Professional Documents
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CLOSED,CASREF,ECF
Federal Housing Finance Agency v. JPMorgan Chase & Co. et al Date Filed: 09/02/2011
Assigned to: Judge Denise L. Cote Date Terminated: 11/21/2013
Referred to: Magistrate Judge James C. Francis (Settlement) Jury Demand: Both
Related Cases: 1:11-cv-05201-DLC Nature of Suit: 850 Securities/Commodities
1:11-cv-06193-DLC Jurisdiction: U.S. Government Plaintiff
1:11-cv-07048-DLC
1:13-cv-06721-DLC
1:13-cv-06719-DLC
Cause: 15:77 Securities Fraud
Plaintiff
Federal Housing Finance Agency represented by Anthony Joseph Enright
as Conservator for the Federal National Cravath, Swaine & Moore LLP
Mortgage Association and the Federal 825 Eighth Avenue
Home Loan Mortgage Corporation New York, NY 10019
(212) 474-1574
Fax: (212) 474-3700
Email: anthonyenright@quinnemanuel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Leron Thumim
McDermott, Will & Emery, LLP (NY)
340 Madison Avenue
New York, NY 10173
(212)-547-5592
Fax: (212)-547-5444
Email: Lthumim@gordonrees.com
ATTORNEY TO BE NOTICED
Manisha M. Sheth
Quinn Emanuel Urquhart & Sullivan LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
(212) 849-7441
Fax: (212) 849-7100
Email: manisha.sheth@ag.ny.gov
ATTORNEY TO BE NOTICED
Rajat Rana
Quinn Emanuel Urquhart & Sullivan LLP
51 Madison Avenue
New York, NY 10010
(212)-849-7000
Fax: (212)-849-7100
Email: rajatrana@quinnemanuel.com
ATTORNEY TO BE NOTICED
Serafina Concannon
Quinn Emanuel Urquhart & Sullivan LLP
51 Madison Avenue
New York, NY 10010
(212)-849-7361
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Fax: (212)-849-7001
Email:
serafinashishkova@quinnemanuel.com
ATTORNEY TO BE NOTICED
Plaintiff
FEDERAL HOUSING FINANCE represented by Eric Brendan Bruce
AGENCY, AS CONSERVATOR FOR Kobre & Kim LLP
THE FEDERAL NATIONAL 800 Third Avenue
MORTGAGE ASSOCIATION AND New York, NY 10022
THE FEDERAL HOME LOAN (212) 488-1203
MORTGAGE CORPORATION Fax: (212) 488-1220
Email: eric.bruce@kobrekim.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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8/7/2020 SDNY CM/ECF NextGen Version 1.2
Manisha M. Sheth
(See above for address)
ATTORNEY TO BE NOTICED
Wing Fu Ng
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Fl.
New York, NY 10153
(212)-310-8194
Fax: (212)-310-8007
Email: AlexNg@quinnemanuel.com
ATTORNEY TO BE NOTICED
V.
Defendant
JPMorgan Chase & Co. represented by Penny Shane , II
TERMINATED: 11/18/2013 Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
212-558-4837
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Email: shanep@sullcrom.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sharon L. Nelles
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Yavar Bathaee
Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
(212)-558-3166
Fax: (212)-291-9210
Email: bathaeey@sullcrom.com
ATTORNEY TO BE NOTICED
Defendant
JPMorgan Chase Bank N.A. represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
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8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
J.P. Morgan Mortgage Acquisition represented by Penny Shane , II
Corporation (See above for address)
TERMINATED: 11/18/2013 LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
J.P. Morgan Securities, LLC represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
formerly known as LEAD ATTORNEY
J.P. Morgan Securities Inc. ATTORNEY TO BE NOTICED
TERMINATED: 11/18/2013
Adam Rhys Brebner
(See above for address)
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ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Bear Stearns & Co., Inc. represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 10/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Structured Asset Mortgage Investments II represented by Penny Shane , II
Inc. (See above for address)
TERMINATED: 11/18/2013 LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 11/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Bear Stearns Asset Backed Securities I represented by Penny Shane , II
LLC (See above for address)
TERMINATED: 11/18/2013 LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 12/159
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
WAMU Asset Acceptance Corporation represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 13/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
WAMU Capital Corporation represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 14/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Washington Mutual Mortgage Securities represented by Penny Shane , II
Corporation (See above for address)
TERMINATED: 01/10/2013 LEAD ATTORNEY
also known as ATTORNEY TO BE NOTICED
Washington MutualMortgage Securities
Corporation Adam Rhys Brebner
TERMINATED: 01/10/2013 (See above for address)
ATTORNEY TO BE NOTICED
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8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Long Beach Securities Corporation represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 16/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Citigroup Global Markets, Inc. represented by Brad Scott Karp
TERMINATED: 06/24/2013 Paul, Weiss, Rifkind, Wharton & Garrison
LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
212-373-2384
Fax: 212-373-2384
Email: bkarp@paulweiss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bruce Birenboim
Paul, Weiss, Rifkind, Wharton & Garrison
LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
212-373-3165
Fax: 212-373-2781
Email: bbirenboim@paulweiss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 17/159
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Defendant
Credit Suisse Securities (USA) LLC represented by Keara A. Bergin
Dewey, Pegno & Kramarsky, LLP
777 Third Avenue
New York, NY 10017
(212) 943 9000
Fax: 212)943 4325
Email: kbergin@dpklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael T Reynolds
Cravath, Swaine & Moore LLP
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
Fax: (212) 474-3700
Email: mreynolds@cravath.com
LEAD ATTORNEY
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 18/159
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ATTORNEY TO BE NOTICED
Richard W Clary
Cravath, Swaine & Moore LLP
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
Fax: (212) 474-3700
Email: rclary@cravath.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard J Stark
Cravath, Swaine & Moore LLP
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
Fax: (212) 474-3700
Email: rstark@cravath.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Goldman, Sachs & Co. represented by Bradley Adams Harsch
Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
Email: harschb@sullcrom.com
ATTORNEY TO BE NOTICED
Brett D. Jaffe
Cohen & Gresser, LLP (NYC)
800 Third Avenue
New York, NY 10022
(212)-957-9756
Fax: (212)-957-4514
Email: brett.jaffe@alston.com
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 19/159
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Nathaniel P. T. Read
Cohen & Gresser, LLP
800 Third Avenue 21st, Floor
New York, NY 10022
(212) 95707069
Fax: (212) 957-4514
Email: NRead@CohenGresser.com
ATTORNEY TO BE NOTICED
Fax: 212-558-3588
Email: klapperr@sullcrom.com
ATTORNEY TO BE NOTICED
Stephanie G Wheeler
Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
212-558-7384
Fax: 212-558-3588
Email: wheelers@sullcrom.com
ATTORNEY TO BE NOTICED
Theodore Edelman
Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
212-558-3436
Fax: 212-291-9045
Email: edelmant@sullcrom.com
ATTORNEY TO BE NOTICED
Defendant
David M. Duzyk represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 21/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Louis Schioppo, Jr. represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 22/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Christine E. Cole represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Edwin F. McMichael represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 24/159
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William A. King represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 25/159
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Brian Bernard represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 26/159
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ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Matthew E. Perkins represented by Lauren Beth Perlgut
TERMINATED: 11/18/2013 Dentons US LLP (NY)
1221 Avenue of the Americas
New York, NY 10020
(212)-768-5381
Fax: (212)-768-6800
Email: lperlgut@cahill.com
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
Defendant
Joseph T. Jurkowski, Jr. represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 27/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Samuel L. Molinaro, Jr. represented by Michael Joseph Chepiga
TERMINATED: 11/18/2013 Simpson Thacher & Bartlett LLP (NY)
1155 Avenue of the Americas, 21st Floor
New York, NY 10036
(212) 455-2598
Fax: (212) 455-2502
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Email: mchepiga@stblaw.com
TERMINATED: 12/19/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Allie Cheatham
ALLEN & OVERY LLP
1221 Avenue of the Americas
New York, NY 10020
(212) 756-1125
Fax: (212) 610-6399
PRO HAC VICE
ATTORNEY TO BE NOTICED
(212)-756-1102
Fax: (212)-610-6399
Email: allie.cheatham@allenovery.com
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
Defendant
Thomas F. Marano represented by Joel Charles Haims
TERMINATED: 11/18/2013 Morrison & Foerster LLP
1290 Avenue of the Americas
New York, NY 10104
212-468-8000
Fax: 212-468-7900
Email: jhaims@mofo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 30/159
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Defendant
Kim Lutthans represented by David Allen Castleman
TERMINATED: 11/18/2013 (See above for address)
TERMINATED: 05/06/2013
David Elbaum
Brune Law P.C.
One Battery Park Plaza, 34th Floor
New York, NY 10004
(212)-668-1900
Fax: (212)-668-0315
Email: david.elbaum@stblaw.com
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
TERMINATED: 05/06/2013
Sharon L. Nelles
(See above for address)
TERMINATED: 05/06/2013
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Yavar Bathaee
(See above for address)
TERMINATED: 05/06/2013
Defendant
Katherine Garniewski represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
TERMINATED: 09/24/2013
Sharon L. Nelles
(See above for address)
TERMINATED: 09/24/2013
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 32/159
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Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jeffrey Mayer represented by Candace Marie Camarata
TERMINATED: 11/18/2013 Greenberg Traurig, LLP (NYC)
200 Park Avenue
New York, NY 10166
(212)-801-2141
Fax: (212)-309-9541
Email: camaratac@gtlaw.com
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
TERMINATED: 03/19/2012
Sharon L. Nelles
(See above for address)
TERMINATED: 03/19/2012
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 33/159
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Defendant
Jeffrey L. Verschleiser represented by Dani R. James
TERMINATED: 11/18/2013 Kramer Levin Naftalis & Frankel, LLP
1177 Avenue of the Americas
New York, NY 10036
(212)-715-9363
Fax: (212)-715-8000
Email: djames@kramerlevin.com
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
Defendant
Michael B. Nierenberg represented by Joel Charles Haims
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
Defendant
Richard Careaga represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 34/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
David Beck represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 35/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Diane Novak represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 36/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Thomas Green
Defendant
Rolland Jurgens represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 37/159
8/7/2020 SDNY CM/ECF NextGen Version 1.2
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Thomas G. Lehmann represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?11154088128739-L_1_0-1 38/159
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Stephen Fortunato represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Donald Wilhelm represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Michael J. Kula represented by David Allen Castleman
(See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Craig S. Davis represented by Sandra Denise Hauser
(See above for address)
Defendant
Marc K. Malone represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
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Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Michael L. Parker represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
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Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Megan M. Davidson represented by Sandra Denise Hauser
(See above for address)
Defendant
David H. Zielke represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
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Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Thomas W. Casey represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
John F. Robinson represented by David Allen Castleman
TERMINATED: 11/18/2013 (See above for address)
TERMINATED: 03/22/2013
David Elbaum
(See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
TERMINATED: 03/22/2013
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Sharon L. Nelles
(See above for address)
TERMINATED: 03/22/2013
Defendant
Keith Johnson represented by Theresa Marie Trzaskoma
TERMINATED: 11/18/2013 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David Elbaum
(See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
TERMINATED: 01/02/2013
Sharon L. Nelles
(See above for address)
TERMINATED: 01/02/2013
Defendant
Suzanne Krahling represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
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Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Larry Breitbarth represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
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Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Marangal I. Domingo represented by Sandra Denise Hauser
(See above for address)
Defendant
Troy A. Gotschall represented by David Allen Castleman
(See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Art Den Heyer represented by Adam Rhys Brebner
TERMINATED: 11/18/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
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Defendant
Stephen Lobo represented by Adam Rhys Brebner
TERMINATED: 09/16/2013 (See above for address)
ATTORNEY TO BE NOTICED
Penny Shane , II
(See above for address)
ATTORNEY TO BE NOTICED
Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
EMC Mortgage LLC represented by Penny Shane , II
TERMINATED: 11/18/2013 (See above for address)
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Sharon L. Nelles
(See above for address)
ATTORNEY TO BE NOTICED
Yavar Bathaee
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
RBS Securities Inc. (f/k/a Greenwich represented by Thomas C. Rice
Capital Markets Inc.) Simpson Thacher & Bartlett LLP (NY)
425 Lexington Avenue
New York, NY 10017
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(212) 455-2000
Fax: (212) 455-2502
Email: trice@stblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David J. Woll
Simpson Thacher & Bartlett LLP (NY)
425 Lexington Avenue
New York, NY 10017
(212) 455-2000
Fax: (212) 455-2502
Email: dwoll@stblaw.com
ATTORNEY TO BE NOTICED
Amicus
The Clearing House Association L.L.C. represented by Helgard C Walker
Gibson, Dunn & Crutcher, LLP (DC)
1050 Connecticut Avenue, N.W.
Washington, DC 20036
(202)-887-3599
Email: hwalker@gibsondunn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott G Stewart
Gibson, Dunn & Crutcher, LLP (DC)
1050 Connecticut Avenue, N.W.
Washington, DC 20036
(202)-955-8661
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Email: sstewart@gibsondunn.com
ATTORNEY TO BE NOTICED
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10/05/2011 17 NOTICE OF APPEARANCE by Penny Shane on behalf of Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation (Shane, Penny) (Entered: 10/05/2011)
10/05/2011 18 NOTICE OF APPEARANCE by Sharon L. Nelles on behalf of Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation (Nelles, Sharon) (Entered: 10/05/2011)
10/05/2011 19 NOTICE OF APPEARANCE by Jonathan Michael Sedlak on behalf of Bear Stearns &
Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation (Sedlak, Jonathan) (Entered: 10/05/2011)
10/05/2011 20 NOTICE OF APPEARANCE by David Allen Castleman on behalf of Bear Stearns &
Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation (Castleman, David) (Entered: 10/05/2011)
10/05/2011 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent
JPMorgan Chase & Co. for Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities
I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan
Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase Bank
N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation. Document filed by Bear Stearns & Co., Inc., Bear
Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance
Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities,
LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities
Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance
Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities
Corporation.(Shane, Penny) (Entered: 10/05/2011)
10/06/2011 22 NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Citigroup Global Markets,
Inc. (Karp, Brad) (Entered: 10/06/2011)
10/06/2011 23 NOTICE OF APPEARANCE by Susanna Michele Buergel on behalf of Citigroup Global
Markets, Inc. (Buergel, Susanna) (Entered: 10/06/2011)
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10/19/2011 32 STATUS REPORT. of Plaintiff FHFA for the Efficient Administration of the Cases
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Exhibit,
# 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Sheth, Manisha)
(Entered: 10/19/2011)
10/19/2011 33 STATUS REPORT. Defendants Proposal for the Efficient and Convenient Handling of
These Cases Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed
Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P.
Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase
& Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation.(Castleman, David)
(Entered: 10/19/2011)
10/20/2011 34 CERTIFICATE OF SERVICE of Plaintiffs and Defendants Joint Report Pursuant to
Paragraph 2 of the Courts September 16, 2011 Order, and Plaintiff FHFAs Proposal for the
Efficient Administration of the Cases Pursuant to Paragraph 3 of the Courts September 16,
2011 Order served on Counsel for JPMorgan Chase & Co., JPMorgan Chase Bank N.A.,
J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, Bear Stearns
& Co., Inc., Structured Asset Mortgage Investments II Inc., Bear Stearns Asset Backed
Securities I LLC, WAMU Asset Acceptance Corporation, WAMU Capital Corporation,
Washington Mutual Mortgage Securities Corporation, Long Beach Securities Corporation,
EMC Mortgage LLC, Christine E. Cole, David Beck, Edwin F. McMichael, Jeffrey
Mayer, Louis Schioppo, Jr., Marc K. Malone, Michael J. Kula, Michael L. Parker, and
Stephen Fortunato; Counsel for Citigroup Global Markets, Inc.; Counsel for Credit Suisse
Securities (USA) LLC; Counsel for Goldman, Sachs & Co.; Counsel for RBS Securities
Inc.; Counsel for Michael B. Nierenberg and Thomas F. Marano;David M. Duzyk, Louis
Schioppo, Jr., William A. King, Brian Bernard, Matthew E. Perkins, Joseph T. Jurkowski,
Jr.,Samuel L. Molinaro, Jr.,Thomas F. Marano,Kim Lutthans,Katherine Garniewski,Jeffrey
L. Verschleiser, Richard Careaga, Diane Novak, Rolland Jurgens, Thomas G. Lehmann,
Megan M. Davidson, David H. Zielke, Thomas W. Casey, Suzanne Krahling, Larry
Breitbarth, Marangal I. Domingo, Troy A. Gotschall, Art Den Heyer and Stephen Lobo on
10-19-2011. Service was made by ECF and Mail. Document filed by FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION. (Sheth, Manisha) (Entered: 10/20/2011)
11/02/2011 35 NOTICE OF APPEARANCE by Sandra Denise Hauser on behalf of Megan M.
Davidson, Craig S. Davis, Marangal I. Domingo, Matthew E. Perkins (Hauser, Sandra)
(Entered: 11/02/2011)
11/09/2011 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent
The Royal Bank of Scotland Group, plc for RBS Securities Inc. (f/k/a Greenwich Capital
Markets Inc.). Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets
Inc.).(Rice, Thomas) (Entered: 11/09/2011)
11/16/2011 37 ORDER: It is hereby ORDERED that the time to answer or to move to dismiss the
complaint in all actions is stayed, with the exception of the action with docket number 11
Civ. 5201 (the "5201 Action"). The motion to dismiss to be filed in the 5201 Action on
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December 2, 2011 ("December 2 Motion"), shall address any of the seven grounds
identified on pages four and five of the Defendants' Proposal for the Efficient and
Convenient Handling of These Cases as potential grounds for common dismissal motions
applicable in that action. IT IS FURTHER ORDERED that there will be a conference for
all parties in all actions on December 2, 2011 at 2:00p.m. At the conference, the Court will
discuss with the parties, inter alia, the scheduling of motion practice and discovery in these
actions, and a proposed schedule for any amendment of the complaint in the 5201 Action.
Under that proposed schedule, any amended complaint in the 5201 Action in response to
any argument made in the December 2 Motion shall be due on December 21, with no
further opportunity to amend. If no amendment is made in the 5201 Action, then opposition
to the December 2 Motion would be due January 6, 2012. Any reply would be due January
27. IT IS FURTHER ORDERED that at the time any reply is served, the moving party
shall supply two courtesy copies of all motion papers by mail or hand delivery to the
Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY
10007. ( Status Conference set for 12/2/2011 at 02:00 PM before Judge Denise L. Cote.)
(Signed by Judge Denise L. Cote on 11/16/2011) (lmb) (Entered: 11/16/2011)
11/28/2011 38 NOTICE OF APPEARANCE by William Thomas Russell, Jr on behalf of Samuel L.
Molinaro, Jr (Russell, William) (Entered: 11/28/2011)
11/28/2011 39 NOTICE OF APPEARANCE by Mark David Villaverde on behalf of Samuel L.
Molinaro, Jr (Villaverde, Mark) (Entered: 11/28/2011)
11/28/2011 40 NOTICE OF APPEARANCE by Jacob Daniel Press on behalf of Samuel L. Molinaro, Jr
(Press, Jacob) (Entered: 11/28/2011)
11/28/2011 41 NOTICE OF APPEARANCE by Michael Joseph Chepiga on behalf of Samuel L.
