U.S. Bank National Association v. First Franklin Financial Corporation et al
U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3 and U.S. Bank National Association |
First Franklin Financial Corporation, Bank Of America Corporation and Merrill Lynch Mortgage Lending, Inc. |
1:2019cv04890 |
May 24, 2019 |
US District Court for the Southern District of New York |
Vernon S Broderick |
Contract: Other |
28 U.S.C. § 1332 bc |
None |
Docket Report
This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 49 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss The Complaint. . Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc...(Miller, Pamela) |
Filing 48 NOTICE OF APPEARANCE by Steven Ronan Fisher on behalf of U.S. Bank National Association. (Fisher, Steven) |
Filing 47 MEMO ENDORSEMENT on re: #46 Letter filed by U.S. Bank National Association. ENDORSEMENT: APPLICATION DENIED. SO ORDERED. If, after reviewing the parties' submissions, I determine that oral argument is necessary, I will so notify the parties. (Signed by Judge Vernon S. Broderick on 1/10/2020) (rro) |
Filing 46 LETTER addressed to Judge Vernon S. Broderick from Christopher P. Johnson dated January 9, 2020 re: request for oral argument. Document filed by U.S. Bank National Association.(Johnson, Christopher) |
Filing 45 DECLARATION of Christopher P. Johnson in Opposition re: #27 MOTION to Dismiss The Complaint.. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Johnson, Christopher) |
Filing 44 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss The Complaint. . Document filed by U.S. Bank National Association. (Johnson, Christopher) |
Filing 43 MEMO ENDORSEMENT on re: (39 in 1:19-cv-04890-VSB) Letter filed by U.S. Bank National Association, (40 in 1:19-cv-05948-VSB) Letter filed by U.S. Bank National Association. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Responses due by 1/9/2020, Replies due by 1/31/2020.) (Signed by Judge Vernon S. Broderick on 12/6/2019) (jca) |
Filing 42 NOTICE OF CHANGE OF ADDRESS by Jared Solomon Siegel on behalf of U.S. Bank National Association. New Address: McKool Smith, P.C., One Manhattan West, 395 9th Avenue, 50th Floor, New York, NY, United States 10001, 2124029400. (Siegel, Jared) |
Filing 41 NOTICE OF CHANGE OF ADDRESS by Zachary William Mazin on behalf of U.S. Bank National Association. New Address: McKool Smith, P.C., One Manhattan West, 395 9th Avenue, 50th Floor, New York, NY, United States 10001, 2124029400. (Mazin, Zachary) |
Filing 40 NOTICE OF CHANGE OF ADDRESS by Gayle Rosenstein Klein on behalf of U.S. Bank National Association. New Address: McKool Smith, P.C., One Manhattan West, 395 9th Avenue, 50th Floor, New York, NY, United States 10001, 2124029400. (Klein, Gayle) |
Filing 39 JOINT LETTER addressed to Judge Vernon S. Broderick from Christopher P. Johnson dated December 5, 2019 re: in response to the courts November 18 and November 19 Orders. Document filed by U.S. Bank National Association.(Johnson, Christopher) |
Filing 38 NOTICE OF CHANGE OF ADDRESS by Christopher Paul Johnson on behalf of U.S. Bank National Association. New Address: McKool Smith, P.C., One Manhattan West, 395 9th Avenue, 50th Floor, New York, New York, USA 10001, 212-402-9400. (Johnson, Christopher) |
Filing 37 STIPULATION OF SUBSTITUTION OF COUNSEL AND ORDER: IT IS HEREBY STIPULATED AND AGREED that the law firms Munger, Tolles & Olson LLP, 350 South Grand Avenue, 50th Floor, Los Angeles, California 90071 and Moran Karamouzis LLP, 265 Sunrise Highway, Suite 61, Rockville Centre, New York 11570 will be and hereby are substituted for O'Melveny & Myers LLP, Seven Times Square, New York, New York 10026, as counsel of record for Defendant First Franklin Financial Corporation in the above-captioned action. SO ORDERED. Attorney Daniel Lucas Cantor and Pamela Addison Miller terminated. (Signed by Judge Vernon S. Broderick on 11/30/2019) (rro) |
Filing 36 ANSWER to #1 Complaint,. Document filed by First Franklin Financial Corporation.(St. John, Richard) |
Filing 35 DECLARATION of Pamela A. Miller, Esq. in Support of Substitution of Counsel on Behalf of Defendant First Franklin in Support re: #34 Proposed Order for Substitution of Attorney. Document filed by First Franklin Financial Corporation. (Miller, Pamela) |
Filing 34 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by First Franklin Financial Corporation. (Miller, Pamela) |
Filing 33 NOTICE OF APPEARANCE by Siobhan Eileen Moran on behalf of First Franklin Financial Corporation. (Moran, Siobhan) |
Filing 32 NOTICE OF APPEARANCE by Adam Weiss on behalf of First Franklin Financial Corporation. (Weiss, Adam) |
