Document filed by San Diego Association of Governments. Filed In Associated Cases: 1:19-cv-01608-JMF, 1:21-cv-04893-JMF.(Keech, Ryan)
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Filing 415
MOTION for Ryan Q. Keech to Withdraw as Attorney . Document filed by San Diego Association of Governments.Filed In Associated Cases: 1:19-cv-01608-JMF, 1:21-cv-04893-JMF.(Keech, Ryan)
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Filing 414
***SELECTED PARTIES***DECLARATION of Randall R. Rainer in Opposition re: #386 MOTION to Preclude Expert Testimony.. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #358 .(Rainer, Randall)
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Filing 413
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #386 MOTION to Preclude Expert Testimony. . Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #358 .(Wollmuth, David)
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Filing 412
***SELECTED PARTIES***DECLARATION of Elizabeth Aronson in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 77, #2 Exhibit 78, #3 Exhibit 79, #4 Exhibit 80, #5 Exhibit 81, #6 Exhibit 82, #7 Exhibit 83, #8 Exhibit 84, #9 Exhibit 85, #10 Exhibit 86, #11 Exhibit 87, #12 Exhibit 88, #13 Exhibit 89, #14 Exhibit 90, #15 Exhibit 91, #16 Exhibit 92, #17 Exhibit 93, #18 Exhibit 94, #19 Exhibit 95, #20 Exhibit 96)Motion or Order to File Under Seal: #358 .(Carmody, William)
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Filing 411
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . . Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #358 .(Carmody, William)
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Filing 410
ORDER granting #409 Letter Motion for Extension of Time to File Response/Reply re #409 LETTER MOTION for Extension of Time to File Response/Reply to Class Certification & Daubert addressed to Judge Jesse M. Furman from David Wollmuth, Daniel Brockett, and William Carmody dated March 29, 2023. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 409. SO ORDERED. Replies due by 4/14/2023. (Signed by Judge Jesse M. Furman on 3/29/2023) (ate)
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Filing 409
LETTER MOTION for Extension of Time to File Response/Reply to Class Certification & Daubert addressed to Judge Jesse M. Furman from David Wollmuth, Daniel Brockett, and William Carmody dated March 29, 2023. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Brockett, Daniel)
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Filing 408
NOTICE OF APPEARANCE by Jonathan Sebastian Becker on behalf of City of Philadelphia..(Becker, Jonathan)
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Filing 407
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #405 Motion to Withdraw as Attorney. The motion of Arun Subramanian to withdraw as counsel for Plaintiff Mayor and City Council of Baltimore in the above-captioned action is GRANTED. Arun Subramanian is hereby ordered to be removed from the CM/ECF service list for this action. The Clerk of Court is directed to terminate ECF No. 405. SO ORDERED. Attorney Arun Srinivas Subramanian terminated. (Signed by Judge Jesse M. Furman on 3/22/2023) (tg)
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Filing 406
REDACTION to #398 Declaration in Opposition to Motion,,,,,,,,,,,, Corrected Exhibit 2 to the Declaration of Brandon Gould, Filed Pursuant to the Orders at ECF Dkt. Nos. 401 and 403 by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A..(Gould, Brandon)
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Filing 405
MOTION for Arun Subramanian to Withdraw as Attorney . Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Affidavit Declaration in Support of Motion to Withdraw as Counsel, #2 Text of Proposed Order Granting Motion to Withdraw as Counsel)Filed In Associated Cases: 1:19-cv-01608-JMF, 1:21-cv-04893-JMF.(Subramanian, Arun)
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Filing 404
***SELECTED PARTIES*** LETTER addressed to Judge Jesse M. Furman from Brandon R. Gould dated March 22, 2023 re: Corrected Exhibit 2 to the Declaration of Brandon Gould at ECF Dkt. No. 391-2. Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, City of Philadelphia, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, San Diego Association of Governments, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Mayor and City Council of Baltimore, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Banc of America Securities LLC, Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit 2 (Corrected) to the Declaration of Brandon Gould at ECF Dkt. No. 391-2, #2 Exhibit 2 (Redline Version) to the Declaration of Brandon Gould at ECF Dkt. No. 391-2)Motion or Order to File Under Seal: #403 .(Gould, Brandon)
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Filing 403
ORDER granting #402 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 402. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/21/23) (yv) Modified on 3/22/2023 (yv).
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Filing 402
LETTER MOTION to Seal Exhibit 2 to the Declaration of Brandon Gould (ECF 398-2) addressed to Judge Jesse M. Furman from Brandon R. Gould dated March 20, 2023. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Gould, Brandon)
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Filing 401
ORDER temporarily granting #392 Letter Motion to Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 392. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/17/23) (yv)
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Filing 400
DECLARATION of Conrad Scott in Support re: #386 MOTION to Preclude Expert Testimony.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Redacted), #8 Exhibit 8 (Redacted), #9 Exhibit 9, #10 Exhibit 10 (Redacted), #11 Exhibit 11 (Redacted), #12 Exhibit 12 (Filed Under Seal), #13 Exhibit 13, #14 Exhibit 14 (Redacted), #15 Exhibit 15 (Redacted), #16 Exhibit 16 (Redacted), #17 Exhibit 17, #18 Exhibit 18 (Redacted), #19 Exhibit 19 (Redacted), #20 Exhibit 20 (Redacted), #21 Exhibit 21, #22 Exhibit 22 (Redacted), #23 Exhibit 23 (Redacted)).(Scott, S. Conrad)
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Filing 399
MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. (Redacted). Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Wick, Robert)
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Filing 398
DECLARATION of Brandon Gould in Opposition re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Errata 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted), #8 Exhibit 8 (Redacted), #9 Exhibit 9 (Redacted), #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 (Redacted), #13 Exhibit 13 (Redacted), #14 Exhibit 14, #15 Exhibit 15 (Filed Under Seal), #16 Exhibit 16, #17 Exhibit 17 (Redacted), #18 Exhibit 18 (Redacted), #19 Exhibit 19 (Redacted), #20 Exhibit 20 (Redacted), #21 Exhibit 21 (Redacted), #22 Exhibit 22 (Redacted), #23 Exhibit 23 (Redacted), #24 Exhibit 24 (Redacted), #25 Exhibit 25 (Redacted), #26 Exhibit 26 (Redacted), #27 Exhibit 27 (Redacted), #28 Exhibit 28, #29 Exhibit 29 (Redacted), #30 Exhibit 30 (Redacted), #31 Exhibit 31 (Redacted), #32 Exhibit 32 (Redacted), #33 Exhibit 33 (Redacted), #34 Exhibit 34, #35 Exhibit 35 (Redacted), #36 Exhibit 36 (Redacted), #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40 (Redacted), #41 Exhibit 41 (Redacted), #42 Exhibit 42 (Redacted), #43 Exhibit 43, #44 Exhibit 44 (Filed Under Seal), #45 Exhibit 45 (Filed Under Seal), #46 Exhibit 46 (Filed Under Seal), #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50 (Filed Under Seal), #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57 (Filed Under Seal), #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64 (Filed Under Seal), #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67(Filed Under Seal), #67 Exhibit 68 (Filed Under Seal), #68 Exhibit 69 (Filed Under Seal), #69 Exhibit 70 (Filed Under Seal), #70 Exhibit 71, #71 Exhibit 72 (Filed Under Seal), #72 Exhibit 74, #73 Exhibit 75, #74 Exhibit 76, #75 Exhibit 77, #76 Exhibit 78, #77 Exhibit 79 (Redacted), #78 Exhibit 80 (Redacted), #79 Exhibit 81 (Filed Under Seal), #80 Exhibit 82, #81 Exhibit 83, #82 Exhibit 84, #83 Exhibit 85 (Redacted), #84 Exhibit 86 (Redacted), #85 Exhibit 87 (Redacted), #86 Exhibit 88 (Redacted), #87 Exhibit 89 (Redacted), #88 Exhibit 90 (Filed Under Seal)).(Gould, Brandon)
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Filing 397
MEMORANDUM OF LAW in Opposition re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . (Redacted). Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Wick, Robert)
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Filing 396
***SELECTED PARTIES***DECLARATION of Conrad Scott in Support re: #386 MOTION to Preclude Expert Testimony.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., City of Philadelphia, Goldman Sachs & Co. LLC, Mayor and City Council of Baltimore, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)Motion or Order to File Under Seal: #358 .(Scott, S. Conrad)
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Filing 395
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. . Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. Motion or Order to File Under Seal: #358 .(Wick, Robert)
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Filing 394
***SELECTED PARTIES***DECLARATION of Brandon Gould in Opposition re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., City of Philadelphia, Goldman Sachs & Co. LLC, Mayor and City Council of Baltimore, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64, #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 74, #73 Exhibit 75, #74 Exhibit 76, #75 Exhibit 77, #76 Exhibit 78, #77 Exhibit 79, #78 Exhibit 80, #79 Exhibit 81, #80 Exhibit 82, #81 Exhibit 83, #82 Exhibit 84, #83 Exhibit 85, #84 Exhibit 86, #85 Exhibit 87, #86 Exhibit 88, #87 Exhibit 89, #88 Exhibit 90)Motion or Order to File Under Seal: #358 .(Gould, Brandon)
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Filing 393
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . . Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. Motion or Order to File Under Seal: #358 .(Wick, Robert)
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Filing 392
LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Counsel for Defendants dated March 16, 2023. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1).(Wick, Robert)
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Filing 391
***SELECTED PARTIES***DECLARATION of Brandon Gould in Opposition re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64, #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 74, #73 Exhibit 75, #74 Exhibit 76, #75 Exhibit 77, #76 Exhibit 78, #77 Exhibit 79, #78 Exhibit 80, #79 Exhibit 81, #80 Exhibit 82, #81 Exhibit 83, #82 Exhibit 84, #83 Exhibit 85, #84 Exhibit 86, #85 Exhibit 87, #86 Exhibit 88, #87 Exhibit 89, #88 Exhibit 90)Motion or Order to File Under Seal: #358 .(Gould, Brandon)
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Filing 390
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . . Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. Motion or Order to File Under Seal: #358 .(Wick, Robert)
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Filing 389
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. Corrected Memorandum of Law in Support of Defendants' Motion to Exclude Expert Testimony. Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. Motion or Order to File Under Seal: #358 .(Wick, Robert)
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Filing 388
***SELECTED PARTIES***DECLARATION of S. Conrad Scott in Support re: #386 MOTION to Preclude Expert Testimony.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., City of Philadelphia, Goldman Sachs & Co. LLC, Mayor and City Council of Baltimore, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)Motion or Order to File Under Seal: #358 .(Scott, S. Conrad)
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Filing 387
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #386 MOTION to Preclude Expert Testimony. . Document filed by Wells Fargo Bank, N.A., Barclays Bank PLC, J.P. Morgan Securities LLC, Bank of America Corporation, Royal Bank of Canada, JPMorgan Chase Bank N.A., Morgan Stanley, Goldman Sachs & Co. LLC, Wells Fargo Securities LLC, Citibank N.A., Citigroup Global Markets Inc., Wachovia Bank, N.A., Morgan Stanley & Co. LLC, Wells Fargo Funds Management, LLC, Morgan Stanley Capital Group Inc., Bank of America, N.A., Citigroup, Inc., Citigroup Global Markets Limited, Barclays Capital Inc., Morgan Stanley Smith Barney LLC, Banc of America Securities LLC, RBC Capital Markets LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. Motion or Order to File Under Seal: #358 .(Wick, Robert)
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Filing 386
MOTION to Preclude Expert Testimony. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Wick, Robert)
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Filing 385
ORDER granting #384 Letter Motion for Leave to File Excess Pages. Application GRANTED. Defendants' brief in opposition to the motion for class certification is not to exceed 50 pages, and Plaintiffs' reply is not to exceed 25 pages. The Clerk of Court is directed to terminate ECF No. 384. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/23/2023) (tg)
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Filing 384
LETTER MOTION for Leave to File Excess Pages in Opposition to Plaintiffs' Motion for Class Certification addressed to Judge Jesse M. Furman from Robert Wick dated January 23, 2023. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 383
ORDER granting #380 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED: 1. The motion is granted. he Clerk of Court is directed to terminate ECF No. 380. SO ORDERED. (Attorney George Eric Mastoris terminated.) (Signed by Judge Jesse M. Furman on 1/17/23) (yv)
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Filing 382
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Goldman Sachs & Co. LLC. Related Document Number: #380 ..(Mastoris, George)
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Filing 381
DECLARATION of George E. Mastoris in Support re: #380 MOTION for George E. Mastoris to Withdraw as Attorney .. Document filed by Goldman Sachs & Co. LLC..(Mastoris, George)
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Filing 380
MOTION for George E. Mastoris to Withdraw as Attorney . Document filed by Goldman Sachs & Co. LLC..(Mastoris, George)
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Filing 379
MEMO ENDORSEMENT on ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF COUNSEL: granting #378 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Charlotte Davenport Stewart terminated. (Signed by Judge Jesse M. Furman on 12/21/2022) (ama)
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Filing 378
MOTION for Charlotte Stewart to Withdraw as Attorney . Document filed by City of Philadelphia. (Attachments: #1 Affidavit Declaration in Support of Motion for Leave to Withdraw Appearance of Counsel, #2 Text of Proposed Order [Proposed] Order Granting Motion for Leave to Withdraw Appearance of Counsel).(Rainer, Randall)
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Filing 377
NOTICE OF APPEARANCE by William Baly Michael on behalf of Goldman Sachs & Co. LLC..(Michael, William)
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Filing 376
NOTICE OF APPEARANCE by Paul David Brachman on behalf of Goldman Sachs & Co. LLC..(Brachman, Paul)
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Filing 375
NOTICE OF CHANGE OF ADDRESS by Robert Y Sperling on behalf of Goldman Sachs & Co. LLC. New Address: Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, NY, USA 10019, 212-373-3000..(Sperling, Robert)
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Filing 374
MEMO ENDORSED ORDER FOR WITHDRAWAL OF COUNSEL granting #373 Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to terminate Docket No. 373. IT IS SO ORDERED: (Attorney Joseph Nicholas Kiefer terminated.) (Signed by Judge Jesse M. Furman on 12/7/22) (yv)
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Filing 373
MOTION for Joseph N. Kiefer to Withdraw as Attorney . Document filed by San Diego Association of Governments..(Landau, Christopher)
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Filing 372
ORDER: granting #367 Letter Motion to Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. The Clerk of Court is directedto terminate ECF No. 367. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/05/2022) (ama)
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Filing 371
***SELECTED PARTIES***DECLARATION of Elizabeth Aronson in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 6, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 14, #10 Exhibit 24, #11 Exhibit 26, #12 Exhibit 41, #13 Exhibit 51)Motion or Order to File Under Seal: #358 .(Wollmuth, David)
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Filing 370
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . . Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #358 .(Wollmuth, David)
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Filing 369
DECLARATION of Elizabeth Aronson (REDACTED) in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4, #5 Exhibit 5, Part 1, #6 Exhibit 5, Part 2, #7 Exhibit 5, Part 3, #8 Exhibit 5, Part 4, #9 Exhibit 6 - Redacted, #10 Exhibit 7 - Filed Under Seal, #11 Exhibit 8 - Redacted, #12 Exhibit 9 - Redacted, #13 Exhibit 10 - Redacted, #14 Exhibit 11 - Redacted, #15 Exhibit 12 - Redacted, #16 Exhibit 13 - Filed Under Seal, #17 Exhibit 14 - Redacted, #18 Exhibit 15, #19 Exhibit 16 - Filed Under Seal, #20 Exhibit 17 - Filed Under Seal, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23 - Filed Under Seal, #27 Exhibit 24 - Redacted, #28 Exhibit 25, #29 Exhibit 26 - Redacted, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33 - Filed Under Seal, #37 Exhibit 34 - Filed Under Seal, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41 - Redacted, #45 Exhibit 42 - Filed Under Seal, #46 Exhibit 43 - Filed Under Seal, #47 Exhibit 44 - Filed Under Seal, #48 Exhibit 45, #49 Exhibit 46 - Filed Under Seal, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51 - Redacted, #55 Exhibit 52, #56 Exhibit 53 - Filed Under Seal, #57 Exhibit 54 - Filed Under Seal, #58 Exhibit 55 - Filed Under Seal, #59 Exhibit 56 - Filed Under Seal, #60 Exhibit 57, #61 Exhibit 58, #62 Exhibit 59, #63 Exhibit 60, #64 Exhibit 61, #65 Exhibit 62, Part 1, #66 Exhibit 62, Part 2, #67 Exhibit 62, Part 3, #68 Exhibit 62, Part 4, #69 Exhibit 62, Part 5, #70 Exhibit 62, Part 6, #71 Exhibit 63, #72 Exhibit 64, #73 Exhibit 65, #74 Exhibit 66, Part 1, #75 Exhibit 66, Part 2, #76 Exhibit 67, #77 Exhibit 68, #78 Exhibit 69, #79 Exhibit 70, #80 Exhibit 71, #81 Exhibit 72, #82 Exhibit 73, #83 Exhibit 74, #84 Exhibit 75, #85 Exhibit 76).(Wollmuth, David)
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Filing 368
MEMORANDUM OF LAW in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . (REDACTED). Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 367
LETTER MOTION to Seal and Redact Certain Documents addressed to Judge Jesse M. Furman from David Wollmuth, Daniel L. Brockett, and, William Christopher Carmody dated 12/01/2022. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 366
***SELECTED PARTIES***NOTICE of Filing Corrected Exhibits re: #364 Declaration in Support of Motion,,,,,,,,,,. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, San Diego Association of Governments, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 8, #2 Exhibit 14, #3 Exhibit 24, #4 Exhibit 26, #5 Exhibit 33, #6 Exhibit 42, #7 Exhibit 43)Motion or Order to File Under Seal: #358 .(Carmody, William)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #365 Proposed Order was reviewed and approved as to form. (km)
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Filing 365
PROPOSED ORDER. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. Related Document Number: #362 ..(Carmody, William) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 364
***SELECTED PARTIES***DECLARATION of Elizabeth Aronson in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel .. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Part 1 of 4, #6 Exhibit 5 - Part 2 of 4, #7 Exhibit 5 - Part 3 of 4, #8 Exhibit 5 - Part 4 of 4, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Exhibit 45, #49 Exhibit 46, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53, #57 Exhibit 54, #58 Exhibit 55, #59 Exhibit 56, #60 Exhibit 57, #61 Exhibit 58, #62 Exhibit 59, #63 Exhibit 60, #64 Exhibit 61, #65 Exhibit 62 - Part 1 of 6, #66 Exhibit 62 - Part 2 of 6, #67 Exhibit 62 - Part 3 of 6, #68 Exhibit 62 - Part 4 of 6, #69 Exhibit 62 - Part 5 of 6, #70 Exhibit 62 - Part 6 of 6, #71 Exhibit 63, #72 Exhibit 64, #73 Exhibit 65, #74 Exhibit 66 - Part 1 of 2, #75 Exhibit 66 - Part 2 of 2, #76 Exhibit 67, #77 Exhibit 68, #78 Exhibit 69, #79 Exhibit 70, #80 Exhibit 71, #81 Exhibit 72, #82 Exhibit 73, #83 Exhibit 74, #84 Exhibit 75, #85 Exhibit 76)Motion or Order to File Under Seal: #358 .(Carmody, William)
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Filing 363
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #362 MOTION to Certify Class and. MOTION to Appoint Counsel . . Document filed by City of Philadelphia, Mayor and City Council of Baltimore, Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Motion or Order to File Under Seal: #358 .(Carmody, William)