Molinaro, Jr (Chepiga, Michael) (Entered: 11/28/2011)
11/29/2011 42 NOTICE OF APPEARANCE by Joel Charles Haims on behalf of Thomas F. Marano,
Michael B. Nierenberg (Haims, Joel) (Entered: 11/29/2011)
11/29/2011 43 NOTICE OF APPEARANCE by Lashann Moutique DeArcy on behalf of Thomas F.
Marano, Michael B. Nierenberg (DeArcy, Lashann) (Entered: 11/29/2011)
12/01/2011 44 NOTICE OF APPEARANCE by Dani R. James on behalf of Jeffrey L. Verschleiser
(James, Dani) (Entered: 12/01/2011)
12/01/2011 45 NOTICE OF APPEARANCE by Jade Anne Burns on behalf of Jeffrey L. Verschleiser
(Burns, Jade) (Entered: 12/01/2011)
12/02/2011 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference
held on 12/2/2011. (mro) (Entered: 12/06/2011)
12/05/2011 46 ORDER: In 11-Civ-5201, plaintiffs shall file any amended complaint by December 21,
2011. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to
dismiss by January 6, 2012. Defendants' reply, if any, shall be served by January 27. In 11-
Civ-6188, the defendants shall file any motion to dismiss the plaintiffs' complaint by
January 6, 2012. The plaintiffs shall file any amended complaint by January 27, 2012. If no
amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by
February 3, 2012. Defendants' reply, if any, shall be served by February 17, 2012. The
parties in all of the cases in the caption above shall submit by January 10, 2012, a joint
report, or if necessary separate reports from plaintiffs and from defendants, on the
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sequencing of discovery, protective orders/ e-discovery, the sampling of loan files, limits on
depositions, and the time frames regarding document production, depositions, and expert
discovery. (Signed by Judge Denise L. Cote on 12/5/2011) (jar) (Entered: 12/05/2011)
12/05/2011 Set/Reset Deadlines: Amended Pleadings due by 1/27/2012. Motions due by 1/6/2012.
(jar) (Entered: 12/05/2011)
12/12/2011 47 ENDORSED LETTER addressed to Judge Denise L Cote from Marc E Kasowitz et al
dated 12/12/2011 re: FHFA requests that the Court reject Defendants' selection of the Ally
complaint as the test complaint for fraud claims. ENDORSEMENT: Counsel for FHFA
and the defendant shall promptly confer regarding the second test case, ie, a case that
includes a common law fraud claim. Their nominations for that test case are due 12/15.
(Signed by Judge Denise L. Cote on 12/12/2011) (cd) (Entered: 12/12/2011)
12/12/2011 ***DELETED DOCUMENT. Deleted document number 48 Endorsed Letter. The
document was incorrectly filed in this case. (ab) (Entered: 12/16/2011)
12/15/2011 48 Letter addressed to Judge Denise L. Cote from Penny Shane dated 12/15/2011 re:
Defendants request, and Plaintiff does not object to the request, that there be no second
"test case" for a motion to dismiss at this time. Instead, the Defendants in the cases that
assert fraud claims would file any separate appropriate motions to dismiss with respect to
those claims, as well as any other non-duplicative issues, at such time following
adjudication of the pending motion to dismiss the complaint in the UBS action (11-cv-
5201) as the Court directs. (jfe) (Entered: 12/16/2011)
12/16/2011 49 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION
to Substitute Attorney. Old Attorney: Simpson Thacher & Bartlett LLP, New Attorney:
Allen & Overy LLP. Document filed by Samuel L. Molinaro, Jr.(Chepiga, Pamela)
Modified on 12/19/2011 (ldi). (Entered: 12/16/2011)
12/16/2011 50 ORDER. It is hereby ORDERED that those portions of the December 5 Order that set
deadlines for a motion to dismiss and amended complaint in 11-Civ-6188 are hereby
vacated. IT IS FURTHER ORDERED that the time to answer or to move to dismiss the
complaint in 11-cv-6188 is stayed. (Signed by Judge Denise L. Cote on 12/16/2011) (rjm)
(Entered: 12/19/2011)
12/16/2011 51 ORDER: As set forth at the pretrial conference held on December 2, 2011, it is hereby
ORDERED that Mr. Philippe Zuard Selendy of Quinn Emanuel Urquhart Oliver &
Hedges shall serve as liaison counsel for plaintiffs in the above-captioned actions, and shall
ensure that all plaintiffs' attorneys in these actions receive notice of Court Orders. IT IS
FURTHER ORDERED that Mr. Jay B. Kasner of Skadden, Arps, Slate, Meagher & Flom
LLP shall serve as liaison counsel for defendants in the above-captioned actions, and shall
ensure that all defense attorneys in these actions receive notice Court Orders. IT IS
FURTHER ORDERED that deliveries requiring immediate attention shall be delivered to
Chambers by hand delivery to the Courthouse entrance located on Worth Street. Counsel or
courier shall inform the Court Security Officers that the delivery is for immediate pickup
and shall call Chambers or request Court Security Officers to call Chambers. (Signed by
Judge Denise L. Cote on 12/16/2011) (mro) (Entered: 12/19/2011)
12/16/2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT
ERROR. Note to Attorney Pamela Rogers Chepiga to E-MAIL Document No. 49
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discovery must be completed by 6/14/13. Deadline to file any summary judgment motion in
UBS by 7/12/13. Opposition due by 8/9/13. Any reply due by 8/30/13. All fact and expert
must be completed by 12/6/13. The Joint Pretrial Order must be filed in UBS by 12/6/13 in
the manner that is set forth in this Order. Opposition to any motion in limine due by
12/13/13. Any reply due by 12/20/13. The trial in UBS will begin at 9:30 a.m. on 1/13/14.
Deadline to file any summary judgment motion in cases other than UBS by 1/24/14.
Opposition due by 3/21/14. Any reply due by 4/11/14. Joint Pretrial Orders must be filed in
Tranche 2 cases: 11 Civ. 6188 ("Chase") and 11 Civ. 6202 ("Merrill") by 5/2/14.
Opposition to any motion in limine due by 5/9/14. Any reply due by 5/16/14. Trials will
begin in Chase and Merrill on 6/2/14. In the event Chase settles before trial, a Tranche 3
case will also go to trial on 6/2/14 or shortly thereafter. Joint Pretrial Orders must be filed in
Tranche 3 cases: 11 Civ. 6192 ("Deutsche Bank"); 11 Civ. 6198 ("Goldman Sachs"); and
11 Civ. 6200 ("Credit Suisse") by 8/1/14. Opposition to any motion in limine due by
8/15/14. Any reply due by 8/22/14. Trials will begin in Deutsche Bank, Goldman Sachs
and Credit Suisse by 9/29/14. Tranche 4 trials begin on 1/2015. Tranche 4 will contain all
remaining cases that have not settled. Additional relief as set forth in this Order. (Signed by
Judge Denise L. Cote on 6/14/2012) (pl) Modified on 6/15/2012 (pl). (Entered:
06/15/2012)
06/22/2012 98 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jay
Kasner, Manisha Sheth, Adam Absensohn, Christine Chung and Michael Hanin dated
6/21/2012 re: Counsel writes on behalf of all parties to the above-captioned actions to
update the Court on the parties' discussions regarding electronic discovery and to
respectfully request a seven-day adjournment, from June 25, 2012 to July 2, 2012, of the
date by which the parties must report any agreement or remaining disagreements to the
Court. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/22/2012) (jfe)
(Entered: 06/22/2012)
07/06/2012 100 NOTICE OF APPEARANCE by Lawrence Thomas Gresser on behalf of Goldman,
Sachs & Co. (Gresser, Lawrence) (Entered: 07/06/2012)
07/06/2012 101 NOTICE OF APPEARANCE by Brett D. Jaffe on behalf of Goldman, Sachs & Co.
(Jaffe, Brett) (Entered: 07/06/2012)
07/06/2012 102 NOTICE OF APPEARANCE by Nathaniel P. T. Read on behalf of Goldman, Sachs &
Co. (Read, Nathaniel) (Entered: 07/06/2012)
07/10/2012 103 ENDORSED LETTER addressed to Judge Denise L Cote from Edward J Bennett dated
7/9/2012 re: Request to file oversized briefs re motions to dismiss. ENDORSEMENT:
Denied. (Signed by Judge Denise L. Cote on 7/10/2012) (cd) (Entered: 07/11/2012)
07/13/2012 104 MOTION to Dismiss the Amended Complaint. Document filed by Goldman, Sachs & Co..
(Klapper, Richard) (Entered: 07/13/2012)
07/13/2012 105 MEMORANDUM OF LAW in Support re: 104 MOTION to Dismiss the Amended
Complaint.. Document filed by Goldman, Sachs & Co.. (Klapper, Richard) (Entered:
07/13/2012)
07/13/2012 106 MOTION to Dismiss the Amended Complaints. Document filed by RBS Securities Inc.
(f/k/a Greenwich Capital Markets Inc.).(Rice, Thomas) (Entered: 07/13/2012)
07/13/2012 107 MEMORANDUM OF LAW in Support re: 106 MOTION to Dismiss the Amended
Complaints.. Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets
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(i) update the Court on a dispute the parties have over the proper scope of a Fed. R. Civ. P.
30(b)(6) deposition of Plaintiff that was noticed by Defendants on June 28, 2012, and (ii)
respectfully request that the Court enter an agreed-upon briefing schedule for Plaintiff's
anticipated Motion for a Protective Order on this subject. (rjm) Modified on 7/20/2012
(rjm). (Entered: 07/20/2012)
07/23/2012 119 ORDER: the Court will hold a telephone conference to address this issue at 3:00PM on
July 24, 2012. Defendants in other FHFA cases wishing to participate in the call should
contact counsel for JPMorgan Chase. ( Telephone Conference set for 7/24/2012 at 03:00
PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/23/2012) (laq)
(Entered: 07/23/2012)
07/24/2012 120 Letter addressed to Judge Denise L. Cote from Penny Shane dated 7/20/2012 re: Counsel
requests an informal conference with the Court concerning JPMC's proposed use of
technology-assisted review to expedite and otherwise improve the review and production
of the enormous quantity of electronic documents that are potentially responsive to Plaintiff
FHFA's First and Second Requests for the Production of Documents (the "Document
Requests"). (jfe) (Entered: 07/24/2012)
07/24/2012 121 Letter addressed to Judge Denise L. Cote from Manisha M. Sheth dated 7/23/2012 re:
Counsel write to respond to the July 20, 2012 letter from JPMorgan Chase and its affiliated
entity defendants ("JPMC") regarding its request for an order authorizing predictive coding
(the "July 20 Letter"). (jfe) (Entered: 07/24/2012)
07/24/2012 122 ORDER: ORDERED that a conference will be held to address these and any other
outstanding discovery issues on July 31, 2012 at 3:00 PM in Courtroom 15B, United States
Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 7/31/2012
at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge
Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/24/2012) (ama) (Entered:
07/24/2012)
07/24/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 7/24/2012. (Court Reporter Khris Sellin) (gr) (Entered: 07/25/2012)
07/25/2012 123 NOTICE OF CHANGE OF ADDRESS by Joanna Ka Wai Chan on behalf of Goldman,
Sachs & Co.. New Address: Cohen & Gresser LLP, 800 Third Avenue, New York, New
York, USA 10022, (212) 957-7600. (Chan, Joanna) (Entered: 07/25/2012)
07/27/2012 124 NOTICE OF APPEARANCE by Tracy Richelle High on behalf of Goldman, Sachs &
Co. (High, Tracy) (Entered: 07/27/2012)
07/27/2012 125 NOTICE OF APPEARANCE by Bradley Adams Harsch on behalf of Goldman, Sachs &
Co. (Harsch, Bradley) (Entered: 07/27/2012)
07/31/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held
on 7/31/2012. (Court Reporters Sonia Huggins and Tom Murray) (gr) (Entered:
08/02/2012)
08/03/2012 126 NOTICE OF APPEARANCE by Keara A. Bergin on behalf of Credit Suisse Securities
(USA) LLC (Bergin, Keara) (Entered: 08/03/2012)
08/03/2012 127 NOTICE OF APPEARANCE by Maureen Ann Fitzgerald on behalf of Credit Suisse
Securities (USA) LLC (Fitzgerald, Maureen) (Entered: 08/03/2012)
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08/06/2012 128 TRANSCRIPT of Proceedings re: CONFERNCE held on 7/24/2012 before Judge Denise
L. Cote. Court Reporter/Transcriber: Khristine Sellin, (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 8/30/2012. Redacted Transcript Deadline set for
9/10/2012. Release of Transcript Restriction set for 11/8/2012.(McGuirk, Kelly) (Entered:
08/06/2012)
08/06/2012 129 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a CONFERENCE proceeding held on 7/24/12 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...(McGuirk, Kelly) (Entered: 08/06/2012)
08/07/2012 130 PLAINTIFF'S JULY 30, 2012 SUBMISSION TO THE COURT REGARDING
DEFENDANTS' CUSTODIAN REQUESTS: We write in response to Defendants
demands for overly broad and irrelevant discovery untethered to the materials used by the
GSE personnel actually responsible for entering into the transactions at issue. FHFA is
producing all responsive, non-privileged documents to the extent they reflect the GSEs
knowledge of facts regarding the specific Securitizations at issue, or relate to the purchase
or evaluation of such Securitizations, and has designated every custodian who would likely
have such documents. The Court should therefore reject Defendants overreaching
demands.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(pl) (Entered:
08/07/2012)
08/07/2012 131 DEFENDANTS SUMMISSION FOR JULY 31, 2012 HEARING: Plaintiff has
attempted to prevent discovery of relevant information, including through its refusal to
testify about most topics in Defendants June 28 Rule 30(b)(6) notice (the Notice). Despite
having agreed to early Rule 30(b)(6) depositions for the purpose of identifying appropriate
ESI custodians (see June 7 Rule 26(f) Report at 6) and despite the absence of burden,
Plaintiff indicated that it would seek a protective order rather than provide even the
identities of certain individuals and the responsibility of groups other than the "private
label" or "non-agency" departments of the GSEs (collectively, "PLS") with knowledge
concerning, inter alia, the same loan originators (the "Originators") involved in the
securitizations at issue (the "Securitizations"). Similarly, Plaintiff refuses to respond to
Defendants Interrogatory No. 3, which seeks the identity of employees responsible for the
GSEs direct relationships and dealings with the Originators. Accordingly, Defendants
respectfully request that the Court compel Plaintiff to testify as to each of the topics
contained on Defendants Notice; identify personnel responsible for dealings and
relationships with Originators, in response to Interrogatory No. 3; and produce documents
and information relating to GSE institutional knowledge. Document filed by Bear Stearns
& Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard,
Larry Breitbarth, Richard Careaga, Thomas W. Casey, Citigroup Global Markets, Inc.,
Christine E. Cole, Credit Suisse Securities (USA) LLC, Megan M. Davidson, Craig S.
Davis, Art Den Heyer, Marangal I. Domingo, David M. Duzyk, EMC Mortgage LLC,
Stephen Fortunato, Katherine Garniewski, Goldman, Sachs & Co., Troy A. Gotschall,
Thomas Green, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
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Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank
N.A., Keith Johnson, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Thomas
G. Lehmann, Stephen Lobo. (Attachments: # 1 Supplement Submission Part 2, # 2
Supplement Submission Part 3)(pl) (Entered: 08/08/2012)
08/07/2012 132 Letter addressed to Judge Denise L. Cote from David J. Woll dated 7/31/2012 re:
DEFENDANTS JULY 31 SUMMISSION REGARDING DOCUMENT RETENTION:
Defendants respectfully submit this response to Plaintiff's July 30 letter concerning the Rule
30(b)(6) testimony on document retention issues provided by Plaintiff to date. That letter
fails to answer the fundamental question whether Freddie Mac still possesses relevant
emails for some or all of its document custodians or, instead, whether they have been
permanently deleted as a result of a 30-day automatic deletion protocol (the "Protocol").
Plaintiff first disclosed the Protocol to Defendants the week of June 25, stating that (i) the
Protocol was in place from 2004 to September 2008, (ii) pursuant to the Protocol all emails
that employees did not affirmatively save were "overwritten" after 30 days, and (iii) any
emails affirmatively saved by an employee would have been discarded if that employee left
Freddie Mac prior to September 2008. Particularly given the inconsistencies that are set
forth in this letter, Defendants take little comfort from Plaintiffs statement made for the first
time yesterday that it "has significant amounts of electronic information, including e-mail,
for the relevant time period" for 38 of the 51 Freddie Mac custodians it proposes. Plaintiff
still has not informed Defendants whetherlarge portions of potentially relevant emails have
been destroyed or for which custodians and over what time periods such gaps may exist.
Plaintiff claims that the recent addition of 43 custodians should "ameliorate any concern
about missing electronic information," but that is hardly the case, since many of these are
Fannie Mae custodians and Defendants do not know what, if any, electronic information
exists for the additional Freddie Mac custodians. If Plaintiff needs more time to answer the
question, then a timetable should be established. But Plaintiff should not be permitted to
ignore repeated requests and narrowly parse deposition topics to avoid answering the
question until the document discovery deadline has passed. Document filed by Bear
Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Citigroup Global Markets,
Inc., Christine E. Cole, Credit Suisse Securities (USA) LLC, Megan M. Davidson, Craig
S. Davis, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato,
Katherine Garniewski, Goldman, Sachs & Co., J.P. Morgan Acceptance Corporation I, J.P.
Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase
& Co., JPMorgan Chase Bank N.A., Keith Johnson, Rolland Jurgens, Joseph T.
Jurkowski, Jr, William A. King, Thomas G. Lehmann, Stephen Lobo, Long Beach
Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F. Marano, Jeffrey Mayer,
Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B. Nierenberg, Diane Novak,
Michael L. Parker, Matthew E. Perkins, RBS Securities Inc. (f/k/a Greenwich Capital
Markets Inc.), John F. Robinson, Louis Schioppo, Jr, Structured Asset Mortgage
Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
Donald Wilhelm.(pl) (Entered: 08/08/2012)
08/08/2012 133 PLAINTIFFS JULY 30 AND JULY 31 SUBMISSION TO THE COURT
REGARDING DOCUMENT RETENTION. That for the reasons that are set forth in this
Order, FHFA respectfully requests that the Court reject defendants request for additional
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designees or for additional time on these topics. Document filed by David H. Zielke.(pl)
(Entered: 08/09/2012)
08/10/2012 134 TRANSCRIPT of Proceedings re: CONFERECE held on 7/31/2012 before Judge Denise
L. Cote. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript
may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that
date it may be obtained through PACER. Redaction Request due 9/4/2012. Redacted
Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012.
