Monterey Bay Military Housing, LLC et al v. Ambac Assurance Corporation et al
Plaintiff: Sill Housing, LLC, Vandenberg Housing LP, Riley Communities LLC, AETC Housing LP, Lackland Family Housing, LLC, Meade Communities LLC, Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Carlisle/Picatinny Family Housing LP, AMC West Housing LP, Bragg Communities LLC, Monterey Bay Military Housing, LLC, Rucker Communities, LLC, Stewart Hunter Housing LLC and Fort Detrick/Walter Reed Army Medical Center LLC
Defendant: Danny Ray, Chetan Marfatia, AMBAC Assurance Corporation, Jefferies Mortgage Finance, Inc., Jefferies Group LLC, Jefferies & Company Inc. and Jefferies L.L.C.
Respondent: U.S. Army and U.S. Air Force
Not Classified By Court: Malvern Capital
Applicant: Jones Lang LaSalle Americas, Inc.
Case Number: 1:2019cv09193
Filed: October 4, 2019
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Sarah L Cave
Referring Judge: Sarah L Cave
2 Judge: Paul G Gardephe
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Opinion or Order Filing 784 JOINT LETTER addressed to Judge Paul G. Gardephe from All Parties dated November 22, 2023 re: Certifying Completion of Discovery.. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
November 17, 2023 Opinion or Order Filing 783 MEMO ENDORSEMENT: on re: #782 Letter filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 782 is GRANTED. By December 4, 2023, the parties shall file a further status update. The Court thanks Defendants and JLL for their diligence in resolving this issue.SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 11/17/2023) (ama)
November 17, 2023 Opinion or Order Filing 782 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated November 17, 2023 re: Status Update Pursuant to August 1, 2023 Order and November 13, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
November 13, 2023 Opinion or Order Filing 781 MEMO ENDORSEMENT on re: #780 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 780 is GRANTED. By November 17, 2023, the parties shall file a further status update. (Signed by Magistrate Judge Sarah L. Cave on 11/13/2023) (tro)
November 10, 2023 Opinion or Order Filing 780 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated November 10, 2023 re: Status Update Pursuant to August 1, 2023 Order and November 3, 2023 Memo Endorsement.. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
November 3, 2023 Opinion or Order Filing 779 MEMO ENDORSEMENT on re: #778 Letter Status Update Pursuant to August 1, 2023 Order and October 30, 2023 Memo Endorsement, filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 778 is GRANTED. By November 10, 2023, the parties shall file a further status update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/3/23) (yv)
November 3, 2023 Opinion or Order Filing 778 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated November 3, 2023 re: Status Update Pursuant to August 1, 2023 Order and October 30, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
October 30, 2023 Opinion or Order Filing 777 MEMO ENDORSEMENT on re: #776 Letter Status Update Pursuant to August 1, 2023 Order and October 23, 2023 Memo Endorsement, filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 776 is GRANTED. By November 3, 2023, the parties shall file a further status update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/30/23) (yv)
October 27, 2023 Opinion or Order Filing 776 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated October 27, 2023 re: Status Update Pursuant to August 1, 2023 Order and October 23, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
October 23, 2023 Opinion or Order Filing 775 MEMO ENDORSEMENT on re: #774 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 774 is GRANTED. By October 27, 2023, the parties shall file a further status update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/23/2023) (vfr)
October 20, 2023 Opinion or Order Filing 774 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated October 20, 2023 re: Status Update Pursuant to August 1, 2023 Order and October 11, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
October 11, 2023 Opinion or Order Filing 773 MEMO ENDORSEMENT on re: #772 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 772 is GRANTED. By October 20, 2023, the parties shall file a further status update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/11/2023) (vfr)
October 10, 2023 Opinion or Order Filing 772 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated October 10, 2023 re: Status Update Pursuant to August 1, 2023 Order and October 3, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
October 3, 2023 Opinion or Order Filing 771 MEMO ENDORSEMENT on re: #770 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The request at ECF No. 770 is GRANTED. By October 10, 2023, the parties shall file a further status update. (Signed by Magistrate Judge Sarah L Cave on 10/3/2023) (ate)
October 2, 2023 Opinion or Order Filing 770 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated October 2, 2023 re: Status Update Pursuant to August 1, 2023 Order and September 25, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
October 2, 2023 Opinion or Order Filing 769 MEMO ENDORSEMENT on re: #768 Letter Certifying Completion of Military 30(b)(6) Depositions, filed by AMBAC Assurance Corporation. ENDORSEMENT: The Court thanks for the parties for providing this update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/2/23) (yv)
September 29, 2023 Opinion or Order Filing 768 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants, the U.S. Army and Air Force dated September 29, 2023 re: Certifying Completion of Military 30(b)(6) Depositions. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
September 29, 2023 Opinion or Order Filing 767 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/25/2023 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....(js)
September 29, 2023 Opinion or Order Filing 766 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/25/2023 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/28/2023.(js)
September 26, 2023 Opinion or Order Filing 765 ORDER granting #763 Letter Motion for Extension of Time to Complete Discovery. The parties' request at ECF No. 763 is GRANTED. By November 17, 2023, all discovery shall be completed. By November 22, 2023, the parties shall file a joint letter on the docket certifying that all discovery is complete. The Clerk of Court is respectfully directed to close ECF No. 763. SO ORDERED. ( Discovery due by 11/17/2023.) (Signed by Magistrate Judge Sarah L Cave on 9/26/23) (yv)
September 25, 2023 Opinion or Order Filing 764 MEMO ENDORSEMENT on re: #736 Objection (non-motion) filed by U.S. Air Force, U.S. Army. ENDORSEMENT: The Court finds no clear error in Judge Cave's determination that deposition of Army and Air Force personnel should proceed. Accordingly, the objections to the Magistrate Judge's Order are overruled. In so ruling, this Court relies on both Judge Cave's oral ruling on August 1, 2023 (Dkt. 734) and on her findings in denying the government's motion to stay (Dkt. No. 746.) So Ordered. (Signed by Judge Paul G. Gardephe on 9/25/23) (yv)
September 25, 2023 Opinion or Order Filing 763 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated September 25, 2023. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
September 25, 2023 Opinion or Order Filing 762 ORDER: granting #740 Letter Motion to Compel; granting #741 Letter Motion to Compel. Pursuant to the telephone conference held today, September 25, 2023 (the "Conference"), the Court orders as follows: The motion of Defendant AMBAC Assurance Corporation ("Ambac") to compel the production of certain documents (the "Clark Documents") from Plaintiffs (ECF Nos. 74041) is GRANTED for the reasons stated by the Court on the record during the Conference. By a date to be agreed on by and between Ambac and Plaintiffs, Plaintiffs shall produce to Ambac the Clark Documents, including any attachments thereto. The parties shall order a transcript of the Conference and file it on the docket. By September 27, 2023, the parties shall complete the annexed transcript request form and submit one request to etranscripts@nysd.uscourts.gov. The Clerk of Court is respectfully directed to lose ECF Nos. 740-741. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 9/25/2023) (ama)
September 25, 2023 Opinion or Order Filing 761 ORDER: granting #758 Letter Motion for Discovery. At a telephone conference held today, September 25, 2023, Defendant AMBAC Assurance Corporation and the Jefferies Defendants indicated that they do not oppose the government's request at ECF No. 758. Accordingly, the request is GRANTED as unopposed. Defendants may, of course, make a record during the subject depositions of who is in attendance. The Clerk of Court is respectfully directed to close ECF No. 758. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/25/2023) (ama)
September 25, 2023 Opinion or Order Filing 760 MEMO ENDORSEMENT on re: #759 Letter, filed by AMBAC Assurance Corporation ENDORSEMENT The request at ECF No. 759 is GRANTED. By October 2, 2023, the parties shall file a further status update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/25/2023) (jca)
September 25, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 9/25/2023. Attorneys Richard Darst and Johanna Fay appeared on behalf of Plaintiffs. Attorneys Daniel Kelly, Taylor Jones, and Rachel Epstein appeared on behalf of Defendant Ambac. Attorney Barron Flood appeared on behalf of Jefferies Defendants. Attorney Daniel Watkins appeared on behalf of Clark Realty Capital, LLC. Attorney Hannah Kirshner appeared on behalf of Dan Ray. Attorney Bryan Muldrew appeared on behalf of Chetan Marfatia. (ne)
September 22, 2023 Opinion or Order Filing 759 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated September 22, 2023 re: Status Update Pursuant to August 1, 2023 Order and September 5, 2023 Memo Endorsement. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
September 21, 2023 Opinion or Order Filing 758 LETTER MOTION for Discovery Order Permitting Attendance at Deposition addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated September 21, 2023. Document filed by U.S. Air Force..(Bannon, Zachary)
September 13, 2023 Opinion or Order Filing 757 ORDER granting #756 Letter Motion for Discovery. Defendant's request at ECF No. 756 is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 756. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/13/23) (yv)
September 12, 2023 Opinion or Order Filing 756 LETTER MOTION for Discovery Order permitting disclosure of "Protected Materials," as defined by the Protective Order in this case addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated September 12, 2023. Document filed by AMBAC Assurance Corporation..(Jones, Taylor)
September 8, 2023 Opinion or Order Filing 755 JOINT RESPONSE re: #754 Letter . Document filed by AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Epstein, Rachel)
September 6, 2023 Opinion or Order Filing 754 LETTER addressed to Judge Paul G. Gardephe from Zachary Bannon dated September 6, 2023 re: Schedule of Depositions Subject to Objection. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
September 5, 2023 Opinion or Order Filing 753 MEMO ENDORSEMENT on re: #752 Letter filed by AMBAC Assurance Corporation ENDORSEMENT The request at ECF No. 752 is GRANTED. By September 22, 2023, Defendants and Jones Lang LaSalle Americas, Inc. shall file a joint letter on the docket providing a status update. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/5/2023) (jca)
September 1, 2023 Opinion or Order Filing 752 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants and Jones Lang LaSalle dated September 1, 2023 re: Status Update Pursuant to August 1, 2023 Order. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
August 30, 2023 Opinion or Order Filing 751 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 30, 2023 re: #740 LETTER MOTION to Compel Plaintiffs to Produce Documents addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023. . Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit Court Won't Shield Housing Developers Talks with Military, Law360, January 20, 2023).(Kelly, Daniel)
August 30, 2023 Opinion or Order Filing 750 ORDER granting #748 Letter Motion to Adjourn Conference. The request of Defendant Ambac Assurance Corporation at ECF No. 748 is GRANTED. The telephone conference scheduled for September 7, 2023 (ECF No. 747) is ADJOURNED to Monday, September 25, 2023 at 11:00 a.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 748. SO ORDERED. ( Telephone Conference set for 9/25/2023 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/30/23) (yv)
August 29, 2023 Opinion or Order Filing 749 RESPONSE re: #736 Objection (non-motion) (Defendants' Response to the Army's and Air Force's Objections to the Court's Order Compelling Rule 30(b)(6) Depositions). Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
August 29, 2023 Opinion or Order Filing 748 LETTER MOTION to Adjourn Conference Scheduled for September 7, 2023 addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 29, 2023. Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
August 25, 2023 Opinion or Order Filing 747 ORDER with respect to #740 Letter Motion to Compel; with respect to #741 Letter Motion to Compel. The Court is in receipt of the motion to compel filed by Defendant Ambac Assurance Corporation ("Ambac") (ECF Nos. 740-41 (the "Motion")), and the response filed by non-party Clark Realty Corporation ("Clark") (ECF No. 745 (the "Opposition")). The Court orders as follows: 1. By August 30, 2023, Ambac shall file a response to the Opposition. 2. By August 30, 2023, Clark shall submit to the Court for in camera review (i) Greg Day's deposition transcript and (ii) the six "exemplar documents" referenced in the Opposition (ECF No. 745 at 3). The Court will email Clark's counsel with instructions for submitting the documents through the court's file-share system. 3. A telephone conference is scheduled for Thursday, September 7, 2023 at 12:00 p.m. on the Court's conference line to discuss the issues raised in the Motion. Parties other than Ambac and Clark may, but are not required, to participate. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/25/2023) (tg)
August 25, 2023 Opinion or Order Filing 746 OPINION AND ORDER re: #737 LETTER MOTION to Stay Order, Docket Number 733, Pending Resolution of Objection addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated August 15, 2023. filed by U.S. Air Force, U.S. Army. For the reasons set forth above, the Stay Motion is DENIED. The Clerk of Court is respectfully directed to close ECF No. 737. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/25/2023) (tg)
August 25, 2023 Opinion or Order Filing 745 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Clark Realty Capital, LLC dated 8/24/2023 re: #741 LETTER MOTION to Compel Plaintiffs to Produce Documents addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023., #740 LETTER MOTION to Compel Plaintiffs to Produce Documents addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023. (ne)
August 25, 2023 Opinion or Order Set/Reset Hearings:( Telephone Conference set for 9/7/2023 at 12:00 PM before Magistrate Judge Sarah L Cave.), Set/Reset Deadlines: ( Responses due by 8/30/2023) (tg)
August 21, 2023 Opinion or Order Filing 744 ORDER: granting #739 Letter Motion to Seal. Defendant's sealing request at ECF No. 739 is GRANTED. The documents filed at ECF No. 740 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 739. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/21/2023) (ama)
August 21, 2023 Opinion or Order Filing 743 LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023 re: Certifying Compliance with the Court's Order (Dkt. 742). Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
August 21, 2023 Opinion or Order Filing 742 ORDER: The Court is in receipt of the letter-motion of Defendant Ambac Assurance Corporation ("Ambac") to compel Plaintiffs to produce certain documents. (ECF Nos. 740-41 (the "Motion")). The Court construes the Motion to be seeking a discovery conference with the Court pursuant to the undersigned's Individual Practices, Rule II(C)(2). By tomorrow, August 22, 2023 at 12:00 p.m. noon, Ambac shall serve the Motion and this Order on Clark Realty Corporation ("Clark"), and file proof of service on the docket. By August 24, 2023, Clark may file a response to the Motion. SO ORDERED., ( Responses due by 8/24/2023) (Signed by Magistrate Judge Sarah L Cave on 8/21/2023) (ama)
August 21, 2023 Opinion or Order Filing 741 LETTER MOTION to Compel Plaintiffs to Produce Documents addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A - Slipsheet of Sealed Excerpts of Plaintiffs Privilege Log, #2 Exhibit B - Email Correspondence between D. Kelly and D. Watkins, #3 Exhibit C - Letter to D. Kelly from M. McCafferty, Dated 4/28/2023).(Kelly, Daniel)
August 21, 2023 Opinion or Order Filing 740 ***SELECTED PARTIES*** LETTER MOTION to Compel Plaintiffs to Produce Documents addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023. Document filed by AMBAC Assurance Corporation, AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Jones Lang LaSalle Americas, Inc., Lackland Family Housing, LLC, Malvern Capital, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, U.S. Air Force, U.S. Army, Vandenberg Housing LP. (Attachments: #1 Exhibit A - Excerpts of Plaintiffs Privilege Log, #2 Exhibit B - Email Correspondence between D. Kelly and D. Watkins, #3 Exhibit C - Letter to D. Kelly from M. McCafferty, Dated 4/28/2023)Motion or Order to File Under Seal: #739 .(Kelly, Daniel)
August 21, 2023 Opinion or Order Filing 739 LETTER MOTION to Seal Exhibit A to Motion to Compel addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated August 21, 2023. Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
August 18, 2023 Opinion or Order Filing 738 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated 08/18/2023 re: #737 LETTER MOTION to Stay Order, Docket Number 733, Pending Resolution of Objection addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated August 15, 2023. . Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
August 15, 2023 Opinion or Order Filing 737 LETTER MOTION to Stay Order, Docket Number 733, Pending Resolution of Objection addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated August 15, 2023. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
August 15, 2023 Opinion or Order Filing 736 Objection re: #733 Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Pursuant to Federal Rule of Civil Procedure 72(a). Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
August 7, 2023 Opinion or Order Filing 735 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 08/01/2023 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... (nmo)
August 7, 2023 Opinion or Order Filing 734 TRANSCRIPT of Proceedings re: Status Conference held on 8/1/2023 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Adrienne M. Mignano, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2023. Redacted Transcript Deadline set for 9/7/2023. Release of Transcript Restriction set for 11/6/2023. (nmo)
August 1, 2023 Opinion or Order Filing 733 ORDER granting in part and denying in part #709 Letter Motion to Compel; granting in part and denying in part #712 Letter Motion to Compel; granting in part and denying in part #713 Letter Motion to Compel. The Court orders as follows: 1. The motion of Jones Lang LaSalle Americas, Inc. ("JLL") for leave to file a motion for cost -sharing related to JLL's compliance with Defendants' demands for non -party discovery is DENIED WITHOUT PREJUDICE. Using the guidance the Court provided during t he Conference, JLL and Defendants shall meet and confer regarding a reasonable amount of reimbursement to JLL for the costs and attorneys' fees it incurred in complying with subpoenas from Defendants. By September 1, 2023, JLL and Defendants shall file a joint letter on the docket providing a status update on their efforts to come to agreement on reimbursement to JLL. 2. The motions of the Jefferies Entities to compel the United States Air Force (the "Air Force") (ECF No. 709), and of Ambac Assurance Corporation ( "Ambac") to compel the United States Army (the "Army") (ECF Nos. 712 - 13), to produce witnesses for Federal Rule of Civil Procedure 30(b)(6) deposition s are GRANTED IN PART and DENIED IN PART, as follows:The Jefferies Entities m y take a Rule 30(b)(6) deposition of the Air Force limited to 3.5 hours of on-the-record time regarding the four Air Force MHPI projects between 2005 and 2009 with respect to the following topics as further set forth in this Order. Ambac may take a Rule 30(b)(6) deposition of the Army limited to 4.5 hours of on-the-record time regarding the twelve Army MHPI projects between 2002 and 2012 with respect to the following topics as further set forth in this Order. By August 15, 2023, the Air Force and the Army shall each disclose to Defendants the identifies of their respective witnesses who will sit for the Rule 30(b)(6) depositions. By October 2, 2023, both Rule 30(b)(6) depositions shall be completed. By October 6, 2023, the parties shall file a joint letter on the docket advising the Court of the completion of the two depositions. The motions of the Jefferies Entities and Ambac are otherwise DENIED. The parties shall order a transcript of the Conference and file it on the docket. By August 3, 2023, the parties shall complete the annexed transcript request form and submit one request to etranscripts@nysd.uscourts.gov. The Clerk of Court is respectfully directed to close ECF Nos. 709, 712, and 713. S O ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/1/23) (yv)
August 1, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: In Person Status Conference held on 8/1/2023. Attorney Lauren Tabasksblat appeared of behalf of Plaintiffs. Attorneys Taylor Jones and Michael Wittman appeared on behalf of Defendant AMBAC Assurance Corporation. Attorney Scott Balber appeared on behalf of the Jefferies Defendants. Attorney David Goldberg appeared on behalf of Defendant Chetna Marfatia. Attorney Reed Brodsky appeared on behalf of Defendant Danny Ray. Attorneys Zachary Bannon and Elizabeth Boggs appeared on behalf of Non-Parties United States Army and United States Air Force. Attorneys Marsha Indych and Antoinette Snodgrass appeared on behalf of Non-Party Jones Lang LaSalle Americas, Inc. (ne)
August 1, 2023 Opinion or Order Set/Reset Deadlines: Deposition due by 10/2/2023. (yv)
July 31, 2023 Opinion or Order Filing 732 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated July 31, 2023 re: #713 LETTER MOTION to Compel U.S. Army to produce a witness for a Rule 30(b)(6) deposition (Redacted) addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated July 11, 2023. . Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
July 31, 2023 Opinion or Order Filing 731 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated July 31, 2023 re: #709 LETTER MOTION to Compel Department of the Air Force to Appear for 30(b)(6) Deposition addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated July 11, 2023. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
July 28, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #728 MOTION for Antoinette M. Snodgrass 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. (sgz)
July 27, 2023 Opinion or Order Filing 730 MEMO ENDORSEMENT on re: #729 Letter Status update on Ambac's request to compel deposition of Kathleen Ferguson filed by AMBAC Assurance Corporation. ENDORSEMENT: The Court appreciates the update provided at ECF No. 729, and Defendant Ambac's willingness, without prejudice, to defer a motion to compel Ms. Ferguson's deposition at this time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/27/23) (yv)
July 27, 2023 Opinion or Order Filing 729 LETTER addressed to Magistrate Judge Sarah L. Cave from Jeremy Baldoni dated July 27, 2023 re: Status update on Ambac's request to compel deposition of Kathleen Ferguson. Document filed by AMBAC Assurance Corporation..(Baldoni, Jeremy)
July 27, 2023 Opinion or Order Filing 728 MOTION for Antoinette M. Snodgrass to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jones Lang LaSalle Americas, Inc.. (Attachments: #1 Affidavit In Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order Proposed Order).(Snodgrass, Antoinette) Modified on 7/27/2023 (sgz). Modified on 7/28/2023 (sgz).
July 27, 2023 Opinion or Order Pro Hac Vice Fee Due: for #728 MOTION for Antoinette M. Snodgrass to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (sgz)
July 27, 2023 Opinion or Order Pro Hac Vice Fee Payment: for #728 MOTION for Antoinette M. Snodgrass to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-28064264..(Snodgrass, Antoinette)
July 26, 2023 Opinion or Order Filing 727 NOTICE OF APPEARANCE by Michael Andrew Wittmann on behalf of AMBAC Assurance Corporation..(Wittmann, Michael)
July 25, 2023 Opinion or Order Filing 726 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated 7/25/2023 re: #712 LETTER MOTION to Compel U.S. Army to produce a witness for a Rule 30(b)(6) deposition addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated July 11, 2023. . Document filed by U.S. Army..(Bannon, Zachary)
July 25, 2023 Opinion or Order Filing 725 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated July 25, 2023 re: #709 LETTER MOTION to Compel Department of the Air Force to Appear for 30(b)(6) Deposition addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated July 11, 2023. . Document filed by U.S. Air Force. (Attachments: #1 Exhibit 01 - Excerpts of Smith Deposition Transcript, #2 Exhibit 02 - March 7, 2023 Touhy Request, #3 Exhibit 03 - Second Ferguson Declaration).(Bannon, Zachary)
July 18, 2023 Opinion or Order Filing 724 ORDER: granting #721 Letter Motion to Seal. The letter-motion at ECF No. 721 to file documents under seal or with redactions is GRANTED. The documents filed at ECF No. 722 shall remain as only visible to the selected parties, with the documents filed at ECF No. 723 visible to the public. The Clerk of Court is respectfully directed to close ECF No. 721. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/18/2023) (ama)
July 17, 2023 Opinion or Order Filing 723 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Defendants dated July 17, 2023 re: #718 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Marsha J. Indych dated July 12, 2023. . Document filed by AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit 1 - J. Hill Dep. Tr., #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Interrogatory Resp., #6 Exhibit 6 - Army and AF MOUs, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - F. Stefanski Dep. Tr., #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12 - Filed Under Seal, #13 Exhibit 13 - JLL (30)(b)(6) Dep. Tr., #14 Exhibit 14 - Jane Edwards Article, #15 Exhibit 15 - Erika Morphy Article, #16 Exhibit 16 - JLL 2022 10-K, #17 Exhibit 17 - Ambac 2022 10-K, #18 Exhibit 18 - Jefferies 2022 10-K, #19 Exhibit 19 - Michaels 30(b)(6) Dep. Tr.).(Jones, Taylor)
July 17, 2023 Opinion or Order Filing 722 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Defendants dated July 17, 2023 re: #718 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Marsha J. Indych dated July 12, 2023. . Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Chetan Marfatia, Jefferies Mortgage Finance, Inc., Danny Ray, AMBAC Assurance Corporation, AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Jones Lang LaSalle Americas, Inc., Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1 - J. Hill Dep. Tr., #2 Exhibit 2 - Hill Dep. Ex. 3, #3 Exhibit 3 - MHPI_01847777 (AMC West RFP), #4 Exhibit 4 - Privilege Logs, #5 Exhibit 5 - Interrogatory Resp., #6 Exhibit 6 - Army and AF MOUs, #7 Exhibit 7 - Invoices, #8 Exhibit 8 - 2021.11.23 Email from M. Healy, #9 Exhibit 9 - F. Stefanski Dep. Tr., #10 Exhibit 10 - JLL Contract, #11 Exhibit 11 - Hill Dep. Ex. 13, #12 Exhibit 12 - Hill Dep. Ex. 2, #13 Exhibit 13 - JLL (30)(b)(6) Dep. Tr., #14 Exhibit 14 - Jane Edwards Article, #15 Exhibit 15 - Erika Morphy Article, #16 Exhibit 16 - JLL 2022 10-K, #17 Exhibit 17 - Ambac 2022 10-K, #18 Exhibit 18 - Jefferies 2022 10-K, #19 Exhibit 19 - Michaels 30(b)(6) Dep. Tr.)Motion or Order to File Under Seal: #721 .(Jones, Taylor)
July 17, 2023 Opinion or Order Filing 721 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Defendants dated July 17, 2023. Document filed by AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray..(Jones, Taylor)
July 13, 2023 Opinion or Order Filing 720 ORDER granting #718 Letter Motion for Conference re: #718 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Marsha J. Indych dated July 12, 2023. A conference is scheduled for Tuesday, August 1, 2023 at 11:00 a.m., to be held in-person in Courtroom 18A, 500 Pearl Street, New York, New York. At the conference, the parties shall be prepared to discuss the issues raised in the Motions. Non-parties JLL, the United States Army, and the United States Air Force shall attend and be prepared to discuss the issues raised in the Motions to the extent pertaining to them. SO ORDERED. (Status Conference set for 8/1/2023 at 11:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/13/23) (yv)
July 12, 2023 Opinion or Order Filing 719 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Jones Lang LaSalle, Inc. for Jones Lang LaSalle Americas, Inc.. Document filed by Jones Lang LaSalle Americas, Inc...(Indych, Marsha)
July 12, 2023 Opinion or Order Filing 718 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Marsha J. Indych dated July 12, 2023. Document filed by Jones Lang LaSalle Americas, Inc.. (Attachments: #1 Exhibit A to Pre-Motion Letter, #2 Exhibit B to Pre-Motion Letter, #3 Exhibit C to Pre-Motion Letter).(Indych, Marsha)
July 12, 2023 Opinion or Order Filing 717 NOTICE OF APPEARANCE by Marsha Jessica Indych on behalf of Jones Lang LaSalle Americas, Inc...(Indych, Marsha)
July 12, 2023 Opinion or Order Filing 716 ORDER granting #711 Letter Motion to Seal. The letter-motion at ECF No. 711 to file documents under seal or with redactions is GRANTED. The documents filed at ECF No. 712 shall remain as only visible to the selected parties, with the documents filed at ECF No. 713 visible to the public. The Clerk of Court is respectfully directed to close ECF No. 711. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/12/23) (yv)
July 12, 2023 Opinion or Order Filing 715 MEMO ENDORSEMENT on re: #710 Letter Clarification on Motion to Compel Clark (30)(6) deposition, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: The Court thanks Mr. Balber for the clarification at ECF No. 710, and will await a ruling in the District of Columbia case.SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/12/23) (yv)
July 12, 2023 Opinion or Order Filing 714 NOTICE OF APPEARANCE by Tai Hyun Park on behalf of AMBAC Assurance Corporation..(Park, Tai)
July 11, 2023 Opinion or Order Filing 713 LETTER MOTION to Compel U.S. Army to produce a witness for a Rule 30(b)(6) deposition (Redacted) addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated July 11, 2023. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A - 2022.12.22 Ambac's Army Touhy 30(b)(6), #2 Exhibit B - 2023.02.07 Ambac's Amended Army 30(b)(6) Notice, #3 Exhibit C - 2023.03.03 Ambac's Second Amended Army Touhy 30(b)(6) Part 1 of 3, #4 Exhibit C - 2023.03.03 Ambac's Second Amended Army Touhy 30(b)(6) Part 2 of 3, #5 Exhibit C - 2023.03.03 Ambac's Second Amended Army Touhy 30(b)(6) Part 3 of 3, #6 Exhibit D - 2023.04.04 Email from J. Super to Z. Bannon re Third Amended Army Touhy 30(b)(6), #7 Exhibit E - 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 1 of 4, #8 Exhibit E - 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 2 of 4, #9 Exhibit E - 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 3 of 4, #10 Exhibit E - 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 4 of 4, #11 Exhibit F - 2023.03.09 Army Touhy Denial Letter 30(b)(6), #12 Exhibit G - 2023.04.19 Army Touhy Denial Letter 30(b)(6)_April request, #13 Exhibit H - 2023.06.19 Email from Z. Bannon to J. Super, #14 Exhibit I - 2023.01.18 Hayes, Rhonda Deposition Transcript Excerpt, #15 Exhibit J - 2023.04.24 Connor, Mark Deposition Transcript, #16 Exhibit K - Filed Under Seal, #17 Exhibit L - Filed Under Seal, #18 Exhibit M - 2023.03.22 Sims, Peter Deposition Transcript).(Epstein, Rachel)
July 11, 2023 Opinion or Order Filing 712 ***SELECTED PARTIES*** LETTER MOTION to Compel U.S. Army to produce a witness for a Rule 30(b)(6) deposition addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated July 11, 2023. Document filed by AMBAC Assurance Corporation, AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Lackland Family Housing, LLC, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A - [SEALED] 2022.12.22 Ambac's Army Touhy 30(b)(6), #2 Exhibit B - [SEALED] 2023.02.07 Ambac's Amended Army 30(b)(6) Notice, #3 Exhibit C - [SEALED] 2023.03.03 Ambac's Second Amended Army Touhy 30(b)(6) Part 1 of 3, #4 Exhibit C - [SEALED] 2023.03.03 Ambac's Second Amended Army Touhy 30(b)(6) Part 2 of 3, #5 Exhibit C - [SEALED] 2023.03.03 Ambac's Second Amended Army Touhy 30(b)(6) Part 3 of 3, #6 Exhibit D - [SEALED] 2023.04.04 Email from J. Super to Z. Bannon re Third Amended Army Touhy 30(b)(6), #7 Exhibit E - [SEALED] 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 1 of 4, #8 Exhibit E - [SEALED] 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 2 of 4, #9 Exhibit E - [SEALED] 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 3 of 4, #10 Exhibit E - [SEALED] 2023.05.22 Email from J. Super to Z. Bannon re proposed Army designations Part 4 of 4, #11 Exhibit F - [SEALED] 2023.03.09 Army Touhy Denial Letter 30(b)(6), #12 Exhibit G - [SEALED] 2023.04.19 Army Touhy Denial Letter 30(b)(6)_April request, #13 Exhibit H - [SEALED] 2023.06.19 Email from Z. Bannon to J. Super, #14 Exhibit I - [SEALED] 2023.01.18 Hayes, Rhonda Deposition Transcript Excerpt, #15 Exhibit J - [SEALED] 2023.04.24 Connor, Mark Deposition Transcript, #16 Exhibit K - [SEALED] AAC00974475 (Leavenworth operating agreement), #17 Exhibit L - [SEALED] AAC00794126 (Riley operating agreement and ground lease), #18 Exhibit M - [SEALED] 2023.03.22 Sims, Peter Deposition Transcript)Motion or Order to File Under Seal: #711 .(Epstein, Rachel)
July 11, 2023 Opinion or Order Filing 711 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated July 11, 2023. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
July 11, 2023 Opinion or Order Filing 710 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated July 11, 2023 re: Clarification on Motion to Compel Clark (30)(6) deposition. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
July 11, 2023 Opinion or Order Filing 709 LETTER MOTION to Compel Department of the Air Force to Appear for 30(b)(6) Deposition addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated July 11, 2023. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Balber, Scott)
July 10, 2023 Opinion or Order Filing 708 MEMO ENDORSED ORDER granting #707 Motion to Withdraw as Attorney. ENDORSEMENT: The request at ECF No. 707 is GRANTED. The Clerk of Court is respectfully directed to terminate Tai H. Park as counsel, and to close ECF No. 707. SO ORDERED. (Attorney Tai Hyun Park terminated.) (Signed by Magistrate Judge Sarah L Cave on 7/10/23) (yv)
July 7, 2023 Opinion or Order Filing 707 MOTION for Tai H. Park to Withdraw as Attorney . Document filed by AMBAC Assurance Corporation..(Park, Tai)
July 5, 2023 Opinion or Order Filing 706 ORDER, The Court is in receipt of the parties' joint status letter at ECF No. 705, and orders as follows: 1. The briefing schedule for Defendants' anticipated motions to compel the 30(b)(6) depositions of the Army and the Air Force is ADOPTED. (ECF No. 705 at 1 1). To the extent that the Jefferies Entities believe that any issues concerning Clark remain pending, they may file a letter on the docket by July 12, 2023 addressing the issue. SO ORDERED. ( Motions due by 7/11/2023.) (Signed by Magistrate Judge Sarah L Cave on 7/5/23) (yv)
June 30, 2023 Opinion or Order Filing 705 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated June 30, 2023 re: Status of Fact Discovery. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
June 20, 2023 Opinion or Order Filing 704 MEMO ENDORSEMENT on re: #703 Letter Status of Fact Discovery, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: The Court is in receipt of the parties' letter at ECF No. 703. Fact discovery remains closed with respect to all matters except for those included in the parties' letter at ECF No. 703. By June 30, 2023, the parties shall file a joint status letter regarding the remaining fact discovery issues. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/20/23) (yv)