Filing 31 NOTICE OF APPEARANCE by Richard Christopher St. John on behalf of First Franklin Financial Corporation. (St. John, Richard) |
Filing 30 ORDER: Accordingly, in the interests of efficiency, it is hereby: ORDERED that Plaintiff's deadline to file any amended complaint or opposition to the Moving Defendants' motion to dismiss is held in abeyance pending further order of this Court. The parties are directed to meet and confer and submit a proposed schedule for the filing of amended pleadings and/or motion briefing by December 6, 2019. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/18/2019) (rro) |
Filing 29 DECLARATION of Pamela A. Miller, Esq. in Support re: #27 MOTION to Dismiss The Complaint.. Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc.. (Attachments: #1 Exhibit A - The Complaint, #2 Exhibit B - Representation and Warranty Purchase Agreement dated June 2, 2008, #3 Exhibit C - Merrill Lynch & Co., Inc.'s Form 10-K for the Fiscal Year Ended December 28, 2007)(Miller, Pamela) |
Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss The Complaint. . Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc.. (Miller, Pamela) |
Filing 27 MOTION to Dismiss The Complaint. Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc..(Miller, Pamela) |
Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Merrill Lynch Mortgage Capital, Inc., Other Affiliate Merrill Lynch Credit Products, LLC, Other Affiliate Merrill Lynch International, LLC, Other Affiliate Berkshire Hathaway Inc., Other Affiliate Bank of America Corporation, Other Affiliate NB Holdings Corporation for Merrill Lynch Mortgage Lending, Inc.. Document filed by Merrill Lynch Mortgage Lending, Inc..(Miller, Pamela) |
Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Merrill Lynch Mortgage Services Corporation, Other Affiliate Merrill Lynch Credit Products, LLC, Other Affiliate Merrill Lynch Mortgage Capital, Inc., Other Affiliate Merrill Lynch International, LLC, Other Affiliate Berkshire Hathaway Inc., Other Affiliate Bank of America Corporation, Other Affiliate NB Holdings Corporation for First Franklin Financial Corporation. Document filed by First Franklin Financial Corporation.(Miller, Pamela) |
Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Berkshire Hathaway Inc. for Bank Of America Corporation. Document filed by Bank Of America Corporation.(Miller, Pamela) |
Filing 23 NOTICE OF APPEARANCE by Lauren M. Wagner on behalf of Bank Of America Corporation, First Franklin Financial Corporation, Merrill Lynch Mortgage Lending, Inc.. (Wagner, Lauren) |
Filing 22 NOTICE OF APPEARANCE by Patrick Donovan McKegney on behalf of Bank Of America Corporation, First Franklin Financial Corporation, Merrill Lynch Mortgage Lending, Inc.. (McKegney, Patrick) |
Filing 21 NOTICE OF APPEARANCE by Daniel Lucas Cantor on behalf of Bank Of America Corporation, First Franklin Financial Corporation, Merrill Lynch Mortgage Lending, Inc.. (Cantor, Daniel) |
Filing 20 ORDER granting #19 Letter Motion for Extension of Time to Answer re #1 Complaint. APPLICATION GRANTED. SO ORDERED. (Bank Of America Corporation answer due 11/29/2019; First Franklin Financial Corporation answer due 11/29/2019; Merrill Lynch Mortgage Lending, Inc. answer due 11/29/2019.) (Signed by Judge Vernon S. Broderick on 11/14/2019) (rro) |
Set/Reset Deadlines: Responses due by 1/9/2020 Replies due by 1/23/2020. (rro) |
Filing 19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Vernon S. Broderick from Pamela Miller dated November 13, 2019. Document filed by First Franklin Financial Corporation.(Miller, Pamela) |
Filing 18 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties that, subject to the Court's approval, the following: Defendants' deadline to move, answer, or otherwise respond to the Complaint in the above-captioned case is extended from October 8, 2019 to November 15, 2019. Should Defendants file a FRCP Rule 12 motion on November 15, 2019, the briefing schedule will be as follows: Plaintiff's Opposition will be due on December 19, 2019. Defendants' Reply will be due on January 10, 2020. If any of Defendants move to dismiss the Complaint on November 15, 2019, then, pending resolution of the motion to dismiss, the parties shall limit discovery to i) an exchange of Rule 26 initial disclosures and ii) the collection (including from non-parties) of loan tapes, loan files, servicing files and underwriting guidelines, while deferring all other discovery until after the motion to dismiss has been resolved. The Parties agree that, until any motion to dismiss has been resolved, their searches for responsive documents may be limited to loan tapes, loan files, servicing files, and underwriting guidelines from central files, systems, and repositories, and