(McGuirk, Kelly) (Entered: 08/10/2012)
08/10/2012 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a CONFERENCE proceeding held on 7/31/12 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...(McGuirk, Kelly) (Entered: 08/10/2012)
08/10/2012 136 ORDER governing Loan File discovery and party exchange of information. By noon on
8/29/12, the parties shall file reports comprehensively setting forth the status of production
of all loan files. There will be a telephone conference to address any outstanding
production issues on 8/30/12 at 3:00 PM.(Signed by Judge Denise L. Cote on 8/10/12)
(SAH) (Entered: 08/10/2012)
08/13/2012 137 Letter addressed to Judge Denise L. Cote from Manisha M. Sheth and Penny Shane dated
8/10/2012 re: We write on behalf of all parties to the above-captioned actions to update the
Court on the parties discussions regarding the proposal by JPMorgan Chase & Co. and its
affiliated defendants (JMPC) to use predictive coding in the review and production of
documents in these actions. Document filed by FEDERAL HOUSING FINANCE
AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE
CORPORATION, Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC,
David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey,
Citigroup Global Markets, Inc., Christine E. Cole, Credit Suisse Securities (USA) LLC,
Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Federal Housing Finance
Agency, Stephen Fortunato, Katherine Garniewski, Goldman, Sachs & Co., J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith Johnson,
Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Thomas G. Lehmann, Stephen
Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F.
Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B.
Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS Securities Inc.
(f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo, Jr, Structured
Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance
Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities
Corporation, Donald Wilhelm.(lmb) Modified on 8/13/2012 (lmb). (Entered: 08/13/2012)
08/13/2012 138 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/9/2012 re: We write
on behalf of Defendants in response to the Court's direction at the July 31, 2012 conference
that the parties provide a status report and proposed orders with respect to loan file
production by third parties. Document filed by Bear Stearns & Co., Inc., Bear Stearns
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Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard
Careaga, Thomas W. Casey, Citigroup Global Markets, Inc., Christine E. Cole, Credit
Suisse Securities (USA) LLC, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC,
Stephen Fortunato, Katherine Garniewski, Goldman, Sachs & Co., J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith Johnson,
Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Thomas G. Lehmann, Stephen
Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F.
Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B.
Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS Securities Inc.
(f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo, Jr, Structured
Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance
Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities
Corporation, Donald Wilhelm.(lmb) (Entered: 08/14/2012)
08/13/2012 139 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/9/2012 re: We
write on behalf of the Federal Housing Finance Agency (FHFA) in response to the Court's
direction that the parties provide a status update and proposed orders to facilitate the third
party production of loan files and suggest ways of moving loan file production forward in
the upcoming weeks. Document filed by Federal Housing Finance Agency.(tro) (Entered:
08/14/2012)
08/13/2012 140 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/10/2012 re: We write
on behalf of Defendants to address the three-page letter to the Court Plaintiff filed at 11:58
pm on August 9, concerning the effort to collect loan files from third parties. Because
Plaintiff's midnight letter disregards this Court's two-page limit and the parties' practice of
submitting to the Court simultaneously, and because it invites the Court to rule based on
numerous inaccuracies, Defendants respectfully request that the Court consider the
following facts as further set forth in this letter. Document filed by Bear Stearns & Co.,
Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry
Breitbarth, Richard Careaga, Thomas W. Casey, Citigroup Global Markets, Inc., Christine
E. Cole, Credit Suisse Securities (USA) LLC, Art Den Heyer, David M. Duzyk, EMC
Mortgage LLC, Stephen Fortunato, Katherine Garniewski, Goldman, Sachs & Co., J.P.
Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith
Johnson, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K.
Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr,
Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS
Securities Inc. (f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo,
Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation, Donald Wilhelm.(tro) (Entered: 08/14/2012)
08/23/2012 141 NOTICE OF APPEARANCE by Eric Brendan Bruce on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION (Bruce, Eric) (Entered: 08/23/2012)
08/23/2012 142 NOTICE OF APPEARANCE by Scott Kurtis McCulloch on behalf of FEDERAL
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but also all of the other defendants in the other fifteen related actions filed by the FHFA that
are pending before this Court. Together, they seek a stay of all proceedings except for the
briefing on the motions to dismiss in the fifteen related actions, or in the alternative, a stay
of proceedings except for certain document discovery and the motions to dismiss. The
defendants have not shown that their applications for a partial stay should be granted. To
grant a stay at this point in the litigation would derail the efforts undertaken to date by the
Court and the parties and severely impact opportunities for settlement or coordinated
resolution of these cases. A stay of all sixteen actions is even less warranted. Accordingly,
it is hereby ORDERED that the defendants' August 17 application for a stay pending
appeal is denied. (Signed by Judge Denise L. Cote on 9/4/2012) (pl) (Entered: 09/04/2012)
09/04/2012 Set/Reset Deadlines: Request for Production of Documents due by 9/30/2012. (pl)
(Entered: 09/05/2012)
09/06/2012 153 NOTICE OF APPEARANCE by Julia Marie Guaragna on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION (Guaragna, Julia) (Entered: 09/06/2012)
09/06/2012 154 SEALED DOCUMENT placed in vault.(nm) (Entered: 09/06/2012)
09/07/2012 155 MEMORANDUM OF LAW in Opposition re: 113 MOTION to Dismiss ("Notice Of
Defendant Credit Suisse Securities (USA) LLC's Motion To Dismiss")., 106 MOTION to
Dismiss the Amended Complaints., 104 MOTION to Dismiss the Amended Complaint..
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
FEDERAL HOME LOAN MORTGAGE CORPORATION. (Selendy, Philippe)
(Entered: 09/07/2012)
09/07/2012 156 MEMORANDUM OF LAW in Opposition re: 110 MOTION to Dismiss. the Amended
Complaint. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Selendy,
Philippe) (Entered: 09/07/2012)
09/07/2012 157 DECLARATION of Julia M. Guaragna in Opposition re: 110 MOTION to Dismiss..
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Exhibit
A, # 2 Exhibit B)(Selendy, Philippe) (Entered: 09/07/2012)
10/01/2012 158 SCHEDULING ORDER: On October 1, the Court of Appeals denied the motion of
defendant UBS to stay proceedings in these coordinated cases pending resolution of UBSs
appeal from this Courts May 4, 2012 Order. It is herebyORDERED that the June 14
Pretrial Scheduling Order is amended as follows: 10/11/12 -- Deadline for reply in Fraud
Claim Cases; 10/19/12 -- Deadline for opposition in Non-Fraud Claim Cases; 11/9/12 --
Deadline for reply in Non-Fraud Claim Cases. (SAH) (Entered: 10/01/2012)
10/04/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 10/4/2012. (Court Reporter Rose Prater) (gr) (Entered: 10/10/2012)
10/05/2012 159 ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED as follows: (1) Certain
deadlines prescribed by the Scheduling Order shall be adjusted by 20 days (or the next
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business day thereafter), as follows: Status conference for all parties in all actions:
November 15, 2012 at 2 p.m.; Depositions begin in all cases: January 22, 2013; All fact
and expert discovery in the UBS Action must be completed: July 5, 2013; Deadline to file
any summary judgment motions in the UBS Action: TBA; Opposition to summary
judgment motions due in the UBS Action: TBA; Reply briefs in support of summary
judgment motions due in the UBS Action: August 30, 2013. (2) All responses and
objections to outstanding document requests shall be served by October 10, 2012; and (3)
Plaintiff shall provide to Defendants its proposed sampling protocols for all actions for
which it has not yet done so by October 10, 2012. ( Status Conference set for 11/15/2012 at
02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/5/2012)
(mro) (Entered: 10/05/2012)
10/09/2012 160 ENDORSED LETTER addressed to Hon. Denise Cote (S.D.N.Y.) and Hon. Alvin W.
Thompson (D. Conn.) from Plaintiff Federal Housing Finance Agency dated 10/5/12 re:
Coordination of Discovery. ENDORSEMENT: Our two courts have been in
communication about coordination of these actions. This Court has been authorized by
Judge Thompson to instruct the parties before us to submit proposed coordination orders by
October 12. The parties should make every effort to reach agreement on the proposed
orders. (Signed by Judge Denise L. Cote on 10/9/12)(SAH) (Entered: 10/09/2012)
10/11/2012 161 NOTICE of Expert Report Of Charles D. Cowan, Ph.D. Regarding The Selection Of
Statistically Valid Random Samples Of Mortgage Loans for Fifteen FHFA Actions.
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1
Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6
Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3 (part 1), # 9 Exhibit 3 (part 2), # 10 Exhibit 4)
(Selendy, Philippe) (Entered: 10/11/2012)
10/11/2012 162 IT IS HEREBY ORDERED that the telephone conference scheduled for October 11 is
cancelled. IT IS FURTHER ORDERED that a conference to address the issues raised in
the three sets of letters will be held on Monday, October 15 at 2:30 PM in Courtroom 15B,
United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER
ORDERED that the parties shall meet and confer regarding each of the issues raised in the
letters prior to the October 15 conference. IT IS FURTHER ORDERED that no later than
10:00 AM on October 15, defendants shall e-mail to the Court and FHFA submissions as
described herein. (Signed by Judge Denise L. Cote on 10/11/12)(SAH) (Entered:
10/11/2012)
10/11/2012 163 Letter addressed to Judge Denise L. Cote from counsel for Federal Housintg dated
10/9/2012 re: Loan File Production. counsel for plaintiff writes to respectfully request an
order directing: (1) Defendants to identify the loan numbers for the loans that Defendants or
their vendors reviewed as part of the due diligence they conducted when structuring the
Securitizations (the "Due Diligence Samples") by October 15, 2012. Additional relief
requested in the manner that is set forth in this Order. Document filed by Federal Housing
Finance Agency as Conservator for the Federal National Mortgage Association.(pl)
(Entered: 10/11/2012)
10/11/2012 164 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re:
Counsel for defendants write in response to FHFA's letter dated October 9, 2012, regarding
"Loan File Production." Document filed by Peter C. Aberg, Howard S. Altarescu, Robert
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J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs
Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co.,
David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group
Inc., Mark Weiss, Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA)
Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc..
(pl) (Entered: 10/11/2012)
10/11/2012 165 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, et
al. dated 10/9/2012 re: Counsel for plaintiff to request an order that Defendants, who have
served more than 550 subpoenas requesting loan files and other relevant materials,
withdraw their demands that the subpoenaed parties also produce irrelevant documents
pertaining to the single-family and multi-family businesses of the GSEs, including whole
loan purchases and GSE securitizations. Document filed by Federal Housing Finance
Agency as Conservator for the Federal National Mortgage Association.(pl) (Entered:
10/11/2012)
10/11/2012 166 Letter addressed to Judge Denise L. Cote from Beth A. Stewart dated 10/11/2012 re:
Counsel for defendants writes on behalf of all defendants in response to FHFA's October 9,
2012 letter ("FHFA Ltr.") seeking a Rule 26(c) protective order precluding and a Rule 45
Order modifying, subpoenas served by Defendants o third-parties.. Document filed by
Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp.,
Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real
Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel,
Daniel L. Sparks.(pl) (Entered: 10/11/2012)
10/11/2012 167 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re:
Counsel writes on behalf of defendants in the twelve above- referenced actions
("Defendants"), we write in response to Plaintiffs letter dated October 9, 2012, seeking
permission to brief "discovery issues on which FHFA and Defendants have reached or may
reach an impasse," including two that are currently the subject of the parties' ongoing meet-
and- confers: (1) electronic search terms and the specific time periods for which they would
be applied; and (2) production of documents relating to other RMBS actions and
investigations. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie,
Kevin Gasvoda, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate
Funding Corp. et al.(pl) (Entered: 10/11/2012)
10/11/2012 168 REPLY MEMORANDUM OF LAW in Support re: 104 MOTION to Dismiss the
Amended Complaint.. Document filed by Goldman, Sachs & Co.. (Klapper, Richard)
(Entered: 10/11/2012)
10/11/2012 169 DECLARATION of Bradley A. Harsch in Support re: 104 MOTION to Dismiss the
Amended Complaint.. Document filed by Goldman, Sachs & Co.. (Attachments: # 1
Exhibit A)(Klapper, Richard) (Entered: 10/11/2012)
10/11/2012 170 REPLY MEMORANDUM OF LAW in Support re: 106 MOTION to Dismiss the
Amended Complaints.. Document filed by RBS Securities Inc. (f/k/a Greenwich Capital
Markets Inc.). (Rice, Thomas) (Entered: 10/11/2012)
10/11/2012 171 DECLARATION of Alan C. Turner in Support re: 106 MOTION to Dismiss the Amended
Complaints.. Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets
Inc.). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5,
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10/12/2012 178 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/12/2012 re:
On behalf of the UBS Defendants in the above-referenced action, we write to correct a
misrepresentation contained in Plaintiff's letter sent to the Court earlier today. Document
filed by UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, UBS
Securities LLC, UBS Securities LLC.(ama) (Entered: 10/12/2012)
10/12/2012 179 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re:
On behalf of defendants in the above-referenced actions (Defendants), we write to request
that the Court's Order dated October 11, 2012 (the October 11 Order) be made to apply to
all parties, rather than to Defendants alone. Document filed by Peter C. Aberg, Howard S.
Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle
Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp,
Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The
Goldman Sachs Group Inc., Mark Weiss, Ace Securities Corp., Ally Financial Inc.,
Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank
Securities Inc., GMAC Mortgage Group, Inc., HSBC Bank USA. N.A., HSBC Markets
(USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC
USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit
Securities Corp., RBS Securities, Inc., Taunus Corporation, John Voigtman, Todd White,
Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of
America Mortgage Securities, Inc., Bank of America Corporation, Bank of America,
National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D.
Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James
H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan,
Antoine Schetritt, Arnaud Denis, Deutsche Bank Securities Inc., Abner Figueroa, Orlando
Figueroa, J.P. Morgan Securities LLC, SG Americas Securities Holdings, LLC, SG
Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage
Securities, LLC, Tony Tusi, First Franklin Financial Corp., Donald C. Han, Michael M.
McGovern, Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill
Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch
Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Paul Park, Donald J.
Puglisi, Brian T. Sullivan, Matthew Whalen, Hugh Corcoran, Per Dyrvik, David Martin,
Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc.,
UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global
Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc.,
Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills,
Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital
Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael
Wade, Gerald L. Baker, Charles G. Burkett, Credit Suisse Securities (USA) LLC, FTN
Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon
National Corporation, First Tennessee Bank National Association, J.P. Morgan Securities,
LLC, Peter F. Makowiecki, Merrill Lynch, Pierce Fenner & Smith Inc., UBS Securities
LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Douglas K. Johnson, Juliana C.
Johnson, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA),
Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First
Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit
Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P.
Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A.
Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage
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Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc.,
General Electric Company, Morgan Stanley & Co. Inc., David Findlay, Nathan Gorin, N.
Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit &
Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura
Securities International, Inc., Ally Securities, LLC, Citigroup Global Markets, Inc.,
GMAC-RFC Holding Company, LLC, Goldman, Sachs & Co., J.P. Morgan Securities
LLC, Residential Accredit Loans, Inc., Residential Asset Mortgage Products, Inc.,
Residential Asset Securities Corporation, Residential Capital LLC, Residential Funding
Company, LLC, UBS Securities LLC, Bear Stearns & Co., Inc., Bear Stearns Asset
Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga,
Thomas W. Casey, Citigroup Global Markets, Inc., Christine E. Cole, Megan M.
Davidson, Craig S. Davis, Art Den Heyer, Marangal I. Domingo, David M. Duzyk, EMC
Mortgage LLC, Stephen Fortunato, Katherine Garniewski, Troy A. Gotschall, Thomas
Green, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
Corporation, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith Johnson,
Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K.
Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr,
Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS
Securities Inc. (f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo,
Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation, Donald Wilhelm, David H. Zielke, Alexander C. Frank, Howard
Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley
ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital
Holdings LLC, Craig S. Phillips, Saxon Asset Securities Company, Saxon Capital, Inc.,
Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.
(ama) (Entered: 10/12/2012)
10/15/2012 180 STATUS REPORT. - RBS Securities Inc.'s Report on the Status of Production of Loan
Files Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.).(Rice,
Thomas) (Entered: 10/15/2012)
10/15/2012 181 STATUS REPORT. JPMorgan's Report on the Status of Loan File Production Document
filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC
Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank
N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation.(Shane, Penny) (Entered: 10/15/2012)
10/15/2012 182 STATUS REPORT. Document filed by Citigroup Global Markets, Inc.. (Attachments: # 1
Exhibit A)(Karp, Brad) (Entered: 10/15/2012)
10/15/2012 183 STATUS REPORT. Defendants' Joint Report on Loan File Production Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage
LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank
N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
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motion to exclude the October 10 Report on Daubert grounds: Motion served by October
26, 2012. Opposition served by November 9, 2012. Reply served by November 16, 2012.
IT IS FURTHER ORDERED that any defendant that fails to file a motion in accordance
with the schedule provided by this Order will be deemed to have waived any Daubert
objection that might fairly be asserted in response to the information contained in the
October 10 report. (Signed by Judge Denise L. Cote on 10/18/12) (SAH) (Entered:
10/18/2012)
10/18/2012 191 SCHEDULING ORDER: Motion for Summary Judgment in 11 Civ. 5201 due by
7/23/2013. Response due by 8/20/2013. Reply due by 8/30/2013. (Signed by Judge Denise
L. Cote on 10/18/12)(SAH) (Entered: 10/18/2012)
10/18/2012 192 ORDER As discussed at a conference with the parties on October 15, it is hereby
ORDERED that no later than noon on Monday, October 22, the plaintiff and RBS shall
jointly submit to this Court and the District Court in Connecticut a proposed coordination
order that clearly indicates any areas of disagreement between the parties. (Signed by Judge
Denise L. Cote on 10/18/12)(SAH) (Entered: 10/18/2012)
10/19/2012 193 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A.