June 16, 2023 Opinion or Order Filing 703 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated June 16, 2023 re: Status of Fact Discovery. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
June 7, 2023 Opinion or Order Filing 702 MEMO ENDORSEMENT on re: #701 Letter Status of Fact Discovery, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: The Court is in receipt of the parties' letter at ECF No. 701. The Court previously ordered the parties to file, by June 16, 2023, a joint status letter regarding Ms. Ferguson's responses to Ambac's questions. (ECF No. 700). The forthcoming joint status letter shall also include status updates regarding the issues raised at ECF No. 701. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/7/23) (yv)
June 6, 2023 Opinion or Order Filing 701 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated June 6, 2023 re: Status of Fact Discovery. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
June 2, 2023 Opinion or Order Filing 700 MEMO ENDORSEMENT on re: #699 Letter, filed by AMBAC Assurance Corporation. ENDORSEMENT: The Court is in receipt of the parties' letter at ECF No. 699. By June 16, 2023, the parties shall file a joint status letter regarding Ms. Ferguson's responses to Ambac's questions SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/2/2023) (tg)
June 2, 2023 Opinion or Order Filing 699 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones and Zachary Bannon dated June 2, 2023 re: Update on Ambac's request to depose former Air Force employee Kathleen Ferguson. Document filed by AMBAC Assurance Corporation..(Jones, Taylor)
June 2, 2023 Opinion or Order Filing 698 ORDER. The Court has not received a request from any party to redact the Opinion and Order, and therefore ORDERS that the Opinion and Order be made public in its entirety. The Clerk of Court is respectfully directed to make the Opinion and Order at ECF No. 697 available to the public. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/2/23) (yv)
May 25, 2023 Opinion or Order Filing 697 ***SELECTED PARTIES*** OPINION AND ORDER re: #670 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, #669 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. The Clerk of the Court is respectfully directed to make this document available only to the case participants and the Court at this time and to close ECF Nos. 669 and 670. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/25/2023) (ks)
May 23, 2023 Opinion or Order Filing 696 MEMO ENDORSEMENT on re: #695 Letter Status of Fact Discovery, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT : The parties shall file a joint status letter regarding the issues raised in the parties' letter at ECF No. 695 by June 6, 2023. The Court anticipates that these few remaining discovery issues will not hold up the parties' expert discovery, the deadline for which remains October 27, 2023. (ECF No. 635). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/23/23) (yv)
May 22, 2023 Opinion or Order Filing 695 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated May 22, 2023 re: Status of Fact Discovery. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 17, 2023 Opinion or Order Filing 694 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 05/12/2023 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... (nmo)
May 17, 2023 Opinion or Order Filing 693 TRANSCRIPT of Proceedings re: Conference held on 5/12/2023 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Marissa Mignano, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/7/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/15/2023.(nmo)
May 12, 2023 Opinion or Order Filing 692 ORDER. The Court orders as follows: 1. By May 15, 2023, at 5:00 p.m., Plaintiffs' counsel shall submit to the Court for in camera review the January 4, 2016 and February 5, 2016 emails appearing on Plaintiffs' supplemental privilege log, as discussed during the conference. The Court will email counsel with instructions for submitting the documents through the Court's file-share system. 2. The U.S. Department of the Air Force's deadline to serve Kathleen Ferguson's responses to questions served by Defendant Ambac Assurance Corporation is EXTENDED from May 19, 2023 to May 24, 2023.3. The parties shall order a transcript of the Conference and file it on the docket. By May 15, 2023, the parties shall complete the annexed transcript request form and submit one request to etranscripts@nysd.uscourts.gov. If the parties seek to redact any portion of the transcript, they shall file a sealing request. (Signed by Magistrate Judge Sarah L Cave on 5/12/23) (yv)
May 12, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/12/2023. Attorney Meghan McCafferty appeared on behalf of the Plaintiffs. Attorneys Rachel Epstein and Taylor Jones appeared on behalf of Defendant Ambac. Attorney Reed Brodsky appeared on behalf of Defendant Ray. Attorney Scott Balber appeared on behalf of the Jefferies Defendants. Attorney David Goldberg appeared on behalf of Defendant Marfatia. Attorney Zachary Bannon appeared on behalf of the U.S. Army. (ne)
May 10, 2023 Opinion or Order Filing 691 ORDER granting #690 Letter Motion for Discovery. Defendant Ambac Assurance Corporation's ("Ambac") request at ECF No. 690 is GRANTED. Ambac is permitted to disclose certain documents designated as Protected Material to Kathleen Ferguson, Zachary Bannon, and additional counsel assisting in Mr. Bannon's representation of the Air Force in this matter as may be necessary to question Ms. Ferguson in writing pursuant to the Court's Order at ECF No. 667, provided that any such recipient of Protected Material executes the Acknowledgment and Agreement to Be Bound as set forth in the Protective Order at ECF No. 135. The Clerk of Court is respectfully directed to close ECF No. 690. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/10/2023) (jca)
May 9, 2023 Opinion or Order Filing 690 LETTER MOTION for Discovery order permitting disclosure of "Protected Materials," as defined by the Protective Order in this case addressed to Magistrate Judge Sarah L. Cave from Jeremy Baldoni dated May 9, 2023. Document filed by AMBAC Assurance Corporation..(Baldoni, Jeremy)
May 9, 2023 Opinion or Order Filing 689 ORDER granting #686 Letter Motion to Seal. The letter-motion at ECF No. 686 to file documents under seal or with redactions is GRANTED. The documents at ECF No. 688 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 686. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/9/23) (yv)
May 8, 2023 Opinion or Order Filing 688 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Reed Brodsky dated May 8, 2023 re: #669 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by Danny Ray, AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Lackland Family Housing, LLC, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, U.S. Air Force, U.S. Army, Vandenberg Housing LP. (Attachments: #1 Exhibit - Letter - Highlighted Version, #2 Exhibit A - phone records)Motion or Order to File Under Seal: #686 .(Brodsky, Reed)
May 8, 2023 Opinion or Order Filing 687 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Reed Brodsky dated May 8, 2023 re: #669 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by Danny Ray. (Attachments: #1 Exhibit A - UNDER SEAL).(Brodsky, Reed)
May 8, 2023 Opinion or Order Filing 686 LETTER MOTION to Seal letter submission by Defendant Dan Ray addressed to Magistrate Judge Sarah L. Cave from Reed Brodsky dated May 8, 2023. Document filed by Danny Ray..(Brodsky, Reed)
May 8, 2023 Opinion or Order Filing 685 ORDER granting #683 Letter Motion to Seal. The letter-motion at ECF No. 683 to file documents under seal is GRANTED. The documents at ECF No. 684 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 683. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/8/23) (yv)
May 5, 2023 Opinion or Order Filing 684 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 5, 2023 re: #670 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. Attaching transcript of M. Connor deposition. Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Jefferies Mortgage Finance, Inc., AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Malvern Capital, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, U.S. Air Force, U.S. Army, Vandenberg Housing LP. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #683 .(Balber, Scott)
May 5, 2023 Opinion or Order Filing 683 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 5, 2023. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 5, 2023 Opinion or Order Filing 682 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated May 5, 2023 re: #670 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by U.S. Army. (Attachments: #1 Exhibit Ex. 1 - Deposition Subpoena, #2 Exhibit Ex. 2 - Response to Deposition Subpoena).(Bannon, Zachary)
May 4, 2023 Opinion or Order Filing 681 ORDER granting #678 Letter Motion to Seal. The Court orders as follows: 1. The letter-motion at ECF No. 678 to file the document at ECF No. 680 with redactions is GRANTED. The document at ECF No. 679 shall remain as only visible to the selected parties. By May 5, 2023, the Jefferies Defendants shall file a complete copy of Mark Connors April 24, 2023 deposition transcript. 3. By May 5, 2023, the Army shall file the November 21, 2022 letter and deposition subpoena referenced at ECF Nos. 675-3 and 676-3. 4. By May 8, 2023, Mr. Ray shall file a letter indicating whether he takes any position on the Request. 5. A telephone conference to discuss the Request is scheduled for Friday, May 12, 2023, at 10:00 a.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 678. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/4/23) (yv)
May 4, 2023 Opinion or Order Set/Reset Hearings: Telephone Conference set for 5/12/2023 at 10:00 AM before Magistrate Judge Sarah L Cave. (yv)
May 3, 2023 Opinion or Order Filing 680 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 3, 2023 re: #669 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 3, 2023 Opinion or Order Filing 679 ***SELECTED PARTIES***LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 3, 2023 re: #669 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Jefferies Mortgage Finance, Inc., AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Malvern Capital, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, U.S. Air Force, U.S. Army, Vandenberg Housing LP. Motion or Order to File Under Seal: #678 .(Balber, Scott)
May 3, 2023 Opinion or Order Filing 678 LETTER MOTION to Seal Reply In Support of Letter Motion for Conference addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 3, 2023. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 3, 2023 Opinion or Order Filing 677 ORDER granting #657 Letter Motion to Seal; granting #668 Letter Motion to Seal. The letter-motions at ECF No. 657 and ECF No. 668 to file documents at ECF No. 659 and ECF No. 670 with redactions or under seal are GRANTED. The documents at ECF No. 658 and ECF No. 669 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 657 and ECF No. 668. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/3/23) (yv)
May 2, 2023 Opinion or Order Filing 676 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated May 2, 2023 re: #670 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by U.S. Army. (Attachments: #1 Exhibit Ex. 1 - Deposition Transcript Excerpts, #2 Exhibit Ex. 2 - Air Force 30(b)(6) Touhy Request, #3 Exhibit Ex. 3 - Connor Touhy Request).(Bannon, Zachary)
May 2, 2023 Opinion or Order Filing 675 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated May 2, 2023 re: #669 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. . Document filed by U.S. Army, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit Ex. 1 - Deposition Transcript Excerpts, #2 Exhibit Ex. 2 - Air Force 30(b)(6) Touhy Request, #3 Exhibit Ex. 3 - Connor Touhy Request)Motion or Order to File Under Seal: #668 .(Bannon, Zachary)
May 1, 2023 Opinion or Order Filing 674 MEMO ENDORSEMENT on re: #673 Letter, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: The Court deems fact discovery CLOSED except as to the issues raised in the parties' letter at ECF No. 673, with respect to which the parties shall file a joint status letter by May 22, 2023. (Signed by Magistrate Judge Sarah L Cave on 5/1/2023) (ate)
April 28, 2023 Opinion or Order Filing 673 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated April 28, 2023 re: Status of Fact Discovery. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
April 28, 2023 Opinion or Order Filing 672 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Discovery Conference proceeding held on 04/21/2023 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... (nmo)
April 28, 2023 Opinion or Order Filing 671 TRANSCRIPT of Proceedings re: Remote Discovery Conference held on 4/21/2023 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 7/27/2023. (nmo)
April 27, 2023 Opinion or Order Filing 670 LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Balber, Scott)
April 27, 2023 Opinion or Order Filing 669 ***SELECTED PARTIES*** LETTER MOTION for Conference re: Motion to Compel Testimony addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Jefferies Mortgage Finance, Inc., AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Malvern Capital, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, U.S. Air Force, U.S. Army, Vandenberg Housing LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #668 .(Balber, Scott)
April 27, 2023 Opinion or Order Filing 668 LETTER MOTION to Seal Exhibits to Letter Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 27, 2023. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
April 21, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 4/21/2023. Attorney Meghan McCafferty appeared on behalf of the Plaintiffs. Attorneys Jeremy Baldoni and Tai Park appeared on behalf of the Ambac Defendants. Attorneys Amer Ahmed and Hannah Kirshner appeared on behalf of Defendant Ray. Attorneys Scott Balber and Michael Jones appeared on behalf of the Jefferies Defendants. Attorneys Spencer Croat appeared on behalf of Defendant Marfatia. Assistant U.S. Attorney Zachary Bannon appeared on behalf of the U.S. Department of the Air Force. (ne)
April 21, 2023 Opinion or Order Filing 667 ORDER: Pursuant to the telephone conference held today, April 21, 2023, regarding the request (the "Request") of Defendant Ambac Assurance Corporation ("Ambac") to compel the deposition of Kathleen Ferguson ("Ms. Ferguson"), a former employee of the U.S. Department of the Air Force (the "Air Force"), the Court orders as follows: 1. By May 5, 2023, Ambac shall serve on the Air Force a list of no more than 35 questions addressed to Ms. Ferguson (the "Questions"), along with any documents Ambac believes will refresh Ms. Ferguson's recollection in responding to the Questions. 2. By May 19, 2023, the Air Force shall serve Ms. Ferguson's responses to the Questions on Ambac. 3. By June 2, 2023, Ambac and the Air Force shall file a joint letter reporting on their ability to resolve the Request. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/21/2023) (ama)
April 19, 2023 Opinion or Order Filing 666 REPLY to Response to Motion re: #659 LETTER MOTION for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Ka Letter Response to ECF No. 665. Document filed by AMBAC Assurance Corporation..(Park, Tai)
April 14, 2023 Opinion or Order Filing 665 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated April 14, 2023 re: #659 LETTER MOTION for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Ka . Document filed by U.S. Air Force. (Attachments: #1 Exhibit 01 - Ferguson Declaration).(Bannon, Zachary)
April 14, 2023 Opinion or Order Filing 664 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Zachary Bannon dated April 14, 2023 re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Kathleen Ferguson) addressed to Magistra . Document filed by U.S. Air Force, AMBAC Assurance Corporation. (Attachments: #1 Exhibit 01 - Ferguson Declaration, #2 Exhibit 02 - Vandenberg Presentation, #3 Exhibit 03 - Vandenberg RFP)Motion or Order to File Under Seal: #657 .(Bannon, Zachary)
April 12, 2023 Opinion or Order Filing 663 LETTER addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/12/2023 re: Dkt. No. 660. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1 Ambac Touhy Letter, Notice of Deposition, and Subpoena, #2 Exhibit 2 Ambac Second Amended Subpoena, #3 Exhibit 3 Ambac Revised Touhy Letter, Second Am. Notice & Second Am. Subpoena).(Park, Tai)
April 11, 2023 Opinion or Order Filing 662 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
April 11, 2023 Opinion or Order Filing 661 NOTICE OF APPEARANCE by John Super on behalf of AMBAC Assurance Corporation..(Super, John)
April 10, 2023 Opinion or Order Filing 660 TELEPHONE CONFERENCE SCHEDULING ORDER granting #658 Letter Motion for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Kathleen Ferguson) addressed to Magistra, #659 LETTER MOTION for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Ka ; granting #659 Letter Motion for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Kathleen Ferguson) addressed to Magistra, #659 LETTER MOTION for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Ka. Accordingly, the Court orders as follows: 1. By April 12, 2023, Ambac shall file the Touhy Letters and Subpoenas. 2. By April 14, 2023, the Air Force shall respond to the issues raised in the Request and to the Sealing Motion. 3. By April 19, 2023, Ambac shall file its reply, if any. 4. The Request is GRANTED, and a telephone conference is scheduled for Friday, April 21, 2023, at 3:00 pm on the Court's conference line. The parties are directed to call: (886) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF Nos. 658 and 659. SO ORDERED. Telephone Conference set for 4/21/2023 at 03:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 4/10/2023) (tg)
April 10, 2023 Opinion or Order Set/Reset Deadlines: Responses due by 4/14/2023 Replies due by 4/19/2023. (tg)
April 7, 2023 Opinion or Order Filing 659 LETTER MOTION for Conference re: #658 LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Kathleen Ferguson) addressed to Magistra addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1 - Air Force Touhy Denial, #2 Exhibit 2 - FILED UNDER SEAL).(Park, Tai)
April 7, 2023 Opinion or Order Filing 658 ***SELECTED PARTIES*** LETTER MOTION for Conference re: #657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. (Pre-Motion Conference to Compel Deposition of Kathleen Ferguson) addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. Document filed by AMBAC Assurance Corporation, AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Lackland Family Housing, LLC, Malvern Capital, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, U.S. Air Force, U.S. Army, Vandenberg Housing LP. (Attachments: #1 Exhibit 1 - Air Force Touhy Denial, #2 Exhibit 2 - Vandenberg Source Selection Decision Document)Motion or Order to File Under Seal: #657 .(Park, Tai)
April 7, 2023 Opinion or Order Filing 657 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated 04/07/2023. Document filed by AMBAC Assurance Corporation..(Park, Tai)
April 5, 2023 Opinion or Order Filing 656 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Discovery Conference proceeding held on 04/03/2023 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... (nmo)
April 5, 2023 Opinion or Order Filing 655 TRANSCRIPT of Proceedings re: Remote Discovery Conference held on 4/3/2023 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/26/2023. Redacted Transcript Deadline set for 5/8/2023. Release of Transcript Restriction set for 7/5/2023. (nmo)
April 3, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 4/3/2023. Attorneys Alexander P. Lev and Marcus Strong appeared on behalf of the Plaintiffs. Attorneys Rachel Elizabeth Epstein, Taylor Lloyd Jones, and Daniel M. Kelly appeared on behalf of the Ambac Defendants. Attorney Nathan Stroud appeared on behalf of Defendant Ray. Attorneys Scott Balber, John O'Donnell, and Barron Flood appeared on behalf of the Jefferies Defendants. Attorneys David L. Goldberg and Brian Lee Muldrew appeared on behalf of Defendant Marfatia. (ne)
April 3, 2023 Opinion or Order Filing 654 ORDER. The Court orders as follows: 1. With respect to the third-party subpoena to Bloomberg L.P. ("Bloomberg") (the "Subpoena"), the Court authorizes Bloomberg to conduct a search, using search terms to be agreed by the parties, for communications for the period from January 1, 2002 through August 31, 2009 between custodians for non-parties GMAC and Capmark (the "Non-Parties") and Bloomberg concerning the MHPI Projects in which the Non-Parties were involved. 2. The non-party depositions of Marc Conner (U.S. Department of the Army (the "Army")), the Rule 30(b)(6) depositions of the Army, U.S. Department of the Air Force, Moodys, and JLL, and the continued deposition of JLL witness Ms. Hill, may occur after the April 14, 2023 deadline for non-party depositions. To the extent that the parties have already agreed that other non-parties depositions could occur after the deadline, the parties shall file a joint letter listing those depositions by Friday, April 7, 2023. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/3/23) (yv)
March 31, 2023 Opinion or Order Filing 653 ORDER granting #647 Letter Motion for Local Rule 37.2 Conference. A telephonic discovery conference to address Plaintiff's letter-motion to compel (ECF No. 647) is scheduled for Monday, April 3, 2023 at 1:00 p.m., on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Telephone Conference set for 4/3/2023 at 01:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 3/31/2023) (tg)
March 29, 2023 Opinion or Order Filing 652 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Marcus T. Strong dated March 29, 2023 re: #647 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Marcus T. Strong dated 3/23/23. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Strong, Marcus)
March 28, 2023 Opinion or Order Filing 651 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated March 28, 2023 re: #647 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Marcus T. Strong dated 3/23/23. . Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
March 28, 2023 Opinion or Order Filing 650 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated March 28, 2023 re: #647 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Marcus T. Strong dated 3/23/23. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Balber, Scott)
March 28, 2023 Opinion or Order Filing 649 MEMO ENDORSEMENT on re: #648 Status Report filed by U.S. Air Force, U.S. Army. ENDORSEMENT: By Tuesday, April 11, 2023, the U.S. Department of the Army (the "Army") and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of the status of (i) the Army and Air Force's responses to Defendant Ambac Assurance Corporations Touhy request, (ii) the Air Force deposition requests, and (iii) the outstanding Rule 30(b) (6) topics. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/28/23) (yv)
March 27, 2023 Opinion or Order Filing 648 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
March 23, 2023 Opinion or Order Filing 647 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Marcus T. Strong dated 3/23/23. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (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).(Strong, Marcus)
March 20, 2023 Opinion or Order Filing 646 ORDER: denying #644 Letter Motion to Compel. In accordance with Court's Individual Practices in Civil Cases, the Court construes the Letter-Motion as a motion for a conference with the Court, and the Letter-Motion is DENIED. The deadline for the parties to complete party depositions is EXTENDED to Friday, March 31, 2023, to enable the parties to complete Rule 30(b)(6) depositions of Mr. Erik Roberson and Mr. Matt Sullivan only. All other party depositions must be completed by Friday, March 24, 2023. (See ECF No. 635). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/20/2023) (ama)
March 20, 2023 Opinion or Order Filing 645 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 3/20/2023 re: #644 JOINT LETTER MOTION to Compel Plaintiffs to provide corporate witnesses for consolidated Rule 30(b)(6) depositions addressed to Magistrate Judge Sarah L. Cave from Tai H. Park, Scott S. Balber, Amer S. Ahmed, and Brian L. Muldrew dated Mar . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Tabaksblat, Lauren)
March 20, 2023 Opinion or Order Terminate Transcript Deadlines (ama)
March 17, 2023 Opinion or Order Filing 644 JOINT LETTER MOTION to Compel Plaintiffs to provide corporate witnesses for consolidated Rule 30(b)(6) depositions addressed to Magistrate Judge Sarah L. Cave from Tai H. Park, Scott S. Balber, Amer S. Ahmed, and Brian L. Muldrew dated March 17, 2023. Document filed by AMBAC Assurance Corporation..(Park, Tai)
March 13, 2023 Opinion or Order Filing 643 MEMO ENDORSEMENT on re: #642 Status Report filed by U.S. Air Force, U.S. Army. ENDORSEMENT: By Monday, March 27, 2023, the U.S. Department of the Army (the Army) and the U.S. Department of the Air Force (the Air Force) shall file a letter advising the Court of the status of (i) the Army and Air Force's responses to Defendant Ambac Assurance Corporations Touhy request, (ii) the subpoena to Ms. Kathleen Ferguson, and (iii) the outstanding Rule 30(b)(6) topics. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/13/23) (yv)
March 10, 2023 Opinion or Order Filing 642 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
February 27, 2023 Opinion or Order Filing 641 MEMO ENDORSEMENT on re: #640 Status Report filed by U.S. Air Force, U.S. Army. ENDORSEMENT: By Friday, March 10, 2023, the U.S. Department of the Army (the "Army") and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of the status of (i) the Army and Air Force's responses to Defendant Ambac Assurance Corporation's Touhy request, (ii) Ms. Kathleen Ferguson's compliance with the subpoena, and (iii) the outstanding Rule 30(b)(6) topics. (Signed by Magistrate Judge Sarah L Cave on 2/27/2023) (ate)
February 24, 2023 Opinion or Order Filing 640 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
February 17, 2023 Opinion or Order Filing 639 MEMO ENDORSEMENT on re: #638 Status Report filed by U.S. Army. ENDORSEMENT: By Friday, February 24, 2023, the U.S. Department of the Army and Defendant Ambac Assurance Corporation shall file a joint status letter regarding the outstanding Rule 30(b)(6) topics. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/17/23) (yv)
February 16, 2023 Opinion or Order Filing 638 STATUS REPORT. Document filed by U.S. Army. (Attachments: #1 Exhibit Ambac 30(b)(6) Request).(Bannon, Zachary)
February 16, 2023 Opinion or Order Filing 637 ORDER: Accordingly, by Friday, February 17, 2023, the Parties shall file either (i) the Joint Letter, or (ii) a status letter advising the Court that they have reached an agreement on the Rule 30(b)(6) topics. (Signed by Magistrate Judge Sarah L Cave on 2/16/2023) (ate)
February 14, 2023 Opinion or Order Filing 636 NOTICE OF APPEARANCE by Daniel Gomez on behalf of Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Gomez, Daniel)
February 13, 2023 Opinion or Order Filing 635 ORDER granting in part and denying in part #627 Letter Motion for Extension of Time to Complete Discovery. Despite the complexities in this case, at some point, fact discovery must end and the action must move toward resolution. Accordingly, the Motion is GRANTED IN PART and DENIED IN PART as follows: By Tuesday, February 28, 2023, Plaintiffs shall substantially complete the Supplemental Productions in accordance with the Court's privilege rulings in Monterey Bay III. By Friday, March 24, 2023, all remaining party depositions shall be completed. By Friday, April 14, 2023, all remaining non-party depositions shall be completed. By Friday, April 21, 2023, all fact discovery shall be completed. By Friday, April 28, 2023, the parties shall submit a joint letter certifying that all fact discovery is complete. All requests to admit, other than requests to admit limited to the authenticity or admissibility of evidence, shall be served no later than Friday, April 14, 2023. All discovery, including expert discovery, shall be completed by Friday, October 27, 2023, and by Friday, November 3, 2023, the parties must file a joint letter on the docket certifying that all discovery is complete. a. The parties will simultaneously exchange the disclosures required by Federal Rule of Civil Procedure 26(a)(2) on Friday, June 23, 2023 for principal expert reports. The parties will simultaneously exchange rebuttal expert disclosures required by Federal Rule of Civil Procedure 26(a)(2) on Friday, September 22, 2023. b. All expert depositions must be completed by Friday, October 27, 2023. No later than Friday, May 19, 2023, all counsel must meet in-person, or if required by public health condition, by live videoconference, to discuss settlement. 8. No further extensions of fact discovery will be granted. The Clerk of the Court is respectfully directed to close ECF Nos. 627 and 634. (Signed by Magistrate Judge Sarah L Cave on 2/13/2023) (rro)
February 13, 2023 Opinion or Order Set/Reset Deadlines: ( Deposition due by 10/27/2023., Discovery due by 10/27/2023., Expert Discovery due by 10/27/2023., Fact Discovery due by 4/21/2023.), (rro)
February 11, 2023 Opinion or Order Filing 634 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Defendants dated February 11, 2023 re: Request for conference. Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
February 10, 2023 Opinion or Order Filing 633 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 2/10/2023 re: Status update pursuant to February 7, 2023 Order. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Tabaksblat, Lauren)
February 10, 2023 Opinion or Order Filing 632 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Defendants dated February 10, 2023 re: Status update pursuant to February 7, 2023 order. Document filed by AMBAC Assurance Corporation..(Park, Tai)
February 10, 2023 Opinion or Order Filing 631 MEMO ENDORSEMENT on re: #630 Status Report filed by U.S. Air Force, U.S. Army. ENDORSEMENT: By Wednesday, February 15, 2023, the U.S. Department of the Army (the "Army") and Defendant Ambac Assurance Corporation ("Ambac," together with the Army, the "Parties") shall meet and confer to resolve the outstanding Rule 30(b)(6) topics. To the extent that any Rule 30(b)(6) topics remain in dispute, by February 15, 2023, the Parties may file a joint letter providing to the Court a list of the topics and, if any, the Parties' competing proposals for those that remain in dispute. By Friday, February 24, 2023, the Parties and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of the status of (i) the Army and Air Force's responses to Ambac's Touhy request, and (ii) service on Kathleen Ferguson. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/10/2023) (tg)
February 9, 2023 Opinion or Order Filing 630 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
February 7, 2023 Opinion or Order Filing 629 ORDER with respect to #627 Letter Motion for Extension of Time to Complete Discovery. Accordingly, by Friday, February 10, 2023, the parties shall meet and confer to agree on dates before February 22, 2023 for as many of the remaining witnesses (both party and non-party) as possible, and submit to the Court a complete list reflecting: (i) for the depositions that have been completed to date, the witness's name, affiliation, and date of the deposition; (ii) for the depositions that can be scheduled before February 22, 2023, the witness's name, affiliation, and deposition date; and (iii) for witnesses who, because of the witness's schedule cannot be scheduled before February 22, 2023, the name, affiliation, and reason why the witness cannot be deposed before February 22, 2023. The Court expects the parties to be scheduling more than one deposition per day; there are dozens of very capable counsel working on both sides of this action, such that attorneys' availability should not be dictating the scheduling of depositions. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/7/2023) (vfr)
February 6, 2023 Opinion or Order Filing 628 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 2/6/23 re: Response to Docket No. 627. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (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).(Tabaksblat, Lauren)
February 3, 2023 Opinion or Order Filing 627 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah L. Cave from Defendants dated February 3, 2023. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1 2023.01.23 email from T. Jones, #2 Exhibit 2 2023.01.25 email from M. McCafferty, #3 Exhibit 3 Proposed Order, #4 Exhibit 4 Proposed Order (Redline)).(Park, Tai)
February 3, 2023 Opinion or Order Filing 626 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernce proceeding held on 12/19/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js)
February 3, 2023 Opinion or Order Filing 625 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Adrienne Mignano, 92120 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 2/24/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/4/2023.(js)
February 2, 2023 Opinion or Order Filing 624 OPINION AND ORDER: re: #621 LETTER MOTION to Compel. addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/31/2023 filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC. For the reasons set forth above, the Letter-Motion is DENIED. The Clerk of Court is respectfully directed to close ECF No. 621. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/02/2023) (ama)
February 1, 2023 Opinion or Order Filing 623 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated February 1, 2023 re: #621 LETTER MOTION to Compel addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/31/2023. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Balber, Scott)
January 31, 2023 Opinion or Order Filing 622 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel Kelly, Amer Ahmed, and Lauren Tabaksblat dated 01/31/2023 re: Joint Status Update. Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
January 31, 2023 Opinion or Order Filing 621 LETTER MOTION to Compel addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/31/2023. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Tabaksblat, Lauren)
January 27, 2023 Opinion or Order Filing 620 ORDER: granting #612 Letter Motion to Seal. Plaintiff's letter-motion seeking to file its response letter and certain exhibits under seal (ECF No. 612) is GRANTED. The Clerk of Court is respectfully directed to (i) seal the documents at ECF Nos. 613, 613-2, 613-3, and 613-6 through 613-22 which shall remain visible only to the selected parties, (ii) unseal the documents at ECF Nos. 613-1, 613-4, and 613-5 which shall be made viewable to the public, and (iii) close ECF No. 612. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/27/2023) (ama)
January 27, 2023 Opinion or Order Filing 619 OPINION AND ORDER Before the Court is the letter-motion of Defendants Ambac Assurance Corporation ("Ambac") and Dan Ray ("Ray", with Ambac, the "Moving Defendants"), requesting clarification of the Court's January 19, 2023 Opinion & Order, (ECF Nos. 601 (the Jan. 19 Order); 603 (the "Letter-Motion")), and Plaintiffs' response to the Letter-Motion. (ECF No. 613 (the "Response")). For the reasons ser forth below, the Letter-Motion is DENIED. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/27/2023) (jca)
January 27, 2023 Opinion or Order Filing 618 MEMO ENDORSEMENT on #617 granting Motion to Withdraw as Attorney. ENDORSEMENT: Attorney Joseph M. Sanderson's ("Mr. Sanderson") letter motion to withdraw (ECF No. 617) is GRANTED. The Clerk of Court is respectfully directed to terminate Mr. Sanderson as counsel for the Plaintiffs and close ECF No. 617. SO ORDERED. Attorney Joseph Myer Sanderson terminated. (Signed by Magistrate Judge Sarah L Cave on 1/27/2023) (ama)
January 27, 2023 Opinion or Order Filing 617 MOTION for Joseph Myer Sanderson to Withdraw as Attorney . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Sanderson, Joseph)
January 26, 2023 Opinion or Order Filing 616 ORDER denying as moot #602 Letter Motion to Seal. Defendants Ambac Assurance Corporation and Dan Ray's letter-motion seeking to file under seal their letter seeking clarification of the Court's January 19, 2023 Opinion & Order (ECF No. 602) is DENIED AS MOOT as the transcript of the December 19, 2022 conference has been made available to the public. The Clerk of Court is respectfully directed to (i) unseal the document at ECF No. 603 which shall now be viewable to the public, and (ii) close ECF No. 602. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/26/23) (yv)
January 26, 2023 Opinion or Order Filing 615 ORDER. The Clerk of Court is respectfully directed to un-seal the Dec. 19 Transcript (ECF No. 590), which shall now be viewable to the public. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/26/23) (yv) Transmission to Sealed Records Clerk for processing. Modified on 1/27/2023 (yv).