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Filing 362
MOTION to Certify Class and., MOTION to Appoint Counsel . Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Carmody, William)
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Filing 361
MEMO ENDORSEMENT on re: #360 Letter filed by Bank of America Corporation, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America, N.A. ENDORSEMENT: Application GRANTED. The pretrial conference scheduled for November 3, 2022, is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/27/2022) (vfr)
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Filing 360
JOINT LETTER addressed to Judge Jesse M. Furman from Noah A. Levine dated October 27, 2022 re: Case Status. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Levine, Noah)
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Filing 359
ORDER: IT IS HEREBY ORDERED that the TIME of the conference in this matter, previously scheduled for November 3, 2022, at 4:15 p.m., is CHANGED to 9:15 a.m. on the same date. The parties are reminded that, per the Case Management Plan and Scheduling Order ("CMP"), ECF No. 279, counsel should submit their joint status letter on ECF no later than the Thursday prior to the upcoming pretrial conference. The letter should address, in addition to the issues set forth in the CMP, whether the parties can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for class certification motions, summary judgment motions, and/or a proposed joint pretrial order, as set forth in the CMP - remain in effect. If, after reviewing the parties' joint status letter, the Court concludes that a conference is unnecessary at this time, it will issue an order canceling or rescheduling it. If a conference is held, it will be by telephone. The parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. ( Telephone Conference set for 11/3/2022 at 9:15 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/24/2022) (vfr)
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Filing 358
STIPULATION AND ORDER REGARDING REDACTION AND SEALING PROCESS FOR CLASS CERTIFICATION BRIEFING: WHEREAS, on March 14, 2022, this Court entered the Parties' Joint Letter Motion Regarding Extension of Time for the Completion of Fact Discovery (Dkt. 279), which set forth the following deadlines for class certification: a. Plaintiffs shall file their motion for class certification and supporting expert reports no later than October 27, 2022; b. Defendants shall file their opposition to class certification and supporting expert reports no later than February 9, 2023; c. Plaintiffs shall file their reply in support of class certification no later than April 6, 2023. WHEREAS, because of the large volume of potential redactions and sealed exhibits likely to be involved in these filings, Plaintiffs and Defendants (collectively, the "Parties") believe a modification of the procedures set forth in Rule 7 of the Court's Individual Rules of Practice in Civil Cases ("Individual Rules") would be beneficial; NOW, THEREFORE, the Parties hereby stipulate and agree to the following proposed process for submitting proposed sealing and redactions for all class certification briefing to the Court, and jointly request that the Court order as follows: 1. The sending parties will file their papers under interim seal by the deadlines set forth above pursuant to the Court's March 14, 2022 Order (Dkt. 279), or as otherwise applicable; 2. The sending parties will serve unredacted papers on the receiving parties by the deadlines set forth above pursuant to the Court's March 14, 2022 Order (Dkt. 279); 3. The sending and receiving parties will then have the opportunity to redact the papers and exhibits, and the receiving parties will transmit the following items to the sending parties within four (4) weeks of the deadlines set forth above pursuant to the Court's March 14, 2022 Order (Dkt. 279): a. Redacted copies of all papers and exhibits; b. Highlighted copies of all papers and exhibits, with highlights corresponding to the redactions; and c. An insert for a motion to seal justifying their proposed redactions; 4. Within five (5) weeks of the deadlines set forth above pursuant to the Court's March 14, 2022 Order (Dkt. 279), the sending parties will then file a motion to seal, along with proposed redacted copies and highlighted copies, pursuant to the procedure outlined in Rule 7 of the Court's Individual Rules. The letter motion will include the redaction justifications of the sending and receiving parties. IT IS SO ORDERED. ( Motions due by 10/27/2022., Responses due by 2/9/2023, Replies due by 4/6/2023.) (Signed by Judge Jesse M. Furman on 10/24/2022) (ate)
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Filing 357
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia..(Brockett, Daniel)
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Filing 356
NOTICE OF APPEARANCE by David Leray on behalf of City of Philadelphia..(Leray, David)
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Filing 355
NOTICE OF APPEARANCE by Maxwell Paden Deabler-Meadows on behalf of City of Philadelphia..(Deabler-Meadows, Maxwell)
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Filing 354
NOTICE OF APPEARANCE by Nicolas Vernon Siebert on behalf of City of Philadelphia..(Siebert, Nicolas)
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Filing 353
NOTICE OF APPEARANCE by Avi Grunfeld on behalf of City of Philadelphia..(Grunfeld, Avi)
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Filing 352
STIPULATION AND ORDER REGARDING DISCOVERY RELATED TO TESTIFYING EXPERTS: Plaintiffs and Defendants (collectively, the "Parties"), through their undersigned counsel, hereby stipulate and agree to the following regarding expert discovery and testimony in this Action: This Stipulation and Order shall govern discovery related only to testifying experts in this Action whose identities are required to be disclosed pursuant to Fed. R. Civ. P. 26(a)(2)(A) and this Stipulation and Order (hereinafter "expert witness[es]"). Its terms do not and are not intended to apply to non-testifying, consulting experts, including any such individuals who are also fact witnesses. To the extent this Stipulation and Order limits discovery that would otherwise be available pursuant to the Federal Rules of Civil Procedure, the Parties agree to abide by the limits set forth in this Stipulation and Order. Nothing in this Stipulation and Order constitutes an admission or concession that any of the information exempted from discovery by this Stipulation and Order would otherwise be discoverable or admissible. Further, nothing in this Stipulation and Order requires discovery of any information that would otherwise be protected from discovery by the attorney client privilege, work product doctrine, or other applicable privileges or protections. Each Party shall make all disclosures required by Rule 26(a)(2)(A) and (B)(i), (iii), (iv), (v), and (vi) of the Federal Rules of Civil Procedure, as modified by this Stipulation and Order, at the times provided by any applicable rules and Court order(s) governing the disclosure of expert testimony in this Action. Within four (4) days of disclosing any expert testimony, including written reports, the Parties that engaged the expert shall produce to all Parties all facts, data and other information that the expert witness relied upon in forming his or her opinion(s); provided, however, that to comply with this Paragraph, a Party need not produce, but may simply identify in writing, as further set forth herein. This Stipulation and Order does not impose any independent obligation to retain the information covered by Paragraph 5 herein. Notwithstanding any other provision in this Stipulation and Order, this Stipulation and Order does not preclude or limit discovery regarding expert work, data, calculations, or other material filed with or otherwise submitted to the Court outside of written expert witness reports or disclosed expert witness testimony. This Stipulation and Order also does not preclude questions at deposition, hearing or trial related to an expert witness's compensation or to the number of hours the expert witness expended in preparing his or her opinion(s). Further, nothing herein shall be construed to prevent questions relating to the substance of the expert witness's opinion(s), as further set forth herein. Nothing herein shall limit or waive any Party's right to object to the admission into evidence of any opposing Party's expert witness report or opinion(s) or other materials, or to the qualification of any person to serve as an expert witness. No subpoena for deposition or documents need be served on any expert witness. Instead, the Party who retained the expert witness shall make the expert witness available for a deposition at a time and place mutually agreeable to the Parties in accordance with the case schedule and upon reasonable notice, and shall produce documents in accordance with the terms of this Stipulation and Order. This Stipulation and Order may be amended only by a subsequent written stipulation among the Parties or upon order of the Court. This Stipulation and Order may be executed in counterparts and shall become effective as a stipulation as among the executing Parties immediately upon its execution by such executing Parties. (As further set forth in this Order.) IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 10/19/2022) (vfr)
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Filing 351
ORDER granting #349 Letter Motion for Leave to File Excess Pages. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 349. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/19/2022) (vfr)
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Set/Reset Deadlines: Motions due by 10/27/2022. (vfr)
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Filing 350
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia..(Wollmuth, David)
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Filing 349
LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Plaintiffs dated 10/17/2022. Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Wollmuth, David)
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Filing 348
MEMO ENDORSEMENT on NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: re: #346 Proposed Order for Withdrawal of Attorney filed by Bank of America Corporation, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America, N.A. ENDORSEMENT: SO ORDERED., Attorney Julia Pilcer Lichtenstein terminated. (Signed by Judge Jesse M. Furman on 9/01/2022) (ama)
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Filing 347
DECLARATION of Julia Pilcer Lichtenstein in Support re: #346 Proposed Order for Withdrawal of Attorney. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Pilcer Lichtenstein, Julia)
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Filing 346
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. Related Document Number: [Julia Pilcer Lichtenstein]..(Pilcer Lichtenstein, Julia)
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Filing 345
MEMO ENDORSEMENT on re: #344 Letter Case Status filed by City of Philadelphia. ENDORSEMENT: Application GRANTED. The pretrial conference scheduled for August 31, 2022, is hereby ADJOURNED until November 3, 2022, at 4:15 p.m. SO ORDERED., ( Pretrial Conference set for 11/3/2022 at 04:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/26/22) (yv)
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Filing 344
JOINT LETTER addressed to Judge Jesse M. Furman from David H. Wollmuth dated August, 25, 2022 re: Case Status. Document filed by City of Philadelphia..(Wollmuth, David)
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Filing 343
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #341 Motion to Withdraw #341 MOTION to Withdraw Jamie S. Dycus. IT IS HEREBY ORDERED that Jamie S. Dycus is WITHDRAWN as counsel for Defendants Bank of America Corporation, Bank of America, N.A., and Merrill Lynch, Pierce, Fenner & Smith Incorporated (including as successor in interest to Banc of America Securities LLC). The Clerk of Court is directed to terminate ECF No. 341. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/23/22) (yv)
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Filing 342
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. Related Document Number: #341 ..(Pilcer Lichtenstein, Julia)
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Filing 341
MOTION to Withdraw Jamie S. Dycus. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Pilcer Lichtenstein, Julia)
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Filing 340
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. See ECF No. 279. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order - remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/22/2022) (tg)
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Filing 339
ORDER granting in part and denying in part #337 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED in part. The Court noted in its June 13, 2022 Order granting the parties' third discovery extension request that "[f]urther extension requests are unlikely to be granted." ECF No. 307. That said, the Court is willing to grant the parties one final extension of the fact discovery deadline until September 15, 2022, for the limited purpose of taking the depositions identified above. No further requests to extend the fact discovery deadline will be granted. The Clerk of Court is directed to terminate ECF No. 337. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/11/22) (yv)
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Set/Reset Deadlines: Fact Discovery due by 9/15/2022. (yv)
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Filing 338
NOTICE OF APPEARANCE by Noah Adam Levine on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Levine, Noah)
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Filing 337
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Susanna M. Buergel dated August 10, 2022. Document filed by Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc...(Buergel, Susanna)
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Filing 336
ORDER denying #331 Letter Motion for Conference re: #331 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth & William Christopher Carmody dated July 29, 2022. Plaintiffs' motion is DENIED substantially for the reasons set forth in Defendants' response. That denial, however, is without prejudice to any challenge by the Subpoenaed Issuers to the scope of the subpoenas --- although before any such challenge may be brought, the relevant parties must meet and confer in accordance with the Court's Individual Rules and Practices for Civil Cases. All dates and deadlines remain in effect. (If Defendants cannot arrange for the depositions to occur before the discovery deadline, they should seek appropriate relief after conferring with the Subpoenaed Issuers and Plaintiffs. Footnote 8 is not a proper request for an extension.) The Clerk of Court is directed to terminate ECF No. 331. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/8/22) (yv)
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Filing 335
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Defendants dated August 3, 2022 re: #331 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth & William Christopher Carmody dated July 29, 2022. . Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Christian, Meredith)
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Filing 334
ORDER granting #332 Motion to Withdraw as Attorney. The motion of Thania (Athanasia) Charmani for leave to withdraw as counsel for defendants Barclays Bank PLC and Barclays Capital Inc. is GRANTED. SO ORDERED.. (Signed by Judge Jesse M. Furman on 7/29/2022) Attorney Athanasia Charmani terminated (ks)
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Filing 333
NOTICE OF APPEARANCE by Meredith Christian on behalf of Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Christian, Meredith)
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Filing 332
MOTION for Thania Charmani to Withdraw as Attorney . Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Exhibit - Text of Proposed Order).(Charmani, Athanasia)
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Filing 331
LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth & William Christopher Carmody dated July 29, 2022. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Carmody, William)
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Filing 330
ORDER granting (75 in case 1:22-mc-00053-JMF) Letter Motion for Discovery; granting #75 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 75. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/22/2022) (vfr)
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Filing 329
ANSWER to #210 Amended Complaint,,,. Document filed by Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc...(Buergel, Susanna)
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Filing 328
ANSWER to #210 Amended Complaint,,,. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC..(Hakki, Adam)
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Filing 327
ANSWER to Complaint with JURY DEMAND. Document filed by Goldman Sachs & Co. LLC..(Sperling, Robert)
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Filing 326
ANSWER to #210 Amended Complaint,,,. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Dycus, Jamie)
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Filing 325
ANSWER to #210 Amended Complaint,,,. Document filed by Barclays Bank PLC, Barclays Capital Inc...(Bershteyn, Boris)
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Filing 324
ANSWER to #210 Amended Complaint,,,. Document filed by Wells Fargo Funds Management, LLC..(Sawyer, Laura)
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Filing 323
ANSWER to #210 Amended Complaint,,,. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Securities LLC..(Sawyer, Laura)
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Filing 322
ANSWER to #210 Amended Complaint,,,. Document filed by RBC Capital Markets LLC, Royal Bank of Canada..(Frackman, Andrew)
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Filing 321
ANSWER to #210 Amended Complaint,,,. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 320
NOTICE OF APPEARANCE by Joseph Cassalia Barry on behalf of Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Barry, Joseph)
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Filing 319
ORDER with respect to #315 Letter Motion for Local Rule 37.2 Conference: Upon review of the parties' letters, the terms of the applicable Protective Orders, and the relevant case law, the Court sees no need for a conference at this time. The Court agrees with Defendants that, to the extent that the subpoena seeks information that is within the scope of a protective order entered in one or the other of the qui tam actions, the subpoena cannot be complied with absent modification of the relevant protective order. Unless Plaintiffs can cite authority for the proposition that this Court has authority to modify the terms of a protective order entered by another court (a state court, no less) in a pending action, the Court is inclined to believe that any modification must be sought and obtained, consistent with the terms of the applicable protective order, from the court that entered the order. In light of the foregoing, Defendants need not move to quash at this time. Edelweiss shall not comply with the subpoenas unless and until the Court orders otherwise or the protective orders are modified to permit disclosure in this action. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Set/Reset Deadlines: Morgan Stanley answer due 7/19/2022; Morgan Stanley & Co. LLC answer due 7/19/2022; Morgan Stanley Capital Group Inc. answer due 7/19/2022; Morgan Stanley Smith Barney LLC answer due 7/19/2022. (tro)
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Filing 318
STIPULATION AND ORDER REGARDING DEADLINE TO ANSWER AMENDED COMPLAINT NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: The deadline for Defendants to file an Answer to the Amended Complaint is extended to July 19, 2022. IT IS SO ORDERED. Banc of America Securities LLC answer due 7/19/2022; Bank of America Corporation answer due 7/19/2022; Bank of America, N.A. answer due 7/19/2022; Barclays Bank PLC answer due 7/19/2022; Barclays Capital Inc. answer due 7/19/2022; Citibank N.A. answer due 7/19/2022; Citigroup Global Markets Inc. answer due 7/19/2022; Citigroup Global Markets Limited answer due 7/19/2022; Citigroup, Inc. answer due 7/19/2022; Goldman Sachs & Co. LLC answer due 7/19/2022; Goldman Sachs Group, Inc. answer due 7/19/2022; J.P. Morgan Securities LLC answer due 7/19/2022; JPMorgan Chase Bank N.A. answer due 7/19/2022; Merrill Lynch, Pierce, Fenner & Smith Incorporated answer due 7/19/2022; RBC Capital Markets LLC answer due 7/19/2022; Royal Bank of Canada answer due 7/19/2022; Wachovia Bank, N.A. answer due 7/19/2022; Wells Fargo Bank, N.A. answer due 7/19/2022; Wells Fargo Funds Management, LLC answer due 7/19/2022; Wells Fargo Securities LLC answer due 7/19/2022. Set/Reset Deadlines: Morgan Stanley answer due 7/19/2022; Morgan Stanley & Co. LLC answer due 7/19/2022; Morgan Stanley Capital Group Inc. answer due 7/19/2022; Morgan Stanley Smith Barney LLC answer due 7/19/2022. (Signed by Judge Jesse M. Furman on 7/8/2022) (rro) Modified on 7/11/2022 (tro).