they need not collect or review electronically-stored information (e.g., email communications) as part of that search. There has been no previous request for extension of time in connection with this matter. SO ORDERED. (Bank Of America Corporation answer due 11/15/2019; First Franklin Financial Corporation answer due 11/15/2019; Merrill Lynch Mortgage Lending, Inc. answer due 11/15/2019. Motions due by 11/15/2019., Responses due by 12/19/2019, Replies due by 1/10/2020.) Motions terminated: #17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Extension of Defendants' time to answer, move, or otherwise respond to Plaintiff's Complaint, and Proposed Briefing Schedule) addressed to Judge Vernon S. B filed by Bank Of America Corporation, First Franklin Financial Corporation, Merrill Lynch Mortgage Lending, Inc. (Signed by Judge Vernon S. Broderick on 10/7/2019) (rro) |
Filing 17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Extension of Defendants' time to answer, move, or otherwise respond to Plaintiff's Complaint, and Proposed Briefing Schedule) addressed to Judge Vernon S. Broderick from Pamela A. Miller dated October 4, 2019. Document filed by Bank Of America Corporation, First Franklin Financial Corporation, Merrill Lynch Mortgage Lending, Inc.. (Attachments: #1 Proposed Stipulation and Order)(Miller, Pamela) |
Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. First Franklin Financial Corporation waiver sent on 8/9/2019, answer due 10/8/2019. Document filed by U.S. Bank National Association. (Johnson, Christopher) |
Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Merrill Lynch Mortgage Lending, Inc. waiver sent on 8/9/2019, answer due 10/8/2019. Document filed by U.S. Bank National Association. (Johnson, Christopher) |
Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Bank Of America Corporation waiver sent on 8/9/2019, answer due 10/8/2019. Document filed by U.S. Bank National Association. (Johnson, Christopher) |
Filing 13 ELECTRONIC SUMMONS ISSUED as to Merrill Lynch Mortgage Lending, Inc.. (pne) |
Filing 12 ELECTRONIC SUMMONS ISSUED as to First Franklin Financial Corporation. (pne) |
Filing 11 ELECTRONIC SUMMONS ISSUED as to Bank Of America Corporation. (pne) |
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. (pne) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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. (pne) |
Case Designated ECF. (pne) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Paul Johnson. The party information for the following party/parties has been modified: U.S. Bank National Association. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text entered incorrectly as part of party name. (pne) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Paul Johnson. The following case opening statistical information was erroneously selected/entered: Dollar Demand None; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000; the County code has been modified to XX Out of State. (pne) |
Filing 10 NOTICE OF APPEARANCE by Jared Solomon Siegel on behalf of U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Siegel, Jared) |
Filing 9 NOTICE OF APPEARANCE by Zachary William Mazin on behalf of U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Mazin, Zachary) |
Filing 8 NOTICE OF APPEARANCE by Gayle Rosenstein Klein on behalf of U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Klein, Gayle) |
Filing 7 NOTICE OF APPEARANCE by Christopher Paul Johnson on behalf of U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Johnson, Christopher) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Merrill Lynch Mortgage Lending, Inc., re: #1 Complaint,. Document filed by U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Johnson, Christopher) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to First Franklin Financial Corporation, re: #1 Complaint,. Document filed by U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Johnson, Christopher) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America Corporation, re: #1 Complaint,. Document filed by U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Johnson, Christopher) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. Document filed by U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3.(Johnson, Christopher) |
Filing 2 CIVIL COVER SHEET filed. (Johnson, Christopher) |
Filing 1 COMPLAINT against Bank Of America Corporation, First Franklin Financial Corporation, Merrill Lynch Mortgage Lending, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16955774)Document filed by U.S. Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Johnson, Christopher) |
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