January 26, 2023 Opinion or Order Filing 614 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/26/23 re: Redacted Response. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
January 26, 2023 Opinion or Order Filing 613 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/26/23 re: Response. Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities 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)Motion or Order to File Under Seal: #612 .(Tabaksblat, Lauren)
January 26, 2023 Opinion or Order Filing 612 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/26/2023. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
January 26, 2023 Opinion or Order Filing 611 ORDER granting in part and denying in part #608 Letter Motion to Seal. Plaintiff's letter-motion seeking to file (i) certain privileged exhibits via the Court's file transfer platform and (ii) its response letter under seal (ECF No. 608) is GRANTED IN PART AND DENIED IN PART. To the extent Plaintiff seeks to file supporting exhibits via the Court's file transfer platform, it may do so. As for the response letter, however, Plaintiffs may file a redacted version for the public docket, as well as a sealed version for the parties' review. The Clerk of Court is respectfully directed to close ECF No. 608. (Signed by Magistrate Judge Sarah L Cave on 1/26/2023) (ne)
January 26, 2023 Opinion or Order Filing 610 MEMO ENDORSEMENT on re: #607 Letter Joint Status Update filed by AMBAC Assurance Corporation. ENDORSEMENT : By Tuesday, January 31, 2023, the parties shall file a joint letter advising of the status of Plaintiffs' production of additional documents in accordance with the Court's rulings in the January 19, 2023 Opinion & Order. (ECF No. 601). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/26/23) (yv)
January 26, 2023 Opinion or Order Filing 609 MEMO ENDORSEMENT on re: #606 Status Report filed by U.S. Air Force, U.S. Army. ENDORSEMENT: By Thursday, February 9, 2023, the U.S. Department of the Army (the "Army") and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of the status of the Army and Air Force's responses to Defendant Ambac Assurance Corporations Touhy request. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/26/23) (yv)
January 26, 2023 Opinion or Order Filing 608 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/26/2023. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
January 25, 2023 Opinion or Order Filing 607 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly, Lauren Tabaksblat, and Amer S. Ahmed dated January 25, 2023 re: Joint Status Update. Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
January 25, 2023 Opinion or Order Filing 606 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
January 25, 2023 Opinion or Order Filing 605 ORDER denying as moot #457 Letter Motion to Seal. This motion is denied as moot because the transcript at issue has been publicly filed at Dkt. Nos. 454, 459. The Clerk of Court is directed to terminate the motion at Dkt. No. 457. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/25/2023) (ks)
January 24, 2023 Opinion or Order Filing 604 MEMO ENDORSEMENT on re: #603 Letter clarification regarding Privilege Order (ECF 601), filed by Jefferies Mortgage Finance, Inc., Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Malvern Capital, Danny Ray, Lackland Family Housing, LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Sill Housing, LLC, Jefferies & Company Inc., Stewart Hunter Housing LLC, AMBAC Assurance Corporation, Jefferies Group LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, Chetan Marfatia, AMC West Housing LP, Meade Communities LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, U.S. Air Force, U.S. Army, Jefferies L.L.C., Monterey Bay Land, LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Military Housing, LLC. ENDORSEMENT : By Thursday, January 26, 2023, Plaintiffs shall file their response to Defendants Ambac Assurance Corporation and Dan Ray's letter-motion seeking clarification of the January 19, 2023 Order. (ECF No. 603). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/24/23) (yv)
January 23, 2023 Opinion or Order Filing 603 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones and Amer S. Ahmed dated January 23, 2023 re: clarification regarding Privilege Order (ECF 601). Document filed by Picerne-Fort Polk Funding, LLC, Jefferies & Company Inc., U.S. Air Force, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Jefferies L.L.C., Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, Jefferies Group LLC, AMC West Housing LP, Malvern Capital, Fort Leavenworth Frontier Heritage Communities, I, LLC, Chetan Marfatia, Meade Communities LLC, U.S. Army, Bragg Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, AETC Housing LP, Jefferies Mortgage Finance, Inc., Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Danny Ray, Fort Detrick/Walter Reed Army Medical Center LLC, AMBAC Assurance Corporation, Riley Communities LLC.Motion or Order to File Under Seal: #602 .(Ahmed, Amer)
January 23, 2023 Opinion or Order Filing 602 JOINT LETTER MOTION to Seal Letter regarding Privilege Order (ECF 601) addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones and Amer S. Ahmed dated January 23, 2023. Document filed by Danny Ray..(Ahmed, Amer)
January 19, 2023 Opinion or Order Filing 601 OPINION AND ORDER re: #539 LETTER MOTION for Discovery re Privilege Log Exemplars and Letter Motion to File Under Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 11/29/2022. filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC. For the reasons set forth above, the Court rules as follows: (1) Exemplars 1, 3, 4, 6, 12, 13, 17, 18, 19, 20, 21, 23, 26, 29, and 30 are not protected by any privilege and must be produced to Defendants. (2) Exemplars 2, 8, 9, 11, 22, and 25 are protected from disclosure by the work product doctrine only to the extent that they relates to this action or the DSRF Action, and if they relate to another litigation, the work product protection has been waived by Plaintiffs' failure to designate them as work product on the Logs. (3) Exemplars 5, 7, 10, 14, the redacted portions of 15, 16, 24, 27, and 28 are protected from disclosure and do not need to be produced. (4) Plaintiffs shall review the Logs and produce any additional documents in accordance with the Court's rulings as to the Exemplars. (5) The parties may mutually agree among themselves to revise the Logs or the privilege protections for individual Exemplars without seeking further leave of Court. (6) The parties are directed to meet and confer and by Wednesday, January 25, 2023, file a joint letter advising of the status of Plaintiffs' production of additional documents in accordance with the Court's rulings in this Opinion & Order. The Clerk of the Court is respectfully directed to close ECF No. 539. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/19/23) (yv)
January 18, 2023 Opinion or Order Filing 600 ORDER: Before the Court is Defendant Ambac Assurance Corporation's ("Ambac") request for an order directing non-party Malvern Capital Partners, LLC ("Malvern") to comply with Ambac's subpoena (the "Subpoena"). (ECF No. 595 (the "Request"). Pursuant to the discovery conference held today, January 18, 2023 (the "Conference"), the Request is GRANTED IN PART and DENIED IN PART as follows: Malvern shall promptly permit Ambac's e-discovery vendor to retrieve (i) Austin Repetto's ("Repetto") computer (ECF No. 598 at 1 (the Computer") and (ii) Repetto's electronically stored documents pre-dating March 2005 and relating to the MHPI Projects in connection with Repetto's employment with BBC (together with the Computer, the "Devices"). Ambac shall instruct its e-discovery vendor to promptly collect the electronically stored information (the "ESI") from the Devices (the "Collection") and return the Devices to Malvern. Ambac and Malvern shall split the "approximately $2000" cost (ECF No. 595 at 2) for the Collection. Ambac shall bear all subsequent costs associated with its search, review, and production of the ESI. If Ambac wishes to collect and review Malvern's hard copy records for documents responsive to the Subpoena, it shall engage its own vendor to do so, and shall bear all costs associated with the collection and review. The parties shall order a transcript of the Conference and file it on the docket. Ambac shall promptly serve a copy of this Order on Malvern. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/18/2023) (ama)
January 18, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/18/2023. Attorneys Tenisha Williams and Taylor Jones appeared on behalf of the Defendant AMBAC Assurance Corporation. Attorney Hannah Kirshner appeared on behalf of Defendant Danny Ray. Attorney David Trachtenberg appeared on behalf of non-party Malvern Capital Partners, LLC. (ne)
January 17, 2023 Opinion or Order Filing 599 NOTICE OF APPEARANCE by Cullinan Williams on behalf of Danny Ray..(Williams, Cullinan)
January 17, 2023 Opinion or Order Filing 598 LETTER addressed to Magistrate Judge Sarah L. Cave from David Trachtenberg dated January 17,2023 re: Order dated January 11, 2023. Document filed by Malvern Capital..(Trachtenberg, David)
January 11, 2023 Opinion or Order Filing 597 MEMO ENDORSEMENT on re: #595 Letter Status of Malvern Capital Partners, LLC's compliance with Ambac's subpoena, filed by AMBAC Assurance Corporation. ENDORSEMENT: A telephonic conference to address the issues outlined in Defendant Ambac Assurance Corporation's ("Ambac") letter dated January 10, 2023 (ECF No. 595 (the "Letter")) will be held on Wednesday, January 18, 2023 at 3:00 p.m., on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Malvern Capital Partners, LLC ("Malvern") shall file their response to the Letter no later than 12:00 p.m. on Tuesday, January 17, 2023. No parties other than Ambac and Malvern are required to attend. SO ORDERED., ( Telephone Conference set for 1/18/2023 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/11/23) (yv)
January 11, 2023 Opinion or Order Filing 596 MEMO ENDORSEMENT on re: #594 Status Report filed by U.S. Air Force, U.S. Army. ENDORSEMENT The Court appreciates the progress reflected in the parties' status report. By Wednesday, January 25, 2023, the U.S. Department of the Army (the Army) and the U.S. Department of the Air Force (the Air Force) shall file a letter advising the Court of the status of the Army and Air Force's responses to Defendant Ambac Assurance Corporations Touhy request. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/11/2023) (jca)
January 10, 2023 Opinion or Order Filing 595 LETTER addressed to Magistrate Judge Sarah L. Cave from Tenisha L. Williams dated January 10, 2023 re: Status of Malvern Capital Partners, LLC's compliance with Ambac's subpoena. Document filed by AMBAC Assurance Corporation..(Leone, Tenisha)
January 10, 2023 Opinion or Order Filing 594 STATUS REPORT. Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
January 9, 2023 Opinion or Order Filing 593 ORDER: Having reviewed the Letter, and pursuant to Federal Rule of Civil Procedure 26(c) (1), the Court ORDERS as follows: 1. To the extent that Plaintiffs intend to question any of Jefferies' Witnesses about written communications concerning any of the Topics, no later than five (5) business days before that Witness's deposition, Plaintiffs shall provide to Jefferies a list of up to 50 documents per Topic (the "Exhibits"), without prejudice to Plaintiffs' ability to question any of the Witnesses about: (i) oral communications about that Topic generally; (ii) documents that the Witnesses testify refreshed their recollection about that Topic, see Aviles v. S&P Glob., Inc., 583 F. Supp. 3d 499, 50506 (S.D.N.Y. 2022); Fed. R. Evid. 612; or (iii) additional documents described by the Witnesses during their testimony on that Topic. See Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., 328 F.R.D. 100, 125 (S.D.N.Y. 2018) (permitting Rule 30(b)(6) witness to be questioned about up to 50 documents on a particular topic and requiring defendants to identify the 50 documents before the deposition). As further set forth in this order. The parties may mutually agree to additional revisions to the Topics without further leave of Court. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/9/2023) (ks)
January 6, 2023 Opinion or Order Filing 592 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 1/6/23 re: Outstanding 30(b)(6) Topics. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
January 4, 2023 Opinion or Order Filing 591 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/19/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (nmo)
January 4, 2023 Opinion or Order Filing 590 TRANSCRIPT of Proceedings re: Conference held on 12/19/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Adrienne Mignano, 92120 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 1/25/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/4/2023. (nmo)
December 29, 2022 Opinion or Order Filing 589 MEMO ENDORSEMENT on re: #587 Letter filed by Malvern Capital. ENDORSEMENT: By Tuesday, January 10, 2023, Defendant Ambac Assurance Corp. ("Ambac") shall file a letter advising the Court with the status of Malvern Capital Partners, LLC's compliance with the Ambac subpoena. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/29/2022) (kv)
December 29, 2022 Opinion or Order Filing 588 ORDER: On December 21, 2022, the Court temporarily filed under seal its Opinion and Order (ECF No. 584 (the "Dec. 21 O&O")) due to references to sealed filings, and invited the parties to submit to the Court any proposed redactions to the Dec. 21 O&O by December 28, 2022. (Id. at 14). To date, the parties have not filed any proposed redactions to the Dec. 21 O&O. Accordingly, the Clerk of Court is respectfully directed to un-seal the Dec. 21 O&O (ECF No. 584), which shall now be viewable to the public. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/29/2022) (kv)
December 28, 2022 Opinion or Order Filing 587 LETTER addressed to Magistrate Judge Sarah L. Cave from David Trachtenberg dated December 28, 2022 re: Order dated December 19, 2022. Document filed by Malvern Capital..(Trachtenberg, David)
December 27, 2022 Opinion or Order Filing 586 MEMO ENDORSEMENT: on re: #585 Response filed by U.S. Air Force, U.S. Army. ENDORSEMENT: By Tuesday, January 10, 2023, the U.S. Department of the Army (the "Army") and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of the status of the Army and Air Force's responses to Defendant Ambac Assurance Corporation's Touhy request. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/27/2022) (ama)
December 23, 2022 Opinion or Order Filing 585 RESPONSE re: #580 Order on Motion for Reconsideration, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by U.S. Air Force, U.S. Army..(Bannon, Zachary)
December 21, 2022 Opinion or Order Filing 584 ***SELECTED PARTIES*** OPINION AND ORDER. For the reasons set forth above, the Motion is DENIED. Due to references to sealed filings, this Opinion and Order is being issued temporarily under seal. By Wednesday, December 28, 2022, the parties shall submit to the Court any proposed redactions to this Opinion and Order, which the Court will take under advisement in preparing a public version to be filed on the docket. The Clerk of the Court is respectfully directed to make this document available only to the case participants and the Court at this time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/21/22) (yv)
December 21, 2022 Opinion or Order Filing 583 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/21/2022 re: Response to Docket No. 580. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 20, 2022 Opinion or Order Filing 582 CERTIFICATE OF SERVICE of December 19, 2022 Order served on Malvern Capital Partners, LLC on 12/20/2022. Service was made by Electronic Mail. Document filed by AMBAC Assurance Corporation..(Leone, Tenisha)
December 20, 2022 Opinion or Order Filing 581 LETTER addressed to Magistrate Judge Sarah L. Cave from David Trachtenberg dated December 20, 2022 re: Docket 580: Order Issued by Judge Cave. Document filed by Malvern Capital..(Trachtenberg, David)
December 19, 2022 Opinion or Order Filing 580 ORDER denying #529 Motion for Reconsideration re #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, #559 LETTER MOTION to Compel Malvern Capital Partners, LLC to Comply addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 12, 2022. filed by AMBAC Assurance Corporation ; denying without prejudice #559 Motion to Compel. Pursuant to the discovery conference held today, December 19, 2022 (the "Conference"), the Court orders as follows: 1. Plaintiffs shall promptly advise the Court of the identity of "CoreImpact" and its relationship to Plaintiffs. 2. Plaintiffs shall undertake to determine whether the document productions in D'Antonio v. Monterey Bay Military Housing, Case No. 21 Civ. 2607 (N. D. Cal.) and Addi v. Corvias, Case No. 19 Civ. 3253 (D. Md.) included any summary documents concerning (i) the conditions and (ii) maintenance of the Monterey and Meade Projects. Plaintiffs shall promptly advise Defendants if such summary documents exist and when such documents will be produced. 3. By Friday, December 23, 2022, the U.S. Department of the Army (the "Army") and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of (i) the status of the Army's productions, and (ii) the status of the Air Force's reasonable search of responsive documents to the Touhy request. a. The Army, Air Force, and Defendant Ambac Assurance Corporation ("Ambac") shall meet and confer to determine the Federal Rule of Civil Procedure 30(b)(6) topics to be addressed to the Army, in lieu of a deposition of General Edward M. Daly. 4. Malvern Capital Partners, LLC ("Malvern") shall undertake a reasonable search in response to the subpoena from Ambac for (i) communications concerning Ambac, the Jefferies Defendants, Defendant Dan Ray, Capmark, and GMAC, and (ii) contracts between Malvern and the Developers. Ambac shall provide to Malvern a proposed list of search terms. By Wednesday, December 28, 2022, Malvern shall file a letter to the Court advising the Court of the status of the search. a. Ambac is directed to serve a copy of this Order on Malvern and file proof of service by Tuesday, December 20, 2022. 5. By Friday, January 6, 2023, Plaintiffs shall produce to Defendants a spreadsheet identifying for all 19 non-MHPI projects: a. the names of each Project; b. the respective dates of each Project; and c. each Project's interest rate. 6. By Friday, January 6, 2023, Plaintiffs and the Jefferies Defendants shall meet and confer to resolve the outstanding Rule 30(b)(6) topics to the Jefferies Defendants. To the extent that any Rule 30(b)(6) topics remain in dispute, by January 6, 2023, the parties may file a joint letter by then providing to the Court a list of the topics and, if any, the parties' competing proposals for those that remain in dispute. 7. Plaintiffs' motion for reconsideration (ECF No. 529) is DENIED, and the Court shall issue a written opinion and order forthwith. 8. To the extent Ambac's pre-conference letter requests leave to file a motion, pursuant to Federal Rule of Civil Procedure 37(c)(1), concerning Plaintiffs "new categories of damages" (the "Damages Motion") (ECF No. 568), the request is DENIED WITHOUT PREJDUICE. Ambac may renew its request to file the Damages Motion following the close of fact discovery. 9. The deadline for the parties to serve contention interrogatories is EXTENDED to Monday, January 23, 2023. 10. The parties shall order a Transcript of the Conference and file it on the docket. 11. The Clerk of Court is respectfully directed to close ECF Nos. 529 and 559. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 12/19/2022) (ks)
December 19, 2022 Opinion or Order Filing 579 ORDER FOR ADMISSION PRO HAC VICE granting #577 Motion for Tenisha L. Williams to Appear Pro Hac Vice. The motion of Tenisha L. Williams for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is respectfully directed to close ECF No. 577. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/19/22) (yv)
December 19, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #577 MOTION for Tenisha L. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27099802. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
December 19, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: In Person Status Conference held on 12/19/2022. Attorneys Lauren Tabaksblat, Meghan McCafferty, and Richard Darst appeared on behalf of Plaintiffs. Attorneys Jeremy Baldoni, Taylor Jones and Tenisha Williams appeared on behalf of the AMBAC Defendants. Attorney Scott Balber appeared on behalf of the Jeffries Defendants. Attorney Brian Muldrew appeared on behalf of Defendant Mafatia. Attorneys Amer Ahmed and Hannah Kirshner appeared on behalf of Defendant Ray. AUSA Zack Bannon appeared on behalf of non-party U.S. Army and U.S. Air Force. (ne)
December 17, 2022 Opinion or Order Filing 578 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 17, 2022 re: #559 LETTER MOTION to Compel Malvern Capital Partners, LLC to Comply addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 12, 2022. . Document filed by AMBAC Assurance Corporation..(Jones, Taylor)
December 16, 2022 Opinion or Order Filing 577 MOTION for Tenisha L. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27099802. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Certificate of Good Standing).(Leone, Tenisha)
December 15, 2022 Opinion or Order Filing 576 RESPONSE re: #568 Letter Seeking Judicial Intervention Regarding U.S. Army and U.S. Air Force Touhy Requests. Document filed by U.S. Army, U.S. Air Force..(Bannon, Zachary)
December 15, 2022 Opinion or Order Filing 575 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from David Trachtenberg dated December 15, 2022 re: #559 LETTER MOTION to Compel Malvern Capital Partners, LLC to Comply addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 12, 2022. . Document filed by Malvern Capital..(Trachtenberg, David)
December 15, 2022 Opinion or Order Filing 574 ORDER granting #570 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file under seal its reply in support of its motion for reconsideration (ECF No. 570) is GRANTED. The Clerk of Court is respectfully directed to (i) seal the document at ECF No. 571 which shall remain visible only to the selected parties, and (ii) close ECF No. 570. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/15/22) (yv)
December 15, 2022 Opinion or Order Filing 573 LETTER addressed to Magistrate Judge Sarah L. Cave from Meghan McCafferty dated 12/15/2022 re: Attorney Affiliation Lists. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit Initial Attorney Affiliation List, #2 Exhibit Supplemental Attorney Affiliation List).(McCafferty, Meghan)
December 15, 2022 Opinion or Order Filing 572 ORDER granting #566 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file under seal its pre-conference letter, the Declaration of Lauren Tabaksblat (the "Declaration"), and the Declaration's corresponding exhibits (ECF No. 566) is GRANTED. The Clerk of Court is respectfully directed to (i) seal the documents at ECF Nos. 567 and 567-1 - 567-3 which shall remain visible only to the selected parties, and (ii) close ECF No. 566. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 12/15/2022) (kv)
December 14, 2022 Opinion or Order Filing 571 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . . Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. Motion or Order to File Under Seal: #570 .(Tabaksblat, Lauren)
December 14, 2022 Opinion or Order Filing 570 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/14/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 14, 2022 Opinion or Order Filing 569 REPLY MEMORANDUM OF LAW in Support re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 14, 2022 Opinion or Order Filing 568 LETTER addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated December 14, 2022 re: December 19, 2022 conference. Document filed by AMBAC Assurance Corporation..(Park, Tai)
December 14, 2022 Opinion or Order Filing 567 ***SELECTED PARTIES***DECLARATION of Lauren Tabaksblat in Support re: #566 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/14/2022.. Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Letter re: outstanding discovery)Motion or Order to File Under Seal: #566 .(Tabaksblat, Lauren)
December 14, 2022 Opinion or Order Filing 566 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/14/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 14, 2022 Opinion or Order Filing 565 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 14, 2022 re: Issues for December 19 conference. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
December 14, 2022 Opinion or Order Filing 564 LETTER addressed to Magistrate Judge Sarah L. Cave from Amer S. Ahmed dated December 14, 2022 re: December 19, 2022 Conference. Document filed by Danny Ray..(Ahmed, Amer)
December 14, 2022 Opinion or Order Filing 563 ORDER. In Plaintiffs' letter responding to Defendants Ambac Assurance Corporation and Dan Ray (together, the "Defendants") November 29, 2022 letter discussing privilege log issues, Plaintiffs state that they have "provided Defendants with attorney affiliation lists detail[ing] the nature of the relationship and privilege with third party advisors[,]" i.e., the "Second Supplemental Attorney Affiliation List[,]" (the "List"). (ECF No. 545 at 3 n.11). Although Plaintiffs have provided the List for the Court's review, (see ECF No. 539-5), Plaintiffs have not provided its previous iterations, presumably the Attorney Affiliation List and the First Supplemental Attorney Affiliation List (together, the "Prior Lists"). Accordingly, by Thursday, December 15, 2022, Plaintiffs shall file the Prior Lists. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/14/22) (yv)
December 13, 2022 Opinion or Order Filing 562 ORDER granting #558 Letter Motion to Seal. Defendant Ambac Assurance Corporation's letter-motion seeking to file under seal the eleven exhibits to its pre-motion conference letter (ECF No. 558) is GRANTED. The Clerk of Court is respectfully directed to (i) seal the documents at ECF Nos. 559-1 559-11 which shall remain visible only to the selected parties, (ii) un-seal the document at ECF No. 559 which shall be viewable to the public, and (iii) close ECF No. 558. The Clerk of Court is respectfully directed to close ECF No. 558. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/13/22) (yv)
December 13, 2022 Opinion or Order Filing 561 ORDER: granting #553 Letter Motion to Seal. Jefferies Entities' letter-motion seeking to file their memorandum of law in opposition to Plaintiffs' motion to reconsider, the declaration of Scott S. Balber, and its corresponding exhibit, under seal (ECF No. 553) is GRANTED, and the documents at ECF Nos. 554, 555, and 555-1 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 553. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/13/2022) (ama)
December 13, 2022 Opinion or Order Filing 560 ORDER: granting #551 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file an excerpt of a deposition transcript that has been designated temporarily confidential, under seal (ECF No. 551) is GRANTED, and the document at ECF No. 552 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 551. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/13/2022) (ama)
December 12, 2022 Opinion or Order Filing 559 ***SELECTED PARTIES*** LETTER MOTION to Compel Malvern Capital Partners, LLC to Comply addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 12, 2022. Document filed by AMBAC Assurance Corporation, AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Lackland Family Housing, LLC, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A- 2022.01.07 Ambac Subpoena to Malvern Capital Partners, LLC, #2 Exhibit B- 2021.02.08 P's R&Os to Jefferies' 1st Set of Rogs, #3 Exhibit C- 2022.02.28 Malvern Responses & Objections, #4 Exhibit D- 2005.07.12 Email from A Repetto to C Williams, #5 Exhibit E- 2005.08.30 Email from C Williams to A Repetto, #6 Exhibit F- 2008.05.27 Email from K Pease to D Hubley et al, #7 Exhibit G- 2004.06.02_MHPI_00016684-MHPI_00016684, #8 Exhibit H- 2004.06.09_MHPI_00016734-MHPI_00016735, #9 Exhibit I- 2004.08.24_MHPI_02591793-MHPI_02591794, #10 Exhibit J- 2004.10.11_MHPI_00020358-MHPI_00020358, #11 Exhibit K- Malvern Engagement Letter)Motion or Order to File Under Seal: #558 .(Jones, Taylor)
December 12, 2022 Opinion or Order Filing 558 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 12, 2022. Document filed by AMBAC Assurance Corporation..(Jones, Taylor)
December 12, 2022 Opinion or Order Filing 557 DECLARATION of Scott S. Balber in Opposition re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, .. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit 1).(Balber, Scott)
December 12, 2022 Opinion or Order Filing 556 MEMORANDUM OF LAW in Opposition re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
December 12, 2022 Opinion or Order Filing 555 ***SELECTED PARTIES***DECLARATION of Scott S. Balber in Opposition re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, .. Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Jefferies Mortgage Finance, Inc., AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #553 .(Balber, Scott)
December 12, 2022 Opinion or Order Filing 554 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . . Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Jefferies Mortgage Finance, Inc., AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. Motion or Order to File Under Seal: #553 .(Balber, Scott)
December 12, 2022 Opinion or Order Filing 553 LETTER MOTION to Seal re: Opposition to Motion to Reconsider addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 12, 2022. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
December 12, 2022 Opinion or Order Filing 552 ***SELECTED PARTIES***NOTICE of Exhibit A re: #530 Memorandum of Law in Support of Motion,,, #551 LETTER MOTION to Seal Exhibit A addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/12/2022.. Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. Motion or Order to File Under Seal: #551 .(Tabaksblat, Lauren)
December 12, 2022 Opinion or Order Filing 551 LETTER MOTION to Seal Exhibit A addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/12/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 12, 2022 Opinion or Order Filing 550 ORDER granting #436 Letter Motion to Seal. Jefferies Entities' letter-motion seeking to file the declaration of Scott S. Balber in support of their motion to sever claims, and its corresponding exhibits, under seal (ECF No. 436) is GRANTED, and the documents at ECF Nos. 437 and 437-1 437-27 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 436. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/12/22) (yv)
December 12, 2022 Opinion or Order Filing 549 ORDER granting #547 Letter Motion to Seal. Defendants Ambac Assurance Corporation and Dan Ray's letter-motion to file their reply letter in support of their request to compel Plaintiffs to produce discovery, and its corresponding exhibits, under seal (ECF No. 547) is GRANTED, and the documents at ECF Nos. 548 and 548-1 548-2 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 547. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/12/22) (yv)
December 9, 2022 Opinion or Order Filing 548 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly and Amer S. Ahmed dated December 9, 2022 re: Ambac and Dan Ray's Letter pursuant to the Court's November 14, 2022 Order and in further support of their letter re: privilege log disputes (Dkt. 537). Document filed by Picerne-Fort Polk Funding, LLC, Jefferies & Company Inc., Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Jefferies L.L.C., Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, Jefferies Group LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Chetan Marfatia, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, AETC Housing LP, Jefferies Mortgage Finance, Inc., Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Danny Ray, Fort Detrick/Walter Reed Army Medical Center LLC, AMBAC Assurance Corporation, Riley Communities LLC. (Attachments: #1 Exhibit MHPI_01107273-MHPI_01107408, #2 Exhibit MHPI_01107409-MHPI_01107514)Motion or Order to File Under Seal: #547 .(Kelly, Daniel)
December 9, 2022 Opinion or Order Filing 547 JOINT LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly and Amer S. Ahmed dated December 9, 2022. Document filed by AMBAC Assurance Corporation, Danny Ray..(Kelly, Daniel)
December 7, 2022 Opinion or Order Filing 546 ORDER granting #544 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file its letter, which references exemplars of documents Plaintiffs withheld as privileged and have been submitted to the Court for in camera review and its corresponding exhibit, under seal (ECF No. 544) is GRANTED, and the documents at ECF Nos. 545 and 545-1 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 544. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/7/22) (yv)
December 6, 2022 Opinion or Order Filing 545 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/06/2022 re: Plaintiffs' Letter to the Court pursuant to the Court's November 14, 2022 Order and in response to Defendants' November 29, 2022 Letter (ECF Nos. 523, 537). Document filed by Picerne-Fort Polk Funding, LLC, Jefferies & Company Inc., Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Jefferies L.L.C., Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, Jefferies Group LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Chetan Marfatia, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, AETC Housing LP, Jefferies Mortgage Finance, Inc., Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Danny Ray, Fort Detrick/Walter Reed Army Medical Center LLC, AMBAC Assurance Corporation, Riley Communities LLC. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #544 .(Tabaksblat, Lauren)
December 6, 2022 Opinion or Order Filing 544 LETTER MOTION to Seal Plaintiffs' Letter to the Court and Exhibit 1 addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 12/06/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 5, 2022 Opinion or Order Filing 543 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly and Amer S. Ahmed dated 11/29/2022 re: Privilege Log Disputes (redacted copy of dkt. 537). Document filed by AMBAC Assurance Corporation, Danny Ray..(Kelly, Daniel)
November 30, 2022 Opinion or Order Filing 542 ORDER granting #538 LETTER MOTION to Seal and Letter re Privilege Log Exemplars. Plaintiffs' letter-motion seeking to file its privilege logs, list of exemplars, and second supplemental attorney affiliation list, under seal (ECF No. 538) is GRANTED, and the documents at ECF No. 539, 539-1 539-5 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 538. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 11/30/2022) (jca)
November 30, 2022 Opinion or Order Filing 541 ORDER granting #536 Letter Motion to Seal. Defendants Ambac Assurance Corporation and Dan Ray's (the "Defendants") letter seeking to file its letter setting forth their position with respect to Plaintiffs' privilege claims (ECF No. 536) is GRANTED, and the document at ECF No. 537 shall remain visible only to the selected parties. By Monday, December 5, 2022, Defendants shall confer with Plaintiffs and file the redacted versions of these documents. The Clerk of Court is respectfully directed to close ECF No. 536. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 11/30/2022) (jca)
November 29, 2022 Opinion or Order Filing 540 ORDER granting #531 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file an exhibit to its Memorandum of Law in Support of its Motion to Reconsider (ECF No. 531) is GRANTED, and the document at ECF No. 532-2 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 531. (Signed by Magistrate Judge Sarah L Cave on 11/29/2022) (ne)
November 29, 2022 Opinion or Order Filing 539 ***SELECTED PARTIES*** LETTER MOTION for Discovery re Privilege Log Exemplars and Letter Motion to File Under Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 11/29/2022. Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit In Camera Review Documents, #2 Exhibit Plaintiffs' Supplemental Privilege Log - 11.3.22 - Part 1 of 3, #3 Exhibit Plaintiffs' Supplemental Privilege Log - 11.3.22 - Part 2 of 3, #4 Exhibit Plaintiffs' Supplemental Privilege Log - 11.3.22 - Part 3 of 3, #5 Exhibit Plaintiffs' Second Supplemental Attorney Affiliation List)Motion or Order to File Under Seal: #538 .(Tabaksblat, Lauren)
November 29, 2022 Opinion or Order Filing 538 LETTER MOTION to Seal and Letter re Privilege Log Exemplars addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 11/29/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit In Camera Review Documents (Filed Under Seal), #2 Exhibit Plaintiff's Supplemental Privilege Log - 11.03.22 (Filed Under Seal), #3 Exhibit Plaintiff's Second Supplemental Attorney Affiliation List).(Tabaksblat, Lauren)
November 29, 2022 Opinion or Order Filing 537 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly and Amer S. Ahmed dated 11/29/2022 re: Privilege Log Disputes. Document filed by Picerne-Fort Polk Funding, LLC, Jefferies & Company Inc., Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Jefferies L.L.C., Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, Jefferies Group LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Chetan Marfatia, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, AETC Housing LP, Jefferies Mortgage Finance, Inc., Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Danny Ray, Fort Detrick/Walter Reed Army Medical Center LLC, AMBAC Assurance Corporation, Riley Communities LLC.Motion or Order to File Under Seal: #536 .(Kelly, Daniel)
November 29, 2022 Opinion or Order Filing 536 JOINT LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly and Amer S. Ahmed dated 11/29/2022. Document filed by AMBAC Assurance Corporation, Danny Ray..(Kelly, Daniel)
November 29, 2022 Opinion or Order Filing 535 REDACTION to #534 Order on Motion to Seal,, #532 Memorandum of Law in Support of Motion,,,, #530 Memorandum of Law in Support of Motion,,, by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP.(Tabaksblat, Lauren)
November 29, 2022 Opinion or Order Filing 534 ORDER granting #533 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file the Memoranda of Law in Support of its Motion to Reconsider (ECF No. 533) is GRANTED, documents at ECF Nos. 530 and 532 shall remain visible only to the selected parties. By today, Tuesday, November 29, 2022, Plaintiffs shall file a Memorandum of Law in Support of its Motion to Reconsider, redacting deposition testimony that has been designated temporarily confidential pursuant to the Stipulated Protective Order and its subsequent amendments. (ECF Nos. 135; 375; 425). The Clerk of Court is respectfully directed to close ECF No. 533. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/29/2022) (tg)
November 29, 2022 Opinion or Order Filing 533 LETTER MOTION to Seal ECF 530 addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated November 29, 2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
November 29, 2022 Opinion or Order Filing 532 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . . Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit A - September 29, 2022 Hearing Transcript, #2 Exhibit B - November 14, 2022 Hearing Transcript (Filed Under Seal))Motion or Order to File Under Seal: #531 .(Tabaksblat, Lauren)
November 28, 2022 Opinion or Order Filing 531 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated November 29, 2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
November 28, 2022 Opinion or Order Filing 530 MEMORANDUM OF LAW in Support re: #529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A - September 29, 2022 Hearing Transcript, #2 Exhibit B - November 14, 2022 Hearing Transcript (Exhibit Filed Under Seal)).(Tabaksblat, Lauren)
November 28, 2022 Opinion or Order Filing 529 MOTION for Reconsideration re; #523 Order on Motion to Compel,,,,,,,,,, . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
November 23, 2022 Opinion or Order Filing 528 ORDER granting in part and denying in part #526 Letter Motion for Extension of Time to Complete Discovery. Defendants' Motion is GRANTED IN PART and DENIED IN PART, as follows: 1. All fact discovery must be completed by February 22, 2023. Within one week of the close of fact discovery, that is March 1, 2023, the parties must file a joint letter on the docket certifying that fact is discovery is complete. 2.The fact deposition deadline is EXTENDED to February 22, 2023. 3. All written discovery, including contention interrogatories must be served no later than 60 days before the close of fact discovery, i.e., December 27, 2022. See Fed. R.Civ. P. 6(a)(1). 4. All requests to admit, other than requests to admit limited to the authenticity or admissibility of evidence, no later than 31 days before the close of fact discovery, i.e.,January 23, 2023. See Fed. R. Civ. P. 6(a)(1). 5. All discovery, including expert discovery, must be completed by September 20, 2023. Within one week of the close of expert discovery, that is September 27, 2023, the parties must file a joint letter on the docket certifying that all discovery is complete. a. The parties will simultaneously exchange the disclosures required by Federal Rule of Civil Procedure 26(a)(2) on April 19, 2023 for principal expert reports. The parties will simultaneously exchange rebuttal expert disclosures required by Federal Rule of Civil Procedure 26(a)(2) on July 12, 2023. 6. No later than 28 days following the close of fact discovery, all counsel must meet face-to-face, or, if required by public health conditions, by live videoconference, for at least one hour to discuss settlement. 7. No further extensions will be granted absent extraordinary circumstances. 8. The Clerk of Court is respectfully directed to close ECF No. 526. SO ORDERED. Depositions due by 2/22/2023. Discovery due by 9/20/2023. (Signed by Magistrate Judge Sarah L Cave on 11/23/2022) (vfr)
November 23, 2022 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 9/20/2023. Fact Discovery due by 2/22/2023. (vfr)
November 22, 2022 Opinion or Order Filing 527 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 11/22/2022 re: #526 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah L. Cave from Defendants dated November 21, 2022. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Tabaksblat, Lauren)
November 21, 2022 Opinion or Order Filing 526 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah L. Cave from Defendants dated November 21, 2022. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1 [Proposed] Second Am. Case Management Plan and Scheduling Order, #2 Exhibit 2 Redline, #3 Exhibit 3 Letter dated Oct. 28, 2020, #4 Exhibit 4 Letter dated Nov. 23, 2021, #5 Exhibit 5 Letter dated Dec. 21, 2021, #6 Exhibit 6 Email dated May 6, 2022, #7 Exhibit 7 Email dated May 22, 2022, #8 Exhibit 8 Email dated Sept. 21, 2022, #9 Exhibit 9 Email dated Oct. 5, 2022, #10 Exhibit 10 Email dated Oct. 7, 2022, #11 Exhibit 11 Email dated Oct. 24, 2022, #12 Exhibit 12 Email dated Oct. 26, 2022, #13 Exhibit 13 Email dated Oct. 31, 2022).(Park, Tai)
November 17, 2022 Opinion or Order Filing 525 TRANSCRIPT of Proceedings re: Conference held on 11/14/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/8/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/15/2023. (nmo)
November 17, 2022 Opinion or Order Filing 524 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/14/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (nmo)