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Filing 317
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from David H. Wollmuth, Daniel L. Brockett and William Christopher Carmody dated July 7, 2022 re: #315 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Undersigned Defendants dated July 1, 2022. . Document filed by City of Philadelphia. (Attachments: #1 Exhibit A, #2 Exhibit B).(Wollmuth, David)
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Filing 316
PROPOSED STIPULATION AND ORDER. Document filed by Goldman Sachs & Co. LLC..(Mastoris, George)
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Filing 315
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Undersigned Defendants dated July 1, 2022. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit 1 - Edelweiss Subpoena, #2 Exhibit 2 - New York Qui Tam Protective Order, #3 Exhibit 3 - Illinois Qui Tam Protective Order, #4 Exhibit 4 - Illinois Order Granting Protective Order).(Wick, Robert)
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Filing 314
MEMO ENDORSEMENT on re: #313 Letter filed by Goldman Sachs & Co. LLC. ENDORSEMENT: The conference scheduled for July 7, 2022, is hereby ADJOURNED to August 31, 2022, at 4:30 p.m. (Pretrial Conference set for 8/31/2022 at 04:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/30/2022) (tro)
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Filing 313
JOINT LETTER addressed to Judge Jesse M. Furman from Counsel for Plaintiffs and Defendants dated June 30, 2022 re: Case Status Summary Pursuant to Order dated June 27, 2022. Document filed by Goldman Sachs & Co. LLC..(Mastoris, George)
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Filing 312
OPINION AND ORDER: re: #231 JOINT MOTION to Dismiss filed by Barclays Capital Inc., Bank of America Corporation, Wells Fargo Bank, N.A., Morgan Stanley Smith Barney LLC, Royal Bank of Canada, Wells Fargo Funds Management, LLC, RBC Capital Markets LLC, Wells Fargo Securities LLC, Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Bank PLC, Morgan Stanley, Citigroup Global Markets Limited, JPMorgan Chase Bank N.A., Citigroup Global Markets Inc., J.P. Morgan Securities LLC, Goldman Sachs & Co. LLC, Wachovia Bank, N.A., Morgan Stanley Capital Group Inc., Citibank N.A., Bank of America, N.A., Citigroup, Inc. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. In particular, Defendants' motion to dismiss San Diego's breach-of-fiduciary duty claim in its entirety and Baltimore's fiduciary-duty claim against JPMorgan is GRANTED. Defendants' motion to dismiss the bulk of San Diego's claims as time barred, however, is DENIED. The Clerk of Court is directed to terminate ECF No. 231. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/28/2022) (ama)
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Filing 311
NOTICE OF CHANGE OF ADDRESS by Heather Nyong'O on behalf of Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. New Address: Cleary Gottlieb Steen & Hamilton LLP, 650 California Street, Suite 2000, San Francisco, California, United States 94108, (650) 815-4140..(Nyong'O, Heather)
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Filing 310
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. See ECF No. 214. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order - remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon- jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/27/2022) (tg)
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Filing 309
ORDER granting #308 Motion for Amber B. Magee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #308 MOTION for Amber B. Magee to Appear Pro Hac Vice for Plaintiff City of Baltimore. Filing fee $ 200.00, receipt number ANYSDC-26293115. Motion and supporting papers to be reviewed by Clerk's Office staff.>. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 308
MOTION for Amber B. Magee to Appear Pro Hac Vice for Plaintiff City of Baltimore. Filing fee $ 200.00, receipt number ANYSDC-26293115. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Affidavit Declaration of Amber Magee in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order on Motion to Admit Counsel Pro Hac Vice).(Magee, Amber)
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Filing 307
STIPULATION AND ORDER REGARDING DISCOVERY SCHEDULE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: No further party depositions will be noticed. The deadline for noticing any non-party deposition will be June 30, 2022. Notwithstanding this, any party will have three business days from the date of receiving service of a notice of non-party deposition to cross-notice that deposition, even if that results in the cross-notice being served after June 30. The deadline for the completion of fact discovery is extended by 45 days,to August 15, 2022. The deadline for serving party discovery requests, including Interrogatories,Requests for Admission, and Requests for Production, has already passed and will not be extended. The deadline for responding to Interrogatories and Requests for Admission served on May 25, 2022, will be extended to August 31, 2022. The deadlines in the schedule not addressed in the paragraphs set forth above remain unchanged. Application GRANTED. The parties are reminded that any agreement to extend the deadline for fact or expert discovery in this case has no effect until ordered by the Court. Further extension requests are unlikely to be granted. SO ORDERED, ( Deposition due by 6/30/2022., Fact Discovery due by 8/15/2022.) (Signed by Judge Jesse M. Furman on 6/13/2022) (ama)
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Filing 306
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Carmody, William)
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Filing 305
MEMO ENDORSEMENT on NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: granting #304 Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to update the docket accordingly and close ECF No. 304. SO ORDERED. Attorney Seth Andrew Mohney terminated. (Signed by Judge Jesse M. Furman on 6/09/2022) (ama)
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Filing 304
MOTION for Seth A. Mohney to Withdraw as Attorney . Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit Declaration).(Mohney, Seth)
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Filing 303
ORDER denying #299 Letter Motion for Conference. Upon review of the parties' submissions, the Court concludes that there is no need for a conference. Instead, Plaintiffs' letter-motion is denied substantially for the reasons stated in Defendants' response. See ECF No. #301 . Whether or not Plaintiffs' request is covered by the Court's prior Order, see ECF No. 170, the Court agrees that there is no need or basis to designate Ms. Mount as an additional document custodian given, among other things, her role as a buyer of VRDOs and the fact that Plaintiffs already have access to her communications with sell-side personnel. If anything, the discovery to date appears to confirm the Court's prior conclusion that evidence from those in Ms. Mount's position has only marginal relevance to the claims at issue. Plaintiffs certainly do not "point to any specific information that is relevant to their claims and would be found solely in the unproduced documents." Alaska Elec. Pension Fund v. Bank of America Corp., No. 14-cv-7126, 2016 WL 6779901 at *3 (S.D.N.Y. Nov. 16, 2016). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 302
DECLARATION of Michael M. Klotz in Opposition re: #299 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth & William Christopher Carmody dated May 18, 2022.. Document filed by RBC Capital Markets LLC, Royal Bank of Canada. (Attachments: #1 Exhibit A - Wells Fargo Defendants' Dec. 20 2021 Production Letter, #2 Exhibit B - Wells Fargo Defendants' Jan. 3 2022 Production Letter, #3 Exhibit C - Wells Fargo Defendants' Jan. 21 2022 Production Letter, #4 Exhibit D - Citi Defendants' Jan. 14 2022 Document Production Letter, #5 Exhibit E - Goldman Sachs' Dec. 29 2021 Document Production Letter, #6 Exhibit F - Goldman Sachs' Jan. 21 2022 Document Production Letter).(Zaslavsky, Sergei)
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Filing 301
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Sergei Zaslavsky dated May 23, 2022 re: #299 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth & William Christopher Carmody dated May 18, 2022. . Document filed by RBC Capital Markets LLC, Royal Bank of Canada..(Zaslavsky, Sergei)
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Filing 300
NOTICE OF APPEARANCE by S. Conrad Scott on behalf of J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Scott, S. Conrad)
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Filing 299
LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth & William Christopher Carmody dated May 18, 2022. Document filed by City of Philadelphia. (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).(Wollmuth, David)
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Filing 298
NOTICE OF APPEARANCE by Katherine Nugent on behalf of Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Nugent, Katherine)
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Filing 297
NOTICE OF APPEARANCE by Nicholas Charles Edmund Walter on behalf of Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Walter, Nicholas)
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Filing 296
NOTICE OF APPEARANCE by Michael Mahar Klotz on behalf of RBC Capital Markets LLC, Royal Bank of Canada..(Klotz, Michael)
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Filing 295
ORDER granting #294 Motion for Brittany L. Wiegand to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #294 MOTION for Brittany L. Wiegand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26106975. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 294
MOTION for Brittany L. Wiegand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26106975. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Affidavit Affidavit of Brittany L. Wiegand, #2 Exhibit Certificate of good standing, #3 Text of Proposed Order Order for admission pro hac vice).(Wiegand, Brittany)
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Filing 293
ORDER granting #292 Motion for Carol Tian Li to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #292 MOTION for Carol Tian Li to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26074161. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 292
MOTION for Carol Tian Li to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26074161. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Affidavit Affidavit of Carol T. Li, #2 Exhibit Illinois Certificate of Good Standing, #3 Text of Proposed Order).(Li, Carol)
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Filing 291
LETTER addressed to Judge Jesse M. Furman from Plaintiff The Board of Directors of the San Diego Association of Governments, acting as the San Diego County Regional Transportation Commission dated April 21, 2022 re: LETTER RESPONSE to Defendants April 18, 2022, Letter to this Court (ECF No. 289) re Defendants' Pending Partial Motion to Dismiss. Document filed by San Diego Association of Governments. (Attachments: #1 EXHIBIT 1 - Notice of Non-Party Subpoena, #2 EXHIBIT 2 - Addressee List, #3 EXHIBIT 3 - Wells Fargo Defendants' Responses and Objections to Plaintiffs' First Set of Requests for Production).(Landau, Christopher)
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Filing 290
MEMO ENDORSEMENT on re: #289 Letter pending Joint Partial Motion to Dismissthe Amended Consolidated Class Action Complaint, filed by Barclays Capital Inc., Bank of America Corporation, Wells Fargo Bank, N.A., Morgan Stanley Smith Barney LLC, Royal Bank of Canada, Wells Fargo Funds Management, LLC, RBC Capital Markets LLC, Wells Fargo Securities LLC, Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Bank PLC, Morgan Stanley, Citigroup Global Markets Limited, JPMorgan Chase Bank N.A., Citigroup Global Markets Inc., J.P. Morgan Securities LLC, Goldman Sachs & Co. LLC, Wachovia Bank, N.A., Morgan Stanley Capital Group Inc., Citibank N.A., Bank of America, N.A., Citigroup, Inc. ENDORSEMENT: Plaintiffs shall file any response to Defendants' letter by April 21, 2022. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/19/22) (yv)
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Filing 289
JOINT LETTER addressed to Judge Jesse M. Furman from Boris Bershteyn, George E. Mastoris, Andrew Frackman, Adam S. Hakki, Jamie Dycus, Jayant W. Tambe, Robert D. Wick and Susanna Buergel dated April 18, 2022 re: Defendants' pending Partial Motion to Dismiss. Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit 1 - Excerpts of produced records).(Bershteyn, Boris)
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Filing 288
NOTICE OF APPEARANCE by Athanasia Charmani on behalf of Barclays Bank PLC, Barclays Capital Inc...(Charmani, Athanasia)
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Filing 287
ORDER granting #286 Motion for Gretchen M. Wolf to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #286 MOTION for Gretchen M. Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-26009538. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 286
MOTION for Gretchen M. Wolf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-26009538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Declaration of Gretchen M. Wolf, #2 Certificate of Good Standing from Illinois, #3 Certificate of Good Standing from Iowa, #4 Text of Proposed Order).(Wolf, Gretchen)
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Filing 285
NOTICE OF APPEARANCE by Kamali Pettiford Willett on behalf of Barclays Bank PLC, Barclays Capital Inc...(Willett, Kamali)
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Filing 284
ORDER granting #283 Motion for Adam Walker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #283 MOTION for Adam Walker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25934860. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 283
MOTION for Adam Walker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25934860. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RBC Capital Markets LLC, Royal Bank of Canada. (Attachments: #1 Declaration of Adam Walker, #2 Certificate of Good Standing - DC, #3 Text of Proposed Order).(Walker, Adam)
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Filing 282
ORDER granting #281 Motion for Christopher Landau to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #281 MOTION for Christopher Landau 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. (aea)
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Filing 281
MOTION for Christopher Landau to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by San Diego Association of Governments. (Attachments: #1 Affidavit of Christopher Landau (with Certificate of Good Standing), #2 Text of Proposed Order).(Landau, Christopher)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #280 MOTION for Christopher Landau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25912754. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Missing Motion to Appear Pro Hac Vice. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 280
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher Landau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25912754. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by San Diego Association of Governments. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice).(Keech, Ryan) Modified on 3/25/2022 (aea).
