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 2007-4 and U.S. Bank National Association |
| First Franklin Financial Corporation, Bank Of America Corporation and Merrill Lynch Mortgage Lending, Inc. |
| 1:2019cv05948 |
| June 25, 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
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| Filing 62 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association..(Johnson, Christopher) |
Filing 61
STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE PROTOCOL. The undersigned hereby stipulate and agree to the following provisions relating to reports, disclosures and discovery with respect to Experts in this action: Limits on Disclosure. Notwithstanding Fed. R. Civ. P. 26 or any other potentially applicable law, statute, regulation or rule, the parties shall not be required to disclose, produce in discovery or at any trial or log on their respective privilege logs any of the following documents or information as further set forth in this Stipulation. Nothing herein shall be construed to prevent deposition questions relating to the substance of the Expert's opinions (including alternative theories, methodologies, variables, or assumptions that the Expert may or may not have considered in formulating her or his opinions or in preparing her or his report). Thus, notwithstanding anything to the contrary herein, an Expert may be presented at deposition or trial with documents, testimony or other materials not contained in his or her expert report and questioned about whether the Expert saw or considered such documents, testimony or other materials, the reasons why the Expert did or did not consider or rely on such documents, testimony or other materials in formulating his or her opinions and whether such documents, testimony or other material cause the Expert to alter his or her opinion(s) in any respect. Nothing herein shall be construed as relieving an Expert of the obligation to disclose (i) his or her compensation related to the Expert's study or testimony; (ii) all data or other information upon which he or she relied in forming his or her opinions, including any underlying data, calculations and analysis, and the sources of such data; and (iii) any assumptions that the Expert relied upon in forming his or her opinions (including, but not limited to those provided by an attorney). An Expert shall not be required to disclose, and neither the Expert nor the party designating the Expert shall be required to produce in response to any discovery request, other data or information that may have been considered by the Expert but which was not relied on by the Expert in forming his or her opinions. Nothing herein shall be deemed to waive any applicable privilege or protection or any objection to expert-related discovery not addressed herein. Nothing in this Stipulation and Order shall supersede any stipulation concerning expert discovery or previously-entered stipulation, including any applicable orders of the Court regarding the production and exchange of confidential information. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/7/20) (yv)
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| Filing 60 PROPOSED STIPULATION AND ORDER. Document filed by U.S. Bank National Association..(Johnson, Christopher) |
| Filing 59 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association..(Johnson, Christopher) |
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Filing 58
STIPULATION AND ORDER REGARDING THE FORMAT OF DOCUMENT PRODUCTIONS: This Stipulation and Order Regarding the Format of Document Productions (the"Stipulation") shall govern the format of production of documents and information in the above-captioned action (the "Action"). the extent not unduly burdensome, the parties to the Action will prepare their production documents in accordance with the agreed-upon specifications set forth below. As of the date this Stipulation is executed between the parties, these specifications apply to documents and electronically stored information ("ESI") that are to be produced in the Action. To the extent a party has already produced documents in the Action, such party shall meet and confer with the other party/parties to the Action concerning providing additional metadata or otherwise supplementing the prior production to facilitate the receiving party's review and processing of the prior production consistent with the requirements of this Stipulation. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/14/2020) (rro)
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| Filing 57 PROPOSED STIPULATION AND ORDER. Document filed by U.S. Bank National Association..(Johnson, Christopher) |
| Filing 56 NOTICE OF APPEARANCE by Beau Tremitiere on behalf of First Franklin Financial Corporation..(Tremitiere, Beau) |
| Filing 55 NOTICE OF APPEARANCE by Michael Charles McCarthy on behalf of U.S. Bank National Association..(McCarthy, Michael) |
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Filing 54
ORDER granting #53 Motion for Beau C. Tremitiere to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 53 MOTION for Beau C. Tremitiere to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18989075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Franklin Financial Corporation. (Attachments: #1 Affidavit of Beau C. Tremitiere, #2 Text of Proposed Order).(Tremitiere, Beau) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Beau C. Tremitiere to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18989075. 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 52
STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/2/2020) (rro)
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| Filing 51 PROPOSED PROTECTIVE ORDER. Document filed by U.S. Bank National Association..(Johnson, Christopher) |
| Filing 50 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss The Complaint. . Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc...(Miller, Pamela) |
| Filing 49 NOTICE OF APPEARANCE by Steven Ronan Fisher on behalf of U.S. Bank National Association. (Fisher, Steven) |
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Filing 48
MEMO ENDORSEMENT on re: #47 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)
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| Filing 47 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 46 DECLARATION of Christopher P. Johnson in Opposition re: #28 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 45 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss The Complaint. . Document filed by U.S. Bank National Association. (Johnson, Christopher) |
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Filing 44
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)
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| Filing 43 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 42 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 41 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 40 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 39 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, NY, United States 10001, 2124029437. (Johnson, Christopher) |
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Filing 38
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).