Schirtzer dated 10/18/2012 re: Counsel for plaintiff Federal Housing Finance Agency
("FHFA")writes that, Certain Defendants have pointed out that, while the parties continue
to meet and confer, Defendants in fact have not yet agreed to produce all testimony and
related exhibits from their lists of relevant investigations and litigations, as may be
suggested by the FHFA status report submitted earlier today. FHFA hereby corrects its
report accordingly, and advises that it may need to raise this issue again at the next status
conference. Document filed by Federal Housing Finance Agency as Conservator for the
Federal National Mortgage Association.(pl) (Entered: 10/19/2012)
10/19/2012 194 ORDER It is hereby ORDERED that the Court will hold a conference to address any
outstanding discovery disputes at 10:30 AM on October 30, 2012 (the October 30
Conference).IT IS FURTHERED ORDERED that no later than 10:00 AM on October 29,
the parties shall submit any materials they wish the Court to consider in advance of the
October 30 Conference.IT IS FURTHER ORDERED that after reviewing any
submissions, the parties shall confer and make a recommendation to the Court no later than
4:30 PM on October 29 whether the October 30 Conference should be conducted in-
person or telephonically. (Signed by Judge Denise L. Cote on 10/19/12) (SAH) (Entered:
10/19/2012)
10/25/2012 195 SEALED DOCUMENT placed in vault.(mps) (Entered: 10/26/2012)
10/26/2012 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the
October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.. Document filed by Bear
Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long
Beach Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU
Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation.(Shane, Penny) (Entered: 10/26/2012)
10/26/2012 197 MEMORANDUM OF LAW in Support re: 196 MOTION to Preclude Notice of
Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report
of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc., Bear Stearns
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Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance
Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities,
LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities
Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance
Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities
Corporation. (Shane, Penny) (Entered: 10/26/2012)
10/26/2012 198 DECLARATION of Lauren A. Moskowitz in Support re: 196 MOTION to Preclude
Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012
Expert Report of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation. (Attachments: # 1 Exhibit Ex. 1 to Moskowitz Decl., # 2 Exhibit
Ex. 2 to Moskowitz Decl., # 3 Exhibit Ex. 3 to Moskowitz Decl., # 4 Exhibit Ex. 4 to
Moskowitz Decl., # 5 Exhibit Ex. 5 to Moskowitz Decl., # 6 Exhibit Ex. 6 to Moskowitz
Decl., # 7 Exhibit Ex. 7 to Moskowitz Decl., # 8 Exhibit Ex. 8 to Moskowitz Decl., # 9
Exhibit Ex. 9 to Moskowitz Decl., # 10 Exhibit Ex. 10 to Moskowitz Decl., # 11 Exhibit
Ex. 11 to Moskowitz Decl., # 12 Exhibit Ex. 12 to Moskowitz Decl., # 13 Exhibit Ex. 13
to Moskowitz Decl.)(Shane, Penny) (Entered: 10/26/2012)
10/26/2012 199 DECLARATION of Arnold Barnett, Ph.D. in Support re: 196 MOTION to Preclude
Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012
Expert Report of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation. (Attachments: # 1 Exhibit 1 to Barnett Decl., # 2 Exhibit 2 to
Barnett Decl., # 3 Exhibit 3 to Barnett Decl., # 4 Exhibit 4 to Barnett Decl., # 5 Appendix
A to Barnett Decl.)(Shane, Penny) (Entered: 10/26/2012)
11/05/2012 200 ORDER: #102528 granting in part and denying in part 104 Motion to Dismiss; granting in
part and denying in part 106 Motion to Dismiss; granting in part and denying in part 110
Motion to Dismiss; granting in part and denying in part 113 Motion to Dismiss. The
defendants September 7 motions to dismiss are granted with respect to: (1) Plaintiffs
Virginia Securities Act claims against the Other Underwriter Defendants; (2) Plaintiffs
claims of owner-occupancy and LTV-ratio fraud relating to the securities for which
JPMorgan served as lead underwriter; (3) And plaintiffs claims of owner-occupancy fraud
relating to the securities for which WaMu or Long Beach served as sponsor, depositor, or
lead underwriter. The motions to dismiss are denied in all other respects. (Signed by Judge
Denise L. Cote on 11/5/12) (SAH) Modified on 11/8/2012 (jab). (Entered: 11/05/2012)
11/05/2012 201 SCHEDULING ORDER: It is hereby ORDERED that the conference will not be held
over the telephone but will instead take place in-person tomorrow, November 6, at 2:00 PM
in Courtroom 15B of the United States Courthouse, 500 Pearl Street, New York, New
York. (Signed by Judge Denise L. Cote on 11/5/12)(SAH) (Entered: 11/05/2012)
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11/05/2012 202 JOINT ORDER regarding coordination with FHFA v. RBS, 3:11-cv-01383-AWT (D.
Conn.) (Signed by Judge Denise L. Cote on 11/5/12, nunc pro tunc to 11/1/12) (SAH)
(Entered: 11/05/2012)
11/06/2012 203 JOINT STIPULATION AND ORDER Concerning Modification of Defendants' Rule 45
Subpoenas Duces Tecum of Non-Party Originators. (Signed by Judge Denise L. Cote on
11/6/12) (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C,
# 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E) (SAH) (Entered: 11/06/2012)
11/06/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference
held on 11/6/2012. (Court Reporter Paula Speer) (gr) (Entered: 11/09/2012)
11/09/2012 204 ORDER It is hereby ORDERED that FHFAs October 28 application is granted. The Bank
of America defendants shall forthwith withdraw the subpoenas served on the SEC and
Zuckerman Spaeder, LLP. (Signed by Judge Denise L. Cote on 11/9/12)(SAH) (Entered:
11/09/2012)
11/09/2012 205 Letter addressed to Judge Denise Cote from Christine Chung dated 10/28/12 re: Bank of
America subpoenas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit
4, # 5 Exhibit 5)(gr) (Entered: 11/09/2012)
11/09/2012 206 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/5/12 re: Bank of
America subpoenas. Document filed by Bank of America Corporation. (gr) (Entered:
11/09/2012)
11/09/2012 207 Letter addressed to Judge Denise Cote from Christine H. Chung dated 11/8/12 re: Bank of
America subpoenas. Document filed by Federal Housing Finance Agency as Conservator
for the Federal National Mortgage Association. (gr) (Entered: 11/09/2012)
11/09/2012 208 Letter addressed to Judge Denise Cote from Steven M. Cady dated 11/8/12 re: Bank of
America subpoenas. Document filed by Bank of America Corporation.(gr) (Entered:
11/09/2012)
11/09/2012 209 Letter addressed to Judge Cote from Philippe Selendy dated 11/5/2012 re: discovery
disputes. Document filed by Federal Housing Finance Agency as Conservator for the
Federal National Mortgage Association. (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)(gr)
(Entered: 11/09/2012)
11/09/2012 210 NOTICE OF APPEARANCE by Nicholas Fields Joseph on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION (Joseph, Nicholas) (Entered: 11/09/2012)
11/09/2012 211 Letter addressed to Judge Cote from Kanchana Wangkeo Leung dated 10/26/2012 re:
Request for appropriate relief against defendants AFL and GMACM. Document filed by
Federal Housing Finance Agency as Conservator for the Federal National Mortgage
Association. (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)(gr) (Entered:
11/09/2012)
11/09/2012 212 Letter addressed to Judge Cote from Reginald R. Goeke dated 10/29/2012 re: response to
the October 26, 2012 letter from FHFA. Document filed by Ally Financial Inc., GMAC
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Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012
Expert Report of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach
Securities Corporation, WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation. (Attachments: # 1
Exhibit 1)(Shane, Penny) (Entered: 11/16/2012)
11/19/2012 231 JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF LOAN
TAPE INFORMATION TO NON-PARTIES. Plaintiff and Defendants, by and through
their counsel of record hereby agree that Plaintiff shall establish and maintain an FTP site
through which each Loan File Custodian will have access to the information as further
specified in this stipulation and order primarily derived from loan tapes produced by
Defendants for loans at issue in the Actions: (i) the entity that originated the loan or
possesses the loan files; (ii) the Action in which the loan is at issue; (iii) the securitization
that includes the loan; (iv) the loan number(s) for the loan; (v) the origination date for the
loan; and (vi) the state where the mortgaged property is located. This information is
publicly available, generally known, and not confidential or sensitive ("Non-Confidential
Loan Tape Information"), and as further set forth herein. (Signed by Judge Denise L. Cote
on 11/19/2012) (rjm) (Entered: 11/20/2012)
11/20/2012 232 Defendants November 14 Submission On Expert Discovery And Deposition Protocol
(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(gr) (Entered: 11/20/2012)
11/20/2012 233 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12
re: proposed deposition protocol. (gr) (Entered: 11/20/2012)
11/20/2012 234 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12
re: schedule governing loan reunderwriting and expert discovery. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2)(gr) (Entered: 11/20/2012)
11/20/2012 235 MOTION to Amend/Correct 200 Order on Motion to Dismiss,,,,,,,,,,,,,,,. Document filed
by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage
LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank
N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation.(Shane, Penny) (Entered: 11/20/2012)
11/20/2012 236 Letter addressed to Judge Denise Cote from David Woll dated 11/14/12 re: re-underwriting
and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) (Entered:
11/20/2012)
11/20/2012 237 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12
re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr)
(Entered: 11/20/2012)
11/20/2012 238 DECLARATION of Penny Shane in Support re: 235 MOTION to Amend/Correct 200
Order on Motion to Dismiss,,,,,,,,,,,,,,,. MOTION to Amend/Correct 200 Order on Motion
to Dismiss,,,,,,,,,,,,,,,. MOTION to Amend/Correct 200 Order on Motion to
Dismiss,,,,,,,,,,,,,,,.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset
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Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I,
J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan
Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured
Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU
Capital Corporation, Washington Mutual Mortgage Securities Corporation. (Shane, Penny)
(Entered: 11/20/2012)
11/20/2012 239 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12
re: the status of discovery in FHFA Actions since Nov. 6, 2012. (Attachments: # 1 Exhibit
A, # 2 Exhibit B)(gr) (Entered: 11/20/2012)
11/20/2012 240 Letter addressed to Judge Denise Cote from Jay B. Kasner dated 11/14/12 re: defendants'
request for production of documents related to plaintiff's forensic review of loan files.
(Attachments: # 1 Exhibit A)(gr) (Entered: 11/20/2012)
11/20/2012 241 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12
re: defendants' request for production of documents related to plaintiff's forensic review of
loan files. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(gr) (Entered:
11/20/2012)
11/26/2012 242 ORDER regarding the schedule for expert discovery. (Signed by Judge Denise L. Cote on
11/26/12) (SAH) (Entered: 11/26/2012)
11/26/2012 243 REVISED PRETRIAL SCHEDULING ORDER. The attached consolidated schedule
shall govern the further conduct of pretrial proceedings in these cases. (Signed by Judge
Denise L. Cote on 11/26/12) (SAH) (Entered: 11/26/2012)
11/26/2012 244 STIPULATION AND ORDER: Defendants shall answer the Amended Complaint on or
before December 17, 2012. Bear Stearns & Co., Inc. answer due 12/17/2012; Bear Stearns
Asset Backed Securities I LLC answer due 12/17/2012; David Beck answer due
12/17/2012; Brian Bernard answer due 12/17/2012; Larry Breitbarth answer due
12/17/2012; Richard Careaga answer due 12/17/2012; Thomas W. Casey answer due
12/17/2012; Citigroup Global Markets, Inc. answer due 12/17/2012; Christine E. Cole
answer due 12/17/2012; Credit Suisse Securities (USA) LLC answer due 12/17/2012; Art
Den Heyer answer due 12/17/2012; David M. Duzyk answer due 12/17/2012; EMC
Mortgage LLC answer due 12/17/2012; Stephen Fortunato answer due 12/17/2012;
Katherine Garniewski answer due 12/17/2012; Goldman, Sachs & Co. answer due
12/17/2012; J.P. Morgan Acceptance Corporation I answer due 12/17/2012; J.P. Morgan
Mortgage Acquisition Corporation answer due 12/17/2012; J.P. Morgan Securities, LLC
answer due 12/17/2012; JPMorgan Chase & Co. answer due 12/17/2012; JPMorgan Chase
Bank N.A. answer due 12/17/2012; Keith Johnson answer due 12/17/2012; Rolland
Jurgens answer due 12/17/2012; Joseph T. Jurkowski, Jr answer due 12/17/2012; William
A. King answer due 12/17/2012; Thomas G. Lehmann answer due 12/17/2012; Stephen
Lobo answer due 12/17/2012; Long Beach Securities Corporation answer due 12/17/2012;
Kim Lutthans answer due 12/17/2012; Marc K. Malone answer due 12/17/2012; Thomas
F. Marano answer due 12/17/2012; Jeffrey Mayer answer due 12/17/2012; Edwin F.
McMichael answer due 12/17/2012; Samuel L. Molinaro, Jr answer due 12/17/2012;
Michael B. Nierenberg answer due 12/17/2012; Diane Novak answer due 12/17/2012;
Michael L. Parker answer due 12/17/2012; Matthew E. Perkins answer due 12/17/2012;
RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.) answer due 12/17/2012; John
F. Robinson answer due 12/17/2012; Louis Schioppo, Jr answer due 12/17/2012;
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12/07/2012 251 Letter addressed to Judge Denise Cote from Philippe Selendy and others dated 11/19/2012
re: plaintiff's submission regarding deposition protocol. (Attachments: # 1 Exhibit)(gr)
(Entered: 12/07/2012)
12/07/2012 252 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/2012 re:
defendants' proposals regarding deposition protocol. (gr) (Entered: 12/07/2012)
12/07/2012 253 Letter addressed to Judge Denise Cote from FHFA dated 11/19/12 re: status of discovery.
(Attachments: # 1 Exhibit)(gr) (Entered: 12/07/2012)
12/07/2012 254 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/12 re: plaintiff's
production of documents. (gr) (Entered: 12/07/2012)
12/07/2012 255 Letter addressed to Judge Cote from Richard H. Klapper dated 11/19/12 re: redaction of
materials produced in discovery. (gr) (Entered: 12/07/2012)
12/07/2012 256 Letter addressed to Judge Cote from Penny Shane dated 11/19/12 re: status of discovery
disputes. (gr) (Entered: 12/07/2012)
12/07/2012 257 Letter addressed to Judge Cote from FHFA dated 11/19/12 re: schedule for re-underwriting
and expert discovery. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(gr)
(Entered: 12/07/2012)
12/07/2012 258 Submission addressed to Judge Cote from all defendants dated 11/19/12 re: schedule for
loan file re-underwriting and expert discovery. (Attachments: # 1 Text of Proposed Order)
(gr) (Entered: 12/07/2012)
12/10/2012 259 ORDER It is hereby ORDERED that a conference will be held to address the issues raised
in defendants' December 7 letters and any outstanding discovery issues on Friday,
December 14 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street,
New York, New York. IT IS FURTHER ORDERED that no later than 10:00 AM on
Thursday, December 13, defendants may submit any underlying documents that support
their applications and the plaintiff shall submit its responsive letters and any supporting
materials. Any submissions must comply with Rule 2C of this Courts Individual Rules of
Practice in Civil Cases. (Signed by Judge Denise L. Cote on 12/10/12) (SAH) (Entered:
12/10/2012)
12/12/2012 260 ORDER: These cases having been referred to me to oversee settlementdiscussions, it is
hereby ORDERED that a conference will be held toaddress the framework for these
settlement discussions on Friday,January 11, 2013, at 2:00 PM in Courtroom 18D, United
StatesCourthouse, 500 Pearl Street, New York, New York. ( Settlement Conference set for
1/11/2013 at 02:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before
Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on
12/12/2012) (ago) (Entered: 12/12/2012)
12/13/2012 261 MOTION for Erica P. Taggart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt
number 0208-8062589. Motion and supporting papers to be reviewed by Clerk's
Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: #
1 Exhibit Certificate of Good Standing, # 2 Affidavit Certificate of Service, # 3 Text of
Proposed Order Proposed Order)(Taggart, Erica) (Entered: 12/13/2012)
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12/14/2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No.
261 MOTION for Erica P. Taggart to Appear Pro Hac Vice. Filing fee $ 200.00,
receipt number 0208-8062589. Motion and supporting papers to be reviewed by
Clerk's Office staff.. The document has been reviewed and there are no deficiencies.
(wb) (Entered: 12/14/2012)
12/14/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held
on 12/14/2012. (Court Reporters Denise Williams and Toni Stanley) (gr) (Entered:
12/17/2012)
12/15/2012 262 ORDER Corrected Order Regarding Deposition Protocol (Signed by Judge Denise L.
Cote on 12/15/12) (SAH) (Entered: 12/15/2012)
12/17/2012 263 ANSWER to 99 Amended Complaint,,,,,,. Document filed by RBS Securities Inc. (f/k/a
Greenwich Capital Markets Inc.).(Rice, Thomas) (Entered: 12/17/2012)
12/17/2012 264 ANSWER to 99 Amended Complaint,,,,,,. Document filed by Goldman, Sachs & Co..
(Klapper, Richard) (Entered: 12/17/2012)
12/17/2012 265 ANSWER to 99 Amended Complaint,,,,,,. Document filed by Citigroup Global Markets,
Inc..(Buergel, Susanna) (Entered: 12/17/2012)
12/17/2012 266 ANSWER to 99 Amended Complaint,,,,,,. Document filed by Credit Suisse Securities
(USA) LLC.(Clary, Richard) (Entered: 12/17/2012)
12/17/2012 267 ANSWER to 99 Amended Complaint,,,,,, with JURY DEMAND. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K.
Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr,
Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, John F.
Robinson, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L.
Verschleiser, WAMU Asset Acceptance Corporation, WAMU Capital Corporation,
Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.
(Shane, Penny) (Entered: 12/17/2012)
12/17/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference
held on 12/17/2012. (Court Reporters Sonia Huggins and Carol Ganley) (gr) (Entered:
12/19/2012)
12/18/2012 268 MEMO ENDORSEMENT ON ORDER GRANTING ADMISSION PRO HAC VICE:
re: granting 261 Motion for Erica P. Taggart to Appear Pro Hac Vice. ENDORSEMENT:
Granted. (Signed by Judge Denise L. Cote on 12/17/2012) (mt) (Entered: 12/18/2012)
12/20/2012 269 Letter addressed to Hon. Denise Cote from Steven M. Cady dated 11/27/2012 re: writing to
provide the Court an update on Plaintiff's and Defendants' joint efforts to secure loan files
and underwriting guidelines relating to loans in Plaintiffs' sample. (Attachments: # 1
Exhibit Letter to Credit Rating Agency, # 2 Exhibit Letter to Due Deligence Firm)(gr)
(Entered: 12/20/2012)
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12/22/2012 270 Letter addressed to Judge Cote from Penny Shane dated 12/7/2012 re: Defendants' single-
family discovery requests. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(gr) (Entered: 12/22/2012)
12/22/2012 271 Letter addressed to Judge Cote from Penny Shane dated 12/13/12 re: Supplemental exhibits
in support of defendants' 12_7_12 discovery application. (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9
Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit,
# 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22
Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit,
# 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35
Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit,
# 42 Exhibit, # 43 Exhibit, # 44 Exhibit)(gr) (Entered: 12/22/2012)
12/22/2012 272 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung dated
12/13/12 re: plaintiff's response to defendants' 12/7/12 discovery requests. (gr) (Entered:
12/22/2012)
12/22/2012 273 Letter addressed to Judge Cote from Penny Shane dated 12/14/12 re: submission of
defendants in further support of 12/7/12 discovery requests. (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit)(gr) (Entered: 12/22/2012)
12/22/2012 274 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE automated
underwriting programs. (gr) (Entered: 12/22/2012)
12/22/2012 275 Letter addressed to Judge Cote from Richard Schirtzer dated 12/13/12 re: GSE automated
underwriting programs. (gr) (Entered: 12/22/2012)
12/22/2012 276 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE originator
audits. (gr) (Entered: 12/22/2012)
12/22/2012 277 Letter addressed to Judge Cote from Christine Chung and Manisha Sheth for the plaintiff
dated 12/13/12 re: GSE originator audits. (gr) (Entered: 12/22/2012)
12/22/2012 278 Letter addressed to Judge Cote from N. Mahmood Ahmad for defendants dated 12/13/12
re: documents bearing on defendants' discovery requests related to GSE originator audits.
(gr) (Entered: 12/22/2012)
12/22/2012 279 Letter addressed to Judge Cote from Edward Bennett for defendants dated 12/7/12 re:
source metadata. (gr) (Entered: 12/22/2012)
12/22/2012 280 Letter addressed to Judge Cote from Philippe Selendy et al. for the plaintiff dated 12/12/12
re: source metadata. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(gr) (Entered:
12/22/2012)
12/22/2012 281 Letter addressed to Judge Cote from Edward Bennett dated 12/17/12 re: source metadata.