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Filing 279
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is Four weeks. Application GRANTED as modified. The parties should take note of the date for the next pretrial conference on the previous page. The Clerk of Court is directed to terminate ECF No. 278. Defendants' class certification opposition and supporting expert reports due, including all data and code relied upon by 2/9/23, with service of all underlying data and code relied upon by 2/13/23. Class certification reply and any supporting reply expert reports due, and responses to any class Daubert motions by Defendants, including all data and code relied upon by Plaintiffs' experts, and any Plaintiff Daubert challenges to Defendants' experts (replies to Defendants' Daubert motions due 30 days later; opposition to Plaintiffs' Daubert motions due 45 days later; replies on Plaintiffs' Daubert motions due 30 days after the oppositions): 4/6/23, with service of all underlying data and code relied upon by 4/10/23. Deadline for summary judgment motions: within 60 days of the close of expert discovery. Fact Discovery due by 6/30/2022. Pretrial Conference set for 7/7/2022 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/14/2022) (ate) Modified on 3/14/2022 (ate).
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Filing 278
JOINT LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from the parties dated March 11, 2022. Document filed by City of Philadelphia. (Attachments: #1 Exhibit A - [Proposed] Second Amended Civil Case Management Plan and Scheduling Order, #2 Exhibit B - Parties' Proposed Schedule and Deposition Limits).(Wollmuth, David)
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Filing 277
ORDER: GRANTED in part #276 Letter Motion for Leave to File Document. Application GRANTED in part. Defendants and non-parties Rosenberg, Edelweiss and Blue Rose shall file a joint status letter by March 21, 2022, updating the Court on the meet and confer process. In that letter, the non-parties shall also state whether they intend to file a motion to quash. The Court will defer decision on the pending motions pending the update on March 21st. Future filings regarding the subpoenas shall be filed only in Docket No. 22-MC-53. The Clerk of Court is directed to terminate ECF No. 276 in 19-CV-1608 and ECF No. 46 in 22-MC-53. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/2022) (ama)
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Filing 276
LETTER MOTION for Leave to File Motion to Quash on or before 3-25-2022 addressed to Judge Jesse M. Furman from Daniel W. Levy dated March 9, 2022. Document filed by Blue Rose Capital Advisors LLC, Edelweiss Fund LLC, Bjorn Johan Rosenberg..(Levy, Daniel)
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Filing 275
ORDER granting #273 Motion for Christopher William Johnstone to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #273 MOTION for Christopher William Johnstone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25815263. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 274
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Allspring Global Investments Holdings, LLC, Other Affiliate Allspring Funds Management, LLC for Wells Fargo Funds Management, LLC. Document filed by Wells Fargo Funds Management, LLC..(Sawyer, Laura)
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Filing 273
MOTION for Christopher William Johnstone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25815263. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Declaration of Chris Johnstone, #2 Certificate of Good Standing - State of California, #3 Text of Proposed Order).(Johnstone, Chris)
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Filing 272
NOTICE OF APPEARANCE by Sara Elise Hershman on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Hershman, Sara)
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Filing 271
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/9/22 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...Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF, 1:21-cv-04893-JMF.(Moya, Goretti)
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Filing 270
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/9/2022 before Judge Jesse M. Furman. 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 3/8/2022. Redacted Transcript Deadline set for 3/18/2022. Release of Transcript Restriction set for 5/16/2022.Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF, 1:21-cv-04893-JMF.(Moya, Goretti)
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Filing 269
ORDER, The motion of Mollie Kornreich for leave to withdraw as counsel for defendants Barclays Bank PLC and Barclays Capital Inc. is GRANTED. SO ORDERED. (Attorney Mollie Melissa Kornreich terminated.) (Signed by Judge Jesse M. Furman on 2/14/22) (yv)
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Filing 268
NOTICE of Withdrawal of Counsel. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Text of Proposed Order).(Kornreich, Mollie)
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Filing 267
ORDER denying without prejudice #256 Letter Motion seeking discovery relating to the statute of limitations. As discussed on the record at the conference held earlier today, the motion was denied without prejudice to renewal after a further meet-and-confer and an effort to obtain the information to which Defendants are entitled through the use of limited interrogatories. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 266
ORDER granting in part and denying in part #255 Letter Motion seeking discovery relating to certain "non-testifying consulting experts." The motion was resolved on the record during the conference held this morning. See the transcript for the Court's ruling. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 265
ORDER: Upon reflection, given the number of counsel in this case, the Court will utilize two telephone lines for tomorrow's pretrial conference: one for counsel with speaking roles and one for all other counsel and the public. The Court will provide call-in information to counsel who will be speaking at the conference. All others (counsel who will not have speaking roles and members of the public) may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Courts Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 264
NOTICE OF APPEARANCE by Elizabeth Ann Aronson on behalf of Mayor and City Council of Baltimore..(Aronson, Elizabeth)
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Filing 263
NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL granting (258) Motion to Withdraw as Attorney. Attorney James Lee Michaels terminated in case 1:19-cv-01608-JMF; granting (48) Motion to Withdraw as Attorney. Attorney James Lee Michaels terminated in case 1:19-cv-02667-JMF; granting (109) Motion to Withdraw as Attorney. The Clerk of Court is directed to terminate ECF No. 258 in 19-CV-1608, ECF No. 109 in 21-CV-4893, and ECF No. 48 in 19-CV-2667. SO ORDERED. (Attorney James Lee Michaels terminated in case 1:21-cv-04893-JMF.) (Signed by Judge Jesse M. Furman on 2/4/22) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF, 1:21-cv-04893-JMF (yv)
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Filing 262
LETTER addressed to Judge Jesse M. Furman from Daniel W. Levy dated February 6, 2022 re: Rule 45 Subpoenas. Document filed by Bjorn Johan Rosenberg, Edelweiss Fund LLC, Blue Rose Capital Advisors LLC..(Levy, Daniel)
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Filing 261
LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, and William Christopher Carmody dated 2/4/22 re: #255 dated February 4, 2022 re: #255 LETTER MOTION for Conference on Behalf of All Defendants addressed to Judge Jesse M. Furman from Jayant W. Tambe dated February 1, 2022. . Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Brockett, Daniel)
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Filing 260
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, and William Christopher Carmody dated 2/4/22 re: #256 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Jamie Dycus dated February 1, 2022. . Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A, #2 Exhibit B).(Carmody, William)
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Filing 259
MEMO ENDORSEMENT on re: #257 Letter filed by City of Philadelphia, ENDORSEMENT: The pretrial conference scheduled for February 10, 2022, is RESCHEDULED to February 9, 2022, at 9:15 a.m. The parties should be prepared to address the discovery issues raised by Plaintiffs in ECF Nos. 255-56, in addition to the contents of this letter. The conference will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 2(B) (i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/4/2022) ( Telephone Conference set for 2/9/2022 at 09:15 AM before Judge Jesse M. Furman.) (ks)
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Filing 258
MOTION for James L. Michaels to Withdraw as Attorney for Plaintiff The Board of Directors of the San Diego Association of Governments (with Declaration and Proposed Order). Document filed by San Diego Association of Governments.Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF, 1:21-cv-04893-JMF.(Michaels, James)
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Set/Reset Hearings: Initial Conference set for 2/9/2022 at 09:15 AM before Judge Jesse M. Furman. (ks)
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Filing 257
JOINT LETTER addressed to Judge Jesse M. Furman from David H. Wollmuth dated 02/03/2022 re: Case Status. Document filed by City of Philadelphia..(Wollmuth, David)
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Filing 256
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Jamie Dycus dated February 1, 2022. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Dycus, Jamie)
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Filing 255
LETTER MOTION for Conference on Behalf of All Defendants addressed to Judge Jesse M. Furman from Jayant W. Tambe dated February 1, 2022. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Tambe, Jayant)
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Filing 254
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. See ECF No. 214. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order - remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/honjesse- m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/31/2022) (kv)
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Filing 253
NOTICE OF APPEARANCE by Sevan Ogulluk on behalf of Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Ogulluk, Sevan)
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Filing 252
NOTICE OF APPEARANCE by William J. Hine on behalf of Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Hine, William)
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Filing 251
NOTICE OF APPEARANCE by Brian William Hine on behalf of Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Hine, Brian)
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Filing 250
NOTICE OF APPEARANCE by Charlotte Davenport Stewart on behalf of City of Philadelphia..(Stewart, Charlotte)
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Filing 249
NOTICE OF APPEARANCE by Joseph Nicholas Kiefer on behalf of San Diego Association of Governments..(Kiefer, Joseph)
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Filing 248
MEMO ENDORSEMENT granting #247 Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to terminate ECF No. 247. IT IS SO ORDERED. Attorney Joachim Beno Steinberg terminated.. (Signed by Judge Jesse M. Furman on 1/6/2022) (kv)
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Filing 247
MOTION for JOACHIM B. STEINBERG to Withdraw as Attorney . Document filed by San Diego Association of Governments..(Steinberg, Joachim)
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Filing 246
MEMO ENDORSEMENT on re: #245 Proposed Order for Withdrawal of Attorney filed by Citigroup Global Markets Limited, Citibank N.A. ENDORSEMENT : SO ORDERED., (Citigroup Global Markets Inc., Citigroup, Inc., Attorney Jeehee Yang terminated.) (Signed by Judge Jesse M. Furman on 12/9/21) (yv)
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Filing 245
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc...(Yang, Jeehee)
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Filing 244
NOTICE OF CHANGE OF ADDRESS by Heather Nyong'O on behalf of Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. New Address: Cleary Gottlieb Steen & Hamilton LLP, 1841 Page Mill Road, Suite 250, Palo Alto, California, United States 94304, 650-815-4100..(Nyong'O, Heather)
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Filing 243
REPLY MEMORANDUM OF LAW in Support re: #231 JOINT MOTION to Dismiss . . Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Bershteyn, Boris)
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Filing 242
NOTICE OF APPEARANCE by Tihitina M. Dagnew on behalf of Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc...(Dagnew, Tihitina)
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Filing 241
NOTICE OF APPEARANCE by Emily Lilburn on behalf of San Diego Association of Governments..(Lilburn, Emily)
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Filing 240
MEMORANDUM OF LAW in Opposition re: #231 JOINT MOTION to Dismiss . . Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments..(Steinberg, Joachim)
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Filing 239
MEMO ENDORSEMENT on re: #237 Letter, filed by Wells Fargo Securities LLC, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC. ENDORSEMENT: Application GRANTED. The conference scheduled for September 30, 2021 at 4:00 p.m. is hereby ADJOURNED to February 10, 2022 at 2:00 p.m. SO ORDERED. (Initial Conference set for 2/10/2022 at 02:00 PM before Judge Jesse M. Furman., Pretrial Conference set for 2/10/2022 at 02:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/24/2021) (jca)
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Filing 238
ORDER denying #235 Letter Motion for Conference: Upon review of the parties' letters, the Court concludes there is no need for a discovery conference. In the Court's view, Plaintiffs' proposed compromise - with one modification - is an appropriate way to balance the competing interests involved. At least ten days prior to any deposition noticed by Defendants, Plaintiffs shall produce both (1) a summary of payments made to the witness (including dates and amounts paid); AND (2) a copy of any retainer agreement (or the equivalent) with the witness. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 237
JOINT LETTER addressed to Judge Jesse M. Furman from Laura Washington Sawyer dated September 23, 2021 re: Case Status. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Sawyer, Laura)
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Filing 236
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Daniel L. Brockett dated September 23, 2021 re: #235 LETTER MOTION for Conference on behalf of All Defendants addressed to Judge Jesse M. Furman from Robert D. Wick dated September 20, 2021. . Document filed by City of Philadelphia, Mayor and City Council of Baltimore, San Diego Association of Governments. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Brockett, Daniel)
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Filing 235
LETTER MOTION for Conference on behalf of All Defendants addressed to Judge Jesse M. Furman from Robert D. Wick dated September 20, 2021. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 234
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 214. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/17/2021) (jca)
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Filing 233
DECLARATION of Boris Bershteyn in Support re: #231 JOINT MOTION to Dismiss .. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Exhibit 1 - Complaint for Violations of the California False Claims Act, State of California, ex rel., Edelweiss Fund, LLC v. JPMorgan Chase & Co., No. CGC-14-540777 (Cal. Super. Ct., S.F. Cnty. July 28, 2014), #2 Exhibit 2 - San Diego County Regional Transportation Commission Sales Tax Revenue Bonds, 2008 Series B, CUSIP 797400FG8, Remarketing Agreement between the San Diego County Regional Transportation Commission and Goldman Sachs & Co. LLC (Mar. 1, 2008), #3 Exhibit 3 - Complaint in Intervention by San Diego Association of Governments, San Diego Association of Governments ex rel. Leonid Dubizhansky v. ABC Construction Co., Inc., No. 37-2012-00100984-CU-MC-CTL (Cal. Super. Ct., San Diego Cnty. Feb. 28, 2013)).(Bershteyn, Boris)
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Filing 232
MEMORANDUM OF LAW in Support re: #231 JOINT MOTION to Dismiss . . Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Bershteyn, Boris)
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Filing 231
JOINT MOTION to Dismiss . Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Bershteyn, Boris)
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Set/Reset Deadlines: Banc of America Securities LLC answer due 9/14/2021; Bank of America Corporation answer due 9/14/2021; Bank of America, N.A. answer due 9/14/2021; Barclays Bank PLC answer due 9/14/2021; Barclays Capital Inc. answer due 9/14/2021; Citibank N.A. answer due 9/14/2021; Citigroup Global Markets Inc. answer due 9/14/2021; Citigroup Global Markets Limited answer due 9/14/2021; Citigroup, Inc. answer due 9/14/2021; J.P. Morgan Securities LLC answer due 9/14/2021; Merrill Lynch, Pierce, Fenner & Smith Incorporated answer due 9/14/2021; RBC Capital Markets LLC answer due 9/14/2021; Royal Bank of Canada answer due 9/14/2021; Wachovia Bank, N.A. answer due 9/14/2021; Wells Fargo Bank, N.A. answer due 9/14/2021; Wells Fargo Funds Management, LLC answer due 9/14/2021; Wells Fargo Securities LLC answer due 9/14/2021. Deposition due by 4/25/2022. Fact Discovery due by 4/25/2022. Motions due by 7/20/2022. Responses due by 10/20/2022. Replies due by 12/19/2022. (va)
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Filing 230
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #226 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Sarah K. Weber is granted leave to withdraw as counsel of record in this action, that such withdrawal is effective immediately, and that Ms. Weber be removed from the Court's CM/ECF electronic notification list for this action. The Clerk of Court is directed to terminate ECF No. 226. SO ORDERED. Attorney Sarah K Weber terminated. (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr)
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Filing 229
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #224 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Christian T. Kemnitz is granted leave to withdraw as counsel of record in this action, that such withdrawal is effective immediately, and that Mr. Kemnitz be removed from the Court's CM/ECF electronic notification list for this action. The Clerk of Court is directed to terminate ECF No. 224. SO ORDERED. Attorney Christian T. Kemnitz terminated. (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr)
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Filing 228
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #222 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that David L. Goldberg is granted leave to withdraw as counsel of record in this action, that such withdrawal is effective immediately, and that Mr. Goldberg be removed from the Court's CM/ECF electronic notification list for this action. The Clerk of Court is directed to terminate ECF No. 222. SO ORDERED. Attorney David L Goldberg terminated. (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr)
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Filing 227
DECLARATION of Sarah K. Weber in Support re: #226 MOTION for Sarah K. Weber to Withdraw as Attorney .. Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group..(Weber, Sarah)
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Filing 226
MOTION for Sarah K. Weber to Withdraw as Attorney . Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group. (Attachments: #1 Proposed Order).(Weber, Sarah)
