UNITED STATES

SECURITIES AND EXCHANGE COMMISSION
STATION PLACE 100 F STREET, NE WASHINGTON, DC 20549-2736 Office of FOIA Services

January 7, 2010

Mr. Joseph Zernik P.O. Box 526 La Verne, CA 91750 Re: Freedom of Information Act (FOIA), 5 U.S.C. § 552 Request No. 11-01069-FOIA

Dear Mr. Zernik: This letter is an amended final response issued at your request for greater clarity with respect to my letter of January 4, 2010. Your request was dated November 12, 2010 and received in this office on November 16, 2010. You sought certain information concerning SEC v. Bank of America Corporation (BAC)(1:09-cv-06829), United States District Court for the Southern District of New York. Specifically, you requested copies of the following: 1) 2) 3) 4) Summons as issued; Execution/waiver of service of summons and complaint; Assignment of the case to Judge Jed Rakoff; Two off-the-record proceedings: August 10, 2009 and January 11, 2010; 5) All other proceedings, conducted by telephone conferences, where no evidence of minutes is provided in the PACER docket.

By letter dated December 16, 2010 a response to 1) above was provided to you. With respect to 2), in response to your prior FOIA request, 10-03964-FOIA, you were provided with a letter dated September 21, 2009 evidencing service of the complaint upon Bank of America Corporation. With respect to Nos. 3) through 5), we consulted with the appropriate Commission staff but were unable to locate any records responsive to these portions of your request.

Mr. Joseph Zernik January 7, 2010 Page 2

10-01069-FOIA

You have the right to appeal our decision to our General Counsel under 5 U.S.C. § 552(a)(6), 17 CFR § 200.80(d)(5) and (6). Your appeal must be in writing, clearly marked "Freedom of Information Act Appeal," and should identify the requested records. The appeal may include facts and authorities you consider appropriate. Send your appeal to the FOIA/Privacy Act Office of the Securities and Exchange Commission located at Station Place, 100 F Street NE, Mail Stop 2736, Washington, D.C. 20549, or deliver it to Room 1120 at that address. Also, send a copy to the SEC Office of the General Counsel, Mail Stop 9612, or deliver it to Room 1120 at the Station Place address. If you have any questions, please contact me by email at sifordm@sec.gov or by telephone at (202) 551-7201. If you cannot reach me please contact Ms. Celia Winter by calling (202) 551-7900 or by sending an e-mail to foiapa@sec.gov. Sincerely,

Mark P. Siford FOIA/Privacy Act Attorney Advisor

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