(gr) (Entered: 12/22/2012)
12/22/2012 282 Letter addressed to Judge Cote from Penny Shane dated 12/13/12 re: expert reunderwriting
schedule in 11cv6188. (gr) (Entered: 12/22/2012)
12/22/2012 283 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated
12/12/12 re: defendants' second set of requests for non-PLS documents. (Attachments: # 1
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Documents filed using the ECF system need not be separately emailed, subject to
paragraph 4 of this Stipulation. "Document" shall be interpreted to include any exhibits or
attachments to the document and shall include pleadings, correspondence, and discovery-
related documents. 2. Plaintiff and Defendants agree that service may be effected on the
relevant party by sending the Documents to all of the e-mail addresses for the relevant party
listed in Exhibit A. 3. A Document served by e-mail that a party/attorney is required to sign
may include the party's/attorney's actual signature or a signature block with the name of the
signatory accompanied by "s/" or "/s/." 4. Documents filed under seal or Documents too
large to be filed through the ECF system should be served via e-mail. 5. To the extent that a
Document is too large to be delivered by email, the Document shall be served in hard copy
or on electronic media via FedEx, overnight delivery, or hand delivery, with simultaneous
e-mail notification of service by these other means. 6. Service effected pursuant to this
Stipulation shall satisfy the requirements of Federal Rule of Civil Procedure 5(b)(2)(E).
Federal Rule of Civil Procedure 6(d) shall not apply to service effected under Rule 5(b)(2)
(E) pursuant to this Stipulation. ENDORSEMENT: So ordered. (Signed by Judge Denise
L. Cote on 2/4/2013) (rjm) (Entered: 02/05/2013)
02/05/2013 304 Letter addressed to Judge Cote from Ryan Scarborough dated 2/1/13 re: Status of Merrill
Lynch's efforts to identify and stipulate to loan files and underwriting guidelines applicable
to FHFA's sample. (al) (Entered: 02/05/2013)
02/05/2013 305 Letter addressed to Judge Cote from Robert A. Fumerton dated 2/1/13 re: Status update on
efforts to identify documents and underwriting guidelines relating to loan files in FHFA's
proposed sample. (al) (Entered: 02/05/2013)
02/05/2013 306 Letter addressed to Judge Cote from Manisha M. Seth dated 2/1/13 re: Loan file matching
in Merrill Lynch. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5
Exhibit, # 6 Exhibit, # 7 Exhibit)(al) (Entered: 02/05/2013)
02/05/2013 307 Letter addressed to Judge Cote from David J. Woll dated 2/1/13 re: Expert scheduling for
Tranche 3 and 4 cases. Document filed by Deutche Bank AG.(Attachments: # 1 Text of
Proposed Order) (al) (Entered: 02/05/2013)
02/05/2013 308 Letter addressed to Judge Cote from Christine H. Chung and Kanchana Wangkeo Leung
dated 2/1/13 re: Discovery relating to third party due diligence. Document filed by Federal
Housing Finance Agency as Conservator for the Federal National Mortgage Association.
(Attachments: # 1 Exhibit, # 2 Exhibit)(al) (Entered: 02/05/2013)
02/05/2013 309 Letter addressed to Judge Cote from Robert A. Fumerton dated 2/4/13 re: Responding to
statements in FHFA's letter of February 1, 2013. Document filed by UBS Americas Inc.
(al) (Entered: 02/05/2013)
02/05/2013 310 Letter addressed to Judge Cote from Richard H. Klapper dated 2/4/13 re: FHFA's
production of documents relating to the GSEs' purchases of loans. (Attachments: # 1
Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8
Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit) (al) (Entered: 02/05/2013)
02/05/2013 311 Letter addressed to Judge Cote from Richard A. Klapper dated 2/4/13 re: FHFA's
production of documents relating to causation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (al) (Entered: 02/05/2013)
02/05/2013 312 ORDER It is hereby ORDERED that a conference will be held to address the issues raised
in these letters and any outstanding discovery issues on Thursday, February 7, at 9:30 AM
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02/12/2013 327 Letter addressed to Judge Cote from UBS (Robert A. Fumerton) dated 2/6/13 re: FHFA's
letter of 2/1 re due diligence. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11
Exhibit)(al) (Entered: 02/12/2013)
02/12/2013 328 Letter addressed to Judges Cote and Thompson from FHFA dated 2/1/13 re: Expert
scheduling in Tranche 3 and 4 cases. (Attachments: # 1 Exhibit, # 2 Exhibit)(al) (Entered:
02/12/2013)
02/12/2013 329 Letter addressed to Judge Cote from Goldman Sachs (Richard H. Klapper) dated 2/12/13
re: FHFA's request of 2/1 that Goldman be ordered to compile data. (Attachments: # 1
Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(al) (Entered: 02/12/2013)
02/12/2013 330 Letter addressed to Judge Cote from Tranche 3 and 4 Defendants (David J. Woll) dated
2/12/13 re: Proposed expert scheduling order. (Attachments: # 1 Text of Proposed Order, #
2 Text of Proposed Order)(al) (Entered: 02/12/2013)
02/12/2013 331 Letter addressed to Judge Cote from FHFA dated 2/12/13 re: Tranche 3 and 4 expert
schedule. (Attachments: # 1 Exhibit)(al) (Entered: 02/13/2013)
02/12/2013 332 Letter addressed to Judge Cote from FHFA (Christine H. Chung and Michael Hanin) dated
2/12/13 re: Status update re due diligence loans. (al) (Entered: 02/13/2013)
02/12/2013 334 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re:
Scheduling order for unstipulated loans in Merrill Lynch. (Attachments: # 1 Text of
Proposed Order) (al) (Entered: 02/13/2013)
02/13/2013 333 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re:
Scheduling order for unstipulated loans in UBS. (Attachments: # 1 Exhibit, # 2 Text of
Proposed Order) (al) (Entered: 02/13/2013)
02/13/2013 335 ORDER: In a series of letters beginning February 1, the parties raised several issues related
to discovery in this litigation and requested a conference. A conference was held on
February 7, but certain issues remained outstanding at its conclusion. It is hereby
ORDERED that a conference will be held to address these issues on Thursday, February
14 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York,
New York., ( Status Conference set for 2/14/2013 at 09:30 AM in Courtroom 15B, 500
Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge
Denise L. Cote on 2/13/2013) (lmb) (Entered: 02/13/2013)
02/13/2013 336 Letter addressed to Judge Cote from Defendants (Richard H. Klapper) dated 2/13/13 re:
GSEs' due diligence policies. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (al) (Entered: 02/13/2013)
02/13/2013 337 Letter addressed to Judge Cote from Defendants dated 2/13/2013 re: Defendants' status
report on outstanding discovery issues. (al) (Entered: 02/13/2013)
02/13/2013 338 Letter addressed to Judge Cote from Defendants (Richard H. Klapper) dated 2/13/13 re:
Diligence provider reviews. (al) (Entered: 02/13/2013)
02/13/2013 339 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/13/13 re: Loan
level reviews conducted by the GSEs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit,
# 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (al) (Entered:
02/13/2013)
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02/13/2013 340 Letter addressed to Judge Cote from FHFA (Christine H. Chung and Kanchana Wangkeo
Leung) dated 2/13/13 re: letter from Goldman Sachs of 2/1 regarding due diligence loans.
(al) (Entered: 02/13/2013)
02/13/2013 341 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/13/13 re: Use of
loan level information at GSEs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (al) (Entered:
02/13/2013)
02/13/2013 342 Letter addressed to Judge Cote from Defendants (Robert A. Fumerton) dated 2/13/13 re:
FHFA's retention of documents from Freddie Mac. (Attachments: # 1 Text of Proposed
Order, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8
Exhibit) (al) (Entered: 02/13/2013)
02/13/2013 343 NOTICE OF APPEARANCE by Yavar Bathaee on behalf of Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth,
Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk,
EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance
Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities,
LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T.
Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo,
Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke (Bathaee, Yavar) (Entered: 02/13/2013)
02/14/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on
2/14/2013. (Court Reporter Bill Williams) (gr) (Entered: 02/19/2013)
02/15/2013 344 Letter addressed to Judge Cote from FHFA (Jon Corey) dated 2/13/13 re: Defendants' letter
seeking 30(b)(6) deposition regarding Freddie Mac email preservation. (Attachments: # 1
Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (al) (Entered: 02/15/2013)
02/15/2013 345 Letter addressed to Judge Cote from FHFA dated 2/13/13 re: Defendants' request for
single-family due diligence policies. (al) (Entered: 02/15/2013)
02/15/2013 346 NOTICE OF APPEARANCE by Serafina Shishkova on behalf of Federal Housing
Finance Agency (Shishkova, Serafina) (Entered: 02/15/2013)
02/19/2013 347 NOTICE OF APPEARANCE by Renee Beltranena Bea on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION, Federal Housing Finance Agency (Bea, Renee)
(Entered: 02/19/2013)
02/19/2013 348 ORDER: In a series of letters beginning February 1, the parties raised several issues related
to discovery in this litigation and requested a conference. Conferences were held on
February 7 and 14, but certain issues remain outstanding. It is hereby ORDERED that a
conference will be held to address these issues on Thursday, February 21 at 9:30 AM in
Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status
Conference set for 2/21/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York,
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plaintiff's successor liability claims. It is hereby ORDERED that the parties are to meet and
confer on this issue. IT IS FURTHER ORDERED that a conference will be held to
address this issue on Monday, February 25, 2013 at 11:30 AM in Courtroom 15B, United
States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for
2/25/2013 at 11:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before
Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/20/2013) (jcs) (Entered:
02/21/2013)
02/25/2013 359 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: UBS delays in deposition
scheduling. (al) (Entered: 02/25/2013)
02/25/2013 360 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/20/13
re: Production of privilege logs. (Attachments: # 1 Exhibit) (al) (Entered: 02/25/2013)
02/25/2013 361 Letter addressed to Judge Cote from JPMorgan Chase (Penny Shane) dated 2/20/13 re:
Document production relating to FHFA's successor liability claims. (al) (Entered:
02/25/2013)
02/25/2013 362 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re:
JPMorgan's delays in document production. (al) (Entered: 02/25/2013)
02/25/2013 363 Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re:
JPMorgan's delays in document production relating to successor liability claims. (al)
(Entered: 02/25/2013)
02/25/2013 364 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Production of privilege logs.
(Attachments: # 1 Exhibit, # 2 Exhibit) (al) (Entered: 02/25/2013)
02/25/2013 365 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re:
Production of third party loan level reviews. (Attachments: # 1 Exhibit) (al) (Entered:
02/25/2013)
02/25/2013 366 Letter addressed to Judge Cote from Defendants dated 2/20/13 re: Status report on
outstanding discovery issues. (al) (Entered: 02/25/2013)
02/25/2013 367 Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: FHFA's
assertion of privilege over Fannie Mae reviews or actions based on third party loan level
reviews. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6
Exhibit) (al) (Entered: 02/25/2013)
02/25/2013 368 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Status report on outstanding
discovery issues. (al) (Entered: 02/25/2013)
02/25/2013 369 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for
additional Freddie Mac custodians. (al) (Entered: 02/25/2013)
02/25/2013 370 Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Proposed supplemental expert
scheduling order for tranche 3 and 4 cases. (Attachments: # 1 Text of Proposed Order) (al)
(Entered: 02/25/2013)
02/25/2013 371 Letter addressed to Judge Cote from FHFA dated 2/21/13 re: Application for an extension
of time to respond to interrogatories. (al) (Entered: 02/25/2013)
02/25/2013 372 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/22/13
re: FHFA's request for an extension of time to respond to interrogatories. (Attachments: # 1
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03/07/2013 384 Letter addressed to Judge Cote from FHFA and JPMorgan Chase dated 2/28/13 re: Joint
status report. (al) (Entered: 03/07/2013)
03/07/2013 385 Letter addressed to Judge Cote from UBS Defendants (Robert Fumerton) dated 3/1/13 re:
Production of Syron documents. (al) (Entered: 03/07/2013)
03/07/2013 386 MOTION for Molly Stephens to Appear Pro Hac Vice (corrected motion - fee paid
February 26, 2013, receipt number 0208-8270782. Motion and supporting papers to be
reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE
AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE
CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good
Standing, California Supreme Court, # 3 Certificate of Good Standing, Texas Supreme
Court, # 4 Certificate of Service)(Stephens, Molly) (Entered: 03/07/2013)
03/07/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No.
The document has been reviewed and there are no deficiencies. (bcu) (Entered:
03/07/2013)
03/07/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 3/7/2013. (Court Reporter Kris Sellin) (gr) (Entered: 03/08/2013)
03/11/2013 387 ORDER granting 386 Motion for Molly Stephens to Appear Pro Hac Vice (HEREBY
ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered:
03/11/2013)
03/13/2013 388 Letter addressed to Judge Denise L. Cote from Kanchana Wangkeo Leung, Phillipe Z.
Selendy, Manisha M. Sheth, and Christine H. Chung dated 3/13/2013 re: Pursuant to the
Court's Order, dated March 11, 2013, the Federal Housing Finance Agency ("FHFA") files
this status report regarding the steps it has taken since February 21, 2013, to obtain 460
loan files from Residential Capital, LLC ("ResCap"). Document filed by Federal Housing
Finance Agency as Conservator for the Federal National Mortgage Association, Federal
Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance
Agency, Federal Housing Finance Agency.(lmb) (Entered: 03/13/2013)
03/18/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 3/18/2013. (Court Reporter Vincent Bologna) (gr) (Entered: 03/18/2013)
03/19/2013 389 Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated
3/15/2013 re: Request by UBS Defendants for adjournment of interim deadlines in USB
action.(gr) (Entered: 03/19/2013)
03/19/2013 390 ENDORSED LETTER addressed to Judge Cote from FHFA (Manisha M. Sheth) dated
3/19/2013 re: Response to USB's 3/15/13 letter requesting extension of deadlines for fact
and expert discovery. ENDORSEMENT: All defendants must cooperate in the scheduling
of the FHFA (Fannie Mae; Freddie Mac) depositions. The limit on the depositions applies
across all actions. The USB request to extend its discovery until 12/6 is denied. Fact
discovery in the UBS action is extended to 8/30/13; expert discovery is extended to 9/4/13.
(Signed by Judge Denise L. Cote on 3/19/2013)(gr) (Entered: 03/19/2013)
03/19/2013 391 ORDER: FHFA or a defendant may identify to its adversary the Loan Files and Guidelines
to which it will stipulate, and seven days thereafter the adversary shall agree to the
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stipulation or provide specific reasons why it does not agree. (Signed by Judge Denise L.
Cote on 3/19/13)(gr) (Entered: 03/19/2013)
03/20/2013 392 ORDER: It is hereby ORDERED that Citigroup Defendants may begin to exchange
guideline matches on March 29, 2013. IT IS FURTHER ORDERED that by March 22,
the defendants shall provide a report regarding the status of the production of Loan Files by
NationStar. (Signed by Judge Denise L. Cote on 3/20/2013) (lmb) (Entered: 03/20/2013)
03/20/2013 393 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Federal Housing
Finance Agency (Goldstein, Jordan) (Entered: 03/20/2013)
03/22/2013 394 ENDORSED LETTER addressed to Judge Cote from Non-UBS defendants (Edward J.
Bennett) dated 3/21/13 re: the Court's March 19, 2013 Order regarding deposition
coordination and scheduling. ENDORSEMENT: The parties shall confer and design a
process for selecting deponents. If the parties cannot agree between two competing
proposals, the Court shall hear the parties. (Signed by Judge Denise L. Cote on 3/22/13)
(al) (Entered: 03/22/2013)
03/22/2013 ***DELETED DOCUMENT. Deleted document number 395 ENDORSED
LETTER. The document was incorrectly filed in this case. (mt) (Entered: 03/22/2013)
03/22/2013 395 ENDORSED LETTER addressed to Judge Cote from Defendants (Phillip A. Sechler)
dated 3/21/13 re: 30(b)(6) depositions. ENDORSEMENT: Denied for failure to indicate
that defendants have exhausted the meet and confer process. (Signed by Judge Denise L.
Cote on 3/22/13) (abl) (Entered: 03/22/2013)
03/22/2013 396 NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT JOHN F.
ROBINSON AND ORDER: PLEASE TAKE NOTICE THAT Defendant John F.
Robinson substitutes his counsel of record in this case. Former Counsel: Sullivan &
Cromwell LLP, 125 Broad Street, New York, New York 10004, Telephone: 212.558.4000,
including Penny Shane, Sharon L. Nelles, Jonathan M. Sedlak and David A. Castleman.
New Counsel: Defendant John F. Robinson's new counsel in this action, on whom all
notices and papers should be served, is the firm of Brune & Richard LLP, One Battery Park
Plaza, New York, New York 10004, Telephone: 212.668.1900, including Theresa
Trzaskoma and David Elbaum., Attorney Theresa Marie Trzaskoma,David Elbaum for
John F. Robinson added. Attorney Jonathan Michael Sedlak; Penny Shane; David Allen
Castleman and Sharon L. Nelles terminated. (Signed by Judge Denise L. Cote on
3/22/2013) (lmb) (Entered: 03/22/2013)
03/25/2013 397 Letter addressed to Judge Cote from defendant Credit Suisse (Keara A. Bergin) dated
3/22/13 re: status of loan file production by NationStar. (abl) (Entered: 03/25/2013)
03/25/2013 398 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/4/2013 before Judge Denise
L. Cote. Court Reporter/Transcriber: Rose Prater, (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 4/18/2013. Redacted Transcript Deadline set for
4/29/2013. Release of Transcript Restriction set for 6/27/2013.(Rodriguez, Somari)
(Entered: 03/25/2013)
03/25/2013 399 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a CONFERENCE proceeding held on 3/4/13 has been filed by the
court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar
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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...(Rodriguez, Somari) (Entered:
03/25/2013)
03/25/2013 400 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2013 before Judge Denise
L. Cote. Court Reporter/Transcriber: Khristine Sellin, (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 4/18/2013. Redacted Transcript Deadline set for
4/29/2013. Release of Transcript Restriction set for 6/27/2013.(Rodriguez, Somari)
(Entered: 03/25/2013)
03/25/2013 401 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a CONFERENCE proceeding held on 3/7/13 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...(Rodriguez, Somari) (Entered:
03/25/2013)
03/26/2013 402 OPINION AND ORDER denying the UBS Defendants' application to require the Federal
Housing Finanace Agency to pay either $250,000 or at least $85,000 of the cost incurred in
identifying certain files produced by third parties. (Signed by Judge Denise L. Cote on
3/26/2013) (gr) (Entered: 03/26/2013)
03/27/2013 403 Letter addressed to Judge Cote from Manisha Sheth and Kanchana Wangkeo Leung dated
3/7/2013 re: we write to provide the Court with an update on the parties' discussions
regarding successor liability discovery pursuant to the Court's guidance on 3/4/2013.