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Filing 225
DECLARATION of Christian T. Kemnitz in Support re: #224 MOTION for Christian T. Kemnitz to Withdraw as Attorney .. Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group..(Kemnitz, Christian)
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Filing 224
MOTION for Christian T. Kemnitz to Withdraw as Attorney . Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group. (Attachments: #1 Proposed Order).(Kemnitz, Christian)
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Filing 223
DECLARATION of David L. Goldberg in Support re: #222 MOTION for David L. Goldberg to Withdraw as Attorney .. Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group..(Goldberg, David)
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Filing 222
MOTION for David L. Goldberg to Withdraw as Attorney . Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group. (Attachments: #1 Proposed Order).(Goldberg, David)
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Filing 221
NOTICE OF APPEARANCE by James Lee Michaels on behalf of San Diego Association of Governments..(Michaels, James)
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Filing 220
NOTICE OF APPEARANCE by Carl Alan Roth on behalf of San Diego Association of Governments..(Roth, Carl)
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Filing 219
NOTICE OF APPEARANCE by Nathan Hochman on behalf of San Diego Association of Governments..(Hochman, Nathan)
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Filing 218
NOTICE OF APPEARANCE by Noah Helpern on behalf of San Diego Association of Governments..(Helpern, Noah)
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Filing 217
NOTICE OF APPEARANCE by Jason Yuegin Kelly on behalf of San Diego Association of Governments..(Kelly, Jason)
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Filing 216
NOTICE OF APPEARANCE by Ryan Q Keech on behalf of San Diego Association of Governments..(Keech, Ryan)
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Filing 215
NOTICE OF APPEARANCE by Joachim Beno Steinberg on behalf of San Diego Association of Governments..(Steinberg, Joachim)
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Filing 214
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have conferred pursuant to Fed.R.Civ.P.26(f). Settlement discussions have not taken place. This case is to be tried to a jury. Estimate of the length of trial is four weeks. So Ordered. Any motion to amend or to join additional parties shall be due by 8/23/2021. Fact Discovery due by 4/25/2022. Initial Conference set for 9/30/2021 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/12/2021) (tg)
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Filing 213
ORDER granting #212 Letter Motion for Extension of Time. Application GRANTED. The Court will docket the amended Case Management Plan separately. As set forth therein, the pretrial conference is hereby ADJOURNED to September 30, 2021, at 4:00 p.m. The Clerk of Court is directed to terminate ECF No. 212. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/12/2021) (va)
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Set/Reset Hearings: Pretrial Conference set for 9/30/2021 at 04:00 PM before Judge Jesse M. Furman. (va)
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Filing 212
JOINT LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from the parties dated August 11, 2021. Document filed by Goldman Sachs & Co. LLC. (Attachments: #1 Exhibit A - [Proposed] Amended Civil Case Management Plan and Scheduling Order, #2 Exhibit B - Parties' Proposed Schedule).(Mastoris, George)
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Filing 211
ORDER: Counsel for all parties are advised that any counsel who was previously granted permission to appear pro hac vice in a case consolidated with this case is not be required to file a new motion to appear pro hac vice on this docket before entering a notice of appearance. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/9/2021) (va)
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Filing 210
AMENDED COMPLAINT amending #4 Complaint,, against Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs Group, Inc., J.P. Morgan Securities LLC, JPMorgan Chase, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC with JURY DEMAND.Document filed by City of Philadelphia, San Diego Association of Governments, Mayor and City Council of Baltimore. Related document: #4 Complaint,,..(Brockett, Daniel)
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Filing 209
ORDER granting (203) Motion to Amend/Correct (203 in 1:19-cv-01608-JMF) MOTION to Amend/Correct . in case 1:19-cv-01608-JMF. It is hereby ORDERED: That Plaintiffs' motion for leave to amend is GRANTED. The clerk is hereby DIRECTED to add the San Diego Association of Governments as a plaintiff, and consolidate Docket No. 21-CV-4893 (JMF) under the lead case, Docket No. 19-CV-1608. Docket No. 21-CV-4893 (JMF) shall be closed. All future filings shall be on the 19-CV-1608 docket. The Clerk of Court is directed to docket this in 19-CV-1608 and in 21-CV-4893. Plaintiffs shall file their consolidated amended complaint no later than August 6, 2021. Defendants shall answer the operative complaint within two weeks of the complaint being filed. The pretrial conference previously scheduled for July 1, 2021 is REINSTATED and RESCHEDULED to August 26, 2021 at 3:45 p.m. The Clerk of Court is directed to terminate 19-CV-1608, ECF No. 203; to consolidate 19-CV-1608 and 21-CV-4893 under case number 19-CV-1608; and to close 21-CV-4893. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/26/21) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:21-cv-04893-JMF (yv)
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Set/Reset Deadlines: ( Amended Pleadings due by 8/6/2021.), Set/Reset Hearings:( Pretrial Conference set for 8/26/2021 at 03:45 PM before Judge Jesse M. Furman.) (yv)
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Filing 208
LETTER addressed to Judge Jesse M. Furman from Jamie Stephen Dycus on behalf of all Defendants dated July 29, 2021 re: Motion for Leave to Amend Complaint. Document filed by Bank of America Corporation, Bank of America, N.A...(Dycus, Jamie)
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Filing 207
ORDER. On July 26, 2021, Plaintiffs in 19-CV-1068 moved for leave to amend the complaint and to consolidate 19-CV-1608 and 21-CV-4893. 19-CV-1068, ECF No. 203. By no later than July 29, 2021, Defendants shall file a letter indicating whether they intend to oppose either leave to amend or consolidation. If Defendants do not file a letter by that date or indicate that they do not intend to oppose the motion, the Court will grant the relief requested as unopposed. If Defendants indicate that they do intend to oppose the motion, the Local Rules default deadlines (two weeks for opposition and one week for reply) shall apply. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/27/21) (yv)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #206 Proposed Order was reviewed and approved as to form. (km)
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Filing 206
PROPOSED ORDER. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. Related Document Number: #203 ..(Brockett, Daniel) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 205
DECLARATION of Daniel L. Brockett in Support re: #203 MOTION to Amend/Correct .. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brockett, Daniel)
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Filing 204
MEMORANDUM OF LAW in Support re: #203 MOTION to Amend/Correct . . Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Brockett, Daniel)
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Filing 203
MOTION to Amend/Correct . Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Brockett, Daniel)
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Filing 202
MEMO ENDORSED ORDER granting #200 Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to terminate ECF No. 200 and to update the docket accordingly. SO ORDERED. Attorney David Sapir Lesser terminated. (Signed by Judge Jesse M. Furman on 7/6/2021) (va)
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Filing 201
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. Related Document Number: #200 ..(Pilcer Lichtenstein, Julia)
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Filing 200
MOTION for David S. Lesser to Withdraw as Attorney . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Pilcer Lichtenstein, Julia)
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Filing 199
NOTICE OF APPEARANCE by Jamie Stephen Dycus on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Dycus, Jamie)
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Filing 198
MEMO ENDORSEMENT on re: (197 in 1:19-cv-01608-JMF) Letter How the Court should proceed with the newly filed action,, filed by City of Philadelphia. ENDORSEMENT: The Clerk of Court is directed to docket this in 19-CV-1608 and 21-CV-4893. Plaintiffs in 19-CV-1608 shall file any motion seeking leave to file a consolidated amended complaint no later than July 26, 2021. Defendants' deadlines to respond to the complaint in 21-CV-4893 are ADJOURNED sine die pending resolution of the consolidation question. The pretrial conference currently scheduled for July 1, 2021 is ADJOURNED sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/28/21) (yv)
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Set/Reset Deadlines: Motions due by 7/26/2021. (yv)
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Filing 197
JOINT LETTER addressed to Judge Jesse M. Furman from David H. Wollmuth dated 06/25/2021 re: How the Court should proceed with the newly filed action, Board of Directors of the San Diego Association of Governments v. Bank of America Corp., No. 21-CV-4893, as related to City of Philadelphia v. Bank of America Corp., No. 19-CV-1608 (pursuant to Dkt. 185). Document filed by City of Philadelphia..(Wollmuth, David)
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Filing 196
ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 153. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. So Ordered. (Signed by Judge Jesse M. Furman on 6/21/2021) (js)
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Filing 195
MEMO ENDORSEMENT on re: #194 Letter Case Status filed by City of Philadelphia. ENDORSEMENT: The pretrial conference currently scheduled for June 17, 2021 is ADJOURNED to July 1, 2021 at 10:00 a.m. SO ORDERED., ( Pretrial Conference set for 7/1/2021 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/11/21) (yv)
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Filing 194
JOINT LETTER addressed to Judge Jesse M. Furman from David H. Wollmuth dated 06/10/2021 re: Case Status. Document filed by City of Philadelphia..(Wollmuth, David)
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Filing 193
ORDER denying #178 LETTER MOTION for Conference regarding discovery dispute. Upon review of the parties' submissions, the Court concludes that there is no need for a conference. Substantially for the reasons stated in #179 Defendants' opposition, the Court concludes that Plaintiffs are not entitled to all preexisting materials that Defendants' produced to the Department of Justice as part of the Department's VRDO investigation or to the "white papers, presentations, written memoranda, or briefs shown or provided to" the Department. ECF No. #178 , at 3. Nor is there any basis to grant Plaintiffs' request for an order directing Defendants "to meet and confer... and answer Plaintiffs['] questions with specificity." Id. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 192
ORDER granting #180 Letter Motion to Seal/File Ex Parte Declaration. Upon review of the parties' submissions, and the letter filed by the Department of Justice earlier today, Defendants' motion for leave to file an ex parte declaration under seal is granted. The Court finds that the need to protect law enforcement sensitive information outweighs the interests of Plaintiffs and the public in disclosure. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 191
ORDER granting #188 Letter Motion for Leave to File Document in Redacted Form. DOJ's redactions are hereby approved for the reasons set forth in DOJ's letter. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 190
***EX-PARTE***REDACTION to #188 LETTER MOTION for Leave to File Motion addressed to Judge Jesse M. Furman from Eric Hoffmann dated 06/08/2021. Unredacted response with proposed redactions highlighted by UNITED STATES OF AMERICA Motion or Order to File Under Seal: #188 .(Hoffmann, Eric)
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Filing 189
REDACTION to #188 LETTER MOTION for Leave to File Motion addressed to Judge Jesse M. Furman from Eric Hoffmann dated 06/08/2021. Redacted letter response by UNITED STATES OF AMERICA.(Hoffmann, Eric)
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Filing 188
LETTER MOTION for Leave to File Motion addressed to Judge Jesse M. Furman from Eric Hoffmann dated 06/08/2021. Document filed by UNITED STATES OF AMERICA..(Hoffmann, Eric)
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Filing 187
ORDER. In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 153. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. After reviewing the parties joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/7/21) (yv)
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Filing 186
LETTER addressed to Judge Jesse M. Furman from David S. Lesser dated June 4, 2021 re: Confirming Service on Counsel at the Department of Justice. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Lesser, David)
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Filing 185
ORDER. The Court has accepted Board of Directors of the San Diego Association of Governments v. Bank of America Corp., No. 21-CV-4893, as related to City of Philadelphia v. Bank of America Corp., No. 19-CV-1608. In the interests of judicial economy, counsel for the parties in both cases are directed to confer with one another and, no later than June 25, 2021, to submit a joint letter addressing the parties' positions on how the Court should proceed with the new case, including whether the cases should be consolidated, see Fed. R. Civ. P. 42; whether there is a need for a conference to discuss coordination of the two cases (or anything else); and anything else the parties think appropriately bears on the Court's management of the cases going forward. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/4/21) (yv)
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Filing 184
ORDER with respect to #178 LETTER MOTION for Conference regarding discovery dispute; and #180 LETTER MOTION to Seal/File Ex Parte Declaration. Upon review of the parties' papers, the Court concludes that it might benefit from hearing the views of the Department of Justice with respect to #180 Bank of America's motion for leave to file its declaration on an ex parte basis. Accordingly, no later than June 4, 2021, counsel for Bank of America shall electronically serve a copy of this Order, along with all of the parties' submissions - including the underlying letter motion and response, as well as the ex parte declaration (which is unsealed for the limited purpose of allowing it to be served in accordance with this Order) - on the relevant counsel at the Department of Justice. (For avoidance of doubt, the submissions to be served appear at ECF Nos. 178, 179, 180, 181, 182, 183 - and include any attachments thereto.) By the same date, Bank of America shall file confirmation of such service on the docket. The Court invites the Department of Justice to file a letter brief, not to exceed three pages and no later than June 8, 2021, expressing its views on the motion to file the declaration on an ex parte basis. Mindful of the presumption in favor of public access to judicial documents, the Department of Justice should endeavor to draft any letter brief in a manner that can be filed publicly to the maximum extent possible, but may seek leave to file it under seal or in redacted form if appropriate. In the meantime, the Court reserves judgment on the two pending motions. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 183
LETTER REPLY to Response to Motion addressed to Judge Jesse M. Furman from David S. Lesser dated June 1, 2021 re: #180 LETTER MOTION to Seal /File Ex Parte Declaration, addressed to Judge Jesse M. Furman from David Sapir Lesser dated May 27, 2021. . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Lesser, David)
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Filing 182
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from William C. Carmody, David H. Wollmuth & Daniel L. Brockett dated May 28, 2021 re: #180 LETTER MOTION to Seal /File Ex Parte Declaration, addressed to Judge Jesse M. Furman from David Sapir Lesser dated May 27, 2021. . Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Carmody, William)
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Filing 181
***EX-PARTE***DECLARATION re: #179 Response in Opposition to Motion, #180 LETTER MOTION to Seal /File Ex Parte Declaration, addressed to Judge Jesse M. Furman from David Sapir Lesser dated May 27, 2021. . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A - Ex Parte)Motion or Order to File Under Seal: #180 .(Lesser, David)
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Filing 180
LETTER MOTION to Seal /File Ex Parte Declaration, addressed to Judge Jesse M. Furman from David Sapir Lesser dated May 27, 2021. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Lesser, David)
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Filing 179
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from David Sapir Lesser dated May 27, 2021 re: #178 LETTER MOTION for Conference regarding discovery dispute addressed to Judge Jesse M. Furman from William C. Carmody dated May 24, 2021. . Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Lesser, David)
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Filing 178
LETTER MOTION for Conference regarding discovery dispute addressed to Judge Jesse M. Furman from William C. Carmody dated May 24, 2021. Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B, #3 Exhibit Exh. C).(Carmody, William)
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Filing 177
NOTICE OF APPEARANCE by Cealagh P Fitzpatrick on behalf of Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Fitzpatrick, Cealagh)
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Filing 176
ORDER granting #175 Motion to Withdraw as Attorney. The Motion of Jeremy M. Amar-Dolan for Leave to Withdraw as counsel for Defendants Wells Fargo Bank, N.A.; Wachovia Bank, N.A.; Wells Fargo Funds Management, LLC; and Wells Fargo Securities LLC, and for Jeremy M. Amar-Dolan to be removed from this action's CM/ECF service list, is GRANTED. SO ORDERED. The Clerk of Court is directed to terminate ECF No. 175. Attorney Jeremy Michael Amar-Dolan terminated. (Signed by Judge Jesse M. Furman on 5/12/2021) (va)
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Filing 175
MOTION for Jeremy M. Amar-Dolan to Withdraw as Attorney . Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Proposed Order).(Amar-Dolan, Jeremy)
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Filing 174
JOINT ORDER GOVERNING THE PRODUCTION OF DISCOVERY MATERIAL: The Parties stipulate as follows with respect to the production of paper Documents and Electronically Stored Information ("ESI"): (As further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 5/5/2021) (va)
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Filing 173
PROPOSED STIPULATION AND ORDER. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Sawyer, Laura)
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Filing 172
NOTICE OF APPEARANCE by Jeehee Yang on behalf of Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc...(Yang, Jeehee)
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Filing 171
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Mohney, Seth)