November 14, 2022 Opinion or Order Filing 523 ORDER: denying #491 Letter Motion to Compel. Pursuant to the discovery conference held today, November 14, 2022 (the "Conference"), the Court orders as follows: For the reasons stated on the record during the Conference, Plaintiffs' motion to compel the Jefferies Defendants' production of documents relating to the 2014 Non-Prosecution Agreement (ECF No. 491) is DENIED. By Friday, November 18, 2022, Plaintiffs shall provide Defendants with a list of the attorneys' names that appear on the privilege log(s) for the unclean hands documents (the "Unclean Hands Privilege Logs"). (ECF No. 518 at 3). Plaintiffs shall ascertain the accessibility of the documents reflected on the Unclean Hands Privilege Logs, and the parties shall meet and confer regarding which documents Defendants continue to seek. By Tuesday, November 29, 2022, the parties shall jointly file the privilege logs reflecting Plaintiffs' assertion of the common interest privilege (the "Common Interest Privilege Logs") and a list of the 30 mutually-agreed exemplars, or alternatively, fifteen exemplars each, for in camera review. The Court will email counsel with instructions for submitting the exemplars from the Common Interest Privilege Logs through the Court's file-share system. Tuesday, November 29, 2022, Defendants shall file a letter regarding the Common Interest Privilege Log issues (the "Privilege Log Letter"). By Tuesday, December 6, 2022, Plaintiffs shall file their response to the Privilege Log Letter. By Friday, December 9, 2022, Defendants shall file their reply. The letters shall not exceed five pages. An in person status conference is scheduled Monday, December 19, 2022 at 2:00 p.m. in Courtroom 18A, 500 Pearl Street, New York, New York (the "December Conference"). By 5:00 pm on Wednesday, December 14, 2022, any party wishing to do so may file a letter of no longer than three (3) pages listing discovery disputes requiring the Court's attention during the December Conference (the "Pre-Conference Letters"). Responses will not be permitted. In anticipation of the December Conference, the parties shall meet and confer regarding (i) the nine topics set forth in Defendants' Rule 30(b)(6) notices (i.e., topics 5, 9, 17, 19, 48, 5457), and (ii) extensions to the discovery deadline. To the extent the parties disagree, the parties may include those contentions in the Pre-Conference Letters. The parties shall order a Transcript of the Conference and file it on the docket prior to the December Conference. The Clerk of Court is respectfully directed to close ECF No. 491. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/14/2022) (ama)
November 14, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: In Person Discovery Conference held on 11/14/2022. Attorneys Lauren Tabaksblat, Meghan McCafferty, and Johanna Fay appeared on behalf of the Plaintiffs. Attorneys Taylor Jones and Daniel Kelly appeared on behalf of the Ambac Defendants. Attorney Amer Ahmed appeared on behalf of Defendant Ray. Attorney Scott Balber appeared on behalf of the Jefferies Defendants. Attorney David L. Goldberg appeared on behalf of Defendant Marfatia. (ne)
November 14, 2022 Opinion or Order Set/Reset Deadlines:, Set/Reset Hearings:( Status Conference set for 12/19/2022 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (ama)
November 10, 2022 Opinion or Order Filing 522 ORDER granting #520 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file its pre-conference letter, and corresponding exhibits 14 under seal, (ECF No. 520) is GRANTED, and the documents at ECF Nos. 519, 519-1 519-4 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 520. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/10/22) (yv)
November 10, 2022 Opinion or Order Filing 521 ORDER granting #516 Letter Motion to Seal. Defendant Ambac Assurance Corporation's letter-motion seeking to file its pre-conference letter, and its corresponding exhibits, under seal (ECF No. 516) is GRANTED, and the documents at ECF No. 518, 518-1 518-4 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 516. shall remain visible only to the selected parties. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/10/22) (yv)
November 9, 2022 Opinion or Order Filing 520 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 11/9/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
November 9, 2022 Opinion or Order Filing 519 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 11/9/2022 re: discovery disputes. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Tabaksblat, Lauren)
November 9, 2022 Opinion or Order Filing 518 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated November 9, 2022 re: Discovery Disputes. Document filed by Picerne-Fort Polk Funding, LLC, Jefferies & Company Inc., Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Jefferies L.L.C., Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, Jefferies Group LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Chetan Marfatia, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, AETC Housing LP, Jefferies Mortgage Finance, Inc., Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Danny Ray, Fort Detrick/Walter Reed Army Medical Center LLC, AMBAC Assurance Corporation, Riley Communities LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #516 .(Kelly, Daniel)
November 9, 2022 Opinion or Order Filing 517 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated November 9, 2022 re: Discovery Disputes for November 14, 2022 Conference. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Balber, Scott)
November 9, 2022 Opinion or Order Filing 516 LETTER MOTION to Seal Ambac's pre-conference letter setting forth outstanding discovery disputes addressed to Magistrate Judge Sarah L. Cave from Daniel M. Kelly dated November 9, 2022. Document filed by AMBAC Assurance Corporation..(Kelly, Daniel)
November 9, 2022 Opinion or Order Filing 515 LETTER addressed to Magistrate Judge Sarah L. Cave from Amer S. Ahmed dated November 9, 2022 re: November 14, 2022 discovery conference. Document filed by Danny Ray..(Ahmed, Amer)
October 31, 2022 Opinion or Order Filing 514 ORDER FOR ADMISSION PRO HAC VICE granting #513 Motion for Spencer R. Croat to Appear Pro Hac Vice. The motion of Spencer R. Croat for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is respectfully directed to close ECF No. 513. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/31/22) (yv)
October 28, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #513 MOTION for Spencer R. Croat to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26882714. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
October 27, 2022 Opinion or Order Filing 513 MOTION for Spencer R. Croat to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26882714. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chetan Marfatia. (Attachments: #1 Affidavit Of Spencer R. Croat In Support, #2 Exhibit 1 - Certificate Of Good Standing, #3 Text of Proposed Order For Admission Pro Hac Vice).(Croat, Spencer)
October 25, 2022 Opinion or Order Filing 512 ORDER granting #511 Letter Motion to Adjourn Conference. Parties' letter-motion seeking to adjourn the Friday, October 28, 2022 discovery conference (the "Conference") (ECF No. 511) is GRANTED, and the Conference is ADJOURNED to Monday, November 14, 2022 at 2:15 p.m. in Courtroom 18A, 500 Pearl Street, New York, New York. By 5:00 pm on Wednesday, November 9, 2022, any party wishing to do so may file a letter of no longer than three (3) pages listing discovery disputes requiring the Court's attention during the Conference. Responses will not be permitted. The Clerk of Court is respectfully directed to close ECF No. 511. Status Conference set for 11/14/2022 at 02:15 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 10/25/2022) (ate)
October 25, 2022 Opinion or Order Filing 511 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 10/25/2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
October 25, 2022 Opinion or Order ***DELETED DOCUMENT. Deleted document number #513 Writ of Habeas. The document was incorrectly filed in this case. (ate)
October 24, 2022 Opinion or Order Filing 510 MEMO ENDORSEMENT on re: #509 Letter filed by AMBAC Assurance Corporation. ENDORSEMENT: The parties' letter-motion seeking leave to file letters outlining their respective positions ahead of the forthcoming discovery conference (ECF No. 509) is GRANTED. By Wednesday, October 26, 2022, at 12:00 p.m., Defendants shall file their position letter. By Thursday, October 27, 2022 at 12:00 p.m., Plaintiffs shall file their response. Neither letter shall exceed three pages. (Signed by Magistrate Judge Sarah L Cave on 10/24/2022) (ate)
October 21, 2022 Opinion or Order Filing 509 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Tai H. Park, Amer Ahmed, and Lauren Tabaksblat dated October 21, 2022 re: Joint Status Update of Privilege Disputes. Document filed by AMBAC Assurance Corporation..(Park, Tai)
October 20, 2022 Opinion or Order Filing 508 MEMO ENDORSEMENT on re: #507 Letter Joint Status Update filed by AMBAC Assurance Corporation. ENDORSEMENT : The parties' letter-motion seeking leave to file a status letter (ECF No. 507) is GRANTED. By Friday, October 21, 2022, the parties shall file a status letter. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/20/22) (yv)
October 19, 2022 Opinion or Order Filing 507 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Tai H. Park, Amer Ahmed, and Lauren Tabaksblat dated October 19, 2022 re: Joint Status Update. Document filed by AMBAC Assurance Corporation..(Park, Tai)
October 11, 2022 Opinion or Order Filing 506 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #505 Motion for Richard E. Darst to Appear Pro Hac Vice. The motion of Richard E. Darst, for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in theabove captioned case in the United States District Court for the Southern District of New York.All attorneys appearing before this Court are subject to the local Rules of this Court, including theRules governing discipline of attorneys. The Clerk of Court is respectfully directed to close ECF No. 505. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/11/22) (yv)
October 7, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #505 MOTION for Richard E. Darst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26782758. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
October 6, 2022 Opinion or Order Filing 505 MOTION for Richard E. Darst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26782758. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order (Proposed) Order).(Darst, Richard)
October 5, 2022 Opinion or Order Filing 504 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE DISCOVERY CONFERENCE proceeding held on 9/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
October 5, 2022 Opinion or Order Filing 503 TRANSCRIPT of Proceedings re: REMOTE DISCOVERY CONFERENCE held on 9/29/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/3/2023. (js)
October 4, 2022 Opinion or Order Filing 502 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE DISCOVERY CONFERENCE proceeding held on 9/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
October 4, 2022 Opinion or Order Filing 501 TRANSCRIPT of Proceedings re: REMOTE DISCOVERY CONFERENCE held on 9/29/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/2/2023. (js)
October 3, 2022 Opinion or Order Filing 500 MEMO ENDORSEMENT granting #498 MOTION for Meghan McCafferty to Appear Pro Hac Vice. ENDORSEMENT: The Clerk of Court is respectfully directed to close ECF No. 498. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/03/2022) (jca)
September 30, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #498 MOTION for Meghan McCafferty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26747811. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 29, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 9/29/2022. Attorneys Lauren Tabaksblat and Marcus Strong appeared on behalf of the Plaintiffs. Attorneys Tai Park, Jeremy Baldoni, and Daniel Kelly appeared on behalf of the Ambac Defendants. Attorneys Amer Ahmed and Cullinan Williams appeared on behalf of Defendant Ray. Attorneys Scott Balber, Michael Jones, and Barron Flood appeared on behalf of the Jefferies Defendants. Attorney David L. Goldberg appeared on behalf of Defendant Marfatia. (ne)
September 29, 2022 Opinion or Order Filing 499 ORDER: Pursuant to the discovery conference held today, September 29, 2022 (the "Conference"), the Court orders as follows: 1. By Wednesday, October 19, 2022, the parties shall file a joint status letter regarding the privilege log issues raised in the letters filed by Defendants Ambac Assurance and Dan Ray. 2. An in-person status conference is scheduled Friday, October 28, 2022 at 10:00 a.m. in Courtroom 18A, 500 Pearl Street, New York, New York (the "Follow-Up Conference"). 3. The parties shall order a Transcript of the Conference and file it on the docket prior to the Follow-Up Conference. 4. The Court reserves decision on Plaintiffs' motion to compel the Jefferies Defendants' production of documents relating to the 2014 Non-Prosecution Agreement. (ECF No. 491). (Status Conference set for 10/28/2022 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 9/29/2022) (ne)
September 29, 2022 Opinion or Order Filing 498 MOTION for Meghan McCafferty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26747811. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit Certificate of good standing, #3 Text of Proposed Order (Proposed) Order).(McCafferty, Meghan)
September 28, 2022 Opinion or Order Filing 497 LETTER addressed to Magistrate Judge Sarah L. Cave from Marcus Strong dated 9/28/22 re: discovery disputes. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Strong, Marcus)
September 28, 2022 Opinion or Order Filing 496 LETTER addressed to Magistrate Judge Sarah L. Cave from Tai H. Park dated September 28, 2022 re: Outstanding Discovery Disputes. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Park, Tai)
September 28, 2022 Opinion or Order Filing 495 LETTER addressed to Magistrate Judge Sarah L. Cave from Amer S. Ahmed dated September 28, 2022 re: pursuant to Court Orders (ECF 485 and 489) in advance of Discovery Conference. Document filed by Danny Ray..(Ahmed, Amer)
September 12, 2022 Opinion or Order Filing 494 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #491 LETTER MOTION to Compel addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 9/6/22. . Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #492 .(Tabaksblat, Lauren)
September 9, 2022 Opinion or Order Filing 493 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated September 9, 2022 re: #491 LETTER MOTION to Compel addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 9/6/22. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A).(Balber, Scott)
September 7, 2022 Opinion or Order Filing 492 ORDER granting #490 Letter Motion to Seal. Plaintiffs' letter-motion seeking to file under seal Plaintiffs' letter-motion concerning the Jefferies Defendants' MBS trading group's practices, and accompanying exhibits (ECF No. 490) is GRANTED, and the documents at ECF No. 491 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 490. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/7/22) (yv)
September 6, 2022 Opinion or Order Filing 491 ***SELECTED PARTIES*** LETTER MOTION to Compel addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 9/6/22. Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (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)Motion or Order to File Under Seal: #490 .(Tabaksblat, Lauren)
September 6, 2022 Opinion or Order Filing 490 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 9/6/22. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
September 6, 2022 Opinion or Order Filing 489 MEMO ENDORSEMENT on re: #488 Letter filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC. ENDORSEMENT: Parties' letter-motion seeking to adjourn the Wednesday, September 7, 2022 telephonic status conference (the "Conference") (ECF No. 488) is GRANTED, and the Conference is ADJOURNED to Thursday, September 29, 2022 at 3:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. (Telephone Conference set for 9/29/2022 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 9/6/2022) (ne)
September 6, 2022 Opinion or Order Filing 488 CONSENT LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 9/6/22 re: discovery disputes. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
August 5, 2022 Opinion or Order Filing 487 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE STATUS CONFERENCE proceeding held on 8/3/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
August 5, 2022 Opinion or Order Filing 486 TRANSCRIPT of Proceedings re: REMOTE STATUS CONFERENCE held on 8/3/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/3/2022. (js)
August 3, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 9/7/2022 at 05:30 PM before Magistrate Judge Sarah L Cave. (ne)
August 3, 2022 Opinion or Order Filing 485 ORDER: Pursuant to the discovery conference held today, August 3, 2022, a Telephone Status Conference is scheduled Wednesday, September 7, 2022 at 5:30 p.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By 5:00 pm on Tuesday, September 6, 2022, any party wishing to do so may file a letter of no longer than two (2) pages listing, without argument, discovery disputes requiring the Court's attention during the Conference. Responses will not be permitted. SO ORDERED. ( Telephone Conference set for 9/7/2022 at 05:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/3/2022) (tg)
August 3, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 8/3/2022. Attorneys Robert Barnes McFarlane and Lauren Tabaksblat appeared on behalf of the Plaintiffs. Attorneys Rachel Elizabeth Epstein, Tai Hyun Park, Jeremy Andrew Baldoni, Taylor Lloyd Jones, and Daniel M. Kelly appeared on behalf of the Ambac Defendants. Attorneys Hannah Kirshner and Amer Ahmed appeared on behalf of Defendant Ray. Attorneys Scott Balber and Michael Jones appeared on behalf of the Jefferies Defendants. Attorneys Brian Lee Muldrew and Spencer Croat appeared on behalf of Defendant Marfatia. (ne)
August 2, 2022 Opinion or Order Filing 484 ENDORSED LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel P. Watkins dated July 29, 2022 re: letter confirming receipt of documents. ENDORSEMENT: The Court is in receipt of Clark Realty Capital, LLC's letter certifying the completion of debt solicitation document production. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/2/2022) (ks)
August 2, 2022 Opinion or Order Filing 483 NOTICE OF APPEARANCE by Daniel M. Kelly on behalf of AMBAC Assurance Corporation..(Kelly, Daniel)
August 1, 2022 Opinion or Order Filing 482 LETTER addressed to Magistrate Judge Sarah L. Cave from Robert B. McFarlane dated 08/01/2022 re: Discovery Disputes Requiring Court Intervention. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(McFarlane, Robert)
August 1, 2022 Opinion or Order Filing 481 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated August 1, 2022 re: re: Outstanding Discovery Disputes. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
July 19, 2022 Opinion or Order Filing 480 ENDORSED LETTER addressed to Magistrate Judge Sarah L. Cave from Daniel P. Watkins re: I write on behalf of Clark Realty Capital, LLC. We have applied the July 5, 2022 search terms provided by counsel for the Jeffries entities. Based on the volume of documents, I expect that we will complete our review within the next seven calendar days. Clark intends to produce the requested debt selection documents before 11:59 p.m. ET on July 26, 2022. ENDORSEMENT: By Friday, July 29, 2022, Clark shall file a status letter advising the Court of the status of document production. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/19/2022) (vfr)
July 14, 2022 Opinion or Order Filing 479 ENDORSED LETTER addressed to Your Honor from Daniel P Watkins re: status update. ENDORSEMENT: Mr. Daniel P. Watkins' email, dated Wednesday, July 13, 2022, resolves the Order to Show Cause at ECF No. 478. By Monday, July 18, 2022, Clark shall file a status letter advising the Court of the status of document production. The parties shall serve a copy of this Order, and all future Orders relating to Clark Realty Capital, LLC ("Clark"), on Clark. (Signed by Magistrate Judge Sarah L Cave on 7/14/2022) (ate)
July 12, 2022 Opinion or Order Filing 478 ORDER: Clark is hereby ordered to show cause why (i) it failed, without explanation, to comply with the July 5 Order, and (ii) the Court should not direct that sanctions be entered against it pursuant to Fed. R. Civ. P. 45(e), see Cont'l Ins. Co. v. Atl. Cas. Ins. Co., No. 07 Civ. 3635 (DC), 2008 WL 3852046, at *2 (S.D.N.Y. Aug. 13, 2008), and the Court's "inherent power[,]" see Amerisource Corp. v. Rx USA Int'l Inc., No. 02 Civ. 2514 (JMA), 2010 WL 2730748, at *5 (E.D.N.Y. July 6, 2010), aff'd, New York Credit & Fin. Mgmt. Grp. v. Parson Ctr. Pharmacy, Inc., 432 F. App'x 25 (2d Cir. 2011), for its repeated representations that it shall comply with Court Orders and subsequent failure to do so. This showing shall be made by declaration filed on or before Friday, July 22, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/12/2022) (tg)
July 6, 2022 Opinion or Order Filing 477 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE STATUS CONFERENCE proceeding held on 7/5/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
July 6, 2022 Opinion or Order Filing 476 TRANSCRIPT of Proceedings re: REMOTE STATUS CONFERENCE held on 7/5/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/4/2022. (js)
July 5, 2022 Opinion or Order Filing 475 ORDER. Pursuant to the discovery conference held today, July 5, 2022 (the "Conference"), the Court Orders as follows: 1) By Tuesday, July 5, 2022, Plaintiffs shall circulate to all Defendants the proposed search terms for the documents in Clark Realty Capital, LLC's ("Clark") possession. By end of day, July 5, 2022, Defendants shall advise Plaintiffs and Clark of any proposed modifications to the search terms. 2) By Friday, July 8, 2022, Clark shall advise the Court of the results of its search and propose a timeline to produce documents. 3) By 5:00 pm on Monday, August 1, 2022, any party wishing to do so may file a letter of no longer than two (2) pages listing, without argument, outlining discovery disputes requiring the Court's attention during the August 3, 2022 Conference. (See ECF No. 472). Responses will not be permitted. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/5/22) (yv)
July 5, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 7/5/2022. Attorneys Robert Barnes McFarlane and Lauren Tabaksblat appeared on behalf of the Plaintiffs. Attorneys Rachel Elizabeth Epstein, Taylor Lloyd Jones, and Jeremy Andrew Baldoni appeared on behalf of the Ambac Defendants. Attorneys Hannah Kirshner, Amer Ahmed, Reed Michael Brodsky, and Anne Marie Champion appeared on behalf of Defendant Ray. Attorneys Scott Balber, John ODonnell, and Michael Paul Jones appeared on behalf of the Jefferies Defendants. Attorneys Brian Lee Muldrew, David L. Goldberg, Spencer Croat appeared on behalf of Defendant Marfatia. Attorney Daniel Watkins of Clare Locke LLP appeared on behalf of nonparty Clark. (ne)
June 27, 2022 Opinion or Order Filing 474 MEMO ENDORSEMENT on re: #473 Letter status update pursuant to the Court's Order dated May 24, 2022 (ECF No. 470) filed by AMBAC Assurance Corporation. ENDORSEMENT: The Jefferies Defendants' letter-motion requesting a conference (ECF No. 473) is GRANTED. A Telephone Discovery Conference is scheduled Tuesday, July 5, 2022 at 12:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED., ( Telephone Conference set for 7/5/2022 at 12:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 6/27/22) (yv)
June 24, 2022 Opinion or Order Filing 473 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated June 24, 2022 re: status update pursuant to the Court's Order dated May 24, 2022 (ECF No. 470). Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
May 31, 2022 Opinion or Order Filing 472 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #471 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Plaintiffs' position is that this case is to be tried to a jury. Defendants' position is that Plaintiffs have waived their right to a jury trial and the claims in this case will be determined by a bench trial. The parties must complete fact discovery no later than December 23, 2022. Deposition due by 12/23/2022. The parties must complete expert discovery no later than July 21, 2023. A Telephone Discovery Conference is scheduled Wednesday, August 3, 2022 at 10:00 am on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By 5:00 pm on Friday, July 29, 2022, any party wishing to do so may file a letter of no longer than two (2) pages listing, without argument, discovery disputes requiring the Court's attention during the Conference. Responses will not be permitted. The Clerk of Court is respectfully directed to close ECF No. 471. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/31/22) (yv)
May 31, 2022 Opinion or Order Set/Reset Deadlines: ( Deposition due by 12/23/2022., Expert Discovery due by 7/21/2023., Fact Discovery due by 12/23/2022.), Set/Reset Hearings: ( Telephone Conference set for 8/3/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (yv)
May 27, 2022 Opinion or Order Filing 471 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein, Robert McFarlane, Amer Ahmed, Scott S. Balber and Brian L. Muldrew dated May 27, 2022. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B).(Epstein, Rachel)
May 24, 2022 Opinion or Order Filing 470 MEMO ENDORSEMENT on re: #469 Letter, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: Defendants' Letter-Motions seeking to adjourn the conference scheduled for May 25, 2022 at 11:30am (ECF Nos. 468-469) is GRANTED. By Friday, June 24, 2022, the parties are directed to submit a joint-letter discussing (i) the progress of document production and (ii) whether they would like to schedule a conference with the Court. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/24/2022) (mml)
May 23, 2022 Opinion or Order Filing 469 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 23, 2022 re: Outstanding Discovery Disputes. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 23, 2022 Opinion or Order Filing 468 LETTER addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated May 23, 2022 re: Outstanding Discovery Disputes. Document filed by AMBAC Assurance Corporation..(Jones, Taylor)
May 12, 2022 Opinion or Order Filing 467 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE DISCOVERY CONFERENCE proceeding held on 5/9/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
May 12, 2022 Opinion or Order Filing 466 TRANSCRIPT of Proceedings re: REMOTE DISCOVERY CONFERENCE held on 5/9/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (js)
May 11, 2022 Opinion or Order Filing 465 REPLY MEMORANDUM OF LAW in Support re: #435 MOTION to Sever . . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 9, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/9/2022. Attorneys Michael Joseph Bowe, Robert Barnes McFarlane and Lauren Tabaksblat appeared on behalf of the Plaintiffs. Attorneys Rachel Elizabeth Epstein, Taylor Lloyd Jones, and Jeremy Andrew Baldoni appeared on behalf of the Ambac Defendants. Attorneys Hannah Kirshner and Amer Ahmed appeared on behalf of Defendant Ray. Attorneys Scott Balber and John ODonnell, Michael Jones appeared on behalf of the Jefferies Defendants. Attorney Spencer Croat appeared on behalf of Defendant Marfatia. Attorney Daniel Watkins of Clare Locke LLP appeared on behalf of nonparty Clark. (ne)
May 9, 2022 Opinion or Order Filing 464 ORDER: Pursuant to the discovery conference held today, May 9, 2022 (the "Conference"), the Court Orders as follows: 1) The Court resolved the parties' dispute regarding the number of depositions each side may take, as follows: a. Plaintiffs may take up to thirty-two (32) depositions. b. Defendants may take up to fifty-six (56) depositions. c. The parties may agree to amend the number of depositions without leave of the Court. If the parties are unable to resolve any dispute regarding a change to the number of depositions or to the deposition of a particular witness, then, following a meet and confer, the parties may raise any such dispute with the Court in a joint-letter in accordance with Judge Cave's Individual Practices. A Telephone Discovery Conference is scheduled Wednesday, May 25, 2022 at 11:30 am on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380- 9799, at the scheduled time. By 5:00 pm on Monday, May 23, 2022, any party wishing to do so may file a letter of no longer than two (2) pages listing, without argument, discovery disputes requiring the Court's attention during the Conference. Responses will not be permitted. SO ORDERED. Telephone Conference set for 5/25/2022 at 11:30 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 5/9/2022) (kv)
May 6, 2022 Opinion or Order Filing 463 LETTER addressed to Magistrate Judge Sarah L. Cave from Robert McFarlane dated May 6, 2022 re: Discovery Disputes. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(McFarlane, Robert)
May 6, 2022 Opinion or Order Filing 462 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated May 6, 2022 re: Outstanding Discovery Issues. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
May 6, 2022 Opinion or Order Filing 461 LETTER addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated May 6, 2022 re: Outstanding Discovery Disputes. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A).(Epstein, Rachel)
May 5, 2022 Opinion or Order Filing 460 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE DISCOVERY CONFERENCE proceeding held on 4/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
May 5, 2022 Opinion or Order Filing 459 TRANSCRIPT of Proceedings re: REMOTE DISCOVERY CONFERENCE held on 4/29/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2022. Redacted Transcript Deadline set for 6/6/2022. Release of Transcript Restriction set for 8/3/2022.(js)
May 4, 2022 Opinion or Order Filing 458 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #435 MOTION to Sever . . Document filed by Picerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC, AMBAC Assurance Corporation, Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #457 .(Tabaksblat, Lauren)
May 4, 2022 Opinion or Order Filing 457 LETTER MOTION to Seal addressed to Judge Paul G. Gardephe from Robert McFarlane dated May 4, 2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(McFarlane, Robert)
May 4, 2022 Opinion or Order Filing 456 MEMORANDUM OF LAW in Opposition re: #435 MOTION to Sever . . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A).(Tabaksblat, Lauren)
May 3, 2022 Opinion or Order Filing 455 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE DISCOVERY CONFERENCE proceeding held on 4/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
May 3, 2022 Opinion or Order Filing 454 TRANSCRIPT of Proceedings re: REMOTE DISCOVERY CONFERENCE held on 4/29/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022.(js)
May 2, 2022 Opinion or Order Filing 453 NOTICE OF APPEARANCE by Zachary C. Naidich on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Naidich, Zachary)
April 29, 2022 Opinion or Order Filing 452 ORDER: The Court held a discovery conference today, April 29, 2022 (the "Conference"), concerning the discovery status letters and motion submitted by: (i) Defendant Ambac Assurance Corporation ("Ambac") ("Ambac's Letter Motion" (ECF No. 444)); "Ambac's Letter" (ECF No. 445)); (ii) the Jefferies Defendants ("Jefferies' Letter" (ECF No. 446)); and (iii) Plaintiffs (Plaintiffs Letter (ECF No. 447)); "Plaintiffs Opp. Letter (ECF No. 450)). Pursuant to the Courts rulings at the Conference, the Court Orders as follows: 1) By Friday, May 6, 2022, Plaintiffs (i) shall produce copies of the two productions made by Balfour Beatty Communities, LLC (f/k/a GMH Military Housing headquartered in Pennsylvania) ("BBC"), to the United States Air Force and the Department of Justice, and (ii) respond to Defendants' letter regarding Plaintiffs' privilege log. 2) Plaintiffs request that Jefferies Defendants produce information relating to the 2014 Non-Prosecution Agreement, as discussed in Plaintiffs' Letter, is DENIED WITHOUT PREJUDICE. 3) Ambac's request to expand Defendants' deposition limit to 92 depositions is held in abeyance pending the May 9, 2022 conference. 4) A representative of Clark Realty Capital, LLC ("Clark") shall participate in the May 9,2022 conference and must be prepared to discuss Clark's preservation of debt selection documents. A Telephone Discovery Conference is scheduled Monday, May 9, 2022 at 3:00 pm on the Court's conference line. By 5:00 pm on Friday, May 6, 2022, any party wishing to do so may file a letter of no longer than two (2) pages listing, without argument, discovery disputes requiring the Court's intervention. Responses will not be permitted. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Telephone Conference set for 5/9/2022 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 4/29/2022) (jca)
April 29, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 4/29/2022. Attorneys Michael Joseph Bowe, Marcus Strong and Robert Barnes McFarlane appeared on behalf of the Plaintiffs. Attorneys Rachel Elizabeth Epstein, Taylor Lloyd Jones, and Jeremy Andrew Baldoni appeared on behalf of the Ambac Defendants. Attorneys Hannah Kirshner and Amer Ahmed appeared on behalf of Defendant Ray. Attorneys Scott Balber and John O'Donnell appeared on behalf of the Jefferies Defendants. Attorneys Brian Muldrew and Spencer Croat appeared on behalf of Defendant Marfatia. (ne)
April 28, 2022 Opinion or Order Filing 451 AMENDED ANSWER to #256 Amended Complaint,,,. Document filed by Chetan Marfatia..(Goldberg, David)
April 28, 2022 Opinion or Order Filing 450 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Robert B. McFarlane dated April 28, 2022 re: #444 LETTER MOTION for Discovery to Increase Deposition Limits addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated 04/25/2022. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(McFarlane, Robert)
April 27, 2022 Opinion or Order Filing 449 STIPULATED LEAVE TO AMEND MARFATIA'S ANSWER TO INCLUDE UNCLEAN HANDS DEFENSE. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, and pursuant to Federal Rule of Civil Procedure 15(a)(2), as follows: Defendant Marfatia may amend his answer to include an unclean hands defense; Defendant Marfatia's unclean hands defense will be limited to the factual basis of the unclean hands defense asserted by defendants Ambac, Jefferies, and Ray; Defendant Marfatia will not seek additional discovery on the unclean hands issue beyond the documents and information sought by defendants Ambac, Jefferies, and Ray. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/27/22) (yv)
April 27, 2022 Opinion or Order Filing 448 ORDER with respect to #444 LETTER MOTION for Discovery to Increase Deposition Limits. The Court intends to discuss the issues presented in Defendant Ambac Assurance Corporation's letter motion (ECF No. 444 (the "Letter") on the conference call scheduled for April 29, 2022 at 10:00 am. The parties should be prepared to discuss the Letter and may present supplemental authorities at that time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/27/2022) (jca)
April 26, 2022 Opinion or Order Filing 447 LETTER addressed to Magistrate Judge Sarah L. Cave from Robert McFarlane dated April 26, 2022 re: Status of Discovery. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(McFarlane, Robert)
April 26, 2022 Opinion or Order Filing 446 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 26, 2022 re: Outstanding Discovery Disputes. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Balber, Scott)
April 26, 2022 Opinion or Order Filing 445 LETTER addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated April 26, 2022 re: Outstanding Discovery Disputes. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
April 25, 2022 Opinion or Order Filing 444 LETTER MOTION for Discovery to Increase Deposition Limits addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated 04/25/2022. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit A).(Epstein, Rachel)
April 22, 2022 Opinion or Order Filing 443 PROPOSED STIPULATION AND ORDER. Document filed by Chetan Marfatia..(Muldrew, Brian)
April 19, 2022 Opinion or Order Filing 442 ORDER granting #441 Letter Motion for Extension of Time. Plaintiffs' letter-motion for a two-week extension to file an opposition to the Jefferies Entities' Motion to Sever and Dismiss Plaintiffs' Claims (ECF No. 441) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 441. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/19/22) (yv)
April 19, 2022 Opinion or Order Set/Reset Deadlines as to #435 MOTION to Sever . Responses due by 5/4/2022 (yv)
April 12, 2022 Opinion or Order Filing 441 LETTER MOTION for Extension of Time for Plaintiffs to file their opposition to the Jefferies Entities motion to sever (ECF Nos. 435-438) addressed to Magistrate Judge Sarah L. Cave from Robert McFarlane dated April 12, 2022. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(McFarlane, Robert)
April 12, 2022 Opinion or Order Filing 440 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 12, 2022 re: #436 LETTER MOTION to Seal documents attached to Declaration of Scott S. Balber addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 6, 2022. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit 2 [REDACTED], #2 Exhibit 4 [REDACTED], #3 Exhibit 7 [REDACTED]).(Balber, Scott)
April 6, 2022 Opinion or Order Filing 439 DECLARATION of Scott S. Balber in Support re: #435 MOTION to Sever .. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (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).(Balber, Scott)
April 6, 2022 Opinion or Order Filing 438 MEMORANDUM OF LAW in Support re: #435 MOTION to Sever . . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
April 6, 2022 Opinion or Order Filing 437 ***SELECTED PARTIES***DECLARATION of Scott S. Balber in Support re: #435 MOTION to Sever .. Document filed by Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, Jefferies Mortgage Finance, Inc., AETC Housing LP, AMBAC Assurance Corporation, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Chetan Marfatia, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Danny Ray, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (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)Motion or Order to File Under Seal: #436 .(Balber, Scott)
April 6, 2022 Opinion or Order Filing 436 LETTER MOTION to Seal documents attached to Declaration of Scott S. Balber addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated April 6, 2022. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
April 6, 2022 Opinion or Order Filing 435 MOTION to Sever . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
April 6, 2022 Opinion or Order Filing 434 NOTICE OF APPEARANCE by Christopher Emch on behalf of Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Emch, Christopher)
April 6, 2022 Opinion or Order Filing 433 NOTICE OF APPEARANCE by Barron Mcginnis Flood on behalf of Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Flood, Barron)
March 31, 2022 Opinion or Order Filing 432 NOTICE OF APPEARANCE by Robert Barnes McFarlane on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(McFarlane, Robert)
March 24, 2022 Opinion or Order Filing 431 ORDER: The June 6, 2022 Conference (see ECF No. 366 at 6) is CANCELLED. The upcoming Telephone Discovery Conference on April 29, 2022 at 10:00 am remains scheduled. (See ECF Minute Entry Mar. 16, 2022). The parties shall call (866) 390-1828; access code: 380-9799, at the scheduled time. (HEREBY ORDERED by Magistrate Judge Sarah L Cave) (Text Only Order) (ne)
March 17, 2022 Opinion or Order Filing 430 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Discovery Conference proceeding held on 3/16/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(ate)
March 17, 2022 Opinion or Order Filing 429 TRANSCRIPT of Proceedings re: Remote Discovery Conference held on 3/16/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (ate)
March 16, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/16/2022. Attorneys Michael Bowe and Marcus Strong appeared on behalf of Plaintiffs. Attorneys Taylor Jones, Tai Park, and Jeremy Baldoni appeared on behalf of the Ambac Defendants. Attorneys Scott Balber and John ODonnell appeared on behalf of the Jefferies Defendants. Attorneys Hannah Kirshner and Amer Ahmed appeared on behalf of Defendant Ray. Attorneys David Goldberg and Brian Muldrew appeared on behalf of Defendant Marfatia. A Telephone Discovery Conference is scheduled Friday, April 29, 2022 at 10:00 am on the Courts conference line. The parties are directed to call (866) 390-1828; access code: 380-9799, at the scheduled time. The parties may, but are not required to, submit a status letter in advance of the conference. Any status letter shall be filed no later than 5:00 pm on April 26, 2022. (Telephone Conference set for 4/29/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.). (ne)
March 14, 2022 Opinion or Order Filing 428 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated March 14, 2022 re: Outstanding Discovery Disputes. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
March 14, 2022 Opinion or Order Filing 427 LETTER addressed to Magistrate Judge Sarah L. Cave from Marcus Strong dated 03/14/2022 re: Outstanding Discovery Issues. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Strong, Marcus)
March 4, 2022 Opinion or Order Filing 426 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #424 Motion for Marcus T. Strong to Appear Pro Hac Vice. The Clerk of Court is respectfully directed to close ECF No. 424. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/4/2022) (vfr)
March 3, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #424 MOTION for Marcus T. Strong to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25801679. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 3, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/3/2022. Attorney Daniel Watkins of Clare Locke LLP appeared on behalf of nonparty Clark. Attorney Marcus Strong appeared on behalf of Plaintiffs. Attorneys Taylor Jones and Tai Park appeared on behalf of the Ambac Defendants. Attorneys Scott Balber, John O'Donnell, and Mike Jones appeared on behalf of the Jefferies Defendants. Attorneys Hannah Kirshner and Nathan Stroud appeared on behalf of Defendant Ray. Attorneys David Goldberg and Brian Muldrew appeared on behalf of Defendant Marfatia. A telephone discovery conference is scheduled Wednesday, March 16, 2022 at 12:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties may, but are not required to, submit a status letter in advance of the conference; any status letter shall be filed no later than 5:00 pm on March 14, 2022. (Telephone Conference set for 3/16/2022 at 12:00 PM before Magistrate Judge Sarah L Cave.). (ne)
March 2, 2022 Opinion or Order Filing 425 SECOND AMENDMENT TO STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/2/22) (yv)
March 2, 2022 Opinion or Order Filing 424 MOTION for Marcus T. Strong to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25801679. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit Affidavit of Marcus T. Strong in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order).(Strong, Marcus)
March 2, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #423 Proposed Order was reviewed and approved as to form. (km)
March 1, 2022 Opinion or Order Filing 423 PROPOSED ORDER. Document filed by AMBAC Assurance Corporation. Related Document Number: #375 ..(Epstein, Rachel) Proposed Order to be reviewed by Clerk's Office staff.