Document filed by Federal Housing Finance Agency, as Conservator for the Federal Home
Loan Mortgage Corporation. (Attachments: # 1 Exhibit Confidential Exhibit, # 2 Exhibit
Jan 14 2013 Stip and Order, # 3 Exhibit Confidential Exhibit, # 4 Exhibit ANSWER OF
DEFENDANTS J.P. MORGAN SECURITIES LLC, DAVID M. DUZYK,, # 5 Exhibit
JPMorgan Chase & Co Form 8-K, # 6 Exhibit March 6 2013 Letter to Penny Shane from
Manisha Sheth, # 7 Exhibit Feb. 16 2011 to Mr. Bessey from FDIC)(gr) (Entered:
03/27/2013)
03/27/2013 404 Letter addressed to Judge Cote from Manisha M. Sheth and Kanchana Wangkeo Leung
dated 3/13/2013 re: we write to provide the Court with an update on the parties discussions
regarding successor liability discovery relating to Bear Stearns and Washington Mutual
(WaMu) pursuant to the Courts guidance on March 7, 2013. Document filed by Federal
Housing Finance Agency, as Conservator for the Federal Home Loan Mortgage
Corporation. (Attachments: # 1 Exhibit document requests, # 2 Exhibit confidential exhibit,
# 3 Exhibit confidential exhibit)(gr) (Entered: 03/27/2013)
03/27/2013 405 Letter addressed to Judge Cote from Penny Shane dated 3/13/2013 re: I write on behalf of
JPMorgan Chase & Co. and its affiliated entity defendants (collectively, JPMorgan) in the
above-captioned cases (the Actions) regarding the partiesdiscussions concerning the scope
of successor liability discovery concerning Bear Stearns and Plaintiffs continued insistence
that JPMorgan engage in extensive, burdensome and unnecessary searches of custodian
email records for documents responding to certain specific requestsreflected in Plaintiff
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FHFAs Fourth Request for the Production of Documents, dated July 23, 2012 (the Fourth
Request). Document filed by J.P. Morgan Securities LLC.(gr) (Entered: 03/27/2013)
03/27/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on
3/27/2013. (Court Reporter Joanne Mancari) (gr) (Entered: 03/27/2013)
03/28/2013 406 TRANSCRIPT of Proceedings re: SPEAKERPHONE CONFERENCE held on
3/18/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Vincent Bologna,
(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
4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction
set for 7/1/2013.(Rodriguez, Somari) (Entered: 03/28/2013)
03/28/2013 407 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a SPEAKERPHONE CONFERENCE proceeding held on 3/18/13
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...(Rodriguez,
Somari) (Entered: 03/28/2013)
03/28/2013 408 NOTICE of Change of Law Firm Name. Document filed by Matthew E. Perkins. (Hauser,
Sandra) (Entered: 03/28/2013)
03/29/2013 409 ORDER (Signed by Judge Denise L. Cote on 3/29/13) (abl) (Entered: 03/29/2013)
03/29/2013 410 MOTION for James Matthew Hamann to Appear Pro Hac Vice. Filing fee $ 200.00,
receipt number 0208-8369883. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY,
AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE
CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good
Standing)(Hamann, James) (Entered: 03/29/2013)
03/29/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No.
410 MOTION for James Matthew Hamann to Appear Pro Hac Vice. Filing fee $
200.00, receipt number 0208-8369883. Motion and supporting papers to be reviewed
by Clerk's Office staff.. The document has been reviewed and there are no
deficiencies. (bwa) (Entered: 03/29/2013)
03/29/2013 411 ORDER granting 410 Motion for James Matthew Hamann to Appear Pro Hac Vice
(HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
(Entered: 03/29/2013)
04/01/2013 412 ORDER (Signed by Judge Denise L. Cote on 4/1/13) (abl) (Entered: 04/01/2013)
04/01/2013 413 STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER FOR MATERIALS
PRODUCED BY HE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME
LOAN, INC. SO ORDERED. (Signed by Judge Denise L. Cote on 4/1/2013) (gr)
(Entered: 04/01/2013)
04/01/2013 414 ORDER that the modifications to the schedules in these coordinated actions requested by
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FHFA and many defendants, as reflected in FHFA's 3/29/13 status report, are approved.
(See Order for schedule) (Signed by Judge Denise L. Cote on 4/1/2013) (gr) (Entered:
04/01/2013)
04/02/2013 415 Letter addressed to Judge Cote from Lauren A. Moskowitz dated 3/29/2013 re: Pursuant to
paragraph 3 of the Courts February 27, 2013 Supplemental, we this status report on the
production and identification of, andstipulation to, Guidelines and Loan Files. Document
filed by defendantsCredit Suisse Holdings (USA), Inc., Credit Suisse (USA), Inc., Credit
Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Credit Suisse First Boston
Mortgage Securities Corporation, Asset Backed Securities Corporation, Credit Suisse First
Boston Mortgage Acceptance Corporation, Andrew A. Kimura, Jeffrey A. Altabef, Evelyn
Echevarria, Michael A. Marriott, Zev Kindler, Thomas E. Siegler, Thomas Zingalli, Carlos
Onis, Steven L. Kantor, Joseph M. Donovan, Juliana Johnson and Greg Richter
(collectively, Credit Suisse)(gr) (Entered: 04/02/2013)
04/03/2013 416 STIPULATION AND ORDER REGARDING THE DISCLOSURE OF FINDINGS,
REBUTTAL FINDINGS, AND ALTERNATE SAMPLES IN THE ABSENCE OF
STIPULATIONS AS TO LOAN FILES AND APPLICABLE GUIDELINES: IT IS
NOW STIPULATED AND AGREED BY THE PARTIES THAT: 1. By April 15, 2013,
the Parties shall conclude their efforts to stipulate to the remaining Loan Files and
applicable Guidelines for the Sample Loans pursuant to Paragraphs 1 and 2 of the ESO.
The ESO shall govern all procedures with respect to any Sample Loans where the Parties
have stipulated to Loan Files and applicable Guidelines pursuant to Paragraphs 1 and 2 of
the ESO. Each Party agrees to continue working in good faith to exchange information
concerning matching of applicable Guidelines and identification of the best representation
of the Guidelines and Loan Files after April 15, 2013 as further set forth in this order.
(Signed by Judge Naomi Reice Buchwald for Judge Denise L. Cote on 4/3/2013) (lmb)
(Entered: 04/03/2013)
04/12/2013 417 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Karen Bobrow to
Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8414925. Motion and
supporting papers to be reviewed by Clerk's Office staff. Document filed by
FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION. (Attachments: # 1 Order Granting Admission
Pro Hac Vice, # 2 Certificate of Good Standing - Karen Bobrow, # 3 Certificate of Service)
(Sheth, Manisha) Modified on 4/12/2013 (bcu). (Entered: 04/12/2013)
04/12/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice regarding Document No. 417 MOTION for Karen Bobrow to Appear
Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8414925. 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. Certificate of Good
Standing must be issued from State Court.. Re-file the document as a Corrected
Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing,
issued within the past 30 days. (bcu) (Entered: 04/12/2013)
04/15/2013 418 JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF
DILIGENCE LOAN INFORMATION TO NON-PARTIES: 1. If a Due Diligence File
Custodian, including but not limited to the Due Diligence File Custodians identified in the
attached Exhibit 1, requires Diligence Loan Information, including Non-Party Borrower
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Information, to identify and produce the requested due diligence files and related
documents ("Confidential Diligence Loan Information"), the Due Diligence File Custodian
may obtain the Confidential Diligence Loan Information as set forth in this Stipulation. 2.
Any Confidential Diligence Loan Information that was designated by a Defendant as
Confidential pursuant to the Protective Order may be disclosed by that Defendant to a Due
Diligence File Custodian in accordance with Paragraph 11 of the Protective Order as
further set forth in this order. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb)
(Entered: 04/15/2013)
04/15/2013 419 JOINT STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF
MEMORANDA RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING
REVIEWS OF ORIGINATORS AND THE SECURITIZATIONS: IT IS HEREBY
STIPULATED AND AGREED, by and between Plaintiff Federal Finance Housing
Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie
Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac"), and each
Defendant in the above-captioned actions ("the Parties"), by and through their undersigned
counsel, as follows: Defendants agree that they will not assert, and it will not be deemed,
that Plaintiff FHFA's production of memoranda summarizing Fannie Mae's anti-predatory
lending reviews of Originators and memoranda summarizing Fannie Mae's post-purchase
reviews of third party exception reports relating to the Securitizations (collectively "the
Documents") is a waiver of any claim of privilege that FHFA may assert as to documents
other than the Documents produced pursuant to this stipulation. All parties agree that they
will not assert, and it will not be deemed, that either the production of the Documents or
this stipulation constitutes evidence or an admission by any party that any documents other
than the Documents are or are not covered by any privilege. With respect to any documents
other than the Documents produced by Plaintiff FHFA pursuant to this Stipulation, all
parties reserve their rights to make arguments concerning privileges, waiver of privileges,
and the scope of any such waivers. No party takes a position on, and each reserves the right
to oppose (on grounds other than privilege), the use of the Documents as evidence. (Signed
by Judge Denise L. Cote on 4/15/2013) (lmb) (Entered: 04/15/2013)
04/16/2013 420 ORDER regarding FHFA's objection to the designation of certain documents by defendant
UBS as protected by the attorney-client privilege. (Signed by Judge Denise L. Cote on
4/16/13) (al) (Entered: 04/16/2013)
04/16/2013 421 ENDORSED LETTER addressed to Judge Cote from the UBS Defendants dated 4/16/13
re: Additional proposed redactions to the Thacher Memorandum. ENDORSEMENT:
These additional redactions are approved with one exception: The request to redact #5 is
denied. (Signed by Judge Denise L. Cote on 4/16/13) (al) (Entered: 04/16/2013)
04/17/2013 422 ORDER: In a series of letters beginning April 5, 2013, the parties raised several
outstanding discovery issues and requested a conference. The parties could not agree on a
time during the week of April 15, but were able to agree to a time the following week. It is
hereby ORDERED that a conference will be held to address these issues on Friday, April
26 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York,
New York., ( Status Conference set for 4/26/2013 at 02:00 PM in Courtroom 15B, 500
Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge
Denise L. Cote on 4/17/2013) (lmb) (Entered: 04/18/2013)
04/19/2013 423 MOTION for KAREN BOBROW to Appear Pro Hac Vice. Motion and supporting
papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing
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Agency. (Attachments: # 1 Exhibit April 5, 2013 letter from Reginald Goeke to Kanchana
Leung)(gr) (Entered: 04/23/2013)
04/23/2013 433 Letter addressed to Judge Cote from Manisha Sheth and Penny Shane dated 4/1/2013 re:
We write to update the Court on the status of the Parties efforts to identify all documents
that compose the Loan Files andGuidelines relating to the Sample Loans, pursuant to this
Courts Expert Scheduling Order, dated November 26, 2012 (the Order). Document filed by
FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION, J.P. Morgan Acceptance Corporation I, J.P.
Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase
& Co., JPMorgan Chase Bank N.A..(gr) (Entered: 04/23/2013)
04/23/2013 434 Letter addressed to Judge Cote from Sascha Rand dated 4/4/2013 re: to supplement its
report of March 29, 2013 to report on the production of Loan Files and Guidelines in the
Tranche 2, Tranche 3, and Tranche 4 Actions and topropose associated relief. Document
filed by Federal Housing Finance Agency.(gr) (Entered: 04/23/2013)
04/24/2013 435 Letter addressed to Your Honor from Penny Shane dated 4/5/2013 re: Defendants in the
above-referenced actions write in response to the Courts March 22 Order that [t]he parties
shall confer and design a process for selecting deponents. (gr) (Entered: 04/24/2013)
04/24/2013 436 Letter addressed to Judge Cote from Steven M. Cady dated 4/7/2013 re: I write on behalf
of Defendants in the above-captioned actions in response to FHFA's letter to the Court
dated 4/4/2013 regarding loan file collection. (gr) (Entered: 04/24/2013)
04/24/2013 437 Letter addressed to Judge Cote from Philippe Selendy, Richrd Schirtzer, Christine Chung,
Manisha Sheth and Kanchana Wangkeo Leung dated 4/10/2013 re: FHFA's Response to
Defendants' 4/5/2013 letter re: 20 Deposition limit. Document filed by Federal Housing
Finance Agency.(gr) (Entered: 04/24/2013)
04/24/2013 438 Letter addressed to Judge Cote from Steven M. Cady on behalf of Defendants in the
above-cationed actions dated 4/11/2013 re: After an opportunity to meet and confer with
FHFA regarding FHFA's letter dated April 4, Defendants and FHFA have resolved the
matters raised in FHFA's letter without the need for Court intervention. (gr) (Entered:
04/24/2013)
04/24/2013 439 Letter addressed to Judge Cote from Sascha N. Rand dated 4/11/2013 re: Pursuant to the
instructions received from Chambers on April 8, 2013 and the additional meet and confer
discussions between the parties, we write on behalf of Plaintiff Federal Housing Finance
Agency (FHFA) to update the Court regarding the status of Loan File production in the
Tranche 2,3, and 4 Actions. Document filed by Federal Housing Finance Agency.(gr)
(Entered: 04/24/2013)
04/24/2013 440 Letter addressed to Judge Cote from FHFA (Manisha Sheth) dated 3/25/13 re: UBS
production of on-site originator reviews. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit, # 4 Exhibit)(gr) (Entered: 04/24/2013)
04/25/2013 441 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine
H. Chung, Manisha M. Sheth and Michael A. Hanin dated 4/24/2013 re: Deadline for
Completion of Document Production and Privilege Logs. Document filed by Federal
Housing Finance Agency.(gr) (Entered: 04/25/2013)
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04/26/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held
on 4/26/2013. (Court Reporter Jennifer Thun) (gr) (Entered: 04/29/2013)
04/29/2013 442 ORDER: At a conference held on April 26, 2013, defendants raised the issue of inquiry
notice, and the Court indicated that it would provide counsel with a reference to its
discussion of inquiry notice in a previous opinion. Inquiry notice was addressed in the
Court's May 4, 2012, opinion granting in part and denying in part the motion to dismiss the
second amended complaint in the UBS Action, No. 11 Civ. 5201 (DLC), at page 19 et seq.
(Signed by Judge Denise L. Cote on 4/29/2013) (lmb) (Entered: 04/29/2013)
04/30/2013 443 ORDER: At a conference held on April 26, 2013, the Court discussed with defendants the
possibility of their submitting briefing regarding knowledge and other legal standards in this
case in advance of summary judgment practice. It is hereby ORDERED that any brief on
these issues by defendants shall be served by May 3, 2013. Plaintiff's opposition shall be
served by May 10, 2013. Defendants' reply shall be served by May 14, 2013. (Signed by
Judge Denise L. Cote on 4/30/2013) (lmb) (Entered: 04/30/2013)
04/30/2013 444 ORDER: In a series of letters beginning April 5, 2013, the parties raised several
outstanding discovery issues and requested a conference. A conference was held on April
26, but several issues remain outstanding. It is hereby ORDERED that a telephone
conference will be held to address these issues on Wednesday, May 1 at 10:30 AM., (
Telephone Conference set for 5/1/2013 at 10:30 AM before Judge Denise L. Cote.)
(Signed by Judge Denise L. Cote on 4/30/2013) (lmb) (Entered: 04/30/2013)
05/01/2013 445 ORDER: On May 1, 2013, the parties jointly submitted to the Court a proposed extension
of the briefing schedule established in the Court's Order of April 30. It is hereby
ORDERED that any brief on the legal issues mentioned in the Court's April 30 Order by
defendants shall be served by May 8, 2013. Plaintiff's opposition shall be served by May
15, 2013. Defendants' reply shall be served by May 20, 2013, at noon. (Signed by Judge
Denise L. Cote on 5/1/2013) (rsh) (Entered: 05/01/2013)
05/02/2013 446 ORDER It is hereby ORDERED that JPMorgan provide by May 3, 2013, a date by which
it expects to complete production of the Loan Files mentioned in FHFAs April 30 status
report. (Signed by Judge Denise L. Cote on 5/2/13)(abl) (Entered: 05/02/2013)
05/06/2013 447 ENDORSED LETTER addressed to Judge Cote from Counsel for Plaintiff Federal
Housing Finance Agency ("FHFA") regarding the Court's request during the 4/262013
status conference that FHFA provide by today a status report concerning the Tranche 3 and
4 Defendants' disclosure pursuant to the Supplemental Expert Scheduling Order ated
2/27/2013. FHFA respectfully request that the Court permit FHFA an additional two
business days, until 5/7/2013, to complete that process and submit the request status report.
Defendants consent to this brief extension dated 5/3/2013 ENDORSEMENT: Granted.
(Signed by Judge Denise L. Cote on 5/6/2013) (gr) (Entered: 05/06/2013)
05/06/2013 448 NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT KIM LUTTHANS
AND ORDER: Please take notice that Defendant Kim Lutthans substitutes her counsel of
record in this case., Attorney Theresa Marie Trzaskoma,David Elbaum for Kim Lutthans
added. Attorney William Compton Hughes; Sharon L. Nelles; Jonathan Michael Sedlak;
Penny Shane; Yavar Bathaee and David Allen Castleman terminated. (Signed by Judge
Denise L. Cote on 5/6/2013) (lmb) (Entered: 05/06/2013)
05/07/2013 449 ORDER that the Rating Agencies shall submit by May 13, 2013, letter briefs no longer
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to discuss the Rating Agencies' compliance with FHFA's subpoenas previously scheduled
for May 15 at 10:30 a.m. is adjourned to May 20, 2013, at 11:30 a.m., ( Telephone
Conference set for 5/20/2013 at 11:30 AM before Judge Denise L. Cote.) (Signed by Judge
Denise L. Cote on 5/8/2013) (lmb) (Entered: 05/09/2013)
05/09/2013 460 NOTICE OF APPEARANCE by Manisha M. Sheth on behalf of Federal Housing
Finance Agency (Sheth, Manisha) (Entered: 05/09/2013)
05/10/2013 461 Letter addressed to Judge Cote from Lauren A. Moskowitz dated 4/30/2013. Pursuant to
paragraph 3 of the Courts February 27, 2013 SupplementalExpert Scheduling Order for
Tranches 3 and 4 (the Tranche 3 and 4 ESO), defendants Credit Suisse Holdings (USA),
Inc., Credit Suisse (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage
Capital, Inc., Credit Suisse First Boston Mortgage Securities Corporation, Asset Backed
Securities Corporation, Credit Suisse First Boston Mortgage Acceptance Corporation,
Andrew A. Kimura, Jeffrey A. Altabef, Evelyn Echevarria, Michael A. Marriott, Zev
Kindler, Thomas E. Siegler, Thomas Zingalli, Carlos Onis, Steven L. Kantor, Joseph M.
Donovan, Juliana Johnson and Greg Richter (collectively,Credit Suisse) submit this status
report on the production and identification of, and stipulation to, Guidelines and Loan Files.
(gr) (Entered: 05/10/2013)
05/13/2013 462 ENDORSED LETTER addressed to Judge Cote from FHFA dated 5/10/13 re: production
of outstanding Sample Loan Files from third-party servicer Ocwen. ENDORSEMENT:
Any objection to the request, by a party to these actions, should be made by May 14 at
noon. (Signed by Judge Denise L. Cote on 5/13/13) (abl) (Entered: 05/13/2013)
05/13/2013 463 ORDER REGARDING DOCUMENT PRODUCTION DEADLINES. This Order shall
apply to all depositions taken after April 26, 2013 regardless of the date on which they
were noticed. (Signed by Judge Denise L. Cote on 5/13/2013) (gr) (Entered: 05/13/2013)
05/13/2013 464 NOTICE OF APPEARANCE by David Christopher Armillei on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION (Armillei, David) (Entered: 05/13/2013)
05/13/2013 465 NOTICE OF APPEARANCE by Rajat Rana on behalf of Federal Housing Finance
Agency (Rana, Rajat) (Entered: 05/13/2013)
05/14/2013 466 Letter addressed to Judge Cote from Brian Markley dated 5/13/2013. I write on behalf of
Standard & Poor's Financial Services, LLC ("S&P"), a non-party in the above-referenced
actions, with respect to the eltter submitted on 5/6/2013 by plaintiff FHFA, requesting that
S&P and two other non-party rating agencies bear their own costs of compliance with
certain subpoenas issued by FHFA. For the reasons set forth below, and in a separte letter
being submitted today by Moody's Investors Services, FHFA's request should be denied.