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Filing 170
ORDER denying without prejudice #164 Letter Motion for Conference. Plaintiffs' motion is denied substantially for the reasons set forth in #166 Defendants' response - namely, that the evidence at issue is only marginally relevant and, to the extent it is relevant, the burdens of collecting and reviewing it are disproportionate to the needs of the case given the likelihood that the agreed-upon custodians will suffice. Accordingly, and in accordance with the final paragraph of Defendants' letter, the letter motion is denied without prejudice to renewal at a later date for good cause shown. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 169
NOTICE OF APPEARANCE by Randall R. Rainer on behalf of City of Philadelphia..(Rainer, Randall)
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Filing 168
ORDER granting #167 Motion for Brandon R. Gould to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 167
MOTION for Brandon R. Gould to Appear Pro Hac Vice (corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 DC Certificate of Good Standing, #2 VA Certificate of Good Standing, #3 Proposed Order, #4 Declaration in Support of Motion).(Gould, Brandon)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #167 MOTION for Brandon R. Gould to Appear Pro Hac Vice (corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 166
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Defendants dated March 22, 2021 re: #164 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, and William Christopher Carmody dated March 16, 2021. . Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Wick, Robert)
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Filing 165
NOTICE OF APPEARANCE by Staci Lynn Yablon on behalf of Goldman Sachs & Co. LLC..(Yablon, Staci)
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Filing 164
LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, and William Christopher Carmody dated March 16, 2021. Document filed by City of Philadelphia, Mayor and City Council of Baltimore..(Carmody, William)
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Filing 163
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brandon Robert Gould to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24256519. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing - DC, #2 Exhibit Certificate of Good Standing - Virginia, #3 Text of Proposed Order Proposed Order, #4 Exhibit Declaration in Support).(Gould, Brandon) Modified on 3/16/2021 (vba).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #163 MOTION for Brandon Robert Gould to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24256519. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF VA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
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Filing 162
ORDER granting #161 Motion for Seth A. Mohney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 161
MOTION for Seth A. Mohney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24236545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 NY Certificate of Good Standing, #2 DC Certificate of Good Standing, #3 Proposed Order, #4 Declaration in Support of Motion).(Mohney, Seth)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #161 MOTION for Seth A. Mohney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24236545. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 160
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 3/3/21) (yv)
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Filing 159
PROPOSED PROTECTIVE ORDER. Document filed by Mayor and City Council of Baltimore..(Carmody, William)
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Filing 158
NOTICE OF APPEARANCE by Tamar Lusztig on behalf of Mayor and City Council of Baltimore..(Lusztig, Tamar)
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Filing 157
NOTICE OF APPEARANCE by Julia C Pilcer on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Pilcer, Julia)
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Filing 156
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF JONATHAN G. CEDARBAUM AS COUNSEL OF RECORD AND ORDER. ENDORSEMENT: SO ORDERED., (Attorney Jonathan Cedarbaum terminated.) (Signed by Judge Jesse M. Furman on 1/5/21) (yv)
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Filing 155
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Cedarbaum, Jonathan)
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Filing 154
ORDER re: (151 in 1:19-cv-01608-JMF, 45 in 1:19-cv-02667-JMF) Order. In an Order dated December 8, 2020, the Court identified several parties it believed to be listed on the docket as Defendants in error and ordered any party that believed otherwise to file a letter to that effect no later than December 11, 2020. See ECF No. 151.1 No such letter was filed. In light of that, and for the reasons stated in the Court's December 8 Order, the Clerk of Court is directed to terminate (1) JPMorgan Chase, N.A. (not JPMorgan Chase Bank, N.A.); (2) BMO Financial Group; (3) BMO Financial Corp.; (4) BMO Capital Markets Corp.; and (5) BMO Capital Markets Gkst Inc. as Defendants in this case. SO ORDERED. BMO Financial Corp., BMO Financial Group, JPMorgan Chase, N.A., BMO Capital Markets Corp and BMO Capital Markets Gkst Inc. terminated. (Signed by Judge Jesse M. Furman on 12/14/2020) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF (kv)
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Filing 153
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c).The parties are free to withhold consent without adverse substantive consequences. Motions due by 8/23/2021. Fact Discovery due by 12/3/2021. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 4 weeks. Pretrial Conference set for 6/17/2021 at 03:00 PM before Judge Jesse M. Furman. The initial pretrial conference currently scheduled for December 17, 2020 is CANCELLED. The parties should note the date of the next pretrial conference on the prior page. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/20) (yv)
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Filing 152
JOINT LETTER addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, and William Christopher Carmody dated December 10, 2020 re: Pursuant to the Courts November 2 Order (ECF No. 137). Document filed by City of Philadelphia. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brockett, Daniel)
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Filing 151
ORDER. Upon review of the docket, the Court believes that are several entities currently listed as Defendants in error. In particular, (1) the Court assumes that the party listed as "JPMorgan Chase, N.A." is duplicative of JPMorgan Chase Bank, N.A., which filed an answer on December 7, 2020, see ECF No. 142;1 and (2) the Court believes that BMO Financial Group, BMO Financial Corp., BMO Capital Markets Corp, and BMO Capital Markets Gkst Inc. should no longer be listed as active Defendants because they were not named in the operative Amended Complaint, ECF No. 107. Any party that believes the Court is mistaken, or that the above-mentioned parties should in fact be listed as Defendants in this case, shall file a letter to that effect no later than December 11, 2020. Absent such a letter, the Court will direct the Clerk to terminate the above-mentioned parties as Defendants in this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/20) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF (yv)
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Filing 150
ANSWER to #107 Amended Complaint,,,. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Lesser, David)
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Filing 149
ANSWER to #107 Amended Complaint,,, with JURY DEMAND. Document filed by Goldman Sachs & Co. LLC..(Sperling, Robert)
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Filing 148
ANSWER to #107 Amended Complaint,,,. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC..(Hakki, Adam)
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Filing 147
ANSWER to #107 Amended Complaint,,,. Document filed by RBC Capital Markets LLC, Royal Bank of Canada..(Frackman, Andrew)
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Filing 146
ANSWER to #107 Amended Complaint,,,. Document filed by Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc...(Buergel, Susanna)
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Filing 145
ANSWER to #107 Amended Complaint,,,. Document filed by Wells Fargo Funds Management, LLC..(Sawyer, Laura)
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Filing 144
ANSWER to #107 Amended Complaint,,,. Document filed by Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Securities LLC..(Sawyer, Laura)
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Filing 143
ANSWER to #107 Amended Complaint,,,. Document filed by Barclays Bank PLC, Barclays Capital Inc...(Bershteyn, Boris)
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Filing 142
ANSWER to #107 Amended Complaint,,,. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 141
ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. (Signed by Judge Jesse M. Furman on 12/7/2020) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF (jwh)
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Filing 140
NOTICE OF APPEARANCE by Laura W. Sawyer on behalf of Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC..(Sawyer, Laura)
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Filing 139
ORDER granting #138 Letter Motion for Extension of Time to Answer. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 138. J.P. Morgan Securities LLC answer due 12/7/2020; JPMorgan Chase Bank N.A. answer due 12/7/2020 (Signed by Judge Jesse M. Furman on 11/13/2020) (cf)
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Filing 138
JOINT LETTER MOTION for Extension of Time to File Answer re: #107 Amended Complaint,,, addressed to Judge Jesse M. Furman from Robert D. Wick dated November 13, 2020. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A...(Wick, Robert)
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Filing 137
NOTICE OF INITIAL PRETRIAL CONFERENCE: All parties shall appear for an initial pretrial conference with the Court on December 17, 2020 at 2:30 p.m. In light of the COVID-19 situation, the conference is likely to be conducted telephonically; the Court will issue an order a week or two before regarding how the conference will be held. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at http://nysd.uscourts.gov/ecf_filing.php. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. he parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference.The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 12/17/2020 at 02:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/2/20) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF (yv)
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Filing 136
OPINION AND ORDER re: (123 in 1:19-cv-01608-JMF) JOINT MOTION to Dismiss filed by Barclays Capital Inc., Bank of America Corporation, Wells Fargo Bank, N.A., Morgan Stanley Smith Barney LLC, Royal Bank of Canada, Wells Fargo Funds Management, LLC, RBC Capital Markets LLC, Wells Fargo Securities LLC, Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Bank PLC, Morgan Stanley, Citigroup Global Markets Limited, JPMorgan Chase Bank N.A., Citigroup Global Markets Inc., Banc of America Securities LLC, J.P. Morgan Securities LLC, Goldman Sachs & Co. LLC, Wachovia Bank, N.A., Morgan Stanley Capital Group Inc., Citibank N.A., Bank of America, N.A., Citigroup, Inc., Wells Fargo & Co. In sum, Defendants' motion to dismiss Plaintiffs' claims is GRANTED in part andDENIED in part. In particular, the Court holds as follows: Defendants' motion is denied with respect to Plaintiffs' federal antitrust claims; Defendants' motion is denied with respect to Plaintiffs' breach-of-contract claims against the Counterparty Defendants, and granted with respect to the breach-of-contract claims against the Non-Counterparty Defendants, Morgan Stanley, and the Morgan Stanley Associates; Defendants' motion is denied with respect to Baltimore's breach of fiduciary duty claims against Defendant Citigroup Global Markets Inc. but granted with respect to all other breach of fiduciary duty claims; and Defendants' motion is granted with respect to the unjust enrichment claims against all Defendants. Further, the Court declines to grant Plaintiffs leave to amend their dismissed claims, which they request - but only in passing and in a footnote. Pls.' Opp'n 50 n.27. Although leave to amend a complaint should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), it is "within the sound discretion of the district court to grant or deny leave to amend," Ahmed v. GEO USA LLC, No. 15-CV-7486 (JMF), 2015 WL 1408895, at *5 (S.D.N.Y. Mar. 27, 2015) (quoting McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007)). The problems with the dismissed claims are largely, if not entirely, substantive, so amendment would be futile. See, e.g., Maragh v. Roosevelt Island Operating Corp., No. 16-CV-7530 (JMF), 2018 WL 6573452, at *6 (S.D.N.Y. Dec. 13, 2018); Croft v. AXA Equitable Life Ins. Co., No. 17-CV-9355 (JMF), 2018 WL 4007646, at *5 (S.D.N.Y. Aug. 22, 2018). Furthermore, Plaintiffs were on notice of Defendants' arguments when they elected not to file an amended complaint in response to Defendants' motion to dismiss, and Plaintiffs were expressly warned that they would "not be given any further opportunity" to amend the Complaint. ECF No. 126. In light of these circumstances, the Court will not grant leave to amend. See, e.g., Overby v. Fabian, No. 17-CV-3377 (CS), 2018 WL 3364392, at *14 (S.D.N.Y. July 10, 2018) ("Plaintiff's failure to fix deficiencies in his previous pleading, after being provided ample notice of them, is alone sufficient ground to deny leave to amend sua sponte."); see also Nat'l Credit Union Admin. Bd. v. U.S. Bank Nat'l Ass'n, 898 F.3d 243, 257-58 (2d Cir. 2018) ("When a plaintiff was aware of the deficiencies in his complaint when he first amended, he clearly has no right to a second amendment even if the proposed second amended complaint in fact cures the defects of the first." (alteration and internal quotation marks omitted)). Unless and until the Court orders othe1wise, Defendants shall file an answer with respect to Plaintiffs' remaining claims within three weeks of this Order. By separate Order, the Court will schedule an initial pretrial conference for some time thereafter. The Clerk of Court is directed to terminate ECF No. 123. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2020) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF (mml)
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Filing 135
NOTICE OF CHANGE OF ADDRESS by Lara A. Flath on behalf of Barclays Bank PLC, Barclays Capital Inc.. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001-8602,..(Flath, Lara)
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Filing 134
REPLY MEMORANDUM OF LAW in Support re: #123 JOINT MOTION to Dismiss . . Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Wick, Robert)
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Filing 133
MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS ATTORNEY: granting #131 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No.131. SO ORDERED. Attorney Ian Thomas Hampton terminated. (Signed by Judge Jesse M. Furman on 10/11/2019) (ama)
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Filing 132
DECLARATION of Ian T. Hampton in Support re: #131 MOTION for Ian T. Hampton to Withdraw as Attorney .. Document filed by Goldman Sachs & Co. LLC. (Hampton, Ian)
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Filing 131
MOTION for Ian T. Hampton to Withdraw as Attorney . Document filed by Goldman Sachs & Co. LLC.(Hampton, Ian)
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Filing 130
MEMORANDUM OF LAW in Opposition re: #123 JOINT MOTION to Dismiss . . Document filed by City of Philadelphia, Mayor and City Council of Baltimore. (Brockett, Daniel)
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Filing 129
LETTER addressed to Judge Jesse M. Furman from Daniel L. Brockett, David H. Wollmuth, William Christopher Carmody dated August 29, 2019 re: : the Courts July 31, 2019 Order (Dkt. 126). Document filed by City of Philadelphia.(Brockett, Daniel)
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Filing 128
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation for Bank of America, N.A.; Corporate Parent NB Holdings Corporation, Corporate Parent Bank Of America Corporation for Merrill Lynch, Pierce, Fenner & Smith Incorporated; Other Affiliate Berkshire Hathaway Inc. for Bank of America Corporation. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Lesser, David)
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Filing 127
ORDER REGARDING SUBMISSION OF ELECTRONIC COURTESY COPIES: With respect to the Defendants' Motion to Dismiss, the parties shall adhere to the following procedure for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). No later than two business days after the final filing, the moving party shall submit electronic courtesy copies of all motion papers in electronic folders titled with the docket number of the relevant motion in brackets followed by a description of the motion (e.g., " #123 Defendants' Motion to Dismiss"). The folder shall contain: 1. Unredacted, text-searchable PDFs of (1) any pleading to which the motion relates (e.g., the operative complaint); (2) the notice of motion; and (3) the moving, opposition, and reply memoranda of law, each of which should be named with the docket number of the document in brackets followed by a description of the file (e.g., " #124 Joint Memorandum of Law in Support". (As further set forth in this order.) (Signed by Judge Jesse M. Furman on 8/1/2019) (ks)
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Filing 126
ORDER: On July 30, 2019, Defendants filed a joint motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Pursuant to the Stipulation and Order dated May 9, 2019, Plaintiffs shall advise Defendants if they plan to amend their Complaint no later than August 29, 2019. See ECF No. 100; see also Fed. R. Civ. P. 15(a)(1)(B). Plaintiffs will not be given any further opportunity to amend the complaint to address the issues raised by the motion to dismiss. No later than August 29, 2019, Plaintiffs shall also advise the Court if they plan to amend their complaint. If Plaintiffs do plan to amend, then no later than seven days after they provide such notice to the Court and Defendants, the parties shall file a proposed stipulation and order with deadlines for the filing of the amended complaint and for Defendants to answer or otherwise move with respect to the amended complaint. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. (Signed by Judge Jesse M. Furman on 7/31/2019) (ne)
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Filing 125
DECLARATION of Andrew A. Ruffino in Support re: #123 JOINT MOTION to Dismiss .. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit 1- Gas Works VRDO LOC, #2 Exhibit 2- Rosenberg v. JPMorgan Chase, #3 Exhibit 3- Edelweiss Fund v. JPMorgan Chase, #4 Exhibit 4- Gas Works VRDO RMA, #5 Exhibit 5- Consol. Pub. Improv. VRDO Am. RMA, #6 Exhibit 6- Gas Works VRDO First Am. to RMA)(Wick, Robert)
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Filing 124
JOINT MEMORANDUM OF LAW in Support re: #123 JOINT MOTION to Dismiss . . Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Wick, Robert)
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Filing 123
JOINT MOTION to Dismiss . Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC.(Wick, Robert)
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Filing 122
ORDER granting #121 Letter Motion for Leave to File Excess Pages. Defendants and Plaintiffs are granted up to 50 pages for their principal briefs and Defendants are granted up to 20 pages for their reply brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 121