February 18, 2022 Opinion or Order Filing 422 MEMO ENDORSEMENT on re: #421 Letter Request for Conference, filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: Clark Realty Capital, LLC ("Clark") has failed to comply with the Court's Order directing it to respond to Jefferies Defendants' letter-motion by February 16. (ECF No. 413). The parties, and Clark, shall appear at a Telephone Discovery Conference on Thursday, March 3, 2022 at 12:00 pm. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Jefferies Defendants shall promptly serve a copy of this Order on Clark. Clark's failure to appear at the upcoming Telephone Conference may result in sanctions, including Jefferies Defendants' attorneys' fees and costs. SO ORDERED., ( Telephone Conference set for 3/3/2022 at 12:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 2/18/22) (yv)
February 17, 2022 Opinion or Order Filing 421 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated February 17, 2022 re: Request for Conference. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Letter from Clare Locke LLP dated Feb. 16, 2022).(Balber, Scott)
February 15, 2022 Opinion or Order Filing 420 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/14/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(tg)
February 15, 2022 Opinion or Order Filing 419 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/14/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2022. Redacted Transcript Deadline set for 3/18/2022. Release of Transcript Restriction set for 5/16/2022..(tg)
February 14, 2022 Opinion or Order Filing 418 ORDER: Accordingly, by February 22, 2022, Plaintiffs shall supplement their disclosure to comply with the January 6 Order. Defendants shall meet and confer with Plaintiffs regarding document productions in connection with the DOJ, Congressional, and regulatory investigations at this stage, and the Court holds in abeyance further discussion of productions made in connection with "civil lawsuits against the Plaintiffs or Developers that accused them of failure to maintain the properties." (ECF No. 416 at 2). Bruce Robinson Documents: By February 22, 2022, Plaintiffs shall provide to Defendants information concerning when Mr. Robinson received a litigation hold notice. 7) Depositions: Anticipating the July 2022 deadline for the completion of fact discovery (ECF No. 366 at 2), the parties should commence scheduling depositions, serving non- party deposition subpoenas, and conferring regarding Fed. R. Civ. P. 30(b)(6) deposition topics. The Court will schedule a further conference following receipt of a response by Clark as contemplated by ECF No. 413. So Ordered (Signed by Magistrate Judge Sarah L Cave on 2/14/2022) (js)
February 14, 2022 Opinion or Order Filing 417 LETTER addressed to Magistrate Judge Sarah L. Cave from Amer S. Ahmed dated February 14, 2022 re: February 14, 2022 Discovery Conference. Document filed by Danny Ray..(Ahmed, Amer)
February 14, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 2/14/2022. Attorneys Michael Bowe and Marcus Strong appeared on behalf of Plaintiffs. Attorneys Tai Park, Rachel Epstein, Timothy Williams, and Taylor Jones appeared on behalf of the Ambac Defendants. Attorneys Scott Balber, John ODonnell, Mike Jones, and Barron Flood appeared on behalf of the Jefferies Defendants. Attorneys Hannah Kirshner, Anne Champion, Amer Ahmed, and Reed Brodsky appeared on behalf of Defendant Ray. Attorneys David Goldberg, Brian Muldrew and Spencer Croat appeared on behalf of Defendant Marfatia. (ne)
February 11, 2022 Opinion or Order Filing 416 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Defendants dated February 11, 2022 re: (Joint Status Letter). Document filed by AMBAC Assurance Corporation..(Park, Tai)
February 11, 2022 Opinion or Order Filing 415 STATUS REPORT. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
February 10, 2022 Opinion or Order Filing 414 AFFIDAVIT OF SERVICE of Endorsed Letter (ECF No. 413) served on Clark Realty Capital, LLC on February 8, 2022. Service was accepted by Lynanne Gares. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
February 9, 2022 Opinion or Order Filing 413 MEMO ENDORSEMENT on re: #412 LETTER MOTION for Conference re Request for Conference re Motion for Contempt addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated February 8, 2022. filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC. ENDORSEMENT: Clark Realty Capital, LLC ("Clark") shall respond to the Jefferies Entities' ("Jefferies") letter-motion (ECF No. 412) by Wednesday, February 16, 2022. Jefferies shall promptly serve this Order on Clark and file proof of service by Friday, February 11, 2022. SO ORDERED., ( Responses due by 2/16/2022) (Signed by Magistrate Judge Sarah L Cave on 2/9/22) (yv)
February 8, 2022 Opinion or Order Filing 412 LETTER MOTION for Conference re Request for Conference re Motion for Contempt addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated February 8, 2022. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
January 31, 2022 Opinion or Order Filing 411 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated January 31, 2022 re: Resolved Discovery Issue. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
January 26, 2022 Opinion or Order Filing 410 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 1/24/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(ks)
January 26, 2022 Opinion or Order Filing 409 TRANSCRIPT of Proceedings re: telephone conference held on 1/24/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/16/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/26/2022..(ks)
January 24, 2022 Opinion or Order Filing 408 ORDER: A Telephone Discovery Conference is scheduled Monday, February 14, 2022 at 11:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties shall file discovery status reports by Friday, February 11, 2022. Defendants shall file a single status report including the matters to be raised by each Defendant. Status reports are to be no longer than five pages total. No responses will be permitted. (Telephone Conference set for 2/14/2022 at 11:00 AM before Magistrate Judge Sarah L Cave.) (HEREBY ORDERED by Magistrate Judge Sarah L Cave) (Text Only Order) (ne)
January 24, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephonic Discovery Hearing held on 1/24/2022. Attorneys Michael Bowe and Seth Fiur appeared on behalf of Plaintiffs. Attorneys Rachel Epstein, Tai Park, Jeremy Baldoni, and Taylor Jones appeared on behalf of the Ambac Defendants. Attorneys Scott Balber, John ODonnell, and Barron Flood appeared on behalf of the Jefferies Defendants. Attorneys Hannah Kirshner, Amer Ahmed, and Reed Brodsky appeared on behalf of Defendant Ray. Attorneys David Goldberg, Brian Muldrew and Spencer Croat appeared on behalf of Defendant Marfatia. (ne)
January 21, 2022 Opinion or Order Filing 407 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated January 21, 2022 re: Outstanding Discovery Disputes. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
January 21, 2022 Opinion or Order Filing 406 LETTER addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated January 21, 2022 re: Jan. 24, 2022 Discovery Conference. Document filed by Danny Ray..(Champion, Anne)
January 21, 2022 Opinion or Order Filing 405 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 01/21/2022 re: Outstanding Discovery Disputes. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
January 21, 2022 Opinion or Order Filing 404 LETTER addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated January 21, 2022 re: Outstanding Discovery Disputes. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
January 10, 2022 Opinion or Order Filing 403 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/6/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (va)
January 10, 2022 Opinion or Order Filing 402 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/6/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2022. Redacted Transcript Deadline set for 2/10/2022. Release of Transcript Restriction set for 4/11/2022. (va)
January 6, 2022 Opinion or Order Filing 401 ORDER: The Court held a discovery conference today, January 6, 2022 (the "Conference") concerning the discovery status letters submitted yesterday by: (i) the Jefferies Defendants ("Jefferies' Letter" (ECF No. 394)); (ii) Defendant Dan Ray ("Ray's Letter" (ECF No. 395)); (iii) Plaintiffs ("Plaintiffs' Letter" (ECF No. 396)); and (iv) Defendant Ambac Assurance Corporation ("Ambac") ("Ambac's Letter (ECF No. 397)). Pursuant to the Court's rulings at the Conference, the Court Orders as follows: As set forth herein. A Telephone Discovery Conference is scheduled Monday, January 24, 2022 at 2:00 pm on the Court's conference line. By 5:00 pm on Friday, January 21, 2022, any party wishing to do so may file a letter of no longer than two (2) pages listing, without argument, discovery disputes requiring the Court's intervention. Responses will not be permitted. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED., (Telephone Discovery Hearing set for 1/24/2022 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/06/2022) (ama)
January 6, 2022 Opinion or Order Filing 400 MEMO ENDORSED ORDER granting #393 Motion to Withdraw as Attorney. ENDORSEMENT: Gage Spencer & Fleming LLP's ("GSF") Motion to Withdraw (ECF No. 393) is GRANTED. The Clerk of Court is respectfully directed to terminate the GSF attorneys as counsel for Plaintiffs and to close ECF No. 393. SO ORDERED. (Attorney William Fleming and William B. Fleming terminated.) (Signed by Magistrate Judge Sarah L Cave on 1/6/22) (yv)
January 6, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/6/2022. Attorneys Lauren Tabaksblat and Seth Fiur appeared on behalf of Plaintiffs. Attorneys Rachel Epstein, Tai Park, Jeremy Baldoni, and Taylor Jones appeared on behalf of the Ambac Defendants. Attorneys Scott Balber, John ODonnell, and Michael Jones appeared on behalf of the Jefferies Defendants. Attorneys Hannah Kirshner, Anne Champion, and Reed Brodsky appeared on behalf of Defendant Ray. Attorneys David Goldberg, Brian Muldrew and Spencer Croat appeared on behalf of Defendant Marfatia. (ne)
January 5, 2022 Opinion or Order Filing 399 NOTICE OF APPEARANCE by Jeremy Andrew Baldoni on behalf of AMBAC Assurance Corporation..(Baldoni, Jeremy)
January 5, 2022 Opinion or Order Filing 398 NOTICE OF APPEARANCE by Isaac Nesser on behalf of AMBAC Assurance Corporation..(Nesser, Isaac)
January 5, 2022 Opinion or Order Filing 397 LETTER addressed to Magistrate Judge Sarah L. Cave from Rachel E. Epstein dated January 5, 2022 re: Submission of Outstanding Discovery Disputes. Document filed by AMBAC Assurance Corporation..(Epstein, Rachel)
January 5, 2022 Opinion or Order Filing 396 LETTER addressed to Magistrate Judge Sarah L. Cave from Lauren Tabaksblat dated 01/05/2022 re: Discovery Disputes to Be Addressed At January 6, 2022 Conference. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
January 5, 2022 Opinion or Order Filing 395 LETTER addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated January 5, 2022 re: Jan. 6, 2022 Discovery Conference. Document filed by Danny Ray..(Champion, Anne)
January 5, 2022 Opinion or Order Filing 394 LETTER addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated January 5, 2022 re: Discovery Issues for Jan. 6, 2022 Conference. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
January 5, 2022 Opinion or Order Filing 393 MOTION for Gage Spencer & Fleming LLP to Withdraw as Attorney . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
January 4, 2022 Opinion or Order Filing 392 NOTICE OF APPEARANCE by Tai Hyun Park on behalf of AMBAC Assurance Corporation..(Park, Tai)
December 27, 2021 Opinion or Order Filing 391 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #390 Motion for James W. Stoll to Appear Pro Hac Vice. The Clerk of Court is respectfully directed to close ECF No. 390.. (Signed by Magistrate Judge Sarah L Cave on 12/27/2021) (ks)
December 22, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #390 MOTION for James W. Stoll 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. (bcu)
December 21, 2021 Opinion or Order Filing 390 MOTION for James W. Stoll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit of James W. Stoll in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order).(Stoll, James)
December 21, 2021 Opinion or Order Filing 389 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/17/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(vfr)
December 21, 2021 Opinion or Order Filing 388 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/17/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2022. Redacted Transcript Deadline set for 1/21/2022. Release of Transcript Restriction set for 3/21/2022.(vfr)
December 20, 2021 Opinion or Order Filing 387 MEMO ENDORSED ORDER granting #386 Motion to Withdraw #386 MOTION to Withdraw Kirkland & Ellis LLP as Counsel of Record for Plaintiffs. ENDORSEMENT: The Clerk of Court is respectfully directed to close ECF No. 386. So Ordered. (Signed by Magistrate Judge Sarah L Cave on 12/20/21) (yv)
December 17, 2021 Opinion or Order Filing 386 MOTION to Withdraw Kirkland & Ellis LLP as Counsel of Record for Plaintiffs. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Willian, Jeffrey)
December 17, 2021 Opinion or Order Filing 385 ORDER, The Court Orders as follows: By Friday, January 21, 2022, Plaintiffs shall supplement their computation of damages disclosure (ECF Nos. 376-1376-2), to identify: (i) the interest rates used in Plaintiffs' calculations; and (ii) any additional documents on which Plaintiffs relied in calculating their damages (the "January Supplement"). Plaintiffs shall identify these documents "with specificity and by reference to particular Bates numbers[.]" (ECF No. 368). As the Court stated during the Conference, the January Supplement shall be without prejudice to further development of computation of damages evidence in Expert Discovery. Plaintiffs shall provide supplemental responses to Defendant Dan Rays First Set of Interrogatories as revised during the Conference and as set forth below: a. By Friday, January 7, 2022, Plaintiffs shall respond to Interrogatory No. 1, limiting their response to the first five projects chronologically: Meade, Bragg, Monterey Bay, Stewart, and Detrick, without prejudice to Defendants' right to seek responses as to other projects. b. By Friday, January 21, 2022, Plaintiffs shall respond to Interrogatories Nos. 3, 4, 5, and 6. The parties shall order a Transcript of the Conference. By 5:00 pm on Wednesday, January 5, 2022, any party wishing to do so may file a letter listing, without argument, additional discovery disputes requiring the Court's intervention. Responses will not be permitted. A Telephone Discovery Conference is scheduled Thursday, January 6, 2022 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390- 1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 1/6/2022 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 12/17/21) (yv)
December 17, 2021 Opinion or Order Filing 384 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James W. Stoll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit of James W. Stoll in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order).(Stoll, James) Modified on 12/17/2021 (wb).
December 17, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 12/17/2021. Attorney James Stoll appeared on behalf of Plaintiffs. Attorneys Rachel Epstein and Taylor Quinn appeared on behalf of the Ambac Defendants. Attorneys Scott Balber, John ODonnell, and Michael Jones appeared on behalf of the Jefferies Defendants. Attorneys Hannah Kirshner, Anne Champion, and Amer Ahmed appeared on behalf of Defendant Ray. Attorneys David Goldberg, Brian Muldrew and Spencer Croat appeared on behalf of Defendant Marfatia. (ne)
December 17, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #384 MOTION for James W. Stoll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit is not notarized.Missing the motion 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.. (wb)
December 16, 2021 Opinion or Order Filing 383 NOTICE OF APPEARANCE by Hannah Kirshner on behalf of Danny Ray..(Kirshner, Hannah)
December 13, 2021 Opinion or Order Filing 382 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated December 13, 2021 re: #377 LETTER MOTION for Conference / Request for a Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated December 7, 2021. . Document filed by Danny Ray..(Champion, Anne)
December 10, 2021 Opinion or Order Filing 381 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from James W. Stoll dated 12/10/2021 re: #377 LETTER MOTION for Conference / Request for a Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated December 7, 2021. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 8, 2021 Opinion or Order Filing 380 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 8 2021 re: #376 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 2, 2021. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit F).(Balber, Scott)
December 8, 2021 Opinion or Order Filing 379 SCHEDULING ORDER granting #376 Letter Motion for Conference re: #376 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 2, 2021., #377 LETTER MOTION for Conference / Request for a Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated December 7, 2021. ; granting #377 Letter Motion for Conference re: #376 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 2, 2021., #377 LETTER MOTION for Conference / Request for a Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated December 7, 2021. A Telephone Conference concerning the Jefferies Defendants' letter-motion requesting a discovery conference ("Jefferies' Letter-Motion" (ECF No. 376)) and Defendant Dan Ray's letter-motion requesting a discovery conference ("Ray's Letter-Motion" (ECF No. 377)) (Jefferies' Letter-Motion & Ray's Letter-Motion together, the "Motions") is scheduled Friday, December 17, 2021 at 11:00 am, on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 12/17/2021 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 12/8/21) (yv)
December 7, 2021 Opinion or Order Filing 378 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from James W. Stoll dated 12/7/2021 re: #376 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 2, 2021. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
December 7, 2021 Opinion or Order Filing 377 LETTER MOTION for Conference / Request for a Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Anne Champion dated December 7, 2021. Document filed by Danny Ray. (Attachments: #1 Exhibit A - Responses and Objections, #2 Exhibit B - Correspondence, #3 Exhibit C - Correspondence).(Champion, Anne)
December 2, 2021 Opinion or Order Filing 376 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Scott S. Balber dated December 2, 2021. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Balber, Scott)
December 2, 2021 Opinion or Order Filing 375 FIRST AMENDMENT TO STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION...regarding procedures to be followed that shall govern the handling of confidential material... IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. (Signed by Judge Paul G. Gardephe on 12/2/2021) (ks)
November 30, 2021 Opinion or Order Filing 374 PROPOSED STIPULATION AND ORDER. Document filed by Danny Ray..(Champion, Anne)
October 22, 2021 Opinion or Order Filing 373 AMENDED ANSWER to #256 Amended Complaint,,,. Document filed by Danny Ray. (Attachments: #1 Exhibit - Order Granting Leave to Amend).(Brodsky, Reed)
September 17, 2021 Opinion or Order Filing 372 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 9/14/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
September 17, 2021 Opinion or Order Filing 371 TRANSCRIPT of Proceedings re: Telephone Conference held on 9/14/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021..(rro)
September 16, 2021 Opinion or Order Filing 370 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 9/14/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
September 16, 2021 Opinion or Order Filing 369 TRANSCRIPT of Proceedings re: Telephone Conference held on 9/14/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/15/2021..(rro)
September 14, 2021 Opinion or Order Filing 368 ORDER granting #351 Letter Motion for Conference re: #351 LETTER MOTION for Conference re: Plaintiffs' Rule 26(a)(1) Disclosures and Responses to Interrogatories addressed to Magistrate Judge Sarah L. Cave from John J. O'Donnell dated August 12, 2021. Pursuant to the Court's rulings at the Conference, the Court Orders as follows: 1) By Friday, September 17, 2021, Plaintiffs shall provide to the Jefferies Defendants the damages claimed on a category-by-category basis, in accordance with Fed. R. Civ. P. 26(a)(1)(A)(iii), (the "Damages"). 2) By no later than Friday, October 1, 2021, Plaintiffs shall identify with specificity and by reference to particular Bates numbers the documents on which they relied in calculating each category of Damages (the "Documents"). The Clerk of Court is respectfully directed to close ECF No. 351. (Signed by Magistrate Judge Sarah L Cave on 9/14/2021) (ne)
September 14, 2021 Opinion or Order Filing 367 OPINION AND ORDER: For the reasons set forth above, the Court rules as follows: (1) Plaintiffs' Motion to Strike is DENIED; (2) Plaintiffs' alternative request for a protective order is DENIED WITHOUT PREJUDICE; and (3) Jefferies' Cross-Motion and Rays request for leave to amend are GRANTED. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/14/2021) (vfr)
September 14, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 9/14/2021. Attorneys Michael Bowe, Lauren Tabaksblat, and William Fleming appeared on behalf of Plaintiffs. Attorneys Rachel Epstein and Taylor Quinn appeared on behalf of the Ambac Defendants. Attorneys Scott Balber, John O'Donnell, and Michael Jones appeared on behalf of the Jefferies Defendants. Attorney Amer Ahmed appeared on behalf of Defendant Ray. Attorneys David Goldberg and Brian Muldrew appeared on behalf of Defendant Marfatia. (ne)
September 13, 2021 Opinion or Order Filing 366 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Plaintiffs position is that this case is to be tried to a jury. Defendants position is that Plaintiffs have waived their right to a jury trial and the claims in this case will be determined by a bench trial. Deposition due by 7/29/2022. Fact Discovery due by 7/29/2022. Expert Discovery due by 12/16/2022. Pretrial Conference set for 6/6/2022 at 11:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave. The Proposed Case Management Plan (ECF No. 365) is ADOPTED. The parties shall file joint letters certifying the completion of fact and expert discovery on Friday, August 5, 2022, and Friday, December 23, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/13/21) (yv) Modified on 9/17/2021 (yv).
September 10, 2021 Opinion or Order Filing 365 PROPOSED CASE MANAGEMENT PLAN. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
September 9, 2021 Opinion or Order Filing 364 NOTICE OF APPEARANCE by Seth Fiur on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fiur, Seth)
September 9, 2021 Opinion or Order Filing 363 NOTICE OF APPEARANCE by Lauren Tabaksblat on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Tabaksblat, Lauren)
September 9, 2021 Opinion or Order Filing 362 NOTICE OF APPEARANCE by Michael Joseph Bowe on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Bowe, Michael)
September 7, 2021 Opinion or Order Filing 361 ORDER granting #360 Letter Motion for Extension of Time to File. Plaintiffs' letter-motion requesting an extension of the deadline to submit an amended proposed Case Management Plan (the "CMP") (ECF No. 360) is GRANTED, and the deadline to submit the CMP is EXTENDED to Friday, September 10, 2021. The Clerk of Court is respectfully directed to close ECF No. 360. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/7/21) (yv)
September 3, 2021 Opinion or Order Filing 360 JOINT LETTER MOTION for Extension of Time to File Amended Case Management Plan addressed to Magistrate Judge Sarah L. Cave from William B. Fleming dated September 3, 2021. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
August 30, 2021 Opinion or Order Filing 359 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from John J. O'Donnell dated August 30, 2021 re: #351 LETTER MOTION for Conference re: Plaintiffs' Rule 26(a)(1) Disclosures and Responses to Interrogatories addressed to Magistrate Judge Sarah L. Cave from John J. O'Donnell dated August 12, 2021. . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A).(O'Donnell, John)
August 30, 2021 Opinion or Order Filing 358 SCHEDULING ORDER: A Telephone Conference concerning the Jefferies Defendants letter-motion requesting a discovery conference ("Jefferies' Letter-Motion (ECF No. 351)) and Plaintiffs' response (ECF No. 355) is scheduled Tuesday, September 14, 2021 at 4:00 pm, on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Telephone Conference set for 9/14/2021 at 04:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 8/30/2021) (ama)
August 30, 2021 Opinion or Order Filing 357 ORDER granting #356 Letter Motion for Extension of Time to File. Plaintiffs' letter-motion requesting an extension of time until September 3, 2021 for the submission of a proposed amended Case Management Plan (ECF No. 356) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 356. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/30/2021) (vfr)
August 27, 2021 Opinion or Order Filing 356 JOINT LETTER MOTION for Extension of Time to File Amended Case Management Plan addressed to Magistrate Judge Sarah L. Cave from William B. Fleming dated August 27, 2021. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
August 27, 2021 Opinion or Order Filing 355 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from William B. Fleming dated August 27, 2021 re: #351 LETTER MOTION for Conference re: Plaintiffs' Rule 26(a)(1) Disclosures and Responses to Interrogatories addressed to Magistrate Judge Sarah L. Cave from John J. O'Donnell dated August 12, 2021. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
August 19, 2021 Opinion or Order Filing 354 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Video-Audio Conference proceeding held on 8/12/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(tg)
August 19, 2021 Opinion or Order Filing 353 TRANSCRIPT of Proceedings re: Video-Audio Conference held on 8/12/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/9/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/17/2021.(tg)
August 12, 2021 Opinion or Order Filing 352 ORDER denying #334 Motion to Strike document #334 MOTION to Strike . filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, #338 CROSS MOTION to Amend/Correct #325 Answer to Amended Complaint . filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C. from the record.; granting #338 Motion to Amend/Correct #334 MOTION to Strike ., #338 CROSS MOTION to Amend/Correct #325 Answer to Amended Complaint . Pursuant to the Courts rulings at the conference held today, August 12, 2021 (theMotion Conference), the Court Orders as follows: 1) Plaintiffs Motion to Strike Ambac's, the Jefferies Defendants,' and Ray's Unclean Hands Defense, or, in the Alternative, for a Protective Order (the "Motion to Strike" (ECF No. 334)) is DENIED. The cross-motion by Defendants Jefferies Mortgage Finance, Inc., Jefferies & Company, Inc., Jefferies LLC, and Jefferies Group LLC (the "Jefferies Defendants") for leave to file an amended answer ("Jefferies' Cross-Motion" (ECF No. 338)) is GRANTED. An Opinion & Order concerning the Motion to Strike and Jefferies' Cross-Motion will follow in due course. 2) The parties shall promptly meet and confer and submit an amended Proposed Case Management Plan consistent with the Court's rulings at the Motion Conference by no later than Friday, August 27, 2021. 3) Plaintiffs shall meet and confer with the Jefferies Defendants concerning the letter-motion requesting a discovery conference filed at ECF No. 351 ("Jefferies' Letter-Motion"). In the event the parties are unable to resolve Jefferies Letter-Motion, Plaintiffs may file an opposition no later than August 27, 2021; otherwise the Jefferies Defendants shall file a status report confirming that this dispute is resolved. The Clerk of Court is respectfully directed to close ECF Nos. 334 and 338. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/12/2021) (jca)
August 12, 2021 Opinion or Order Filing 351 LETTER MOTION for Conference re: Plaintiffs' Rule 26(a)(1) Disclosures and Responses to Interrogatories addressed to Magistrate Judge Sarah L. Cave from John J. O'Donnell dated August 12, 2021. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(O'Donnell, John)
August 12, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Status Conference via Microsoft Teams held on 8/12/2021. Attorneys William Fleming and Yates McLaughlin French appeared on behalf of plaintiff Monterey Bay Military Housing, LLC. Attorneys Rachel Elizabeth Epstein and Taylor Lloyd Jones appeared on behalf of defendant AMBAC Assurance Corporation. Attorney Scott Sonny Balber appeared on behalf of defendant Jeffries L.L.C. Attorney Amer Shahid Ahmed appeared on behalf of Danny Ray. Attorney David L. Goldberg appeared on behalf of defendant Chetan Marfatia. (ne)
August 12, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 8/27/2021 (jca)
August 11, 2021 Opinion or Order Filing 350 ORDER granting #348 Letter Motion for Conference re: #348 LETTER MOTION for Conference re: #346 Scheduling Order,,,, Unopposed request to conduct previously scheduled August 12, 2021 conference by video addressed to Magistrate Judge Sarah L. Cave from Michael B. Carlinsky dated 08/11/2021. Defendant's letter-motion requesting to convert the August 12, 2021 conference from an in-person conference to a remote conference (ECF No. 348) is GRANTED. The Court will circulate to the parties login credentials to participate in the conference by video. The public may attend this conference, on a "listen-only" basis, by dialing in to (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF No. 348. (Signed by Magistrate Judge Sarah L Cave on 8/11/2021) (ate)
August 11, 2021 Opinion or Order Filing 349 NOTICE OF APPEARANCE by Brian Lee Muldrew on behalf of Chetan Marfatia..(Muldrew, Brian)
August 11, 2021 Opinion or Order Filing 348 LETTER MOTION for Conference re: #346 Scheduling Order,,,, Unopposed request to conduct previously scheduled August 12, 2021 conference by video addressed to Magistrate Judge Sarah L. Cave from Michael B. Carlinsky dated 08/11/2021. Document filed by AMBAC Assurance Corporation..(Carlinsky, Michael)
August 10, 2021 Opinion or Order Filing 347 NOTICE OF APPEARANCE by Taylor Lloyd Jones on behalf of AMBAC Assurance Corporation..(Jones, Taylor)
August 6, 2021 Opinion or Order Filing 346 SCHEDULING ORDER: This action has been referred to the undersigned for General Pretrial Supervision and to issue a Report and Recommendation concerning Plaintiffs' Motion to Strike (ECF No. 334 ("Plaintiffs' Motion")). (ECF No. 345). In addition, certain Defendants have filed a cross-motion to amend their answer. (ECF No. 338 ("Defendants' Motion," together with Plaintiffs' Motion, the "Motions"). Accordingly, the Court will hold a Conference to discuss the Motions on Thursday, August 12, 2021 at 2:00 pm, in-person in Courtroom 18A, 500 Pearl Street, New York, New York. Any counsel unable to appear in-person may file a letter- application requesting to participate by telephone by no later than Tuesday, August 10, 2021. So Ordered Status Conference set for 8/12/2021 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 8/6/2021) (js)
June 17, 2021 Opinion or Order Filing 345 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Dkt. No. 334. Referred to Magistrate Judge Sarah L Cave. SO ORDERED. Motions referred to Sarah L Cave. (Signed by Judge Paul G. Gardephe on 6/16/2021) (ama) Modified on 6/29/2021 (ama).
June 15, 2021 Opinion or Order Filing 344 MEMORANDUM OF LAW in Support re: #334 MOTION to Strike . . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
June 14, 2021 Opinion or Order Filing 343 DECLARATION of Rachel E. Epstein in Opposition re: #334 MOTION to Strike .. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Epstein, Rachel)
June 14, 2021 Opinion or Order Filing 342 MEMORANDUM OF LAW in Opposition re: #334 MOTION to Strike . . Document filed by AMBAC Assurance Corporation..(Carlinsky, Michael)
June 14, 2021 Opinion or Order Filing 341 DECLARATION of John O'Donnell in Opposition re: #334 MOTION to Strike ., #338 CROSS MOTION to Amend/Correct #325 Answer to Amended Complaint .. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (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).(O'Donnell, John)
June 14, 2021 Opinion or Order Filing 340 MEMORANDUM OF LAW in Opposition re: #334 MOTION to Strike . . Document filed by Danny Ray..(Brodsky, Reed)
June 14, 2021 Opinion or Order Filing 339 MEMORANDUM OF LAW in Opposition re: #334 MOTION to Strike ., #338 CROSS MOTION to Amend/Correct #325 Answer to Amended Complaint . . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
June 14, 2021 Opinion or Order Filing 338 CROSS MOTION to Amend/Correct #325 Answer to Amended Complaint . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Balber, Scott)
June 14, 2021 Opinion or Order Filing 337 REPLY MEMORANDUM OF LAW in Support re: #334 MOTION to Strike . . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
June 14, 2021 Opinion or Order Filing 336 DECLARATION of William B. Fleming in Support re: #334 MOTION to Strike .. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1).(Fleming, William)
June 14, 2021 Opinion or Order Filing 335 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #344) MEMORANDUM OF LAW in Support re: #334 MOTION to Strike . . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William) Modified on 6/15/2021 (lb).
June 14, 2021 Opinion or Order Filing 334 MOTION to Strike . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Fleming, William)
May 10, 2021 Opinion or Order Filing 333 ORDER terminating #329 Motion for Conference re: #329 LETTER MOTION for Conference Requesting Pre-Motion Conference for Motion to Strike Unclean Hands Defenses, Or In The Alternative for A Protective Order addressed to Judge Paul G. Gardephe from Donna M. Welch, P.C. dated 05/06/2021. The following schedule will apply to Plaintiffs' motion to strike: 1. Plaintiffs' motion is due on May 24, 2021; 2. Defendants' opposition is due on June 7, 2021; and 3. Plaintiffs' reply, if any, is due on June 14, 2021. The Clerk of Court is directed to terminate Dkt. No. 329. The conference previously scheduled for May 13, 2021 is adjourned sine die. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 5/10/2021) (ks)
May 10, 2021 Opinion or Order Filing 332 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. Motions referred to Sarah L Cave. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/10/2021) (ks)
May 10, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 5/24/2021. Responses due by 6/7/2021 Replies due by 6/14/2021. (ks)
May 6, 2021 Opinion or Order Filing 331 PROPOSED CASE MANAGEMENT PLAN. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Welch, Donna)
May 6, 2021 Opinion or Order Filing 330 JOINT LETTER addressed to Judge Paul G. Gardephe from Donna M. Welch dated May 6, 2021 re: Initial Pretrial Conference and Case Management Plan. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Welch, Donna)
May 6, 2021 Opinion or Order Filing 329 LETTER MOTION for Conference Requesting Pre-Motion Conference for Motion to Strike Unclean Hands Defenses, Or In The Alternative for A Protective Order addressed to Judge Paul G. Gardephe from Donna M. Welch, P.C. dated 05/06/2021. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC..(Welch, Donna)
April 29, 2021 Opinion or Order Filing 328 MEMO ENDORSEMENT on re: #327 Letter,, filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter Reed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC. ENDORSEMENT: SO ORDERED. Attorney Pratik Kumar Ghosh terminated. (Signed by Judge Paul G. Gardephe on 4/29/2021) (kv)
April 28, 2021 Opinion or Order Filing 327 LETTER addressed to Judge Paul G. Gardephe from Lamina Bowen dated 04/28/2021 re: Withdrawal of Pratik Kumar Ghosh. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP..(Bowen, Lamina)
April 21, 2021 Opinion or Order Filing 326 ANSWER to #256 Amended Complaint,,,. Document filed by Danny Ray..(Brodsky, Reed)
April 21, 2021 Opinion or Order Filing 325 ANSWER to #256 Amended Complaint,,,. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
April 21, 2021 Opinion or Order Filing 324 ANSWER to #256 Amended Complaint,,,. Document filed by AMBAC Assurance Corporation..(Carlinsky, Michael)
April 21, 2021 Opinion or Order Filing 323 ANSWER to #256 Amended Complaint,,,. Document filed by Chetan Marfatia..(Goldberg, David)
April 19, 2021 Opinion or Order Filing 322 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL AS COUNSEL on re: #320 Notice (Other) filed by Danny Ray, ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/19/2021) Attorney Robert Dunn terminated. (ks) Modified on 4/26/2021 (ks).