(Attachments: # 1 Exhibit Letter dated May 13 2013 to Judge Cote)(gr) (Entered:
05/14/2013)
05/14/2013 467 ORDER. Having reviewed the parties' recent submissions in connection with two
outstanding discovery issues to be addressed at a conference this week, the allocation of the
costs associated with identification and indexing of Guidelines in the Ally action and the
adequacy of defendants' disclosures regarding non-Supporting Loan Group sets, the Court
has concluded that the conference can be conducted in less than an hour. Accordingly, it is
hereby Ordered that a telephone conference will be held on May 17 2013 at 2:30 p.m.(
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Telephone Conference set for 5/17/2013 at 02:30 PM before Judge Denise L. Cote.)
(Signed by Judge Denise L. Cote on 5/14/2013) (gr) (Entered: 05/14/2013)
05/15/2013 468 Letter addressed to Judge Cote from Penny Shane dated 4/29/2013. On behalf of
defendants in the above-referenced actions (Defendants), asrequested at the April 26, 2013
conference with the Court, we write to identify instances inwhich Defendants objected to
the deposition limits the Court has set, under which FHFA maytake over 400 depositions of
Defendants but Defendants may take only 20 shared depositions ofFannie Mae, Freddie
Mac and FHFA/OFHEO. (gr) (Entered: 05/15/2013)
05/15/2013 469 Letter addressed to Judge Cote from Philippe Z. Selendy, Christine H. Chung, Kanchana
Wangkeo Leung, and Manisha Sheth dated 5/3/2013. We write on behalf of Plaintiff FHFA
to respond to the Courts request for information regarding FHFAs document production
since January 2013. (gr) (Entered: 05/15/2013)
05/15/2013 470 Letter addressed to Judge Cote from Penny Shane dated 5/3/2013. I write on behalf of
JPMorgan Chase Bank, N.A. ("Chase Bank") to report on Chase Bank's response to
subpoenas for loan records in Tranche 3 and 4 Actions where it is not a party. (gr) (Entered:
05/15/2013)
05/15/2013 471 ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy and Mark E.
Kasowitz dated 5/14/2013 re: We write on behalf of Plaintiff FHFA to request a short
extension of time to respond to Defendants' May 8 2013 Memorandum of Law Regarding
Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the
Applicable Legal Standards such that FHFA's opposition brief would be due on Monday,
May 20, and Defendants' reply brief would be due on Tuesday, May 28.
ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/15/2013) (gr)
(Entered: 05/15/2013)
05/16/2013 472 ORDER REGARDING DEFENDANTS' PRIVILEGE LOG DEADLINES. (Signed by
Judge Denise L. Cote on 5/16/2013) (gr) (Entered: 05/16/2013)
05/16/2013 473 STIPULATION AND ORDER REGARDING THE DEADLINE FOR STIPULATING
TO LOAN FILES AND APPLICABLE GUIDELINES. FHFA shall be given until May
31, 2013 to make the election to replace or retain Sample Loans in the Securitizations listed
in Exhibit I to this Stipulation and Order, pursuant to paragraph 4 of the ESO and
paragraph 2 of the Stipulation and Order Regarding the Disclosure of Findings, Rebuttal
Findings, and Alternate Samples in the Absence of Stipuations as to Loan Files and
Applicable Guidelines entered by the Court on April 3, 2013. (Signed by Judge Denise L.
Cote on 5/16/2013) (gr) (Entered: 05/16/2013)
05/16/2013 474 ORDER that, in the event the issues raised by FHFA in a letter dated May 15, 2013,
remain outstanding after meet and confer sessions between the parties, a telephone
conference will be held on Monday, May 20, 2013 at 2:30 p.m. (Signed by Judge Denise
L. Cote on 5/16/2013) (gr) (Entered: 05/16/2013)
05/17/2013 475 Letter addressed to Judge Cote from Edward J. Bennett dated 5/7/2013. We write in
response to FHFAs May 3, 2013 letter to the Court regarding its documentproduction.
FHFA states that its post-January 2013 production has been larger than FHFA anticipated
due to a number of factors including Defendants requests for additional searches and
productions of documents. and that it did not anticipate... the additional requests defendants
[sic] would make. Undoubtedly the parties will continue to vigorously disagree about the
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scope of document production and its proper implications for the overall schedule, but
FHFAs claim that Defendants are in any way the cause of the delays affecting its document
production is simply not correct. (gr) (Entered: 05/17/2013)
05/17/2013 476 Letter addressed to Judge Cote dated 5/7/2013 from Philippe Z. Selendy, Richard A.
Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin. On behalf of Plaintiff
Federal Housing Finance Agency (FHFA), and in response to the Courts directive at the
April 26, 2013 conference, we write to provide a status report concerning the adequacy of
the disclosure of Non-SLG sets by the Tranche 3 and 4 Defendants (the Defendants)
pursuant to the Supplemental Expert Scheduling Order for Tranches 3 and 4 dated
February 27, 2013 (the Order). Since the conference on April 26, 2013, FHFA has met
andconferred with each Tranche 3 and 4 Defendant bilaterally. Those discussions have
made it possible to isolate the following specific areas of disagreement, and the particular
Defendants with whom FHFA has the disagreement.(gr) (Entered: 05/17/2013)
05/17/2013 477 Letter addressed to Judge Cote from Steven M. Cady dated 5/13/2013. I write on behalf of
relevant defendants in response to Plaintiffs' May 10, 2013 letter regarding collection of
loan files from non-party Ocwen Loan Services, LLC. (gr) (Entered: 05/17/2013)
05/17/2013 478 Letter addressed to Judge Cote from Roberta A. Kaplan dated 5/13/2013. We represent
Fitch, Inc. ("Fitch") in connection with the subpoena dated July 5,2012, which the Federal
Housing Finance Authority ("FHFA") served on Fitch in the abovecaptioned actions (the
"Fitch Subpoena"). We submit this letter pursuant to the Court's Order of May 7, 2013, in
response to FHFA's letter of May 6, 2013 regarding the issue of reimbursement for costs
relating to compliance with the Fitch Subpoena (the "May 6 letter").(gr) (Entered:
05/17/2013)
05/17/2013 479 Letter addressed to Judge Cote from Manisha Sheth dated 5/17/2013 Document filed by
Federal Housing Finance Agency, FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. On behalf of
Plaintiff FHFA, we write to update the Court on the status of Defendants disclosures of
alternative sets of loan files in the Tranche 2 Actions. FHFA has separately addressed the
issue of alternative sets in the Tranche 1 action in a letter of May 15, 2013, and the relevant
parties have addressed Non-SLG Diligence sets in the Tranche 3 and 4 actions in letters of
May 7 (from FHFA), May 13 (from Tranche 3 and 4 Defendants), and May 16 (from
FHFA).(gr) (Entered: 05/17/2013)
05/17/2013 480 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine
H. Chung, Manisha M. Sheth, Michael A. Hanin dated 5/16/2013. Reply in Further
Support of Status Report re: Tranche 3 and 4 Non-SLG Sets. (Attachments: # 1 Exhibit)
(gr) (Entered: 05/17/2013)
05/17/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 5/17/2013. (Court Reporter Khris Sellin) (gr) (Entered: 05/17/2013)
05/20/2013 481 NOTICE OF APPEARANCE by Craig Scott Waldman on behalf of RBS Securities Inc.
(f/k/a Greenwich Capital Markets Inc.) (Waldman, Craig) (Entered: 05/20/2013)
05/20/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 5/20/2013. (Court Reporter Jerry Harrison) (gr) (Entered: 05/20/2013)
05/21/2013 482 Letter addressed to Judge Cote from Steven M. Cady dated 5/20/2013 re: I write on behalf
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of relevant Defendants in response to the Court's May 13, 2013 order requiring Defendants
to submit a status update on Ocwen's production by May 20, 2013. (gr) (Entered:
05/21/2013)
05/21/2013 483 Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine
H. Chung, Manisha M. Sheth, Kanchana Wangkeo Leung dated 5/21/2013. We write on
behalf of Plaintiff Federal Housing Finance Agency (FHFA) in response to Defendants
May 20, 2103 status update regarding Ocwens production. Defendants reference two hard
drives of loan files recently produced by Ocwen. Neither hard drive, however, alleviates
the ongoing delays referenced in FHFAs May 10, 2013 letter. Indeed, the parties had been
scheduled to receive one hard drive the day FHFA filed its May 10 letter, and the other
hard drive was a replacement for a corrupt drive Ocwen produced in April. With respect to
the 2,657 outstanding Sample Loan Files that actually are the subject of FHFAs May 10
letter, none has been produced. Although Ocwen anticipates making a production on May
22, over the last eight months, Ocwen has repeatedly failed to meet anticipated production
dates. Further, waiting for another status update as Defendants propose jeopardizes the May
31, 2013 matching deadline in the Tranche 3 and 4 actions. As of today, the parties will
have less than seven business days to determine how to address anyproduction issues,
process and distribute the 2,657 Sample Loan Files, and meet and confer to reach
agreement on matching the Sample Loan Files. (gr) (Entered: 05/21/2013)
05/21/2013 484 ORDER: In letters of May 20 and 21, 2013, the parties in these actions provided updates
on the status of the production of loan files by third-party Ocwen Loan Servicing, LLC
("Ocwen"). In their letter, defendants indicated that Ocwen anticipates completing its
production on May 22. It is hereby ORDERED that, in the event Ocwen does not
complete its production by May 22, defendants shall move no later than May 27 to compel
Ocwen to comply with their subpoenas and take all other steps necessary to ensure
immediate production., ( Motions due by 5/27/2013.) (Signed by Judge Denise L. Cote on
5/21/2013) (lmb) (Entered: 05/21/2013)
05/22/2013 485 ENDORSED LETTER addressed to Judge Cote from Jon Corey dated 5/21/2013 re: We
write on behalf of FHFA to seek a continuance of the response date for Defendants' Fifth
Set of Interrogatories, which are premature contention interrogatories served in violation of
Local Rule 33.3(c). FHFA asks the Court to continue the date for FHFA's response to the
close of fact discovery in each Action. ENDORSEMENT: The May 24 deadline is
adjourned sine die pending a conference on this dispute. The defendants have advised that
their written response will be submitted on May 23. (Signed by Judge Denise L. Cote on
5/22/2013) (gr) (Entered: 05/22/2013)
05/23/2013 486 ENDORSED LETTER addressed to Judge Cote from Steven M. Cady dated 5/23/13 re:
Ocwen loan file production. ENDORSEMENT: A conference shall be held on Friday,
May 24 at 10:30 a.m. (Signed by Judge Denise L. Cote on 5/23/13) (abl) (Entered:
05/23/2013)
05/23/2013 487 STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE PROTOCOL:
IT IS HEREBY AGREED, by and among the parties to the above-captioned FHFA-
related litigations presently pending before the Hon. Denise L. Cote, U.S.D.J., and the
Hon. Alvin W. Thompson, U.S.D.J. in the United States District Courts for the Southern
District of New York and Connecticut (the "FHFA Proceedings"), through their counsel,
that the following provisions of this Order shall govern expert reports, disclosures and
discovery with respect to testifying experts (each an "Expert") in the FHFA Proceedings:
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Notwithstanding Rule 26(a)(2)(B) and 26(b)(4) (or any other potentially applicable law,
statute, regulation or rule), the parties shall not be required to disclose or produce in
discovery or at any trial in the FHFA Proceedings any of the following documents or
information (the "Excluded Information"): (a) drafts of any report, affidavit, declaration,
written testimony, exhibit or disclosure prepared by or at the direction of the Expert,
counsel or other agent of the party proffering the Expert, or others working under the
supervision of or on behalf of the Expert in connection with the FHFA Proceedings or any
other matter, regardless of the form in which such draft is recorded as further set forth in
this order. (Signed by Judge Denise L. Cote on 5/23/2013) (lmb) (Entered: 05/24/2013)
05/24/2013 488 ORDER. In a conference held on May 24, 2013, counsel for third-party Ocwen Loan
Servicing, LLC ("Ocwen") indicated that Ocwen would complete production of the Loan
Files in its possession by May 29. It is therefore necessary to adjust the deadlines in the
Court's Order of May 21. In the event Ocwen does not complete its production by 5/29, the
defendant shall move no later than June 3 to compel Ocwen to comply with their
subpoenas and take all other steps necessary to ensure immediate production. IT IS
FURTHER ORDERED that the 5/31 deadline for identification of Loan Files applicable to
the Sample Loans set in the Court's 2/27 Supplemental Expert Scheduling Order for
Tranches 3 and 4 is hereby extended to June 7 as to those Loan Files produced by Ocwen
after 5/22. (Signed by Judge Denise L. Cote on 5/24/2013) (gr) (Entered: 05/24/2013)
05/24/2013 489 ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 5/24/2013 re:
We write to request an enlargement of time and pages for Defendant's Reply Memorandum
of Law Regarding Applicable Legal Standards and the Appropriate Standards for
Discovery in Light of the Applicable Legal Standards. ENDORSEMENT: Granted. The
reply is due May 30, 2013. (Signed by Judge Denise L. Cote on 5/26/2013) (gr) (Entered:
05/24/2013)
05/24/2013 490 ORDER: There are several outstanding discovery disputes in these cases, including issues
surrounding defendants' production of information pursuant to the Expert Scheduling
Orders, requests regarding the number of and time limits applicable to depositions, and
proposals for the adjustment of certain deadlines. It is hereby ORDERED that a conference
will be held to discuss these issues on Friday, May 31, 2013, at 10:00 a.m., ( Status
Conference set for 5/31/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by
Judge Denise L. Cote on 5/24/2013) (lmb) (Entered: 05/28/2013)
05/29/2013 491 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer,
Christine H. Chung, Manisha M. Sheth, and Michael A. Hanin dated 5/28/2013 re: On
behalf of Plaintiff the Federal Housing Finance Authority ("FHFA"), we write in response
to Defendants' May 24, 2013 letter requesting leave to submit ex parte an application to
increase the 20-deposition limit previously ordered by the Court. Document filed by
Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing
Finance Agency.(lmb) (Entered: 05/29/2013)
05/29/2013 492 Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 5/24/2013 re:
Defendants respectfully request that the Court enter an order permitting them to make the
partially ex parte submission described above. (lmb) (Entered: 05/29/2013)
05/29/2013 493 JOINT MOTION for Orders of Voluntary Dismissal with Prejudice and Bar Orders.
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
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dated 6/4/2013 re: We write on behalf of FHFA in response to Defendants' letter dated June
3, 2013, which requests that the Court provide Defendants with five consecutive days to
depose Michael Aneiro. Document filed by Federal Housing Finance Agency, Federal
Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance
Agency.(lmb) (Entered: 06/05/2013)
06/10/2013 501 STIPULATION AND ORDER REGARDING THE DEADLINE FOR STIPULATING
TO LOAN FILES AND APPLICABLE GUIDELINES. FHFA shall be given until
6/14/13 to make the election to replace or retain Sample Loans in the Securitizations listed
in Exhibit 1 to this Stipulation and Order, pursuant to paragraph 4 of the ESO and
paragraph of the Stipulation and Order Regading the Disclosure of Findings, Rebuttal
Findings, and Alternate Samples in the Absence of Stipultion as to Loan Files and
Applicable Guidelines entered by the Court on April 3, 2013. (Signed by Judge Denise L.
Cote on 6/10/2013) (gr) (Entered: 06/10/2013)
06/11/2013 502 ORDER AMENDING THE SUPPLEMENTAL EXPERT SCHEDULING ORDER
FOR TRANCHES 3 AND 4. (Signed by Judge Denise L. Cote on 6/11/2013) (gr)
(Entered: 06/11/2013)
06/13/2013 503 ENDORSED LETTER addressed to Judge Cote from Defendants (Penny Shane) dated
6/3/13 re: FHFA's sur-reply in response to defendants' May 30 submission.
ENDORSEMENT: The defendants may respond to any new material or arguments
contained in the sur-reply by June 18, 2013. (Signed by Judge Denise L. Cote on 6/13/13)
(abl) (Entered: 06/13/2013)
06/13/2013 504 ENDORSED LETTER addressed to Your Honor from Penny Shane and Catherine A.
Bernard dated 6/11/2013 re: We write on behalf of JPMorgan Chase & CO and its affiliated
entity defendants ("JPMorgan") and Ally Financial Inc. and its affiliated entity defendants
("Ally") with respect to the Joint Motion for Orders of Voluntary Dismissal with Prejudice
and Bar Orders, which was filed on May 29, 2013 by Plaintiff FHFA and Citigroup and its
affiliated entity defendants ("Citi'). We respectfully request an extension of time to submit
any response to the Motion, until Friday June 21, 2013. ENDORSEMENT: Granted.
(Signed by Judge Denise L. Cote on 6/12/2013) (gr) (Entered: 06/13/2013)
06/17/2013 505 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated
6/13/2013 re: Defendants respectfully request that the Court order FHFA to produce the
GSE's impairment/valuation calculations for the at-issue Certificates after the third quarter
of 2011. ENDORSEMENT: 1) The FHFA need only disclose the sale of Certificates at
issue in this litigation; they shall have no duty to disclose information about the potential
sales or analyses of potential sales. 2) The FHFA shall disclose its impairment calculation
spreadsheets for each quarter through March 31, 2013. There shall be no obligation to
disclose spreadsheets created after that date. There is no duty to disclose all documents
supporting impairment analyses. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb)
(Entered: 06/17/2013)
06/17/2013 506 ENDORSED LETTER addressed to Judge Denise L. Cote from Joseph N. Sacca dated
5/30/2013 re: On behalf of defendants in the above-referenced action ("Defendants"), we
write to request that the Court order FHFA to produce functional copies of or access to all
versions of the models, tools, and other systems (the "Models") Fannie Mae and Freddie
Mac (the "GSEs") used in connection with their purchases of PLS during the period 2005
through 2007 in a form sufficient to reveal the inputs and assumptions incorporated into the
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Models. ENDORSEMENT: Denied. As explained in the June 5 letter from FHFA, this
information is not currently accessible. (Signed by Judge Denise L. Cote on 6/17/2013)
(lmb) (Entered: 06/17/2013)
06/18/2013 507 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
6/17/2013 re: On behalf of Defendants in the above-referenced actions, we write to address
FHFA's letter of June 13 concerning Defendants' request to extend the deposition of
Michael Aneiro. ENDORSEMENT: The request for additional deposition time is denied.
The Court has read the entire deposition and considered the defendants' arguments for
additional time. The reason for this ruling will be placed on the record at a future
conference. (Signed by Judge Denise L. Cote on 6/18/2013) (lmb) (Entered: 06/18/2013)
06/18/2013 508 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
6/17/2013 re: I write on behalf of Defendants in the above referenced actions to request an
extension of time to file a response to FHFA's June 10, 2013 Sur-Reply In Opposition to
Defendants' Memorandum of Law Regarding Applicable Legal Standards ("Sur-Reply").
The Court's current deadline to submit a response is June 18, 2013. Defendants respectfully
request an extension to Thursday, June 20, 2013 in order to coordinate among Defendants.