JOINT LETTER MOTION for Leave to File Excess Pages for Defendants' Motion to Dismiss addressed to Judge Jesse M. Furman from David S. Lesser; Boris Bershteyn; Kenneth A. Gallo; Robert Y. Sperling; Robert D. Wick; Adam S. Hakki; Andrew J. Frackman; Michael P. Conway dated July 22, 2019. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A..(Wick, Robert)
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Filing 120
NOTICE OF CHANGE OF ADDRESS by Lara A Flath on behalf of Barclays Bank PLC, Barclays Capital Inc.. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, NY, 10036, 212-735-3000. (Flath, Lara)
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Filing 119
STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL OF DEFENDANT WELLS FARGO & CO.: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. Pursuant to Federal Rule of Civil Procedure 41(a)(l), Plaintiffs hereby voluntarily dismiss all claims against Defendant Wells Fargo & Co. without prejudice to their inclusion in this case at a later time should evidence arise in discovery or otherwise that reveals information contrary to the above-referenced representations of counsel, and the Parties agree that any statute of limitations, statute of repose, or other time-related defense or claim shall be tolled as to Defendant Wells Fargo & Co. as if the claims were filed on February 20, 2019. SO ORDERED. The Clerk of Court is directed to terminate Defendant Wells Fargo & Co. Wells Fargo & Co. terminated. (Signed by Judge Jesse M. Furman on 6/17/2019) (jca)
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Filing 118
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 117
ORDER denying #113 Letter Motion for Conference. Upon review of the parties' letters, see also Docket No. #116 , the Court sees no need for a conference. Plaintiffs fail to show good cause to modify the agreed-upon and so-ordered stipulation staying all discovery (other than, possibly, jurisdictional discovery in the event that any Defendant moves to dismiss pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure) "pending resolution of any motion(s) to dismiss." Docket No. #85 , Paragraph 6. The Court need not and does not decide whether the discovery Plaintiffs seek would have been appropriate at this time in the absence of the stipulation. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 116
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Susanna Buergel dated June 14, 2019 re: #113 LETTER MOTION for Conference addressed to Judge Jesse M. Furman from William Christopher Carmody; David H. Wollmuth; Daniel L. Brockett dated June 11, 2019. . Document filed by Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc.. (Buergel, Susanna)
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Filing 115
NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc.. (Karp, Brad)
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Filing 114
ORDER with respect to #113 Letter Motion for Conference. Defendants shall jointly file any opposition to Plaintiffs' letter motion, not to exceed three pages, by Friday, June 14, 2019, at noon. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 113
LETTER MOTION for Conference addressed to Judge Jesse M. Furman from William Christopher Carmody; David H. Wollmuth; Daniel L. Brockett dated June 11, 2019. Document filed by City of Philadelphia, Mayor and City Council of Baltimore.(Carmody, William)
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Filing 112
STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL OF DEFENDANT JPMORGAN CHASE & CO.: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1.Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs hereby voluntarily dismiss all claims against Defendant JPMorgan Chase & Co. without prejudice to their inclusion in this case at a later time should evidence arise in discovery or otherwise that reveals information contrary to the above- referenced representations of counsel, and the Parties agree that any statute of limitations, statute of repose, or other time-related defense or claim shall be tolled as to Defendant JPMorgan Chase & Co. as if the claims were filed on February 20, 2019. SO ORDERED. The Clerk of Court is directed to terminate Defendant JPMorgan Chase & Co. (Signed by Judge Jesse M. Furman on 6/7/2019) JPMorgan Chase & Co. terminated. (ks)
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Filing 111
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 110
ORDER: The Court inadvertently directed the Clerk of Court to terminate Goldman Sachs & Co. LLC (in addition to Goldman Sachs Group, Inc., which is properly terminated pursuant to the parties' stipulation, see Docket No. 108). Accordingly, the Clerk of Court is directed to VACATE the Court's endorsement at Docket No. 108 with regard to Goldman Sachs & Co., LLC, solely and to reinstate Goldman Sachs & Co. LLC as a party. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/03/2019) (ama)
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Filing 109
STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL OF DEFENDANTS FIFTH THIRD BANCORP., FIFTH THIRD BANK, AND FIFTH THIRD SECURITIES, INC.: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff hereby voluntarily dismisses all claims against Defendants Fifth Third Bancorp., Fifth Third Bank, and Fifth Third Securities, Inc., without prejudice to their inclusion at a later time, and the Parties agree that any statute of limitations, statute of repose, or other time- related defense or claim shall be tolled as to Defendants Fifth Third Bancorp., Fifth Third Bank, and Fifth Third Securities, Inc. as if the claims were filed on March 26, 2019. 2. Counsel for the Fifth Third Defendants will accept service of any subpoena for third-party discovery in the above-captioned action and will not object to participation in third-party discovery as a general matter. The Clerk of Court is directed to terminate Fifth Third Bancorp., Fifth Third Bank, and Fifth Third Securities, Inc., as defendants. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 6/3/2019) Fifth Third Securities, Inc., Fifth Third Bancorp and Fifth Third Bank terminated. (ks)
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Filing 108
Vacated as per Judge's Order dated 6/03/2019, Doc. # 110, with regard to Goldman Sachs & Co., LLC solely. STIPULATION AND ORDER REGARDING VOLUNTARY DISMISSAL OF DEFENDANT THE GOLDMAN SACHS GROUP, INC.: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: Pursuant to Federal 1. Rule of Civil Procedure 41(a)(1), Plaintiffs hereby voluntarily dismiss all claims against Defendant The Goldman Sachs Group, Inc., without prejudice to their inclusion at a later time should evidence arise in discovery or otherwise that reveals information contrary to the above-referenced representations of counsel, and the Parties agree that any statute of limitations, statute of repose, or other time-related defense or claim shall be tolled as to Defendant The Goldman Sachs Group, Inc. as if the claims were filed on February 20, 2019, the filing date of the Philadelphia Complaint. The Clerk of Court is directed to terminate the Goldman Sachs Group, Inc. and Goldman Sachs & Co. LLC as defendants. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 6/3/2019) Goldman Sachs Group, Inc. terminated. (ks) Modified on 6/3/2019 (ama). Modified on 6/3/2019 (ama). Modified on 6/3/2019 (ama).
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Filing 107
AMENDED COMPLAINT amending #4 Complaint,, against Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC with JURY DEMAND.Document filed by City of Philadelphia, Mayor and City Council of Baltimore. Related document: #4 Complaint,,.(Brockett, Daniel)
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Filing 106
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 105
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, without prejudice against the defendant(s) Fifth Third Bancorp, Fifth Third Bank, Fifth Third Securities, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mayor and City Council of Baltimore. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Ard, Seth)
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Filing 104
FILING ERROR - DEFICIENT DOCKET ENTRY - 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, without prejudice against the defendant(s) Goldman Sachs Group, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by City of Philadelphia. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Brockett, Daniel) Modified on 5/31/2019 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Daniel Brockett. RE-FILE Document No. #104 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. (km)
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Filing 103
ORDER granting #102 Motion for Robert Y. Sperling to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 MOTION for Robert Y. Sperling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16873829. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 102
MOTION for Robert Y. Sperling to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16873829. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc.. (Attachments: #1 Declaration of Robert Y. Sperling, with Certificate, #2 Text of Proposed Order)(Sperling, Robert)
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Filing 101
ORDER REGARDING DUTIES AND RESPONSIBILITIES OF INTERIM CO-LEAD CLASS COUNSEL: IT IS HEREBY ORDERED, that Interim Co-Lead Class Counsel shall take steps to coordinate among themselves to ensure that they work collaboratively, but not duplicatively, in their representation of plaintiffs and the putative Class, as follows: Primary drafting of any pleading and brief shall be assigned to a single firm, with input as necessary by the other Interim Co-Lead firms; Primary responsibility for any discovery requests shall be assigned to a single firm, with input as necessary by the other Interim Co-Lead firms; Primary responsibility for the Defendants shall be divided among the three firms for all tasks including all discovery; Quinn Emanuel Urquhart & Sullivan LLP shall be responsible for liaising with named Plaintiff the City of Philadelphia concerning the litigation, and Susman Godfrey LLP shall be responsible for liaising with named Plaintiff the Mayor and City Council of Baltimore (As further set forth in this order) (Signed by Judge Jesse M. Furman on 5/13/2019) (ne)
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Filing 100
STIPULATION AND ORDER REGARDING SERVICE AND TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: Plaintiffs shall file a consolidated complaint no later than May 31, 2019. Defendants shall answer, move, or otherwise respond to the consolidated complaint by July 30, 2019. Except as provided in paragraph 3, Plaintiffs will file their opposition(s) to any motion(s) to dismiss no later than September 30, 2019; and Defendants will file their reply (or replies) to Plaintiffs' opposition(s) no later than November 14, 2019. If Plaintiffs elect to amend the consolidated complaint in response to the filing of any motion(s) to dismiss, they shall notify Defendants no later than August 29, 2019. At that point, the parties shall meet and confer in good faith with regard to a new schedule in this action. SO ORDERED. (Amended Pleadings due by 5/31/2019. Responses due by 9/30/2019, Replies due by 11/14/2019.) (Signed by Judge Jesse M. Furman on 5/9/2019) (ne)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #98 Proposed Order was reviewed and approved as to form. (km)
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Filing 99
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 98
PROPOSED ORDER. Document filed by City of Philadelphia. (Brockett, Daniel) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 97
ORDER granting #88 Motion to Appoint Counsel. The unopposed motion to appoint Quinn Emanuel Urquhart & Sullivan, LLP, Wollmuth Maher & Deutsch LLP, and Susman Godfrey LLP as Interim Co-Lead Class Counsel filed at Docket No. 88 is GRANTED, substantially for the reasons set forth in the supporting memorandum of law, and notwithstanding the Court's concerns about the need to appoint three firms instead of one (or two). Per the Court's Order of April 15, 2019, see Docket No. 85, Co-Lead Class Counsel and counsel for Defendants shall submit a stipulation and proposed order regarding the filing of a consolidated complaint and motions to dismiss within seven days of the entry of this Order. The Clerk of Court is directed to terminate Docket No. 88. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/1/2019) (ne)
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Filing 96
ORDER granting #93 Motion for Christian T. Kemnitz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 95
ORDER granting #91 Motion for Katherine M. Peaslee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 94
ORDER granting #87 Motion for Michael P. Conway to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #93 MOTION for Christian T. Kemnitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16759761. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 93
MOTION for Christian T. Kemnitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16759761. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group. (Attachments: #1 Affidavit Of Christian T. Kemnitz In Support, #2 Certificate Of Good Standing, #3 Proposed Order)(Kemnitz, Christian)
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Filing 92
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Morgan Stanley. Document filed by Morgan Stanley.(Hakki, Adam)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam Selim Hakki to RE-FILE Document #83 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)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #91 Lp_prefix_1 MOTION for Katherine M. Peaslee 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)
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Filing 91
Lp_prefix_1 MOTION for Katherine M. Peaslee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 WA Certificate of Good Standing, #2 CA Certificate of Good Standing, #3 Text of Proposed Order, #4 Affidavit)(Peaslee, Katherine)
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Filing 90
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Piper Jaffray Companies for BMO Capital Markets Gkst Inc.. Document filed by BMO Capital Markets Gkst Inc..(Goldberg, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for Michael P. Conway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16709340. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David L Goldberg to RE-FILE Document #71 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)
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Filing 89
DECLARATION of Daniel L. Brockett; David H. Wollmuth; and William C. Carmody in Support re: #88 MOTION to Appoint Counsel / Application to Appoint Quinn Emanuel Urquhart & Sullivan, LLP, Wollmuth Maher & Deutsch LLP, and Susman Godfrey LLP, Interim Co-Lead Counsel.. Document filed by City of Philadelphia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Brockett, Daniel)
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Filing 88
MOTION to Appoint Counsel / Application to Appoint Quinn Emanuel Urquhart & Sullivan, LLP, Wollmuth Maher & Deutsch LLP, and Susman Godfrey LLP, Interim Co-Lead Counsel. Document filed by City of Philadelphia.(Brockett, Daniel)
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Filing 87
MOTION for Michael P. Conway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16709340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Attachments: #1 Affidavit of Michael P. Conway, #2 Illinois Certificate of Good Standing, #3 Text of Proposed Order)(Conway, Michael)
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Filing 86
NOTICE OF APPEARANCE by Ronald Judah Aranoff on behalf of City of Philadelphia. (Aranoff, Ronald)
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Filing 85
STIPULATION AND ORDER REGARDING SERVICE AND TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: Any additional complaint filed in this district containing substantially similar allegations as those in this consolidated action and that is marked as related to this consolidated action and accepted by the Court as such (a "Subsequent Action") shall also be consolidated under Case No. 19-cv-1608 (JMF). The Court will consider motions seeking appointment for interim lead counsel under Fed. R. Civ. P. 23(g)(3). Such motions shall be filed by April 16, 2019. Any responses to such motions shall be filed by April 19, 2019, and as further set forth in this Order. SO ORDERED. (Motions due by 4/16/2019, Responses due by 4/19/2019) (Signed by Judge Jesse M. Furman on 4/15/2019) (jca)
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Filing 84
ORDER granting #78 Motion for Jeremy D. Andersen to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Jeremy D. Andersen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16684786. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 83
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Capital Management, LLC, Corporate Parent Morgan Stanley for Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC.(Hakki, Adam)
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Filing 82
NOTICE OF APPEARANCE by Grace Jheeyoung Lee on behalf of Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC. (Lee, Grace)
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Filing 81
NOTICE OF APPEARANCE by John F. Cove, Jr on behalf of Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC. (Cove, John)
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Filing 80
NOTICE OF APPEARANCE by Adam Selim Hakki on behalf of Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Capital Group Inc., Morgan Stanley Smith Barney LLC. (Hakki, Adam)
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Filing 79
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 78
MOTION for Jeremy D. Andersen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16684786. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Philadelphia. (Attachments: #1 Declaration of Jeremy D. Andersen, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Andersen, Jeremy)
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Filing 77
SUMMONS RETURNED EXECUTED. Fifth Third Bancorp served on 3/29/2019, answer due 4/19/2019. Service was accepted by LORI KING/ authorized agent/legal dept.. Document filed by Mayor and City Council of Baltimore. (Carmody, William)
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Filing 76
SUMMONS RETURNED EXECUTED. Fifth Third Bank served on 3/29/2019, answer due 4/19/2019. Service was accepted by LORI KING, authorized agent/legal dept.. Document filed by Mayor and City Council of Baltimore. (Carmody, William)
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Filing 75
SUMMONS RETURNED EXECUTED. Fifth Third Securities, Inc. served on 3/29/2019, answer due 4/19/2019. Service was accepted by LORI KING/ authorized agent/legal dept.. Document filed by Mayor and City Council of Baltimore. (Carmody, William)
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Filing 74
SUMMONS RETURNED EXECUTED. Banc of America Securities LLC served on 3/29/2019, answer due 4/19/2019. Service was accepted by KATHY PEISCHEL/LEGAL. Document filed by Mayor and City Council of Baltimore. (Carmody, William)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #73 MOTION for Katherine M. Peaslee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16675407. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the certificate of good standing must be issued by the Supreme Court of California. The proposed order is missing the statement: never been convicted of a felony pursuant to local rule 1.3.; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
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Filing 73
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katherine M. Peaslee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16675407. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Certificate of Good Standing Washington, #2 Certificate of Good Standing California, #3 Text of Proposed Order, #4 Affidavit)(Peaslee, Katherine) Modified on 4/12/2019 (ma).