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| Filing 37 ANSWER to #1 Complaint,. Document filed by First Franklin Financial Corporation.(St. John, Richard) |
| Filing 36 DECLARATION of Pamela A. Miller, Esq. in Support of Substitution of Counsel on Behalf of Defendant First Franklin in Support re: #35 Proposed Order for Substitution of Attorney. Document filed by First Franklin Financial Corporation. (Miller, Pamela) |
| Filing 35 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by First Franklin Financial Corporation. (Miller, Pamela) |
| Filing 34 NOTICE OF APPEARANCE by Siobhan Eileen Moran on behalf of First Franklin Financial Corporation. (Moran, Siobhan) |
| Filing 33 NOTICE OF APPEARANCE by Adam Weiss on behalf of First Franklin Financial Corporation. (Weiss, Adam) |
| Filing 32 NOTICE OF APPEARANCE by Richard Christopher St. John on behalf of First Franklin Financial Corporation. (St. John, Richard) |
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Filing 31
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 11/19/2019) (rro)
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| Filing 30 DECLARATION of Pamela A. Miller, Esq. in Support re: #28 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 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss The Complaint. . Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc.. (Miller, Pamela) |
| Filing 28 MOTION to Dismiss The Complaint. Document filed by Bank Of America Corporation, Merrill Lynch Mortgage Lending, Inc..(Miller, Pamela) |
| Filing 27 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 26 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 25 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 24 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 23 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 22 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) |
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Filing 21
ORDER granting #20 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)
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| Set/Reset Deadlines: Responses due by 1/9/2020 Replies due by 1/23/2020. (rro) |
| Filing 20 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) |
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Filing 19
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: #18 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)
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| Filing 18 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 17 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 16 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 15 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-04890-VSB. Notice of Assignment to follow. (wb) |
| 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. (wb) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Merrill Lynch Mortgage Lending, Inc.. (pne) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to First Franklin Financial Corporation. (pne) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Bank Of America Corporation. (pne) |
| Case Designated ECF. (pne) |
| CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 19CV4890. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Paul Johnson. The party information for the following party/parties has been modified: Christopher Paul Johnson. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted. (pne) |
| Filing 11 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 2007-4. (Siegel, Jared) |
| Filing 10 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 2007-4. (Mazin, Zachary) |
| Filing 9 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 2007-4. (Klein, Gayle) |
| Filing 8 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 2007-4. (Johnson, Christopher) |
| Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-4890. Document filed by U.S. BANK NATIONAL ASSOCIATION, as Trustee for MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, SERIES 2007-4.(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 2007-4. (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 2007-4. (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 2007-4. (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 2007-4. Document filed by U.S. BANK NATIONAL ASSOCIATION, as Trustee for MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, SERIES 2007-4.(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-17139964)Document filed by U.S. BANK NATIONAL ASSOCIATION, as Trustee for MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, SERIES 2007-4. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 4)(Johnson, Christopher) |
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