April 16, 2021 Opinion or Order Filing 321 MEMO ENDORSEMENT on re: #319 Letter filed by AMBAC Assurance Corporation, ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/16/2021) Attorney Noah Samuel Helpern terminated. (ks)
April 15, 2021 Opinion or Order Filing 320 NOTICE of WITHDRAWAL AS COUNSEL. Document filed by Danny Ray. (Attachments: #1 DECLARATION OF STEPHEN W. HENRICK PURSUANT TO LOCAL RULE 1.4, #2 ORDER GRANTING WITHDRAWAL AS COUNSEL).(Henrick, Stephen)
April 14, 2021 Opinion or Order Filing 319 LETTER addressed to Judge Paul G. Gardephe from Noah S. Helpern dated April 14, 2021 re: Withdrawal as Counsel. Document filed by AMBAC Assurance Corporation..(Helpern, Noah)
April 14, 2021 Opinion or Order Filing 318 MEMO ENDORSEMENT on re: #317 Letter filed by Chetan Marfatia, ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/14/2021) Attorney Zachary Denver terminated. (ks)
April 13, 2021 Opinion or Order Filing 317 LETTER addressed to Judge Paul G. Gardephe re: withdrawal as counsel. Document filed by Chetan Marfatia..(Denver, Zachary)
April 8, 2021 Opinion or Order Filing 316 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 5/13/2021 at 09:45 AM before Judge Paul G. Gardephe, by telephone. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/8/2021) (ks)
April 6, 2021 Opinion or Order Filing 315 ORDER granting #312 Letter Motion for Extension of Time to Answer re #312 LETTER MOTION for Extension of Time to File Answer re: #220 Amended Complaint addressed to Judge Paul G. Gardephe from Scott S. Balber dated April 2, 2021. The Application is granted. SO ORDERED. Jefferies & Company Inc. answer due 4/21/2021; Jefferies Group LLC answer due 4/21/2021; Jefferies L.L.C. answer due 4/21/2021; Jefferies Mortgage Finance, Inc. answer due 4/21/2021 (Signed by Judge Paul G. Gardephe on 4/6/2021) (jca)
April 6, 2021 Opinion or Order Filing 314 ORDER granting #313 Letter Motion for Extension of Time to Answer re #313 JOINT LETTER MOTION for Extension of Time to File Answer To The Second Amended Complaint, addressed to Judge Paul G. Gardephe from David L. Goldberg, Michael B. Carlinsky & Reed Brodsky dated 4/5/21. The Application is granted. SO ORDERED. AMBAC Assurance Corporation answer due 4/21/2021; Chetan Marfatia answer due 4/21/2021; Danny Ray answer due 4/21/2021. (Signed by Judge Paul G. Gardephe on 4/6/2021) (jca)
April 5, 2021 Opinion or Order Filing 313 JOINT LETTER MOTION for Extension of Time to File Answer To The Second Amended Complaint, addressed to Judge Paul G. Gardephe from David L. Goldberg, Michael B. Carlinsky & Reed Brodsky dated 4/5/21. Document filed by Chetan Marfatia..(Goldberg, David)
April 2, 2021 Opinion or Order Filing 312 LETTER MOTION for Extension of Time to File Answer re: #220 Amended Complaint,,, addressed to Judge Paul G. Gardephe from Scott S. Balber dated April 2, 2021. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc...(Balber, Scott)
March 31, 2021 Opinion or Order Filing 311 MEMORANDUM OPINION AND ORDER re: #268 MOTION for Reconsideration re; #266 Order, . MOTION to Vacate #266 Order, of Transferor Court Entered Absent Personal Jurisdiction. filed by Chetan Marfatia, #273 MOTION to Vacate #261 Utility - Miscellaneous, MOTION TO VACATE THE NORTHERN DISTRICT OF CALIFORNIAS SEPTEMBER 26, 2019 RULING ON DEFENDANTS MOTION TO DISMISS. filed by AMBAC Assurance Corporation, #269 MOTION for Reconsideration . filed by Jefferies Mortgage Finance, Inc., Jefferies & Company Inc., Jefferies L.L.C., Jefferies Group LLC, #271 MOTION for Reconsideration re; #261 Utility - Miscellaneous, Reconsideration of the Northern District of California's September 26, 2019 Order on Defendants' Motion to Dismiss. filed by Danny Ray. For the reasons stated above, Defendants' motions for reconsideration are granted to the extent that (1) Plaintiffs' breach of fiduciary duty claims against Defendants Ambac and Marfatia are dismissed; (2) aiding and abetting breach of fiduciary duty claims premised on Defendants Ambac and Marfatia's breach of fiduciary duty are dismissed; and (3) Plaintiffs Sill Housing LLC and Lackland Family Housing LLC's RICO claims against Defendants Ambac and Marfatia are dismissed. Defendants' motions for reconsideration are otherwise denied. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 268, 269, 271, 273). SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/30/2021) (jca)
December 18, 2019 Opinion or Order Filing 310 MEMO ENDORSEMENT on re: #308 Letter filed by Chetan Marfatia, AMBAC Assurance Corporation. ENDORSEMENT: The application is denied. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/18/2019) (jca)
December 17, 2019 Opinion or Order Filing 309 NOTICE OF APPEARANCE by Sean Akchin on behalf of Chetan Marfatia. (Akchin, Sean)
December 11, 2019 Opinion or Order Filing 308 JOINT LETTER addressed to Judge Paul G. Gardephe from Michael B. Carlinsky dated December 11, 2019 re: Kirkland Limited Withdrawal #301 . Document filed by AMBAC Assurance Corporation, Chetan Marfatia.(Carlinsky, Michael)
December 10, 2019 Opinion or Order Filing 307 MEMO ENDORSEMENT granting #305 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered on this the 10th dayof December, 2019. (Attorney Melinda Eades LeMoine and Justin Paul Raphael terminated.) (Signed by Judge Paul G. Gardephe on 12/10/2019) (jwh)
December 6, 2019 Opinion or Order Filing 306 NOTICE OF APPEARANCE by Joseph Myer Sanderson on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Sanderson, Joseph)
December 4, 2019 Opinion or Order Filing 305 MOTION for Justin Paul Raphael to Withdraw as Attorney Motion of Munger, Tolles & Olson LLP To Withdraw As Counsel For The Jefferies Defendants. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc..(Raphael, Justin)
November 20, 2019 Opinion or Order Filing 304 ORDER terminating #275 LETTER MOTION for Conference Letter Requesting Status Conference On Behalf Of Defendants. It is hereby ORDERED that Defendants' answers are due seven days after this Court issues a decision concerning Defendants' motions for reconsideration (Dkt. Nos. 268, 269, 271, 273) concerning the Northern District of California's September 26, 2019 Order (Dkt. No. 266). The Clerk of Court is directed to terminate the motion. (Dkt. No. 275). SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/20/2019) (jca)
November 12, 2019 Opinion or Order Filing 303 NOTICE OF APPEARANCE by William Fleming on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Fleming, William)
November 12, 2019 Opinion or Order Filing 302 MEMO ENDORSEMENT on MOTION FOR WITHDRAWAL OF COUNSEL FOR LIMITED PURPOSE AND FOR THE SUBSTITUTION OF COUNSEL granting #301 Motion to Substitute Attorney; granting #301 Motion to Withdraw. Added attorney George Robert Gage, Jr,William B. Fleming for AETC Housing LP,George Robert Gage, Jr,William B. Fleming for AMC West Housing LP,George Robert Gage, Jr,William B. Fleming for Bragg Communities LLC,George Robert Gage, Jr,William B. Fleming for Carlisle/Picatinny Family Housing LP,George Robert Gage, Jr,William B. Fleming for Fort Bliss/White Sands Missile Range Housing LP,George Robert Gage, Jr,William B. Fleming for Fort Detrick/Walter Reed Army Medical Center LLC,George Robert Gage, Jr,William B. Fleming for Fort Leavenworth Frontier Heritage Communities, I, LLC,George Robert Gage, Jr,William B. Fleming for Fort Leavenworth Frontier Heritage Communities, II, LLC,George Robert Gage, Jr,William B. Fleming for Lackland Family Housing, LLC,George Robert Gage, Jr,William B. Fleming for Meade Communities LLC,George Robert Gage, Jr,William B. Fleming for Monterey Bay Land, LLC,George Robert Gage, Jr,William B. Fleming for Monterey Bay Military Housing, LLC,George Robert Gage, Jr,William B. Fleming for Picerne-Fort Polk Funding, LLC,George Robert Gage, Jr,William B. Fleming for Riley Communities LLC,George Robert Gage, Jr,William B. Fleming for Rucker Communities, LLC,George Robert Gage, Jr,William B. Fleming for Sill Housing, LLC,George Robert Gage, Jr,William B. Fleming for Stewart Hunter Housing LLC,George Robert Gage, Jr,William B. Fleming for Vandenberg Housing LP. ENDORSEMENT: SO ORDERED on this the 12th day of November, 2019. (Signed by Judge Paul G. Gardephe on 11/12/2019) (jca)
November 8, 2019 Opinion or Order Filing 301 MOTION to Substitute Attorney. Old Attorney: Kirkland & Ellis LLP for the limited purpose of the prosecution of their claims against Jefferies, New Attorney: Gage Spencer & Fleming LLP ., MOTION to Withdraw as Counsel for Limited Purpose and For Substiution of Counsel. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP.(Welch, Donna)
November 7, 2019 Opinion or Order Filing 300 ORDER FOR ADMISSION PRO HAC VICE granting #299 MOTION for Steven G. Madison to Appear Pro Hac Vice. Counsel shall immediately forward the Pro Hae Vice fee to the Clerk of the Court. (Signed by Judge Paul G. Gardephe on 11/7/2019) (jca) Transmission to Finance Unit (Cashiers) for processing.
November 4, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #299 MOTION for Steven G. Madison to Appear Pro Hac Vice Filing Fee $200.00, Receipt No. ANYSDC-17837704. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 1, 2019 Opinion or Order Filing 299 MOTION for Steven G. Madison to Appear Pro Hac Vice Filing Fee $200.00, Receipt No. ANYSDC-17837704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Affidavit of Steven G. Madison In Support of Motion for Admission Pro Hac Vice, #2 [Proposed] Order)(Madison, Steven)
November 1, 2019 Opinion or Order Filing 298 ORDER: It is hereby ORDERED that the following schedule will apply to Defendants' Answers: 1. Defendants Answers are due on December 4, 2019. SO ORDERED. AMBAC Assurance Corporation answer due 12/4/2019; Jefferies & Company Inc. answer due 12/4/2019; Jefferies Group LLC answer due 12/4/2019; Jefferies L.L.C. answer due 12/4/2019; Jefferies Mortgage Finance, Inc. answer due 12/4/2019; Chetan Marfatia answer due 12/4/2019; Danny Ray answer due 12/4/2019. (Signed by Judge Paul G. Gardephe on 11/1/2019) (jca)
October 31, 2019 Opinion or Order Filing 297 REPLY MEMORANDUM OF LAW in Support re: #271 MOTION for Reconsideration re; #261 Utility - Miscellaneous, Reconsideration of the Northern District of California's September 26, 2019 Order on Defendants' Motion to Dismiss. . Document filed by Danny Ray. (Brodsky, Reed)
October 31, 2019 Opinion or Order Filing 296 REPLY MEMORANDUM OF LAW in Support re: #273 MOTION to Vacate #261 Utility - Miscellaneous, MOTION TO VACATE THE NORTHERN DISTRICT OF CALIFORNIAS SEPTEMBER 26, 2019 RULING ON DEFENDANTS MOTION TO DISMISS. . Document filed by AMBAC Assurance Corporation. (Carlinsky, Michael)
October 31, 2019 Opinion or Order Filing 295 LETTER addressed to Judge Paul G. Gardephe from Scott S. Balber dated October 31, 2019 re: Request for Oral Argument on Motions for Reconsideration. Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc..(Balber, Scott)
October 31, 2019 Opinion or Order Filing 294 REPLY MEMORANDUM OF LAW in Support re: #269 MOTION for Reconsideration . . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Balber, Scott)
October 31, 2019 Opinion or Order Filing 293 REPLY MEMORANDUM OF LAW in Support re: #268 MOTION for Reconsideration re; #266 Order, . MOTION to Vacate #266 Order, of Transferor Court Entered Absent Personal Jurisdiction. . Document filed by Chetan Marfatia. (Goldberg, David)
October 29, 2019 Opinion or Order Filing 292 ORDER FOR ADMISSION PRO HAC VICE: granting #284 Motion for Benjamin T. Kurtz to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 10/29/2019) (ama)
October 29, 2019 Opinion or Order Filing 291 ORDER FOR ADMISSION PRO HAC VICE granting #283 MOTION for Donna M. Welch to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 10/29/2019) (jca)
October 29, 2019 Opinion or Order Filing 290 ORDER FOR ADMISSION PRO HAC VICE granting #285 MOTION for Yates M. French to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 10/29/2019) (jca)
October 29, 2019 Opinion or Order Filing 289 ORDER FOR ADMISSION PRO HAC VICE granting #282 Motion for Jeffrey L. Willian to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 10/29/2019) (jwh)
October 25, 2019 Opinion or Order Filing 288 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven G. Madison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17837704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AMBAC Assurance Corporation. (Attachments: #1 Affidavit Affidavit of Steven G. Madison in Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1 to Steven G, Madison Affidavit, #3 Proposed Order for Admission)(Madison, Steven) Modified on 10/25/2019 (wb).
October 25, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #288 MOTION for Steven G. Madison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17837704. 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 California;. 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.. (wb)
October 24, 2019 Opinion or Order Filing 287 ORDER granting #279 Letter Motion for Leave to File Excess Pages. The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 10/24/19) (yv)
October 24, 2019 Opinion or Order Filing 286 MEMORANDUM OF LAW in Opposition re: #268 MOTION for Reconsideration re; #266 Order, . MOTION to Vacate #266 Order, of Transferor Court Entered Absent Personal Jurisdiction., #269 MOTION for Reconsideration ., #271 MOTION for Reconsideration re; #261 Utility - Miscellaneous, Reconsideration of the Northern District of California's September 26, 2019 Order on Defendants' Motion to Dismiss. . Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Bowen, Lamina)
October 24, 2019 Opinion or Order Filing 285 MOTION for Yates M. French to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit of Yates M. French in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(French, Yates)
October 24, 2019 Opinion or Order Filing 284 MOTION for Benjamin T. Kurtz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17829467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit of Benjamin T. Kurtz in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Kurtz, Benjamin)
October 24, 2019 Opinion or Order Filing 283 MOTION for Donna M. Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17829424. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit of Donna M. Welch in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Welch, Donna)
October 24, 2019 Opinion or Order Filing 282 MOTION for Jeffrey L. Willian to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Affidavit of Jeffrey L. Willian in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Certificate of Good Standing, #4 Text of Proposed Order)(Willian P C, Jeffrey)
October 24, 2019 Opinion or Order Filing 281 LETTER addressed to Judge Paul G. Gardephe from Anne Champion dated October 24, 2019 re: response to Plaintiffs' October 23, 2019 letter [Dkt. 280]. Document filed by Danny Ray.(Champion, Anne)
October 24, 2019 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #282 MOTION for Jeffrey L. Willian to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-17828976, paid on 10/24/2019. (wb)
October 24, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #282 MOTION for Jeffrey L. Willian to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #283 MOTION for Donna M. Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17829424. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 24, 2019 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #285 MOTION for Yates M. French to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-17829535, paid on 10/24/2019. (wb)
October 24, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #285 MOTION for Yates M. French 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)
October 24, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #284 MOTION for Benjamin T. Kurtz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17829467. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
October 23, 2019 Opinion or Order Filing 280 LETTER addressed to Judge Paul G. Gardephe from Lamina Bowen dated October 23, 2019 re: Response to Defendants' October 22, 2019 Letter. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP.(Bowen, Lamina)
October 22, 2019 Opinion or Order Filing 279 LETTER MOTION for Leave to File Excess Pages Omnibus Opposition to Motion addressed to Judge Paul G. Gardephe from Lamina Bowen dated October 22, 2019. Document filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP.(Bowen, Lamina)
October 22, 2019 Opinion or Order Filing 278 NOTICE OF APPEARANCE by Lamina E Bowen on behalf of AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Bowen, Lamina)
October 22, 2019 Opinion or Order Filing 277 JOINT LETTER addressed to Judge Paul G. Gardephe from Anne Champion dated October 22, 2019 re: Extension of Time to Respond. Document filed by Danny Ray.(Champion, Anne)
October 11, 2019 Opinion or Order Filing 276 NOTICE OF APPEARANCE by Michael Paul Jones on behalf of Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Jones, Michael)
October 10, 2019 Opinion or Order Filing 275 LETTER MOTION for Conference Letter Requesting Status Conference On Behalf Of Defendants addressed to Judge Paul G. Gardephe from Michael B. Carlinsky dated October 10, 2019. Document filed by AMBAC Assurance Corporation.(Carlinsky, Michael)
October 10, 2019 Opinion or Order Filing 274 MEMORANDUM OF LAW in Support re: #273 MOTION to Vacate #261 Utility - Miscellaneous, MOTION TO VACATE THE NORTHERN DISTRICT OF CALIFORNIAS SEPTEMBER 26, 2019 RULING ON DEFENDANTS MOTION TO DISMISS. . Document filed by AMBAC Assurance Corporation. (Carlinsky, Michael)
October 10, 2019 Opinion or Order Filing 273 MOTION to Vacate #261 Utility - Miscellaneous, MOTION TO VACATE THE NORTHERN DISTRICT OF CALIFORNIAS SEPTEMBER 26, 2019 RULING ON DEFENDANTS MOTION TO DISMISS. Document filed by AMBAC Assurance Corporation.(Carlinsky, Michael)
October 10, 2019 Opinion or Order Filing 272 MEMORANDUM OF LAW in Support re: #271 MOTION for Reconsideration re; #261 Utility - Miscellaneous, Reconsideration of the Northern District of California's September 26, 2019 Order on Defendants' Motion to Dismiss. . Document filed by Danny Ray. (Brodsky, Reed)
October 10, 2019 Opinion or Order Filing 271 MOTION for Reconsideration re; #261 Utility - Miscellaneous, Reconsideration of the Northern District of California's September 26, 2019 Order on Defendants' Motion to Dismiss. Document filed by Danny Ray.(Brodsky, Reed)
October 10, 2019 Opinion or Order Filing 270 MEMORANDUM OF LAW in Support re: #269 MOTION for Reconsideration . . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc.. (Balber, Scott)
October 10, 2019 Opinion or Order Filing 269 MOTION for Reconsideration . Document filed by Jefferies & Company Inc., Jefferies Group LLC, Jefferies L.L.C., Jefferies Mortgage Finance, Inc..(Balber, Scott)
October 10, 2019 Opinion or Order Filing 268 MOTION for Reconsideration re; #266 Order, ., MOTION to Vacate #266 Order, of Transferor Court Entered Absent Personal Jurisdiction. Document filed by Chetan Marfatia. (Attachments: #1 Memorandum in Support of Motion)(Goldberg, David)
October 4, 2019 Opinion or Order Filing 267 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 5:17-cv-04992. Original file certified copy of transfer order and docket entries received. (sjo)
October 4, 2019 Opinion or Order Case Designated ECF. (sjo)
October 4, 2019 Opinion or Order Magistrate Judge Sarah L. Cave 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. (sjo)
October 4, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul G. Gardephe. 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. (sjo)
October 4, 2019 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
October 3, 2019 Opinion or Order Filing 266 ORDER DENYING #223 DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT; SUA SPONTE RECONSIDERING PRIOR ORDER DENYING MOTION TO TRANSFER ACTION TO SOUTHERN DISTRICT OF NEW YORK; AND GRANTING MOTION TO TRANSFER. Signed by Judge Beth Labson Freeman on 9/26/2019. (This is the unredacted version of the sealed document filed on 9/26/2019 at #261 ). (blflc1S, COURT STAFF) (Filed on 10/3/2019) [Transferred from California Northern on 10/4/2019.]
October 3, 2019 Opinion or Order Filing 265 ORDER DIRECTING CLERK TO FILE ORDER ON PUBLIC DOCKET; LIFTING STAY; AND ORDERING CLERK TO EFFECT TRANSFER OF CASE TO SOUTHERN DISTRICT OF NEW YORK. Signed by Judge Beth Labson Freeman on 10/3/2019. (blflc1S, COURT STAFF) (Filed on 10/3/2019) [Transferred from California Northern on 10/4/2019.]
October 3, 2019 Opinion or Order Filing 264 STIPULATION Regarding Redactions to the Court's Order of September 26, 2019 filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 10/3/2019) [Transferred from California Northern on 10/4/2019.]
October 2, 2019 Opinion or Order Filing 263 NOTICE of Change In Counsel by Melinda Eades LeMoine Notice of Withdrawal of Counsel Molly K. Priedeman (LeMoine, Melinda) (Filed on 10/2/2019) [Transferred from California Northern on 10/4/2019.]
September 26, 2019 Opinion or Order Filing 262 ORDER STAYING TRANSFER TO THE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; AND DIRECTING PARTIES TO SUBMIT STIPULATED PROPOSED REDACTIONS TO THE COURT'S ORDER OF SEPTEMBER 26, 2019 ON OR BEFORE OCTOBER 3, 2019. Signed by Judge Beth Labson Freeman on 9/26/2019. (blflc1S, COURT STAFF) (Filed on 9/26/2019) [Transferred from California Northern on 10/4/2019.]
September 26, 2019 Opinion or Order Filing 261 ORDER DENYING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT; SUA SPONTE RECONSIDERING PRIOR ORDER DENYING MOTION TO TRANSFER ACTION TO SOUTHERN DISTRICT OF NEW YORK; AND GRANTING MOTION TO TRANSFER. (tshS, COURT STAFF) (Filed on 9/26/2019) [Transferred from California Northern on 10/4/2019.]
September 5, 2019 Opinion or Order Filing 260 ORDER DENYING #258 DEFENDANTS' ADMINISTRATIVE MOTION SEEKING STAY OF DISCOVERY PENDING RESOLUTION OF THEIR MOTIONS TO DISMISS. Signed by Judge Beth Labson Freeman on 9/5/2019.(blflc1S, COURT STAFF) (Filed on 9/5/2019) [Transferred from California Northern on 10/4/2019.]
August 12, 2019 Opinion or Order Filing 259 OPPOSITION/RESPONSE (re #258 Joint ADMINISTRATIVE MOTION Stay of Discovery ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 8/12/2019) [Transferred from California Northern on 10/4/2019.]
August 7, 2019 Opinion or Order Filing 258 Joint ADMINISTRATIVE MOTION Stay of Discovery filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. Responses due by 8/12/2019. (O'Donnell, John) (Filed on 8/7/2019) [Transferred from California Northern on 10/4/2019.]
August 2, 2019 Opinion or Order Filing 257 Transcript of Proceedings held on 7-18-19, before Judge Beth Labson Freeman. Court Reporter/Transcriber Lee-Anne Shortridge, telephone number 408-287-4580 email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #252 Transcript Order, ) Release of Transcript Restriction set for 10/31/2019. (Related documents(s) #252 ) (lasS, COURT STAFF) (Filed on 8/2/2019) [Transferred from California Northern on 10/4/2019.]
July 22, 2019 Opinion or Order Filing 256 AMENDED COMPLAINT Second Amended Redacted Complaint (per ECF 247) against All Defendants. Filed byPicerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC. (Welch, Donna) (Filed on 7/22/2019) [Transferred from California Northern on 10/4/2019.]
July 22, 2019 Opinion or Order Filing 255 TRANSCRIPT ORDER for proceedings held on 07/18/19 before Judge Beth Labson Freeman by Chetan Marfatia, for Court Reporter Lee-Anne Shortridge. (Denver, Zachary) (Filed on 7/22/2019) [Transferred from California Northern on 10/4/2019.]
July 19, 2019 Opinion or Order Filing 254 TRANSCRIPT ORDER for proceedings held on 07/18/2019 before Judge Beth Labson Freeman by Ambac Assurance Corporation, for Court Reporter Lee-Anne Shortridge. (Mills, Thomas) (Filed on 7/19/2019) [Transferred from California Northern on 10/4/2019.]
July 19, 2019 Opinion or Order Filing 253 TRANSCRIPT ORDER for proceedings held on 7/18/2019 before Judge Beth Labson Freeman by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter Lee-Anne Shortridge. (Welch, Donna) (Filed on 7/19/2019) [Transferred from California Northern on 10/4/2019.]
July 19, 2019 Opinion or Order Filing 252 TRANSCRIPT ORDER for proceedings held on July 18, 2019 before Judge Beth Labson Freeman by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter Lee-Anne Shortridge. (Balber, Scott) (Filed on 7/19/2019) [Transferred from California Northern on 10/4/2019.]
July 18, 2019 Opinion or Order Filing 251 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 7/18/2019 re #223 Joint MOTION to Dismiss Second Amended Complaint filed by Danny Ray, Chetan Marfatia, Jefferies LLC, Jefferies Mortgage Finance, Inc., Jefferies Group LLC, Ambac Assurance Corporation, Jefferies & Company, Inc.A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. Total Time in Court: 2:23 (9:37 - 12:15). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Jeffrey Willian, Donna Welch. Defendant Attorney: Anne Marie Champion, Scott Balber, Steven Madison, Zachary Denver. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 7/18/2019) [Transferred from California Northern on 10/4/2019.]
July 16, 2019 Opinion or Order Filing 250 NOTICE of Appearance by Molly Priedeman (Priedeman, Molly) (Filed on 7/16/2019) [Transferred from California Northern on 10/4/2019.]
July 12, 2019 Opinion or Order Filing 249 EXHIBITS re #231 Administrative Motion to File Under Seal Unredacted Versions of ECF 233, 234, and 236 per ECF 248 filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Supplement [Unredacted ECF 233] per [ECF 248], #2 Supplement [Unredacted ECF 234] per [ECF 248], #3 Supplement [Unredacted ECF 236] per [ECF 248])(Related document(s) #231 ) (Welch, Donna) (Filed on 7/12/2019) [Transferred from California Northern on 10/4/2019.]
July 11, 2019 Opinion or Order Filing 248 ORDER DIRECTING PLAINTIFFS TO FILE UNREDACTED VERSIONS OF #233 , #234 , #236 OPPOSITION BRIEFS NOT LATER THAN 4:00 PM ON FRIDAY, JULY 12, 2019. Signed by Judge Beth Labson Freeman on 7/11/2019. (blflc1S, COURT STAFF) (Filed on 7/11/2019) [Transferred from California Northern on 10/4/2019.]
July 11, 2019 Opinion or Order Filing 247 ORDER GRANTING IN PART AND DENYING IN PART #210 , #231 PLAINTIFFS' ADMINISTRATIVE MOTIONS TO SEAL. Signed by Judge Beth Labson Freeman on 7/11/2019. (blflc1S, COURT STAFF) (Filed on 7/11/2019) [Transferred from California Northern on 10/4/2019.]
July 2, 2019 Opinion or Order Filing 246 ORDER GRANTING #240 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 7/2/2019.(blflc1S, COURT STAFF) (Filed on 7/2/2019) [Transferred from California Northern on 10/4/2019.]
May 16, 2019 Opinion or Order Filing 245 Brief re #224 Brief Supplemental Reply of Defendant Dan Ray in Support of Joint Motion to Dismiss Second Amended Complaint filed byDanny Ray. (Related document(s) #224 ) (Champion, Anne) (Filed on 5/16/2019) [Transferred from California Northern on 10/4/2019.]
May 16, 2019 Opinion or Order Filing 244 Brief re #225 Supplemental Brief Supplemental Reply of Defendant Chetan Marfatia in Support of His Motion to Dismiss the Second Amended Complaint filed byChetan Marfatia. (Related document(s) #225 ) (Goldberg, David) (Filed on 5/16/2019) [Transferred from California Northern on 10/4/2019.]
May 16, 2019 Opinion or Order Filing 243 Brief re #228 Brief Defendant Ambac's Supplemental Reply in Support of Motion to Dismiss Second Amended Complaint filed byAmbac Assurance Corporation. (Related document(s) #228 ) (Madison, Steven) (Filed on 5/16/2019) [Transferred from California Northern on 10/4/2019.]
May 16, 2019 Opinion or Order Filing 242 Brief re #227 Brief, Supplemental Reply in Support of Joint Motion to Dismiss the Second Amended Complaint filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Related document(s) #227 ) (Balber, Scott) (Filed on 5/16/2019) [Transferred from California Northern on 10/4/2019.]
May 16, 2019 Opinion or Order Filing 241 REPLY (re #223 Joint MOTION to Dismiss Second Amended Complaint ) Defendants' Joint Reply in Support of Joint Motion to Dismiss Second Amended Complaint filed byAmbac Assurance Corporation, Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Madison, Steven) (Filed on 5/16/2019) [Transferred from California Northern on 10/4/2019.]
May 15, 2019 Opinion or Order Filing 240 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13349985.) filed by Chetan Marfatia. (Attachments: #1 Certificate of Good Standing)(Denver, Zachary) (Filed on 5/15/2019) [Transferred from California Northern on 10/4/2019.]
May 10, 2019 Opinion or Order Filing 239 ORDER GRANTING #238 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Michael B. Carlinsky). Signed by Judge Beth Labson Freeman on 5/10/2019.(blflc1S, COURT STAFF) (Filed on 5/10/2019) [Transferred from California Northern on 10/4/2019.]
May 9, 2019 Opinion or Order Filing 238 MOTION for leave to appear in Pro Hac Vice of Michael B. Carlinsky ( Filing fee $ 310, receipt number 0971-13332742.) filed by Ambac Assurance Corporation. (Attachments: #1 Exhibit Certificate of Good Standing)(Carlinsky, Michael) (Filed on 5/9/2019) [Transferred from California Northern on 10/4/2019.]
April 19, 2019 Opinion or Order Filing 237 Declaration in Support of #231 Administrative Motion to File Under Seal filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Related document(s) #231 ) (O'Donnell, John) (Filed on 4/19/2019) Modified on 4/19/2019 (sfbS, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
April 16, 2019 Opinion or Order Filing 236 OPPOSITION/RESPONSE (re #223 Joint MOTION to Dismiss Second Amended Complaint ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 4/16/2019) [Transferred from California Northern on 10/4/2019.]
April 16, 2019 Opinion or Order Filing 235 Brief re #227 Brief, in Opposition to Jefferies' Supplemental Motion to Dismiss filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Related document(s) #227 ) (Welch, Donna) (Filed on 4/16/2019) [Transferred from California Northern on 10/4/2019.]
April 16, 2019 Opinion or Order Filing 234 Brief re #225 Supplemental Brief in Opposition to Defendant C. Marfatia's Supplemental Memorandum of Law in Support of His Motion to Dismiss the Second Amended Complaint filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Related document(s) #225 ) (Welch, Donna) (Filed on 4/16/2019) [Transferred from California Northern on 10/4/2019.]
April 16, 2019 Opinion or Order Filing 233 Brief re #228 Brief in Opposition to Ambac's Supplemental Motion to Dismiss filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Related document(s) #228 ) (Welch, Donna) (Filed on 4/16/2019) [Transferred from California Northern on 10/4/2019.]
April 16, 2019 Opinion or Order Filing 232 Brief re #224 Brief in Opposition to Defendant Danny Ray's Supplemental Memorandum in Support of Motion to Dismiss the Second Amended Complaint filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1)(Related document(s) #224 ) (Welch, Donna) (Filed on 4/16/2019) [Transferred from California Northern on 10/4/2019.]
April 16, 2019 Opinion or Order Filing 231 Administrative Motion to File Under Seal filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Plaintiffs' Opposition to Defendant D. Ray's Motion to Dismiss, #4 Unredacted Version of Plaintiffs' Opposition to Defendant D. Ray's Motion to Dismiss, #5 Redacted Version of T. Noonan, Esq. in Support of Plaintiffs' Opposition to Defendants' Joint Motion to Dismiss, #6 Unredacted Version of T. Noonan, Esq. in Support of Plaintiffs' Opposition to Defendants' Joint Motion to Dismiss)(Welch, Donna) (Filed on 4/16/2019) [Transferred from California Northern on 10/4/2019.]
March 21, 2019 Opinion or Order Filing 230 ORDER RE #222 JOINT/STIPULATED MOTION TO SET HEARING DATE ON DEFENDANTS' MOTIONS TO DISMISS SECOND AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 3/21/2019.(blflc1S, COURT STAFF) (Filed on 3/21/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 229 Declaration in Support of #227 Brief, #223 Joint MOTION to Dismiss Second Amended Complaint filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #227 , #223 ) (Balber, Scott) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 228 Brief re #223 Joint MOTION to Dismiss Second Amended Complaint Supplemental Brief filed byAmbac Assurance Corporation. (Related document(s) #223 ) (Madison, Steven) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 227 Brief re #223 Joint MOTION to Dismiss Second Amended Complaint filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Related document(s) #223 ) (Balber, Scott) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 226 Declaration of John J. O'Donnell in Support of #223 Joint MOTION to Dismiss Second Amended Complaint filed byAmbac Assurance Corporation, Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18)(Related document(s) #223 ) (Madison, Steven) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 225 Supplemental Brief re #223 Joint MOTION to Dismiss Second Amended Complaint filed byChetan Marfatia. (Related document(s) #223 ) (Goldberg, David) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 224 Brief re #223 Joint MOTION to Dismiss Second Amended Complaint filed byDanny Ray. (Attachments: #1 Declaration Declaration of Dan Ray)(Related document(s) #223 ) (Champion, Anne) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 15, 2019 Opinion or Order Filing 223 Joint MOTION to Dismiss Second Amended Complaint filed by Ambac Assurance Corporation, Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. Motion Hearing set for 7/18/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/16/2019. Replies due by 5/16/2019. (Attachments: #1 Proposed Order)(Madison, Steven) (Filed on 2/15/2019) [Transferred from California Northern on 10/4/2019.]
February 14, 2019 Opinion or Order Filing 222 Joint ADMINISTRATIVE MOTION to Set the Earliest Possible Hearing Date for Oral Argument on Defendants' Forthcoming Motions to Dismiss Plaintiffs' Second Amended Complaint filed by Chetan Marfatia. Responses due by 2/19/2019. (Attachments: #1 Proposed Order)(Goldberg, David) (Filed on 2/14/2019) [Transferred from California Northern on 10/4/2019.]
January 22, 2019 Opinion or Order Filing 221 ORDER DENYING #217 THE JEFFERIES DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF ADJUSTING PAGE LIMITATIONS. Signed by Judge Beth Labson Freeman on 1/22/2019.(blflc1S, COURT STAFF) (Filed on 1/22/2019) [Transferred from California Northern on 10/4/2019.]
January 16, 2019 Opinion or Order Filing 220 AMENDED COMPLAINT (Replacement Docket 211 Plaintiffs' Second Amended Complaint - Redacted Version) against Ambac Assurance Corporation, Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. Filed byPicerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC. (Welch, Donna) (Filed on 1/16/2019) [Transferred from California Northern on 10/4/2019.]