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Filing 72
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BMO Financial Group.(Goldberg, David)
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Filing 71
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Bank of Montreal for BMO Financial Corp.; Other Affiliate Piper Jaffray & Co. for BMO Capital Markets Gkst Inc.; Other Affiliate BMO Financial Corp. for BMO Capital Markets Corp. Document filed by BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp..(Goldberg, David)
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Filing 70
NOTICE OF APPEARANCE by David L Goldberg on behalf of BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group. (Goldberg, David)
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Filing 69
NOTICE OF APPEARANCE by Sarah Katherine Weber on behalf of BMO Capital Markets Corp, BMO Capital Markets Gkst Inc., BMO Financial Corp., BMO Financial Group. (Weber, Sarah)
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Filing 68
CONSOLIDATION ORDER: On March 25, 2019, Plaintiff in Mayor and City Council of Baltimore v. Bank of America Corp., No. 19-CV-2667, filed an affirmation stating that this case was related to City of Philadelphia v. Bank of America, NA, No. 19-CV-1608. See 19-CV-2667, Docket No. 3. On March 28, 2019, the Court ordered that any counsel in the above captioned cases was to submit any objection to consolidation of these cases by April 4, 2019. See 19-CV-1608, Docket No. 58; 19-CV-2667, Docket No. 7. No counsel objected to consolidation. Accordingly, the cases are hereby CONSOLIDATED for pre-trial purposes. (The Court will address whether consolidation for trial is warranted at a later date.) The Clerk of the Court is directed to consolidate these cases under the lead case, Docket No. 19-CV-1608, and to close 19-CV-2667. All future filings shall be on the 19-CV-1608 docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/5/2019) Filed In Associated Cases: 1:19-cv-01608-JMF, 1:19-cv-02667-JMF(rro)
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Filing 67
ORDER granting #66 Motion for Heather Steiner Nyong'o to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Heather Steiner Nyong'o to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16623385. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 66
MOTION for Heather Steiner Nyong'o to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16623385. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Declaration of Heather Steiner Nyong'o, #2 Certificate of Good Standing- California, #3 Text of Proposed Order)(Nyong'O, Heather)
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Filing 65
ORDER granting #64 Motion for Robert D. Wick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Robert D. Wick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16600397. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 64
MOTION for Robert D. Wick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16600397. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A.. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Exhibit 2 - Proposed Order, #3 Exhibit 3 - Declaration of Robert D. Wick)(Wick, Robert)
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Filing 63
ORDER granting #59 Motion for Jonathan G. Cedarbaum to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 62
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company, Other Affiliate Wells Fargo Securities LLC, Other Affiliate EVEREN Capital Corp, Other Affiliate Wells Fargo Bank, N.A., Other Affiliate Wells Fargo Fund Management, LLC, Other Affiliate Wells Fargo Asset Management Holdings, LLC for Wachovia Bank, N.A.; Corporate Parent Wells Fargo & Company, Other Affiliate EVEREN Capital Corp, Other Affiliate Wells Fargo Bank, N.A., Other Affiliate Wells Fargo Fund Management, LLC, Other Affiliate Wells Fargo Asset Management Holdings, LLC, Other Affiliate Wachovia Bank, N.A. for Wells Fargo Securities LLC; Corporate Parent Wells Fargo & Company, Other Affiliate Wells Fargo Securities LLC, Other Affiliate EVEREN Capital Corp, Other Affiliate Wells Fargo Fund Management, LLC, Other Affiliate Wells Fargo Asset Management Holdings, LLC, Other Affiliate Wachovia Bank, N.A. for Wells Fargo Bank, N.A.; Corporate Parent Wells Fargo & Company, Other Affiliate Wells Fargo Securities LLC, Other Affiliate EVEREN Capital Corp, Other Affiliate Wells Fargo Bank, N.A., Other Affiliate Wells Fargo Asset Management Holdings, LLC, Other Affiliate Wachovia Bank, N.A. for Wells Fargo Funds Management, LLC; Other Affiliate Wells Fargo Securities LLC, Other Affiliate EVEREN Capital Corp, Other Affiliate Wells Fargo Bank, N.A., Other Affiliate Wells Fargo Fund Management, LLC, Other Affiliate Wells Fargo Asset Management Holdings, LLC, Other Affiliate Wachovia Bank, N.A. for Wells Fargo & Co.. Document filed by Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC.(Tambe, Jayant)
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Filing 61
NOTICE OF APPEARANCE by Jeremy Michael Amar-Dolan on behalf of Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Amar-Dolan, Jeremy)
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Filing 60
NOTICE OF APPEARANCE by Jayant W. Tambe on behalf of Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Tambe, Jayant)
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Filing 59
MOTION for Jonathan G. Cedarbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16588604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Declaration of Jonathan Cedarbaum, #2 Certificate of Good Standing- District of Columbia, #3 Certificate of Good Standing- Maryland, #4 Text of Proposed Order)(Cedarbaum, Jonathan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #59 MOTION for Jonathan G. Cedarbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16588604. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 58
ORDER: The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by April 4, 2019. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. It is further ORDERED that Plaintiff City of Baltimore shall promptly serve a copy of this Order on each of the defendants in 19-CV-1608 and file proof of service on the docket. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 3/28/2019) (cf)
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Filing 56
ORDER granting #53 Motion for Sergei Zaslavsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 57
STIPULATION AND ORDER REGARDING SERVICE AND SETTING TIME FOR DEFENDANTS TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. The undersigned counsel for Defendants agree to accept service of process in the above-captioned lawsuit on behalf of their respective clients, expressly reserving the right to contest whether any party in the Complaint is properly named, and without waiver of any defenses, including those related to personal jurisdiction and venue. 2. The initial pretrial conference scheduled by the Court for April 1, 2019, is hereby adjourned. Should the Court wish to hold a conference, the parties will make themselves available on any date and time convenient to the Court. 3. Defendants' deadlines to answer, move, or otherwise respond to the Complaint are extended until May 1, 2019. Except as provided in paragraph 4, Plaintiff will file its opposition, to any such motion(s) to dismiss no later than July 1,2019; and, Defendants will file their reply (or replies) to Plaintiff's opposition no later than August 15, 2019, and as further set forth in this stipulation. (Banc of America Securities LLC answer due 5/1/2019; Bank of America Corporation answer due 5/1/2019; Bank of America, N.A. answer due 5/1/2019; Barclays Bank PLC answer due 5/1/2019; Barclays Capital Inc. answer due 5/1/2019; Citibank N.A. answer due 5/1/2019; Citigroup Global Markets Inc. answer due 5/1/2019; Citigroup Global Markets Limited answer due 5/1/2019; Citigroup, Inc. answer due 5/1/2019; Goldman Sachs & Co. LLC answer due 5/1/2019; Goldman Sachs Group, Inc. answer due 5/1/2019; J.P. Morgan Securities LLC answer due 5/1/2019; JPMorgan Chase & Co. answer due 5/1/2019; JPMorgan Chase Bank N.A. answer due 5/1/2019; Merrill Lynch, Pierce, Fenner & Smith Incorporated answer due 5/1/2019; RBC Capital Markets LLC answer due 5/1/2019; Royal Bank of Canada answer due 5/1/2019; Wachovia Bank, N.A. answer due 5/1/2019; Wells Fargo & Co. answer due 5/1/2019; Wells Fargo Bank, N.A. answer due 5/1/2019; Wells Fargo Funds Management, LLC answer due 5/1/2019; Wells Fargo Securities LLC answer due 5/1/2019. Motions due by 5/1/2019. Responses due by 7/1/2019. Replies due by 8/15/2019.) (Signed by Judge Jesse M. Furman on 3/21/2019) (jwh)
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Filing 55
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate JPMorgan Chase & Co. for J.P. Morgan Securities LLC, JPMorgan Chase Bank N.A.; Other Affiliate J.P. Morgan Securities LLC, Other Affiliate JPMorgan Chase Bank, N.A. for JPMorgan Chase & Co.. Document filed by J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A..(Ruffino, Andrew)
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Filing 54
NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A.. (Ruffino, Andrew)
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Filing 53
MOTION for Sergei Zaslavsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16539273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RBC Capital Markets LLC, Royal Bank of Canada. (Attachments: #1 Declaration of Sergei Zaslavsky, #2 Exhibit A - DC Certificate Of Good Standing, #3 Exhibit B - Maryland Certificate Of Good Standing, #4 Text of Proposed Order)(Zaslavsky, Sergei)
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Filing 52
ORDER granting #44 Motion for Lara A. Flath to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Sergei Zaslavsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16539273. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Colleen McMahon is no longer assigned to the case. (jc)
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Filing 51
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation for Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. Document filed by Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Lesser, David)
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Filing 50
NOTICE OF APPEARANCE by David Sapir Lesser on behalf of Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Lesser, David)
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Filing 49
NOTICE OF APPEARANCE by Edward Nathaniel Moss on behalf of RBC Capital Markets LLC, Royal Bank of Canada. (Moss, Edward)
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Filing 48
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Royal Bank of Canada.(Frackman, Andrew)
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Filing 47
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Royal Bank of Canada for RBC Capital Markets LLC. Document filed by RBC Capital Markets LLC.(Frackman, Andrew)
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Filing 46
NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of RBC Capital Markets LLC, Royal Bank of Canada. (Frackman, Andrew)
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Filing 45
NOTICE OF APPEARANCE by Brant Duncan Kuehn on behalf of City of Philadelphia. (Kuehn, Brant)
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Lewis A. Kaplan is no longer assigned to the case. (jc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Lara A. Flath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16507252. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 44
MOTION for Lara A. Flath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16507252. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Affidavit of Lara A. Flath in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1 - Certificate of Good Standing, #3 [Proposed]Order for Admission Pro Hac Vice)(Flath, Lara)
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Filing 43
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC, Corporate Parent Barclays Group US Inc., Corporate Parent Barclays US LLC, Corporate Parent BARCLAYS BANK PLC for Barclays Capital Inc.; Corporate Parent Barclays PLC for Barclays Bank PLC. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Bershteyn, Boris)
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Filing 42
NOTICE OF APPEARANCE by Mollie Melissa Kornreich on behalf of Barclays Bank PLC, Barclays Capital Inc.. (Kornreich, Mollie)
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Filing 41
NOTICE OF APPEARANCE by Boris Bershteyn on behalf of Barclays Bank PLC, Barclays Capital Inc.. (Bershteyn, Boris)
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Filing 40
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citigroup Financial Products Inc., Corporate Parent Citigroup Global Markets Holdings Bahamas Limited, Corporate Parent Citigroup, Corporate Parent Citigroup Global Markets Holdings Inc. for Citigroup Global Markets Limited; Corporate Parent Citicorp LLC, Corporate Parent Citigroup for Citibank N.A.; Corporate Parent No Parent Corp. for Citigroup, Inc.; Corporate Parent Citigroup Global Markets Holdings Inc, Corporate Parent Citigroup Financial Products Inc., Corporate Parent Citigroup for Citigroup Global Markets Inc.. Document filed by Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc..(Buergel, Susanna)
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Filing 39
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Goldman Sachs Group, Inc. for Goldman Sachs & Co. LLC. Document filed by Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc..(Mastoris, George)
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Filing 38
NOTICE OF APPEARANCE by Jane Baek O'Brien on behalf of Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc.. (O'Brien, Jane)
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Filing 37
NOTICE OF APPEARANCE by Susanna Michele Buergel on behalf of Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc.. (Buergel, Susanna)
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Filing 36
NOTICE OF APPEARANCE by Kenneth Anthony Gallo on behalf of Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc.. (Gallo, Kenneth)
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Filing 35
NOTICE OF APPEARANCE by Ian Thomas Hampton on behalf of Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc.. (Hampton, Ian)
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Filing 34
NOTICE OF APPEARANCE by George Eric Mastoris on behalf of Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc.. (Mastoris, George)
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Filing 33
PROPOSED STIPULATION AND ORDER. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 32
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Service was accepted by Shelbi Sullenberger / SOP Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 31
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Goldman Sachs & Co. LLC served on 2/25/2019, answer due 3/18/2019. Service was accepted by Joanne Cook / VP, Litigation & Regulatory. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 30
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Citibank N.A. served on 2/22/2019, answer due 3/15/2019. Service was accepted by Laura Kolker / Legal Support Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 29
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. RBC Capital Markets LLC served on 2/25/2019, answer due 3/18/2019. Service was accepted by Samantha Formosa / Paralegal. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 28
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Wells Fargo & Co. served on 2/22/2019, answer due 3/15/2019. Service was accepted by Omar Cordova / Manager. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 27
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Wachovia Bank, N.A. served on 2/22/2019, answer due 3/15/2019. Service was accepted by Omar Cordova / Manager. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 26
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Wells Fargo Funds Management, LLC served on 2/25/2019, answer due 3/18/2019. Service was accepted by Laura Armstrong - Compliance Consultant / Authorized Agent. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 25
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Wells Fargo Securities LLC served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sal Squadrito / Legal Agent. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 24
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Wells Fargo Bank, N.A. served on 2/22/2019, answer due 3/15/2019. Service was accepted by Cindy Stepp / Administrative Assistant. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 23
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Merrill Lynch, Pierce, Fenner & Smith Incorporated served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sattie Jairam / Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 22
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. J.P. Morgan Securities LLC served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sattie Jairam / Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 21
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. JPMorgan Chase Bank N.A. served on 2/25/2019, answer due 3/18/2019. Service was accepted by Shelbi Sullenberger / SOP Intake Associate. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 20
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. JPMorgan Chase & Co. served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sattie Jairam / Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 19
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Goldman Sachs Group, Inc. served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sattie Jairam / Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 18
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Citigroup Global Markets Inc. served on 2/25/2019, answer due 3/18/2019. Service was accepted by Larry Hines / VP, General Counsel Office. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 17
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Citigroup, Inc. served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sattie Jairam / Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 16
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Barclays Capital Inc. served on 2/25/2019, answer due 3/18/2019. Service was accepted by Sattie Jairam / Intake Specialist. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 15
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Banc of America Securities LLC served on 2/22/2019, answer due 3/15/2019. Service was accepted by Audra Bernard / Senior Legal Administrator. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 14
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Bank of America Corporation served on 2/22/2019, answer due 3/15/2019. Service was accepted by Audra Bernard / Senior Legal Administrator. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 13
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Bank of America, N.A. served on 2/22/2019, answer due 3/15/2019. Service was accepted by Tamara Hackett / Legal Agent. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 12
NOTICE OF APPEARANCE by David H Wollmuth on behalf of City of Philadelphia. (Wollmuth, David)
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Filing 11
NOTICE OF APPEARANCE by William Andrew Maher on behalf of City of Philadelphia. (Maher, William)
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Filing 10
NOTICE OF APPEARANCE by Thomas Lepri on behalf of City of Philadelphia. (Lepri, Thomas)
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Filing 9
NOTICE OF APPEARANCE by Sami H Rashid on behalf of City of Philadelphia. (Rashid, Sami)
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Filing 8
NOTICE OF APPEARANCE by Steig Olson on behalf of City of Philadelphia. (Olson, Steig)
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Filing 7
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties, and as further set forth in this Order. (Initial Conference set for 4/1/2019 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/22/2019) (jca)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Lawrence Brockett. The party information for the following party/parties has been modified: Merrill Lynch. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Daniel Lawrence Brockett. The following party/parties has been removed from this case: Pierce, Fenner & Smith Incorporated. The party was added to the case in error. (dnh)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (dnh)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC, re: #4 Complaint,,. Document filed by City of Philadelphia. (Brockett, Daniel)
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Filing 4
COMPLAINT against Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, Goldman Sachs Group, Inc., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, RBC Capital Markets LLC, Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. Document filed by City of Philadelphia.(Brockett, Daniel)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Lawrence Brockett. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Lawrence Brockett. The party information for the following party/parties has been modified: JP Morgan Securities LLC; The City of Philadelphia ; The Goldman Sachs Group, Inc. ; The Royal Bank of Canada . The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; Exclude from the entry of business name any leading A, An or The. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Lawrence Brockett to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Due to party modification the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Lawrence Brockett to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the as to docket entry must list all of the defendants as to whom the summons is being requested. Caption Error; the party names listed in the caption must exactly match the party of record, do not abbreviate. If the entire caption does not fit list the leading defendant followed by et al. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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Case Designated ECF. (dnh)
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Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to See Attached Rider, re: #1 Complaint,,. Document filed by The City of Philadelphia. (Brockett, Daniel) Modified on 2/21/2019 (dnh).
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Filing 2
CIVIL COVER SHEET filed. (Brockett, Daniel)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Goldman Sachs & Co. LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., JPMorgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, RBC Capital Markets LLC, The Goldman Sachs Group, Inc., The Royal Bank of Canada, Wachovia Bank, N.A., Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Funds Management, LLC, Wells Fargo Securities LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-16379798)Document filed by The City of Philadelphia.(Brockett, Daniel) Modified on 2/21/2019 (dnh).
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