January 16, 2019 Opinion or Order Filing 219 EXHIBITS re #210 Administrative Motion to File Under Seal Second Amended Complaint (Replacement Docket 210-2 Plaintiffs' Second Amended Complaint - Redacted Version) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Related document(s) #210 ) (Welch, Donna) (Filed on 1/16/2019) [Transferred from California Northern on 10/4/2019.]
January 11, 2019 Opinion or Order Filing 218 Declaration of John J. O'Donnell in Support of #217 MOTION for Leave to File Excess Pages filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #217 ) (O'Donnell, John) (Filed on 1/11/2019) [Transferred from California Northern on 10/4/2019.]
January 11, 2019 Opinion or Order Filing 217 MOTION for Leave to File Excess Pages filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (O'Donnell, John) (Filed on 1/11/2019) [Transferred from California Northern on 10/4/2019.]
December 28, 2018 Opinion or Order Filing 216 DECLARATION of Rachel E. Epstein in Response To #210 Administrative Motion to File Under Seal Second Amended Complaint filed byAmbac Assurance Corporation. (Epstein, Rachel) (Filed on 12/28/2018) [Transferred from California Northern on 10/4/2019.]
December 28, 2018 Opinion or Order Filing 215 Declaration of John J. O'Donnell in Support of #210 Administrative Motion to File Under Seal Second Amended Complaint filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Related document(s) #210 ) (O'Donnell, John) (Filed on 12/28/2018) [Transferred from California Northern on 10/4/2019.]
December 26, 2018 Opinion or Order Filing 214 ORDER GRANTING #212 STIPULATED MOTION TO EXTEND DEFENDANTS' TIME TO FILE A DECLARATION IN RESPONSE TO PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE THE SECOND AMENDED COMPLAINT UNDER SEAL. Signed by Judge Beth Labson Freeman on 12/26/2018.(blflc1S, COURT STAFF) (Filed on 12/26/2018) [Transferred from California Northern on 10/4/2019.]
December 24, 2018 Opinion or Order Filing 213 STIPULATION re #211 Amended Complaint,,, extension of time to answer or respond, filed by Danny Ray. (Dunn, Robert) (Filed on 12/24/2018) [Transferred from California Northern on 10/4/2019.]
December 21, 2018 Opinion or Order Filing 212 First MOTION for Extension of Time to File Response to Plaintiffs' Administrative Motion to File the Second Amended Complaint Under Seal filed by Ambac Assurance Corporation. (Attachments: #1 Declaration, #2 Proposed Order)(Madison, Steven) (Filed on 12/21/2018) [Transferred from California Northern on 10/4/2019.]
December 17, 2018 Opinion or Order Filing 211 *Filing Error. See Corrected Version Dkt #220 * AMENDED COMPLAINT - Second Amended Complaint against Ambac Assurance Corporation, Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., Chetan Marfatia, Danny Ray. Filed byPicerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC. (Welch, Donna) (Filed on 12/17/2018) Modified on 1/17/2019 (sfbS, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
December 17, 2018 Opinion or Order Filing 210 Administrative Motion to File Under Seal Second Amended Complaint filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of D. Welch, *See Dkt #219 for Corrected Version*#2 Proposed Redacted Version of Second Amended Complaint, #3 Unredacted Version of Second Amended Complaint, #4 Proposed Order)(Welch, Donna) (Filed on 12/17/2018) Modified on 1/17/2019 (sfbS, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
November 7, 2018 Opinion or Order Filing 209 ORDER GRANTING #207 PLAINTIFFS' THIRD MOTION TO EXTEND TIME TO FILE SECOND AMENDED COMPLAINT. Amended Pleading due by 12/17/2018. Signed by Judge Beth Labson Freeman on 11/7/2018. (blflc1S, COURT STAFF) (Filed on 11/7/2018) [Transferred from California Northern on 10/4/2019.]
November 7, 2018 Opinion or Order Filing 208 AFFIDAVIT of John J. O'Donnell by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(O'Donnell, John) (Filed on 11/7/2018) [Transferred from California Northern on 10/4/2019.]
November 7, 2018 Opinion or Order Filing 207 Third MOTION for Extension of Time to Amend Second Amended Complaint filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of D. Welch, #2 Proposed Order)(Welch, Donna) (Filed on 11/7/2018) [Transferred from California Northern on 10/4/2019.]
November 2, 2018 Opinion or Order Filing 206 Transcript of Proceedings held on October 31, 2018, before Judge Nathanael Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #204 Transcript Order,,, #205 Transcript Order, ) Redaction Request due 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/31/2019. (Related documents(s) #204 , #205 ) (Columbini, Joan) (Filed on 11/2/2018) [Transferred from California Northern on 10/4/2019.]
November 2, 2018 Opinion or Order Filing 205 TRANSCRIPT ORDER for proceedings held on October 31, 2018 before Judge Nathanael M. Cousins by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter FTR - San Jose. (Balber, Scott) (Filed on 11/2/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 11/2/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
November 1, 2018 Opinion or Order Filing 204 TRANSCRIPT ORDER for proceedings held on 10/31/2018 before Judge Nathanael M. Cousins by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter FTR - San Jose. (Welch, Donna) (Filed on 11/1/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 11/1/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
October 31, 2018 Opinion or Order Filing 203 PDF with attached Audio File. Court Date & Time [ 10/31/2018 1:28:39 PM ]. File Size [ 24360 KB ]. Run Time [ 00:50:45 ]. (courtspeak). [Transferred from California Northern on 10/4/2019.]
October 31, 2018 Opinion or Order Filing 202 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re Discovery Letter Briefs #178 , #191 - held on 10/31/2018: See minute order for Court's rulings. Attorneys for Plaintiffs: Jeffrey Willian, Pratik Ghosh, Donna Welch. Attorneys for Defendant Ambac Assurance: Scott Mills, Rachel Epstein. Attorneys for Defendants Jefferies LLC, et al: John ODonnell, Justin Raphael.Attorneys for Defendants Danny Ray and Annandale: Robert Dunn, Reed Brodksy, Amer Ahmed. (FTR Time: 1:28pm to 2:19pm) Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 10/31/2018) [Transferred from California Northern on 10/4/2019.]
October 30, 2018 Opinion or Order Filing 201 ORDER GRANTING #200 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Pratik K. Ghosh). Signed by Judge Beth Labson Freeman on 10/30/2018.(blflc1S, COURT STAFF) (Filed on 10/30/2018) [Transferred from California Northern on 10/4/2019.]
October 29, 2018 Opinion or Order Filing 200 MOTION for leave to appear in Pro Hac Vice of Pratik Ghosh ( Filing fee $ 310, receipt number 0971-12801634.) filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Certificate/Proof of Service)(Ghosh, Pratik) (Filed on 10/29/2018) [Transferred from California Northern on 10/4/2019.]
October 26, 2018 Opinion or Order Filing 199 CLERK'S NOTICE REGARDING HEARING RE: Joint Statement for Resolution re Jurisdictional Discovery #178 . The Court grants the pending requests for counsel to appear telephonically at the hearing set for 10/31 at 01:00 PM. Due to the number of counsel appearing telephonically, the Court will provide a conference call number. Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to obtain the dial-in information. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/26/2018) [Transferred from California Northern on 10/4/2019.]
October 24, 2018 Opinion or Order Filing 198 MOTION to Appear by Telephone at Hearing on Joint Statement for Resolution re Jurisdictional Discovery filed by Ambac Assurance Corporation. (Attachments: #1 Proposed Order)(Madison, Steven) (Filed on 10/24/2018) [Transferred from California Northern on 10/4/2019.]
October 24, 2018 Opinion or Order Filing 197 MOTION to Appear by Telephone at Hearing on the Joint Statement for Resolution re Jurisdictional Discovery filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Proposed Order)(Balber, Scott) (Filed on 10/24/2018) [Transferred from California Northern on 10/4/2019.]
October 24, 2018 Opinion or Order Filing 196 ADMINISTRATIVE MOTION to Appear by Telephone Stipulated Administrative Motion for Leave to Appear by Telephone at Discovery Hearing filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. Responses due by 10/31/2018. (Attachments: #1 Proposed Order)(Rose, Joseph) (Filed on 10/24/2018) [Transferred from California Northern on 10/4/2019.]
October 23, 2018 Opinion or Order Filing 195 CLERK'S NOTICE SETTING HEARING RE: Joint Discovery Letter Brief #191 . Motion Hearing set for 10/31/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/23/2018) [Transferred from California Northern on 10/4/2019.]
October 23, 2018 Opinion or Order Filing 194 ORDER GRANTING Motion to Appear by Telephone at Hearing on the Joint Statement for Resolution re Jurisdictional Discovery filed by Plaintiffs #192 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance and be available beginning at 01:00 PM until called by the Court. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/23/2018) [Transferred from California Northern on 10/4/2019.]
October 23, 2018 Opinion or Order Filing 193 ORDER GRANTING MOTION to Appear by Telephone at Hearing on the Joint Statement for Resolution re Jurisdictional Discovery filed by Chetan Marfatia #188 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance and be available beginning at 01:00 PM until called by the Court. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/23/2018) [Transferred from California Northern on 10/4/2019.]
October 23, 2018 Opinion or Order Filing 192 MOTION to Appear by Telephone at Hearing on the Joint Statement for Resolution re Jurisdictional Discovery filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Proposed Order)(Welch, Donna) (Filed on 10/23/2018) [Transferred from California Northern on 10/4/2019.]
October 19, 2018 Opinion or Order Filing 191 Letter Brief Joint Statement for Resolution re Jurisdictional Discovery filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 10/19/2018) [Transferred from California Northern on 10/4/2019.]
October 17, 2018 Opinion or Order Filing 190 ORDER GRANTING #187 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re: attorney Benjamin T. Kurtz). Signed by Judge Beth Labson Freeman on 10/17/2018.(blflc1S, COURT STAFF) (Filed on 10/17/2018) [Transferred from California Northern on 10/4/2019.]
October 17, 2018 Opinion or Order Filing 189 ORDER GRANTING #186 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Yates M. French). Signed by Judge Beth Labson Freeman on 10/17/2018.(blflc1S, COURT STAFF) (Filed on 10/17/2018) [Transferred from California Northern on 10/4/2019.]
October 17, 2018 Opinion or Order Filing 188 MOTION to Appear by Telephone at Hearing on the Joint Statement for Resolution re Jurisdictional Discovery filed by Chetan Marfatia. (Attachments: #1 Proposed Order)(Goldberg, David) (Filed on 10/17/2018) [Transferred from California Northern on 10/4/2019.]
October 16, 2018 Opinion or Order Filing 187 MOTION for leave to appear in Pro Hac Vice of Benjamin Kurtz ( Filing fee $ 310, receipt number 0971-12766611.) filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Certificate/Proof of Service)(Kurtz, Benjamin) (Filed on 10/16/2018) [Transferred from California Northern on 10/4/2019.]
October 16, 2018 Opinion or Order Filing 186 MOTION for leave to appear in Pro Hac Vice of Yates French ( Filing fee $ 310, receipt number 0971-12766492.) filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Certificate/Proof of Service)(French, Yates) (Filed on 10/16/2018) [Transferred from California Northern on 10/4/2019.]
October 15, 2018 Opinion or Order Filing 185 ORDER GRANTING #179 PLAINTIFFS' SECOND MOTION TO EXTEND TIME TO FILE SECOND AMENDED COMPLAINT PURSUANT TO LOCAL RULE 6-3. Amended Pleading due by 11/16/2018. Signed by Judge Beth Labson Freeman on 10/15/2018. (blflc1S, COURT STAFF) (Filed on 10/15/2018) [Transferred from California Northern on 10/4/2019.]
October 12, 2018 Opinion or Order Filing 184 Statement of Non-Opposition re #179 Second MOTION for Extension of Time to Amend Second Amended Complaint filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Related document(s) #179 ) (Balber, Scott) (Filed on 10/12/2018) [Transferred from California Northern on 10/4/2019.]
October 12, 2018 Opinion or Order Filing 183 Statement of Non-Opposition re #179 Second MOTION for Extension of Time to Amend Second Amended Complaint filed byChetan Marfatia. (Related document(s) #179 ) (Goldberg, David) (Filed on 10/12/2018) [Transferred from California Northern on 10/4/2019.]
October 12, 2018 Opinion or Order Filing 182 Statement of Non-Opposition re #179 Second MOTION for Extension of Time to Amend Second Amended Complaint filed byAmbac Assurance Corporation. (Related document(s) #179 ) (Madison, Steven) (Filed on 10/12/2018) [Transferred from California Northern on 10/4/2019.]
October 9, 2018 Opinion or Order Filing 181 ORDER DENYING #164 DEFENDANTS' MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE. Signed by Judge Beth Labson Freeman on 10/9/2018.(blflc1S, COURT STAFF) (Filed on 10/9/2018) [Transferred from California Northern on 10/4/2019.]
October 9, 2018 Opinion or Order Filing 180 CLERK'S NOTICE SETTING HEARING RE: Joint Statement for Resolution re Jurisdictional Discovery #178 . Motion Hearing set for 10/31/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/9/2018) [Transferred from California Northern on 10/4/2019.]
October 8, 2018 Opinion or Order Filing 179 Second MOTION for Extension of Time to Amend Second Amended Complaint filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration D. Welch, #2 Exhibit 01, #3 Proposed Order)(Welch, Donna) (Filed on 10/8/2018) [Transferred from California Northern on 10/4/2019.]
October 5, 2018 Opinion or Order Filing 178 Letter Brief Joint Statement for Resolution re Jurisdictional Discovery filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 10/5/2018) [Transferred from California Northern on 10/4/2019.]
September 25, 2018 Opinion or Order Filing 177 REPLY (re #164 MOTION Relief From Non-Dispositive Pretrial Order of Magistrate Judge re #158 Motion Hearing,,,, Order on Discovery Letter Brief,,, ) filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 9/25/2018) [Transferred from California Northern on 10/4/2019.]
September 18, 2018 Opinion or Order Filing 176 OPPOSITION/RESPONSE (re #164 MOTION Relief From Non-Dispositive Pretrial Order of Magistrate Judge re #158 Motion Hearing,,,, Order on Discovery Letter Brief,,, ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 9/18/2018) [Transferred from California Northern on 10/4/2019.]
September 17, 2018 Opinion or Order Filing 175 AMENDED ORDER SETTING BRIEFING SCHEDULE RE #164 DEFENDANTS' MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF A MAGISTRATE JUDGE (correcting #169 ). Signed by Judge Beth Labson Freeman on 9/17/2018. (blflc1S, COURT STAFF) (Filed on 9/17/2018) [Transferred from California Northern on 10/4/2019.]
September 17, 2018 Opinion or Order Filing 174 Order denying #172 Discovery Letter Brief as moot, entered by Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 10/4/2019.]
September 17, 2018 Opinion or Order Filing 173 Order denying #165 Discovery Letter Brief, for insufficient meet and confer under Civil Local Rule 1-5(n), entered by Judge Nathanael M. Cousins. The denial is without prejudice to a new filing after (1) proper meet and confer; and (2) ruling by trial judge on pending objection to discovery order. (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 10/4/2019.]
September 14, 2018 Opinion or Order Filing 172 Joint Discovery Letter Brief filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 9/14/2018) [Transferred from California Northern on 10/4/2019.]
September 13, 2018 Opinion or Order Filing 171 PDF with attached Audio File. Court Date & Time [ 8/29/2018 1:47:15 PM ]. File Size [ 17040 KB ]. Run Time [ 00:35:30 ]. (courtspeak). [Transferred from California Northern on 10/4/2019.]
September 11, 2018 Opinion or Order Filing 170 ORDER GRANTING #163 PLAINTIFFS' MOTION TO EXTEND TIME TO FILE SECOND AMENDED COMPLAINT PURSUANT TO LOCAL RULE 6-3. Amended Pleading due by 10/17/2018. Signed by Judge Beth Labson Freeman on 9/11/2018. (blflc1S, COURT STAFF) (Filed on 9/11/2018) [Transferred from California Northern on 10/4/2019.]
September 11, 2018 Opinion or Order Filing 169 *** PLEASE SEE #175 FOR AMENDED ORDER *** ORDER SETTING BRIEFING SCHEDULE RE #164 PLAINTIFFS' MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF A MAGISTRATE JUDGE. Responses due by 9/18/2018. Replies due by 9/25/2018. Signed by Judge Beth Labson Freeman on 9/11/2018. (blflc1S, COURT STAFF) (Filed on 9/11/2018) Modified on 9/17/2018 (blflc1S, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
September 10, 2018 Opinion or Order Filing 168 CLERK'S NOTICE SETTING HEARING RE: Joint Discovery Letter Brief #165 . Motion Hearing set for 9/26/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/10/2018) [Transferred from California Northern on 10/4/2019.]
September 10, 2018 Opinion or Order Filing 167 Statement of Non-Opposition re #163 First MOTION for Extension of Time to Amend First Amended Complaint filed byAnnandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. (Related document(s) #163 ) (Dunn, Robert) (Filed on 9/10/2018) [Transferred from California Northern on 10/4/2019.]
September 10, 2018 Opinion or Order Filing 166 Statement of Non-Opposition re #163 First MOTION for Extension of Time to Amend First Amended Complaint filed byAmbac Assurance Corporation. (Related document(s) #163 ) (Madison, Steven) (Filed on 9/10/2018) [Transferred from California Northern on 10/4/2019.]
September 10, 2018 Opinion or Order Filing 165 Joint Discovery Letter Brief filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 9/10/2018) [Transferred from California Northern on 10/4/2019.]
September 5, 2018 Opinion or Order Filing 164 MOTION Relief From Non-Dispositive Pretrial Order of Magistrate Judge re #158 Motion Hearing,,,, Order on Discovery Letter Brief,,, filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. Responses due by 9/19/2018. (Attachments: #1 Proposed Order)(Balber, Scott) (Filed on 9/5/2018) [Transferred from California Northern on 10/4/2019.]
September 4, 2018 Opinion or Order Filing 163 First MOTION for Extension of Time to Amend First Amended Complaint filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of D. Welch, #2 Exhibit 1, #3 Proposed Order)(Welch, Donna) (Filed on 9/4/2018) [Transferred from California Northern on 10/4/2019.]
August 31, 2018 Opinion or Order Filing 162 Transcript of Proceedings held on August 29, 2018, before Judge Nathanael M. Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #160 Transcript Order, #161 Transcript Order, #159 Transcript Order,,, ) Redaction Request due 9/21/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/29/2018. (Related documents(s) #160 , #161 , #159 ) (Columbini, Joan) (Filed on 8/31/2018) [Transferred from California Northern on 10/4/2019.]
August 31, 2018 Opinion or Order Filing 161 TRANSCRIPT ORDER for proceedings held on 08/29/2018 before Judge Nathanael M. Cousins by Ambac Assurance Corporation, for Court Reporter FTR - San Jose. (Mills, Thomas) (Filed on 8/31/2018) (TRANSCRIBER: JOAN COLUMBINI) (Modified on 8/31/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
August 30, 2018 Opinion or Order Filing 160 TRANSCRIPT ORDER for proceedings held on August 29, 2018 before Judge Nathanael M. Cousins by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter FTR - San Jose. (Balber, Scott) (Filed on 8/30/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 8/30/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
August 30, 2018 Opinion or Order Filing 159 TRANSCRIPT ORDER for proceedings held on 08/29/2018 before Judge Nathanael M. Cousins by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter FTR - San Jose. (Welch, Donna) (Filed on 8/30/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 8/30/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
August 29, 2018 Opinion or Order Filing 158 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re Discovery Letter Brief #148 held on 8/29/2018: Defendants' motion for a protective order staying discovery denied for lack of good cause shown. Attorneys for Plaintiffs: Jeffrey Willian, Donna Welch. Attorneys for Defendant Ambac Assurance: Steven Madison, Thomas Mills, Rachel Epstein. Attorneys for Defendant Chetan Marfatia: David Goldberg, Zachary Denver. Attorneys for Defendants Jefferies LLC, et al: John ODonnell, Scott Balber. Attorneys for Annandale & Danny Ray: Anne Marie Chapman, Justin Raphael, Robert Dunn. (FTR Time: 1:47pm 2:22pm.) Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 8/29/2018) [Transferred from California Northern on 10/4/2019.]
August 28, 2018 Opinion or Order Filing 157 CLERK'S NOTICE RESETTING HEARING RE: Discovery Letter Brief #148 to 01:30 PM on 8/29/2018 before Magistrate Judge Cousins. Counsel were previously granted permission to participate by telephone. The Court will provide call-in information to counsel via email. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/28/2018). [Transferred from California Northern on 10/4/2019.]
August 24, 2018 Opinion or Order Filing 156 MOTION to Appear by Telephone at Hearing on the Discovery Letter Brief filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Proposed Order)(Balber, Scott) (Filed on 8/24/2018). [Transferred from California Northern on 10/4/2019.]
August 24, 2018 Opinion or Order Filing 155 ORDER GRANTING Motion to Appear by Telephone at Hearing on Discovery Letter Brief filed by Ambac Assurance Corporation #154 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/24/2018) [Transferred from California Northern on 10/4/2019.]
August 24, 2018 Opinion or Order Filing 154 MOTION to Appear by Telephone Stipulated Administrative Motion For Leave to Appear by Telephone at Hearing on Discovery Letter Brief filed by Ambac Assurance Corporation. (Attachments: #1 Proposed Order)(Madison, Steven) (Filed on 8/24/2018) [Transferred from California Northern on 10/4/2019.]
August 23, 2018 Opinion or Order Filing 153 ORDER GRANTING Motion to Appear by Telephone filed by Danny Ray and Annandale Plantation Defendants #151 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/23/2018) [Transferred from California Northern on 10/4/2019.]
August 23, 2018 Opinion or Order Filing 152 ORDER GRANTING Motion to Appear by Telephone filed by Defendant Chetan Marfatia #150 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/23/2018) [Transferred from California Northern on 10/4/2019.]
August 23, 2018 Opinion or Order Filing 151 MOTION to Appear by Telephone Stipulated Administrative Motion for Leave to Appear by Telephone at Discovery Hearing filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. (Attachments: #1 Proposed Order)(Henrick, Stephen) (Filed on 8/23/2018) [Transferred from California Northern on 10/4/2019.]
August 23, 2018 Opinion or Order Filing 150 MOTION to Appear by Telephone at Hearing on the Discovery Letter Brief filed by Chetan Marfatia. (Attachments: #1 Proposed Order)(Goldberg, David) (Filed on 8/23/2018) [Transferred from California Northern on 10/4/2019.]
August 22, 2018 Opinion or Order Filing 149 CLERK'S NOTICE SETTING HEARING RE: Discovery Letter Brief #148 . Motion Hearing set for 8/29/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/22/2018) [Transferred from California Northern on 10/4/2019.]
August 21, 2018 Opinion or Order Filing 148 Discovery Letter Brief filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 8/21/2018) [Transferred from California Northern on 10/4/2019.]
July 17, 2018 Opinion or Order Filing 147 ORDER RE #62 , #63 , #64 , #66 , #71 MOTIONS TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT. Amended Pleading due by 9/17/2018. Signed by Judge Beth Labson Freeman on 7/17/2018. (blflc1S, COURT STAFF) (Filed on 7/17/2018) [Transferred from California Northern on 10/4/2019.]
July 17, 2018 Opinion or Order Filing 146 ADR Remark: ADR Phone Conference held on 7/16/2018 by Tamara Lange. (cmf, COURT STAFF) (Filed on 7/17/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 10/4/2019.]
July 11, 2018 Opinion or Order Filing 145 ADR Remark: The ADR Phone Conference that was scheduled on July 10, 2018, has been RESCHEDULED to July 16, 2018, at 3:00 PM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 7/11/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 10/4/2019.]
April 27, 2018 Opinion or Order Filing 144 TRANSCRIPT ORDER for proceedings held on 4/12/2018 before Judge Beth Labson Freeman by Chetan Marfatia, for Court Reporter Summer Fisher. (Goldberg, David) (Filed on 4/27/2018) [Transferred from California Northern on 10/4/2019.]
April 13, 2018 Opinion or Order Filing 143 Transcript of Proceedings held on 04/12/2018, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #138 Transcript Order,, ) Release of Transcript Restriction set for 7/12/2018. (Related documents(s) #138 ) (Fisher, Summer) (Filed on 4/13/2018) [Transferred from California Northern on 10/4/2019.]
April 13, 2018 Opinion or Order Filing 142 TRANSCRIPT ORDER for proceedings held on 04/12/2018 before Judge Beth Labson Freeman by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter Summer Fisher. (Balber, Scott) (Filed on 4/13/2018) [Transferred from California Northern on 10/4/2019.]
April 13, 2018 Opinion or Order Filing 141 TRANSCRIPT ORDER for proceedings held on 04/12/2018 before Judge Beth Labson Freeman by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter Summer Fisher. (Balber, Scott) (Filed on 4/13/2018) [Transferred from California Northern on 10/4/2019.]
April 13, 2018 Opinion or Order Filing 140 TRANSCRIPT ORDER for proceedings held on 4/12/2018 before Judge Beth Labson Freeman by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter Summer Fisher. (Welch, Donna) (Filed on 4/13/2018) [Transferred from California Northern on 10/4/2019.]
April 13, 2018 Opinion or Order Filing 139 TRANSCRIPT ORDER for proceedings held on 4/12/2018 before Judge Beth Labson Freeman by Ambac Assurance Corporation, for Court Reporter Summer Fisher. (Mills, Thomas) (Filed on 4/13/2018) [Transferred from California Northern on 10/4/2019.]
April 13, 2018 Opinion or Order Filing 138 TRANSCRIPT ORDER for proceedings held on 4/12/2018 before Judge Beth Labson Freeman by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter Summer Fisher. (Welch, Donna) (Filed on 4/13/2018) [Transferred from California Northern on 10/4/2019.]
April 12, 2018 Opinion or Order Filing 137 Minute Entry for proceedings held before Judge Beth Labson Freeman: Further Case Management Conference held on 4/12/2018.Total Time in Court: 9 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Jeffrey Willian, Donna Welch. Defendant Attorney: Scott Balber, John O'Donnell, Steven Madison, David Goldberg, Anne Champion, Scott Mills, Stephen Henrick, Robert Dunn, Amer Ahmed, Blanca Young, Yonaton Rosenzweig. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 4/12/2018) [Transferred from California Northern on 10/4/2019.]
April 12, 2018 Opinion or Order Filing 136 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 4/12/2018. Total Time in Court: 1:51. Court Reporter: Summer Fisher. Plaintiff Attorney: Jeffrey Willian, Donna Welch. Defendant Attorney: Scott Balber, John O'Donnell, Steven Madison, David Goldberg, Anne Champion, Scott Mills, Stephen Henrick, Robert Dunn, Amer Ahmed, Blanca Young, Yonaton Rosenzweig. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 4/12/2018) [Transferred from California Northern on 10/4/2019.]
April 12, 2018 Opinion or Order Filing 135 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Nathanael Cousins on 4/12/2018. (lmh, COURT STAFF) (Filed on 4/12/2018) [Transferred from California Northern on 10/4/2019.]
April 11, 2018 Opinion or Order Filing 134 STIPULATION Re Protective Order for Standard Litigation filed by Ambac Assurance Corporation. (Attachments: #1 Exhibit 1)(Madison, Steven) (Filed on 4/11/2018) [Transferred from California Northern on 10/4/2019.]
April 9, 2018 Opinion or Order Filing 133 ORDER STRIKING #90 JEFFERIES DEFENDANTS' NOTICE OF JOINDER IN DEFENDANT AMBAC'S MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 4/9/2018. (blflc1S, COURT STAFF) (Filed on 4/9/2018) [Transferred from California Northern on 10/4/2019.]
April 5, 2018 Opinion or Order Filing 132 ORDER GRANTING #130 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 4/5/2018.(blflc1S, COURT STAFF) (Filed on 4/5/2018) [Transferred from California Northern on 10/4/2019.]
April 5, 2018 Opinion or Order Filing 131 JOINT CASE MANAGEMENT STATEMENT and Report filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 4/5/2018) [Transferred from California Northern on 10/4/2019.]
April 5, 2018 Opinion or Order Filing 130 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12249840.) filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Certificate of Good Standing)(O'Donnell, John) (Filed on 4/5/2018) [Transferred from California Northern on 10/4/2019.]
March 22, 2018 Opinion or Order Filing 129 ORDER GRANTING #128 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Rachel Epstein). Signed by Judge Beth Labson Freeman on 3/22/2018.(blflc1S, COURT STAFF) (Filed on 3/22/2018) [Transferred from California Northern on 10/4/2019.]
March 22, 2018 Opinion or Order Filing 128 MOTION for leave to appear in Pro Hac Vice of Rachel E. Epstein ( Filing fee $ 310, receipt number 0971-12210938.) Filing fee previously paid on 3/22/2018 filed by Ambac Assurance Corporation. (Attachments: #1 Exhibit Certificate of Good Standing)(Epstein, Rachel) (Filed on 3/22/2018) [Transferred from California Northern on 10/4/2019.]
March 20, 2018 Opinion or Order Filing 127 STIPULATED ORDER RE: Discovery of Electronically Stored Information for Standard Litigation. Signed by Judge Nathanael Cousins on 3/20/2018. (lmh, COURT STAFF) (Filed on 3/20/2018) [Transferred from California Northern on 10/4/2019.]
March 19, 2018 Opinion or Order Filing 126 STIPULATION Order re Discovery of Electronically Stored Information for Standard Litigation filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit A)(Welch, Donna) (Filed on 3/19/2018) [Transferred from California Northern on 10/4/2019.]
February 15, 2018 Opinion or Order Filing 125 ORDER GRANTING #124 STIPULATION REGARDING CASE DEADLINES AS MODIFIED BY COURT. Signed by Judge Beth Labson Freeman on 2/15/2018. (blflc4S, COURT STAFF) (Filed on 2/15/2018) [Transferred from California Northern on 10/4/2019.]
February 14, 2018 Opinion or Order Filing 124 STIPULATION WITH PROPOSED ORDER re #114 Order,,,, Set Deadlines/Hearings,,, filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Proposed Order Granting Stipulation Regarding Case Deadlines)(Welch, Donna) (Filed on 2/14/2018) [Transferred from California Northern on 10/4/2019.]
February 8, 2018 Opinion or Order Filing 123 ORDER GRANTING #122 STIPULATION REGARDING TIME FOR FILING STIPULATION ON CASE DEADLINES. Signed by Judge Beth Labson Freeman on 2/8/2018. (blflc4S, COURT STAFF) (Filed on 2/8/2018) [Transferred from California Northern on 10/4/2019.]
February 7, 2018 Opinion or Order Filing 122 STIPULATION WITH PROPOSED ORDER re #114 Order,,,, Set Deadlines/Hearings,,, filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of B. Kurtz, #2 Proposed Order)(Welch, Donna) (Filed on 2/7/2018) [Transferred from California Northern on 10/4/2019.]
January 26, 2018 Opinion or Order Filing 121 REPLY (re #64 MOTION to Dismiss Defendant Dan Ray's Notice of Motion and Motion to Dismiss the Amended Complaint ) Defendant Dan Ray's Reply in Support of Motion to Dismiss the Amended Complaint filed byDanny Ray. (Champion, Anne) (Filed on 1/26/2018) [Transferred from California Northern on 10/4/2019.]
January 26, 2018 Opinion or Order Filing 120 REPLY (re #66 MOTION to Dismiss Annandale Plantation, LLC Defendants' Notice of Motion and Motion to Dismiss the Amended Complaint ) Reply in Support of Annandale Plantation, LLC Defendants' Motion to Dismiss the Amended Complaint filed byAnnandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC). (Champion, Anne) (Filed on 1/26/2018) [Transferred from California Northern on 10/4/2019.]
January 26, 2018 Opinion or Order Filing 119 REPLY (re #71 MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint ) filed byAmbac Assurance Corporation. (Madison, Steven) (Filed on 1/26/2018) [Transferred from California Northern on 10/4/2019.]
January 26, 2018 Opinion or Order Filing 118 REPLY (re #62 MOTION to Dismiss First Amended Complaint ) filed byChetan Marfatia. (Goldberg, David) (Filed on 1/26/2018) [Transferred from California Northern on 10/4/2019.]
January 26, 2018 Opinion or Order Filing 117 REPLY (re #63 MOTION to Dismiss or in the Alternative, to Transfer Pursuant to 28 U.S.C. 1404 ) filed byJefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 1/26/2018) [Transferred from California Northern on 10/4/2019.]
January 23, 2018 Opinion or Order Filing 116 Transcript of Proceedings held on January 11, 2018, before Judge Beth L. Freeman. Transcriber Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #112 Transcript Order, ) Release of Transcript Restriction set for 4/23/2018. (Related documents(s) #112 ) (Skillman, Diane) (Filed on 1/23/2018) [Transferred from California Northern on 10/4/2019.]
January 19, 2018 Opinion or Order Filing 115 TRANSCRIPT ORDER for proceedings held on 1/11/2018 before Judge Beth Labson Freeman by Ambac Assurance Corporation, for Court Reporter FTR - San Jose. (Mills, Thomas) (Filed on 1/19/2018) (TRANSCTIBER: DIANE SKILLMAN( Modified on 1/19/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
January 17, 2018 Opinion or Order Filing 113 TRANSCRIPT ORDER for proceedings held on 01/11/2018 before Judge Beth Labson Freeman by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter Summer Fisher. (Welch, Donna) (Filed on 1/17/2018) [Transferred from California Northern on 10/4/2019.]
January 17, 2018 Opinion or Order Filing 112 TRANSCRIPT ORDER for proceedings held on January 11, 2018 before Judge Beth Labson Freeman by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter FTR - San Jose. (Balber, Scott) (Filed on 1/17/2018)(TRANSCRIBER: DIANE SKILLMAN) Modified on 1/17/2018 (lmh, COURT STAFF). [Transferred from California Northern on 10/4/2019.]
January 11, 2018 Opinion or Order Filing 114 CASE MANAGEMENT ORDER re 111 Case Management Conference - Initial. Case Management Statement due by 4/5/2018. Further Case Management Conference set for 4/12/2018 11:00 AM. Last Day to Hear Dispositive Motions set for 2/25/2021 09:00 AM. Final Pretrial Conference set for 6/17/2021 01:30 PM. Jury Selection set for 7/30/2021, 8/2/2021 09:00 AM. Jury Trial set for 8/2/2021, 8/3/2021, 8/4/2021, 8/5/2021, 8/6/2021, 8/9/2021, 8/10/2021, 8/11/2021, 8/12/2021, 8/13/2021, 8/16/2021, 8/17/2021 8/18/2021, 8/19/2021, 8/20/2021, 8/23/2021, 8/24/2021, 8/25/2021, 8/26/2021, 8/27/2021, 8/30/2021, 8/31/2021, 9/1/2021, 9/2/2021, 9/3/2021 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman.Signed by Judge Beth Labson Freeman on 1/11/2018. (tshS, COURT STAFF) (Filed on 1/11/2018) [Transferred from California Northern on 10/4/2019.]
January 11, 2018 Opinion or Order Filing 111 Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 1/11/2018.FTR Time: 11:17 - 12:00. Plaintiff Attorney: Donna Welch, Jeffrey William. Defendant Attorney: Scott Balber, Justin Raphael, Steven Madison, David Goldberg, T. Scott Mills, Stephen Henrick, Amer Ahmed, Anne Champion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 1/11/2018) [Transferred from California Northern on 10/4/2019.]
January 10, 2018 Opinion or Order Filing 110 ADR Remark: ADR Phone Conference held on 1/10/2018 by Tamara Lange. A further ADR Phone Conference is scheduled for 7/10/2018 at 10:00 a.m. Pacific time. The call-in information remains the same. (ewh, COURT STAFF) (Filed on 1/10/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 10/4/2019.]
January 7, 2018 Opinion or Order Filing 109 JOINT CASE MANAGEMENT STATEMENT and Report Pursuant to Federal Rule of Procedure 26(F) filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 1/7/2018) [Transferred from California Northern on 10/4/2019.]
January 2, 2018 Opinion or Order Filing 108 ORDER DENYING #39 MOTION TO TRANSFER VENUE TO THE SOUTHERN DISTRICT OF NEW YORK. Signed by Judge Beth Labson Freeman on 1/2/2018. (blflc4S, COURT STAFF) (Filed on 1/2/2018) [Transferred from California Northern on 10/4/2019.]
December 22, 2017 Opinion or Order Filing 107 ORDER GRANTING #104 STIPULATION RE PARTIES' FILING OF JOINT CASE MANAGEMENT STATEMENT. Signed by Judge Beth Labson Freeman on 12/22/2017. (blflc4S, COURT STAFF) (Filed on 12/22/2017) [Transferred from California Northern on 10/4/2019.]
December 22, 2017 Opinion or Order Filing 106 ADR Clerk's Notice Setting ADR Phone Conference on January 10, 2018 at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 12/22/2017) [Transferred from California Northern on 10/4/2019.]
December 21, 2017 Opinion or Order Filing 105 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Chetan Marfatia (Goldberg, David) (Filed on 12/21/2017) [Transferred from California Northern on 10/4/2019.]
December 21, 2017 Opinion or Order Filing 104 STIPULATION WITH PROPOSED ORDER re Parties' Filing of a Joint Case Management Statement filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration Donna M. Welch)(Welch, Donna) (Filed on 12/21/2017) [Transferred from California Northern on 10/4/2019.]
December 21, 2017 Opinion or Order Filing 103 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of all Jefferies Defendants (Balber, Scott) (Filed on 12/21/2017) [Transferred from California Northern on 10/4/2019.]
December 21, 2017 Opinion or Order Filing 102 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Ambac Assurance Corporation (Madison, Steven) (Filed on 12/21/2017) [Transferred from California Northern on 10/4/2019.]
December 21, 2017 Opinion or Order Filing 101 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Attachments: #1 Signature Page (Declarations/Stipulations) Attachment 1)(Madison, Steven) (Filed on 12/21/2017) [Transferred from California Northern on 10/4/2019.]
December 21, 2017 Opinion or Order Filing 100 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options all Plaintiffs (Welch, Donna) (Filed on 12/21/2017) [Transferred from California Northern on 10/4/2019.]
December 15, 2017 Opinion or Order Filing 99 OPPOSITION/RESPONSE (re #63 MOTION to Dismiss or in the Alternative, to Transfer Pursuant to 28 U.S.C. 1404 ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Welch, Donna) (Filed on 12/15/2017) [Transferred from California Northern on 10/4/2019.]
December 15, 2017 Opinion or Order Filing 98 OPPOSITION/RESPONSE (re #62 MOTION to Dismiss First Amended Complaint ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 12/15/2017) [Transferred from California Northern on 10/4/2019.]
December 15, 2017 Opinion or Order Filing 97 OPPOSITION/RESPONSE (re #64 MOTION to Dismiss Defendant Dan Ray's Notice of Motion and Motion to Dismiss the Amended Complaint ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 12/15/2017) [Transferred from California Northern on 10/4/2019.]
December 15, 2017 Opinion or Order Filing 96 OPPOSITION/RESPONSE (re #71 MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 12/15/2017)[Transferred from California Northern on 10/4/2019.]
December 15, 2017 Opinion or Order Filing 95 OPPOSITION/RESPONSE (re #66 MOTION to Dismiss Annandale Plantation, LLC Defendants' Notice of Motion and Motion to Dismiss the Amended Complaint ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Welch, Donna) (Filed on 12/15/2017) [Transferred from California Northern on 10/4/2019.]
December 14, 2017 Opinion or Order Filing 94 NOTICE of Change In Counsel by Michael Phillip Esser (Esser, Michael) (Filed on 12/14/2017) [Transferred from California Northern on 10/4/2019.]
December 11, 2017 Opinion or Order Filing 93 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (filed on behalf of Defendants Dan Ray, Annandale Plantation LLC and Annandale Plantation LLC) (Henrick, Stephen) (Filed on 12/11/2017) [Transferred from California Northern on 10/4/2019.]
December 11, 2017 Opinion or Order Filing 92 OPPOSITION/RESPONSE (re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of D. Welch, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 2)(Welch, Donna) (Filed on 12/11/2017) [Transferred from California Northern on 10/4/2019.]
December 7, 2017 Opinion or Order Filing 91 NOTICE by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc. re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York (LeMoine, Melinda) (Filed on 12/7/2017) [Transferred from California Northern on 10/4/2019.]
December 7, 2017 Opinion or Order Filing 90 NOTICE by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc. re #71 MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint (LeMoine, Melinda) (Filed on 12/7/2017) [Transferred from California Northern on 10/4/2019.]
December 6, 2017 Opinion or Order Filing 89 Declaration of Noah S. Helpern in Support of #88 Supplemental Brief filed byAmbac Assurance Corporation. (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)(Related document(s) #88 ) (Helpern, Noah) (Filed on 12/6/2017) [Transferred from California Northern on 10/4/2019.]
December 6, 2017 Opinion or Order Filing 88 Supplemental Brief re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York filed byAmbac Assurance Corporation. (Related document(s) #39 ) (Madison, Steven) (Filed on 12/6/2017) [Transferred from California Northern on 10/4/2019.]
December 4, 2017 Opinion or Order Filing 87 TRANSCRIPT ORDER for proceedings held on 11/30/2017 before Judge Beth Labson Freeman by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc., for Court Reporter Summer Fisher. (Balber, Scott) (Filed on 12/4/2017) [Transferred from California Northern on 10/4/2019.]
December 1, 2017 Opinion or Order Filing 86 Transcript of Proceedings held on 11/30/2017, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #85 Transcript Order,, ) Release of Transcript Restriction set for 3/1/2018. (Related documents(s) #85 ) (Fisher, Summer) (Filed on 12/1/2017) [Transferred from California Northern on 10/4/2019.]
December 1, 2017 Opinion or Order Filing 85 TRANSCRIPT ORDER for proceedings held on 11/30/17 before Judge Beth Labson Freeman by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP, for Court Reporter Summer Fisher. (Welch, Donna) (Filed on 12/1/2017) [Transferred from California Northern on 10/4/2019.]
November 30, 2017 Opinion or Order Filing 84 TRANSCRIPT ORDER for proceedings held on 11/30/2017 before Judge Beth Labson Freeman by Ambac Assurance Corporation, for Court Reporter Summer Fisher. (Mills, Thomas) (Filed on 11/30/2017) [Transferred from California Northern on 10/4/2019.]
November 30, 2017 Opinion or Order Filing 83 ORDER RE: SUPPLEMENTAL BRIEFING REGARDING #39 MOTION TO TRANSFER. Signed by Judge Beth Labson Freeman on 11/30/2017. (blflc4S, COURT STAFF) (Filed on 11/30/2017) [Transferred from California Northern on 10/4/2019.]
November 30, 2017 Opinion or Order Filing 82 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 11/30/2017 re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York filed by Ambac Assurance Corporation. Total Time in Court: 41 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Jeffrey Willian, Donna Welch. Defendant Attorney: Robert Dunn, Noah Helpern, Steven Madison, Justin Raphael, Scott Balber, Anne Champion, David Goldberg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 11/30/2017) [Transferred from California Northern on 10/4/2019.]
November 29, 2017 Opinion or Order Filing 81 NOTICE of Appearance by Justin Paul Raphael (Raphael, Justin) (Filed on 11/29/2017) [Transferred from California Northern on 10/4/2019.]
November 28, 2017 Opinion or Order Filing 80 Certificate of Interested Entities by Chetan Marfatia (Goldberg, David) (Filed on 11/28/2017) [Transferred from California Northern on 10/4/2019.]
November 17, 2017 Opinion or Order Filing 79 ORDER GRANTING #77 MOTION TO APPEAR BY TELEPHONE. Signed by Judge Beth Labson Freeman on 11/17/2017. (blflc4S, COURT STAFF) (Filed on 11/17/2017) [Transferred from California Northern on 10/4/2019.]
November 17, 2017 Opinion or Order Filing 78 ORDER GRANTING #76 STIPULATION REGARDING TIME FOR FILING RESPONSES AND REPLIES ON MOTIONS TO DISMISS. Signed by Judge Beth Labson Freeman on 11/17/2017. (blflc4S, COURT STAFF) (Filed on 11/17/2017) [Transferred from California Northern on 10/4/2019.]
November 16, 2017 Opinion or Order Filing 77 MOTION to Appear by Telephone at Hearing on Motion to Transfer filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. (Attachments: #1 Proposed Order)(Champion, Anne) (Filed on 11/16/2017) [Transferred from California Northern on 10/4/2019.]
November 16, 2017 Opinion or Order Filing 76 STIPULATION WITH PROPOSED ORDER re #63 MOTION to Dismiss or in the Alternative, to Transfer Pursuant to 28 U.S.C. 1404, #66 MOTION to Dismiss Annandale Plantation, LLC Defendants' Notice of Motion and Motion to Dismiss the Amended Complaint, #71 MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint, #64 MOTION to Dismiss Defendant Dan Ray's Notice of Motion and Motion to Dismiss the Amended Complaint, #62 MOTION to Dismiss First Amended Complaint filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of B. Kurtz, #2 Proposed Order)(Welch, Donna) (Filed on 11/16/2017) [Transferred from California Northern on 10/4/2019.]
November 14, 2017 Opinion or Order Filing 75 ORDER GRANTING #65 MOTION TO APPEAR BY TELEPHONE AT HEARING ON MOTION TO TRANSFER. Signed by Judge Beth Labson Freeman on 11/14/2017. (blflc4S, COURT STAFF) (Filed on 11/14/2017) [Transferred from California Northern on 10/4/2019.]
November 14, 2017 Opinion or Order Filing 74 Statement Rule 7.1 Corporate Disclosure Statement by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 11/14/2017) [Transferred from California Northern on 10/4/2019.]
November 14, 2017 Opinion or Order Filing 73 Statement Civil L.R. 3-15 Disclosure Statement by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 11/14/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 72 Request for Judicial Notice In Support of Ambac Assurance Corporation's Motion to Dismiss First Amended Complaint filed byAmbac Assurance Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Madison, Steven) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 71 MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint filed by Ambac Assurance Corporation. Motion Hearing set for 4/12/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 11/27/2017. Replies due by 12/4/2017. (Attachments: #1 Proposed Order)(Madison, Steven) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 70 Statement Corporate Disclosure by Annandale Plantation, LLC(A South Carolina LLC). (Champion, Anne) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 69 Statement Corporate Disclosure by Annandale Plantation, LLC(A Colorado LLC). (Champion, Anne) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 68 Certificate of Interested Entities by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray (Champion, Anne) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 67 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray.. (Champion, Anne) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 66 MOTION to Dismiss Annandale Plantation, LLC Defendants' Notice of Motion and Motion to Dismiss the Amended Complaint filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC). Motion Hearing set for 4/12/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 11/27/2017. Replies due by 12/4/2017. (Attachments: #1 Proposed Order)(Champion, Anne) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 65 MOTION to Appear by Telephone at Hearing on Motion to Transfer to SDNY filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Balber, Scott) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 64 MOTION to Dismiss Defendant Dan Ray's Notice of Motion and Motion to Dismiss the Amended Complaint filed by Danny Ray. Motion Hearing set for 4/12/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 11/27/2017. Replies due by 12/4/2017. (Attachments: #1 Declaration of Dan Ray, #2 Proposed Order)(Champion, Anne) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 63 MOTION to Dismiss or in the Alternative, to Transfer Pursuant to 28 U.S.C. 1404 filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. Motion Hearing set for 4/12/2018 09:00 AM in Courtroom 7, 4th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 11/27/2017. Replies due by 12/4/2017. (Attachments: #1 Declaration of Scott Balber, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Proposed Order)(Balber, Scott) (Filed on 11/13/2017)[Transferred from California Northern on 10/4/2019.]
November 13, 2017 Opinion or Order Filing 62 MOTION to Dismiss First Amended Complaint filed by Chetan Marfatia. Motion Hearing set for 4/12/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 11/27/2017. Replies due by 12/4/2017. (Attachments: #1 Proposed Order)(Goldberg, David) (Filed on 11/13/2017) [Transferred from California Northern on 10/4/2019.]
October 31, 2017 Opinion or Order Filing 61 ORDER GRANTING #59 MOTION TO APPEAR BY TELEPHONE WITH MODIFICATIONS. Signed by Judge Beth Labson Freeman on 10/31/2017. (blflc4, COURT STAFF) (Filed on 10/31/2017) [Transferred from California Northern on 10/4/2019.]
October 27, 2017 Opinion or Order Filing 60 AMENDED COMPLAINT against All Defendants. Filed byPicerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC. (Welch, Donna) (Filed on 10/27/2017) [Transferred from California Northern on 10/4/2019.]
October 26, 2017 Opinion or Order Filing 59 MOTION to Appear by Telephone at Hearing on Motion to Transfer to Southern District of New York filed by Chetan Marfatia. (Attachments: #1 Proposed Order)(Rosenzweig, Yonaton) (Filed on 10/26/2017) [Transferred from California Northern on 10/4/2019.]
October 25, 2017 Opinion or Order Filing 58 ORDER DENYING #51 AMBAC ASSURANCE CORPORATION'S MOTION TO EXTEND TIME TO RESPOND TO COMPLAINT. Signed by Judge Beth Labson Freeman on 10/25/2017. (blflc4S, COURT STAFF) (Filed on 10/25/2017) [Transferred from California Northern on 10/4/2019.]
October 23, 2017 Opinion or Order Filing 57 OPPOSITION/RESPONSE (re #51 First MOTION for Extension of Time to File Response to Complaint ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration of D. Welch, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Exhibit 08)(Welch, Donna) (Filed on 10/23/2017) [Transferred from California Northern on 10/4/2019.]
October 23, 2017 Opinion or Order Filing 56 Joinder re #51 First MOTION for Extension of Time to File Response to Complaint by Chetan Marfatia. (Rosenzweig, Yonaton) (Filed on 10/23/2017) [Transferred from California Northern on 10/4/2019.]
October 20, 2017 Opinion or Order Filing 55 ORDER GRANTING #53 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 10/20/2017. (blflc4S, COURT STAFF) (Filed on 10/20/2017) [Transferred from California Northern on 10/4/2019.]
October 19, 2017 Opinion or Order Filing 54 OBJECTIONS to re #49 Reply to Opposition/Response, #50 Declaration in Support of Reply in Support of Ambac Assurance Corporation's Motion to Transfer Venue to the United States District Court for the Southern District of New York by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Willian, Jeffrey) (Filed on 10/19/2017) [Transferred from California Northern on 10/4/2019.]
October 19, 2017 Opinion or Order Filing 53 MOTION for leave to appear in Pro Hac Vice for David Lloyd Goldberg ( Filing fee $ 310, receipt number 0971-11810729.) filed by Chetan Marfatia. (Attachments: #1 Certificate of Good Standing)(Rosenzweig, Yonaton) (Filed on 10/19/2017) [Transferred from California Northern on 10/4/2019.]
October 18, 2017 Opinion or Order Filing 52 Declaration of Noah S. Helpern in Support of #51 First MOTION for Extension of Time to File Response to Complaint filed byAmbac Assurance Corporation. (Related document(s) #51 ) (Helpern, Noah) (Filed on 10/18/2017) [Transferred from California Northern on 10/4/2019.]
October 18, 2017 Opinion or Order Filing 51 First MOTION for Extension of Time to File Response to Complaint filed by Ambac Assurance Corporation. (Attachments: #1 Proposed Order)(Madison, Steven) (Filed on 10/18/2017) [Transferred from California Northern on 10/4/2019.]
October 12, 2017 Opinion or Order Filing 50 Declaration of Noah Helpern in Support of #49 Reply to Opposition/Response filed byAmbac Assurance Corporation. (Attachments: #1 Exhibit)(Related document(s) #49 ) (Helpern, Noah) (Filed on 10/12/2017) [Transferred from California Northern on 10/4/2019.]
October 12, 2017 Opinion or Order Filing 49 REPLY (re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York ) filed byAmbac Assurance Corporation. (Madison, Steven) (Filed on 10/12/2017) [Transferred from California Northern on 10/4/2019.]
October 5, 2017 Opinion or Order Filing 48 OPPOSITION/RESPONSE (re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York ) filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Welch, Donna) (Filed on 10/5/2017) [Transferred from California Northern on 10/4/2019.]
October 4, 2017 Opinion or Order Filing 47 Joinder re #42 Renotice motion hearing, #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York by Chetan Marfatia. (Rosenzweig, Yonaton) (Filed on 10/4/2017) [Transferred from California Northern on 10/4/2019.]
October 4, 2017 Opinion or Order Filing 46 NOTICE of Appearance by Yonaton M Rosenzweig for Defendant Chetan Marfatia (Rosenzweig, Yonaton) (Filed on 10/4/2017) [Transferred from California Northern on 10/4/2019.]
October 3, 2017 Opinion or Order Filing 45 Certificate of Interested Entities by Ambac Assurance Corporation identifying Corporate Parent Ambac Financial Group, Inc., Other Affiliate Dimensional Fund Advisors, L.P. for Ambac Assurance Corporation. (Mills, Thomas) (Filed on 10/3/2017) [Transferred from California Northern on 10/4/2019.]
October 3, 2017 Opinion or Order Filing 44 Statement re Corporate Disclosure Pursuant to FRCP 7.1 by Ambac Assurance Corporation. (Helpern, Noah) (Filed on 10/3/2017) [Transferred from California Northern on 10/4/2019.]
September 29, 2017 Opinion or Order Filing 43 NOTICE of Appearance by Robert Edward Dunn (Dunn, Robert) (Filed on 9/29/2017) [Transferred from California Northern on 10/4/2019.]
September 27, 2017 Opinion or Order Filing 42 Renotice motion hearing re #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York filed byAmbac Assurance Corporation. (Related document(s) #39 ) (Madison, Steven) (Filed on 9/27/2017) [Transferred from California Northern on 10/4/2019.]
September 27, 2017 Opinion or Order Set Hearing as to #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York. Motion Hearing set for 11/30/2017 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 9/27/2017) [Transferred from California Northern on 10/4/2019.]
September 22, 2017 Opinion or Order Filing 41 ORDER DENYING EMERGENCY DISCOVERY MOTION WITHOUT PREJUDICE. Re: Nos. #22 , #36 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/22/2017) [Transferred from California Northern on 10/4/2019.]
September 21, 2017 Opinion or Order Filing 40 Declaration of Gregory Mayer in Support of #39 MOTION to Transfer Case to the United States District Court for the Southern District of New York filed byAmbac Assurance Corporation. (Attachments: #1 Exhibit)(Related document(s) #39 ) (Madison, Steven) (Filed on 9/21/2017) [Transferred from California Northern on 10/4/2019.]
September 21, 2017 Opinion or Order Filing 39 MOTION to Transfer Case to the United States District Court for the Southern District of New York filed by Ambac Assurance Corporation. Responses due by 10/5/2017. Replies due by 10/12/2017. (Attachments: #1 Proposed Order)(Madison, Steven) (Filed on 9/21/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 38 ORDER GRANTING #33 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/20/2017. (blflc4, COURT STAFF) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 37 ORDER GRANTING #32 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/20/2017. (blflc4, COURT STAFF) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 36 Joint Discovery Letter Brief filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration Declaration of B. Kurtz Exhibits 1-17, #2 Declaration Declaration of A. Ahmed Exhibits 18-21, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Certificate/Proof of Service)(Welch, Donna) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 35 ORDER GRANTING #28 JOINT STIPULATION TO EXTEND TIME. Signed by Judge Beth Labson Freeman on 9/20/2017. (blflc4, COURT STAFF) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 34 ORDER GRANTING #31 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/20/2017. (blflc4, COURT STAFF) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 33 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11733338.) filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. (Attachments: #1 Exhibit Certificate of Good Standing)(Brodsky, Reed) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 20, 2017 Opinion or Order Filing 32 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11732119.) filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. (Attachments: #1 Exhibit Certificate of Good Standing)(Ahmed, Amer) (Filed on 9/20/2017) [Transferred from California Northern on 10/4/2019.]
September 19, 2017 Opinion or Order Filing 31 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11731126.) filed by Annandale Plantation, LLC(A South Carolina LLC), Annandale Plantation, LLC(A Colorado LLC), Danny Ray. (Attachments: #1 Exhibit Certificate of Good Standing)(Champion, Anne) (Filed on 9/19/2017) [Transferred from California Northern on 10/4/2019.]
September 19, 2017 Opinion or Order Filing 30 NOTICE of Appearance by Stephen William Henrick (Henrick, Stephen) (Filed on 9/19/2017) [Transferred from California Northern on 10/4/2019.]
September 19, 2017 Opinion or Order Filing 29 NOTICE of Appearance by Joseph Richard Rose (Rose, Joseph) (Filed on 9/19/2017) [Transferred from California Northern on 10/4/2019.]
September 19, 2017 Opinion or Order Filing 28 STIPULATION WITH PROPOSED ORDER Joint Stipulation To Extend Time Pursuant To Local Civil Rule 6-1(a) filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (LeMoine, Melinda) (Filed on 9/19/2017) [Transferred from California Northern on 10/4/2019.]
September 15, 2017 Opinion or Order Filing 27 ORDER GRANTING #26 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/15/2017. (blflc4, COURT STAFF) (Filed on 9/15/2017) [Transferred from California Northern on 10/4/2019.]
September 15, 2017 Opinion or Order Filing 26 MOTION for leave to appear in Pro Hac Vice of Scott S. Balber ( Filing fee $ 310, receipt number 0971-11720089.) filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit A)(Balber, Scott) (Filed on 9/15/2017) [Transferred from California Northern on 10/4/2019.]
September 14, 2017 Opinion or Order Filing 25 NOTICE of Appearance by Melinda Eades LeMoine (LeMoine, Melinda) (Filed on 9/14/2017) [Transferred from California Northern on 10/4/2019.]
September 14, 2017 Opinion or Order Filing 24 ORDER GRANTING #21 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/14/2017. (blflc4, COURT STAFF) (Filed on 9/14/2017) [Transferred from California Northern on 10/4/2019.]
September 14, 2017 Opinion or Order Filing 23 Discovery Letter Brief in Opposition to Plaintiffs' Letter Requesting Entry of a Preservation Order and Expedited Discovery filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (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 Certificate/Proof of Service Certificate of Service)(Abrahams, Emily) (Filed on 9/14/2017) [Transferred from California Northern on 10/4/2019.]
September 13, 2017 Opinion or Order Filing 22 Discovery Letter Brief filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Declaration Declaration of B. Kurtz, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Certificate/Proof of Service)(Welch, Donna) (Filed on 9/13/2017) [Transferred from California Northern on 10/4/2019.]
September 13, 2017 Opinion or Order Filing 21 MOTION for leave to appear in Pro Hac Vice of Emily Abrahams ( Filing fee $ 310, receipt number 0971-11711583.) filed by Jefferies & Company, Inc., Jefferies Group LLC, Jefferies LLC, Jefferies Mortgage Finance, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Abrahams, Emily) (Filed on 9/13/2017) [Transferred from California Northern on 10/4/2019.]
September 6, 2017 Opinion or Order Filing 19 ORDER DENYING EMERGENCY MOTION WITHOUT PREJUDICE. Re: Dkt. No. #17 . Signd by Judge Nathanael Cousins. (Attachments: #1 Standing Order)(lmh, COURT STAFF) (Filed on 9/6/2017) [Transferred from California Northern on 10/4/2019.]
September 5, 2017 Opinion or Order Filing 20 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 1/04/2018. Case Management Conference set for 1/11/2018 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tshS, COURT STAFF) (Filed on 9/5/2017) [Transferred from California Northern on 10/4/2019.]
September 5, 2017 Opinion or Order Filing 18 Declaration of Benjamin T. Kurtz in Support of #17 MOTION for Preservation Order to Prevent Further Spoliation of Documents and for Expedited Discovery filed byAETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit 1 - 30)(Related document(s) #17 ) (Esser, Michael) (Filed on 9/5/2017) [Transferred from California Northern on 10/4/2019.]
September 5, 2017 Opinion or Order Filing 17 MOTION for Preservation Order to Prevent Further Spoliation of Documents and for Expedited Discovery filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. Motion Hearing set for 1/4/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 9/19/2017. Replies due by 9/26/2017. (Attachments: #1 Proposed Order)(Esser, Michael) (Filed on 9/5/2017) [Transferred from California Northern on 10/4/2019.]
September 1, 2017 Opinion or Order Filing 16 ORDER GRANTING #7 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/1/2017. (blflc4, COURT STAFF) (Filed on 9/1/2017) [Transferred from California Northern on 10/4/2019.]
September 1, 2017 Opinion or Order Filing 15 ORDER GRANTING #8 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 9/1/2017. (blflc4, COURT STAFF) (Filed on 9/1/2017) [Transferred from California Northern on 10/4/2019.]
August 30, 2017 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 8/29/2017. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 8/30/2017) [Transferred from California Northern on 10/4/2019.]
August 29, 2017 Opinion or Order Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 8/29/2017) [Transferred from California Northern on 10/4/2019.]
August 29, 2017 Opinion or Order Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP.. (Esser, Michael) (Filed on 8/29/2017) [Transferred from California Northern on 10/4/2019.]
August 29, 2017 Opinion or Order Filing 11 Summons Issued as to All Defendants. (sfbS, COURT STAFF) (Filed on 8/29/2017) [Transferred from California Northern on 10/4/2019.]
August 29, 2017 Opinion or Order Filing 10 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/22/2017. Initial Case Management Conference set for 11/29/2017 10:00 AM in Courtroom 7, 4th Floor, San Jose. (sfbS, COURT STAFF) (Filed on 8/29/2017) [Transferred from California Northern on 10/4/2019.]
August 29, 2017 Opinion or Order Filing 9 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/12/2017. (jmlS, COURT STAFF) (Filed on 8/29/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 8 MOTION for leave to appear in Pro Hac Vice of Donna M. Welch ( Filing fee $ 310, receipt number 0971-11668631.) filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit Certificate of Good Standing)(Welch, Donna) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 7 MOTION for leave to appear in Pro Hac Vice of Jeffrey L. Willian ( Filing fee $ 310, receipt number 0971-11668597.) filed by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Attachments: #1 Exhibit Certificate of Good Standing)(Willian, Jeffrey) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 6 NOTICE of Appearance by Elizabeth L. Deeley (Deeley, Elizabeth) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 5 Statement Plaintiffs' Disclosure Statement Pursuant to FRCP 7.1 by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP. (Esser, Michael) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 4 Certificate of Interested Entities by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP per LR 3-15 (Esser, Michael) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 3 NOTICE by AETC Housing LP, AMC West Housing LP, Bragg Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Fort Leavenworth Frontier Heritage Communities, I, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Lackland Family Housing, LLC, Meade Communities LLC, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, Picerne-Fort Polk Funding, LLC, Riley Communities LLC, Rucker Communities, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Vandenberg Housing LP L.R. 3-13 Notice of Pendency of Other Actions (Esser, Michael) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 2 Proposed Summons. (Esser, Michael) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]
August 28, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-11668309.). Filed byPicerne-Fort Polk Funding, LLC, Fort Leavenworth Frontier Heritage Communities, II, LLC, Monterey Bay Land, LLC, Lackland Family Housing, LLC, Monterey Bay Military Housing, LLC, Vandenberg Housing LP, Stewart Hunter Housing LLC, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Meade Communities LLC, Bragg Communities LLC, Rucker Communities, LLC, AETC Housing LP, Sill Housing, LLC, Carlisle/Picatinny Family Housing LP, Fort Bliss/White Sands Missile Range Housing LP, Fort Detrick/Walter Reed Army Medical Center LLC, Riley Communities LLC. (Attachments: #1 Civil Cover Sheet)(Esser, Michael) (Filed on 8/28/2017) [Transferred from California Northern on 10/4/2019.]

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Search for this case: Monterey Bay Military Housing, LLC et al v. Ambac Assurance Corporation et al
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Defendant: Danny Ray
Represented By: Joseph Richard Rose
Represented By: Reed Brodsky
Represented By: Robert Edward Dunn
Represented By: Anne Marie Champion
Represented By: Amer S Ahmed
Represented By: Stephen William Henrick
Represented By: Reed Michael Brodsky
Represented By: Amer Shahid Ahmed
Represented By: Cullinan Williams
Represented By: Hannah Kirshner
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Defendant: Chetan Marfatia
Represented By: David L. Goldberg
Represented By: Zachary Denver
Represented By: Yonaton M Rosenzweig
Represented By: David L Goldberg
Represented By: Sean Akchin
Represented By: Brian Lee Muldrew
Represented By: Spencer Croat
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Defendant: AMBAC Assurance Corporation
Represented By: Rachel Elizabeth Epstein
Represented By: Steven Geoffrey Madison
Represented By: Noah Samuel Helpern
Represented By: Michael Barry Carlinsky
Represented By: Thomas Scott Mills, Jr
Represented By: Steven G. Madison
Represented By: Tenisha L Leone
Represented By: Daniel M. Kelly
Represented By: Isaac Nesser
Represented By: Jeremy Andrew Baldoni
Represented By: John Super
Represented By: Tai Hyun Park
Represented By: Taylor Lloyd Jones
Represented By: Michael A. Wittmann
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Defendant: Jefferies Mortgage Finance, Inc.
Represented By: Justin Paul Raphael
Represented By: Melinda Eades LeMoine
Represented By: Scott S. Balber
Represented By: Emily Abrahams
Represented By: John O'Donnell
Represented By: Scott Sonny Balber
Represented By: Michael Paul Jones
Represented By: Justin Raphael
Represented By: Barron Mcginnis Flood
Represented By: Christopher Emch
Represented By: Daniel Gomez
Represented By: John Jay O'Donnell, Jr
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Defendant: Jefferies Group LLC
Represented By: John O'Donnell
Represented By: Justin Paul Raphael
Represented By: Melinda Eades LeMoine
Represented By: Molly Priedeman
Represented By: Emily Abrahams
Represented By: Scott S. Balber
Represented By: Scott Sonny Balber
Represented By: Michael Paul Jones
Represented By: Justin Raphael
Represented By: Barron Mcginnis Flood
Represented By: Christopher Emch
Represented By: Daniel Gomez
Represented By: John Jay O'Donnell, Jr
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Defendant: Jefferies & Company Inc.
Represented By: John O'Donnell
Represented By: Justin Paul Raphael
Represented By: Melinda Eades LeMoine
Represented By: Emily Abrahams
Represented By: Scott S. Balber
Represented By: Scott Sonny Balber
Represented By: Michael Paul Jones
Represented By: Justin Raphael
Represented By: Barron Mcginnis Flood
Represented By: Christopher Emch
Represented By: Daniel Gomez
Represented By: John Jay O'Donnell, Jr
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Defendant: Jefferies L.L.C.
Represented By: John O'Donnell
Represented By: Justin Paul Raphael
Represented By: Melinda Eades LeMoine
Represented By: Molly Priedeman
Represented By: Emily Abrahams
Represented By: Scott S. Balber
Represented By: Scott Sonny Balber
Represented By: Michael Paul Jones
Represented By: Justin Raphael
Represented By: Barron Mcginnis Flood
Represented By: Christopher Emch
Represented By: Daniel Gomez
Represented By: John Jay O'Donnell, Jr
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Plaintiff: Sill Housing, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Vandenberg Housing LP
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Riley Communities LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: AETC Housing LP
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Pratik Kumar Ghosh
Represented By: Benjamin T. Kurtz
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Lackland Family Housing, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Meade Communities LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Picerne-Fort Polk Funding, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Fort Leavenworth Frontier Heritage Communities, II, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Fort Leavenworth Frontier Heritage Communities, I, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Fort Bliss/White Sands Missile Range Housing LP
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Monterey Bay Land, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Carlisle/Picatinny Family Housing LP
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: AMC West Housing LP
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Bragg Communities LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Monterey Bay Military Housing, LLC
Represented By: Yates McLaughlin French
Represented By: Donna Marie Welch
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Pratik Kumar Ghosh
Represented By: Benjamin T. Kurtz
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Rucker Communities, LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Stewart Hunter Housing LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Plaintiff: Fort Detrick/Walter Reed Army Medical Center LLC
Represented By: Donna Marie Welch
Represented By: Yates McLaughlin French
Represented By: Michael Phillip Esser
Represented By: Jeffrey L. Willian
Represented By: Elizabeth L. Deeley
Represented By: Benjamin T. Kurtz
Represented By: Pratik Kumar Ghosh
Represented By: George Robert Gage, Jr
Represented By: Jeffrey L Willian P C
Represented By: William Fleming
Represented By: Lamina E Bowen
Represented By: William B. Fleming
Represented By: Joseph Myer Sanderson
Represented By: James William Stoll
Represented By: Lauren Tabaksblat
Represented By: Marcus Strong
Represented By: Michael Joseph Bowe
Represented By: Robert Barnes McFarlane
Represented By: Seth Fiur
Represented By: Zachary C. Naidich
Represented By: Jeffrey L Willian
Represented By: Meghan McCafferty
Represented By: Richard Darst
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Respondent: U.S. Army
Represented By: Zachary Bannon
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Respondent: U.S. Air Force
Represented By: Zachary Bannon
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Not classified by court: Malvern Capital
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Applicant: Jones Lang LaSalle Americas, Inc.
Represented By: Marsha Jessica Indych
Represented By: Antoinette Snodgrass
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