ENDORSEMENT: Granted., ( Responses due by 6/20/2013.) (Signed by Judge Denise L.
Cote on 6/18/2013) (lmb) (Entered: 06/18/2013)
06/19/2013 509 ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard A.
Schirtzer, Christine H. Chung, Manisha M. Sheth Michael A. Hanin dated 6/17/2013 re:
On behalf of Plaintiff FHFA, we write regarding the Non-SLG Diligence Sets disclosed by
the Tranche 3 and 4 Defendants, and FHFA's analysis of loans within such Sets, pursuant
to the Supplemental Expert Scheduling Order dated 2/27/2013. FHFA respectfully requests
that the schedule be adjusted to allow it time to respond to Deutsche Bank's and RBS's late
disclosures be extended until 8/26/2013. Defendants Deutsche Bank and RBS have agreed
to this extension. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on
6/18/2013) (gr) (Entered: 06/19/2013)
06/24/2013 510 LETTER addressed to Judge Cote from Penny Shane and Catherine A. Bernard dated
6/21/2013 re: We write on behalf of JPMorgan Chase & Co. and its affiliated entity
defendants ("JPMorgan") and Ally Financial Inc. and its affiliated entity defendants
("Ally") in the above-captioned cases (the "Actions") with respect to the Joint Motion for
Orders of Voluntary Dismissal with Prejudice and Bar Orders (the "Motion"), which was
filed on May 29, 2013 by Plaintiff FHFA and Citigroup Inc and its affiliated entity. We
appreciate Your Honor's grant of an extension of time to respond to the Motion. Neither
JPMorgan nor Ally will oppose the motion. (gr) (Entered: 06/24/2013)
06/24/2013 511 ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE AND BAR ORDER: IT
IS ORDERED that the amended complaint in this Action, served on or about June 13,
2012, and all claims contained therein, is hereby dismissed with prejudice and without costs
as against CGMI only; IT IS ORDERED that (a) JPMorgan Chase & Co.; JPMorgan
Chase Bank, N.A.; J.P. Morgan Mortgage Acquisition Corporation and other parties as set
forth in this order are hereby permanently BARRED, ENJOINED and RESTRAINED
from commencing, prosecuting, or asserting any claim for contribution or indemnity
(whether styled as a claim for contribution, indemnity or otherwise) against CGMI, its
present and former parents, subsidiaries, divisions and affiliates, the present and former
partners, employees, officers and directors of each of them, the present and former
attorneys, accountants, insurers (but not affecting any obligation owed to CGMI by any
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insurer), and agents of each of them, and the predecessors, heirs, successors and assigns of
each (collectively, the "Settling Defendant"), that seeks to recover from the Settling
Defendant any part of any judgment entered against the Non-Settling Defendants and/or
any settlement reached with any of the Non-Settling Defendants, in connection with any
claims that are or could have been asserted against the Non-Settling Defendants in this
Action or that arise out of or relate to any claims that are or could have been asserted in this
Action, whether arising under state, federal, or foreign law as claims, cross-claims,
counterclaims, or third-party claims, whether asserted in this Action, in any federal or state
court, or in any other court, arbitration proceeding, administrative agency, or other forum in
the United States or elsewhere as further set forth in this order. IT IS FURTHER
ORDERED that this Court finds there is no just reason for delay and directs that final
judgment be entered pursuant to Federal Rule of Civil Procedure 54(b) dismissing the
claims against CGMI with prejudice and without costs pursuant to Rule 21 and/or 41(a)
(2)., Citigroup Global Markets, Inc. terminated. (Signed by Judge Denise L. Cote on
6/24/2013) (lmb) (Entered: 06/24/2013)
06/24/2013 Transmission to Judgments and Orders Clerk. Transmitted re: 511 Order of Dismissal, Add
and Terminate Parties, to the Judgments and Orders Clerk. (lmb) (Entered: 06/24/2013)
06/25/2013 512 CLERK'S RULE 54(b) JUDGMENT That for the reasons stated in the Court's Bar Order
dated June 24, 2013, that there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b),
final judgment is entered dismissing the claims against CGMI with prejudice and without
costs pursuant to Rule 21 and/or 41(a)(2). (Signed by Clerk of Court Ruby Krajick on
6/25/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 06/25/2013)
06/27/2013 513 NOTICE OF APPEARANCE by Stephanie G Wheeler on behalf of Goldman, Sachs &
Co.. (Wheeler, Stephanie) (Entered: 06/27/2013)
06/28/2013 514 OPINION & ORDER. Before the Court are defendants' memoranda of law regarding
applicable legal standards and the appropriate standards for discovery in light of the
applicable legal standards. The defendants have suggested over the course of this litigation
that the Court's discovery rulings have been premised on a faulty definition of the
"knowledge" defense that is available to them under Section 11 of the Securities Act of
1933 ("Securities Act"). In this briefing they address the legal standard for their affirmative
defense that the plaintiff actually knew of the alleged misrepresentations in the Prospectus
Supplements that governed its securities purchases. The defendants have taken this
opportunity to address as well the legal standards for several of the elements and other
defenses of the Securities Act claims in this litigation and to argue that the application of
incorrect legal standards has deprived them of certain discovery from a portion of the
plaintiff's business described below: the Single Family business. For the reasons stated
below, the Court concludes that its previous discovery rulings have been made under the
correct legal standards and need not be revisited. (Signed by Judge Denise L. Cote on
6/28/2013) (gr) (Entered: 06/28/2013)
06/28/2013 515 ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo
Leung dated 6/28/2013 re: FHFA's request for permission to move for a protective order re
Defendants' non-party subpoenas. ENDORSEMENT: BoA shall respond by July 1, 2013.
(Signed by Judge Denise L. Cote on 6/28/2013) (gr) (Entered: 06/28/2013)
07/01/2013 516 STIPULATION AND ORDER REGARDING THE DEADLINE FOR
DEFENDANT'S DISCLOSURE OF ALTERNATIVE SETS DRAWN ON A BASIS
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Civ. 6200 (DLC); FHFA v. Deutsche Bank AG, et al., 11 Civ. 6192 (DLC); and FHFA v.
Goldman, Sachs & Co., et al., 11 Civ. 6198 (DLC) (the "Tranche 3" cases) are scheduled
to begin on September 29, 2014. It is hereby ORDERED that if any of these trials do not
occur because of settlement, or are conducted earlier due to a settlement in another one of
these actions, one of these three Tranche 4 cases will be tried in its place: FHFA v. Morgan
Stanley, et al., 11 Civ. 6739 (DLC); FHFA v. HSBC North America Holdings, Inc., et al.,
11 Civ. 6189 (DLC); or FHFA v. Ally Financial Inc., et al., 11 Civ. 7010 (DLC). Ready for
Trial by 9/29/2014. (Signed by Judge Denise L. Cote on 7/12/2013) (rsh) (Entered:
07/15/2013)
07/12/2013 534 ORDER: In Orders of July 2 and 10, 2013, the Court directed the parties to indicate by
10:00 a.m. on July 12 whether any of the material in their briefing on knowledge and other
legal standards required redaction from the public record despite the presumption of access
that attaches to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d
110, 119-20 (2d Cir. 2006). On July 12, the parties indicated in separate letters that they did
not view any of the material in the briefs as requiring redaction. It is hereby ORDERED
that the parties shall file their briefing in unredacted form by July 15, 2013. IT IS
FURTHER ORDERED that the parties shall advise the Court by July 26, 2013, whether in
their view any material in the exhibits accompanying the briefs meets the standard
described in the Court's Order of July 2 and therefore requires redaction. (Brief due by
7/15/2013.) (Signed by Judge Denise L. Cote on 7/12/2013) (rsh) Modified on 7/16/2013
(rsh). (Entered: 07/15/2013)
07/15/2013 535 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF
Memorandum of Law Regarding Applicable Legal Standards And The Appropriate
Standards For Discovery In Light Of The Applicable Legal Standards. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke.(Shane, Penny) Modified on 7/16/2013 (ka). (Entered: 07/15/2013)
07/15/2013 536 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY
re: 535 Brief,,,, Memorandum of Law Regarding Applicable Legal Standards and the
Appropriate Standards for Discovery in Light of the Applicable Legal Standards.
Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC,
David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey,
Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen
Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan
Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co.,
JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King,
Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities
Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker,
Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset
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Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga,
Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage
LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I,
J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan
Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr,
William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach
Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L.
Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered:
07/16/2013)
07/16/2013 540 SUPPLEMENTAL MEMORANDUM OF LAW re: 538 Memorandum of Law,,,,
Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in
Light of the Applicable Standards. Document filed by Bear Stearns & Co., Inc., Bear
Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth,
Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk,
EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance
Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities,
LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T.
Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo,
Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak,
Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny)
(Entered: 07/16/2013)
07/17/2013 541 LETTER addressed to Judge Cote from UBS defendants dated 5/22/13 re: request to adjust
certain deadlines. (Attachments: # 1 Text of Proposed Order) (abl) (Entered: 07/17/2013)
07/17/2013 542 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/23/13 re:
Status of Ocwen loan file production. (abl) (Entered: 07/17/2013)
07/17/2013 543 LETTER addressed to Judge Cote from JPMorgan Chase Defendants (Penny Shane) dated
5/23/13 re: Expert Scheduling Order disclosures. (abl) (Entered: 07/17/2013)
07/17/2013 544 LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 5/24/13 re:
Adding Cindy Workman as a document custodian. (Attachments: # 1 Exhibit, # 2 Exhibit,
# 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (abl) (Entered:
07/17/2013)
07/17/2013 545 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re:
Procedure fo extending two-day deposition limit. (abl) (Entered: 07/17/2013)
07/17/2013 546 LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re:
Request to submit an ex parte application for additional depositions. (abl) (Entered:
07/17/2013)
07/17/2013 547 LETTER addressed to Judge Cote from FHFA dated 5/29/13 re: Defendants' 5/24 request
for additional deposition time. (abl) (Entered: 07/17/2013)
07/17/2013 548 ORDER: On July 12, 2013, defendants filed a motion for reconsideration of the Court's
June 28 Opinion and Order regarding knowledge and other legal standards as they apply to
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discovery in these cases. It is hereby ORDERED that plaintiff shall file its opposition by
July 26, 2013. IT IS FURTHER ORDERED that any reply by defendants shall be filed by
August 2, 2013. (Responses due by 7/26/2013, Replies due by 8/2/2013.) (Signed by
Judge Judge Paul A. Crotty, Part I. for Denise Cote on 7/17/2013) (rsh). (Entered:
07/17/2013)
07/18/2013 549 LETTER addressed to Judge Cote from Defendants (Joseph N. Sacca) dated 5/30/13 re:
GSE valuation models. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5
Exhibit, # 6 Exhibit) (abl) (Entered: 07/18/2013)
07/18/2013 550 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re:
Status of Ocwen loan file production. (abl) (Entered: 07/18/2013)
07/18/2013 551 LETTER addressed to Judge Cote from Defendants Bank of America and Merrill Lynch
(Edward J. Bennett) dated 5/30/13 re: Recent GSE impairment/valuation calculations. (abl)
(Entered: 07/18/2013)
07/18/2013 552 LETTER addressed to Judge Cote from FHFA (Jonathan B. Oblak) dated 5/30/13 re:
Defendants' requests in letters of 5/30. (abl) (Entered: 07/18/2013)
07/18/2013 553 LETTER addressed to Judge Cote from FHFA dated 5/30/13 re: Supplementation of
FHFA's samples in the Tranche 3 and 4 actions. (abl) (Entered: 07/18/2013)
07/18/2013 554 LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re:
Second update on status of Ocwen loan file production. (abl) (Entered: 07/18/2013)
07/18/2013 555 NOTICE OF APPEARANCE by Steven Lyon Holley on behalf of Bear Stearns & Co.,
Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry
Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David
M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens,
Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann,
Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke. (Holley, Steven) (Entered: 07/18/2013)
07/18/2013 556 NOTICE OF APPEARANCE by Robert Andrew Sacks on behalf of Bear Stearns & Co.,
Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry
Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David
M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens,
Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann,
Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke. (Sacks, Robert) (Entered: 07/18/2013)
07/18/2013 557 LETTER addressed to Judge Cote from FHFA dated 5/31/13 re: Defendants' 5/24 request
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take two depositions of GSE witnesses beyond the twenty depositions allotted to
defendants and to add an additional document custodian. FHFA opposed this request in a
letter of July 18. It is hereby ORDERED that the requests in First Horizon's July 12 letter
are denied without prejudice to renewal. IT IS FURTHER ORDERED that defendants
may jointly present any renewed request for additional depositions at such time as they are
able to determine the total number of additional depositions that will be requested, rather
than presenting such requests ad seriatim. (Signed by Judge Denise L. Cote on 7/31/2013)
(mro) (Entered: 08/05/2013)
08/01/2013 576 NOTICE OF APPEARANCE by Steven William Perlstein on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION. (Perlstein, Steven) (Entered: 08/01/2013)
08/01/2013 577 ORDER: Pursuant to an Order of February 27, 2013 1 the FHFA's re-underwriting expert
report for Tranche 3 and 4 cases is due October 11, 2013. In letters of July 29 and July 31,
the FHFA and defendants in the Tranche 3 and 4 cases, respectively, address the schedule
for that report, any rebuttal report, and for summary judgment practice. It is hereby
ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for each
Tranche 3 and 4 case (1) the number of securitizations, (2) the number of securitizations for
which a re-underwriting expert report can be produced by October 11, 2013, and (3) the
date(s) by which any supplemental re-underwriting expert report may be produced for the
remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh) (Entered:
08/01/2013)
08/01/2013 578 ORDER: Pursuant to a stipulation of April 3, 2013, the FHFA's re-underwriting expert
report for the JPMorgan action, No. 11 Civ. 6188 (DLC), is due August 23, 2013. In letters
of July 29 and August 1, the FHFA and JPMorgan, respectively, address the schedule for
that report, any rebuttal report, and for summary judgment practice. It is hereby
ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for the
JPMorgan action (1) the number of securitizations associated with Bear Stearns, WaMu,
and the remainder of the JPMorgan action; (2) the number of such securitizations for which
a re-underwriting expert report can be produced by August 23, 2013; and (3) the date(s) by
which any supplemental re-underwriting expert report may be produced for the remaining
securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh) (Entered: 08/01/2013)
08/02/2013 579 NOTICE OF APPEARANCE by James Joseph Beha, II on behalf of Thomas F. Marano,
Michael B. Nierenberg. (Beha, James) (Entered: 08/02/2013)
08/02/2013 580 DECLARATION of Penny Shane in Support re: 538 Memorandum of Law,,,,. Document
filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David
Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E.
Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato,
Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage
Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan
Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne
Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc
K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr,
Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
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J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan
Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr,
William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach
Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L.
Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered:
08/06/2013)
08/06/2013 586 JOINDER to join re: 585 MOTION to Sever. Notice of Joinder and Joinder in Defendant's
Motion for Severance. Document filed by Keith Johnson, John F. Robinson.(Holloway,
Jessica) (Entered: 08/06/2013)
08/06/2013 588 ORDER: that a conference will be held on August 14, 2013 at 2:30 p.m. in Courtroom
15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by
Judge Denise L. Cote on 8/6/2013) (tn) (Entered: 08/07/2013)
08/07/2013 587 ORDER. On 8/6/2013, defendants served a motion for severance. It is hereby ORDERED
that plaintiff's opposition shall be served by 8/23/13. IT IS FURTHER ORDERED that
defendants' reply be served by 8/30/13. (Signed by Judge Denise L. Cote on 8/7/2013) (gr)
(Entered: 08/07/2013)
08/07/2013 589 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
8/2/2013 re: Defendants do not propose to redact any portions of the aforementioned
documents. However, this letter serves to provide Plaintiff FHFA with the opportunity to
redact portions of Defendants' Reply Memorandum and supporting documentation prior to
filing. ENDORSEMENT: Any request for redactions by FHFA shall be submitted by
August 9, 2013. (Signed by Judge Denise L. Cote on 8/6/2013) (tn) (Entered: 08/07/2013)
08/07/2013 590 NOTICE of Joinder in the Defendants' Motion for Severance re: 585 MOTION to Sever..
Document filed by Thomas F. Marano, Michael B. Nierenberg. (Haims, Joel) (Entered:
08/07/2013)
08/07/2013 591 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU -
JOINDER to join re: 585 MOTION to Sever. The Bear Stearns Individual Defendants'
Memorandum of Law in Support of the Defendants' Motion for Severance. Document filed
by Thomas F. Marano, Michael B. Nierenberg.(Haims, Joel) Modified on 8/8/2013 (ka).
(Entered: 08/07/2013)
08/08/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR.
Note to Attorney Joel Charles Haims to RE-FILE Document 591 Joinder. Use the
event type Memorandum of Law in Support of Motion found under the event list
Replies, Opposition and Supporting Documents. (ka) (Entered: 08/08/2013)
08/08/2013 592 MEMORANDUM OF LAW in Support re: 585 MOTION to Sever. The Bear Stearns
Individual Defendants' Memorandum of Law in Support of the Defendants' Motion for
Severance. Document filed by Thomas F. Marano, Michael B. Nierenberg. (Haims, Joel)
(Entered: 08/08/2013)
08/09/2013 593 ORDER. In an Order of July 2, 2013, the Court directed Williams & Connolly to take
various steps in connection with its asserted improper contact with represented witnesses,
including providing to the Court on an ex parte basis a list of all witnesses represented by
counsel for FHFA with whom Williams & Connolly has had ex parte contact. This
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FHFA to provide the Court with a copy of the brief filed by the Office of the Comptroller
of the Currency ("OCC") as amicus curiae in Union Bank of California v. Superior Court,
No A107553 (Cal. Ct. App. Sep. 3, 2004). ENDORSEMENT: The parties shall meet and
confer and advise this Court by Tuesday, August 20, whether it is necessary for the Court
to review the Chase procedures that produced the documents and samples of the
documents. The Court is available to do so on Wednesday, August 21 and during the
morning of Thursday, August 22. (Signed by Judge Denise L. Cote on 8/16/2013) (gr)
(Entered: 08/16/2013)
08/16/2013 602 LETTER addressed to Judge Cote from Sharon Nelles dated 8/15/2013 re: I write on
behalf of JPMorgan Chase & Co. and its affiliated defendants to address the question posed
by Your Honor yesterday concerning JPMorgan's motion to sever and try separately the
claims in this Action pertaining to the separate and distinct securitizations of the JPMorgan,
Bear Stearns and Washington Mutual institutional defendant groups. Document filed by J.P.
Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A..(gr)
(Entered: 08/16/2013)
08/16/2013 603 MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke.(Shane, Penny) (Entered: 08/16/2013)
08/16/2013 604 MEMORANDUM OF LAW in Support re: 603 MOTION for Reconsideration re; 514
Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum &
Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.
MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke. (Shane, Penny) (Entered: 08/16/2013)
08/16/2013 605 DECLARATION of Penny Shane in Support re: 603 MOTION for Reconsideration re;
514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum &
Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.
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MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D,
# 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, #
11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit
P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22
Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit
AA, # 28 Exhibit BB, # 29 Exhibit CC)(Shane, Penny) (Entered: 08/16/2013)
08/16/2013 606 REPLY MEMORANDUM OF LAW in Support re: 603 MOTION for Reconsideration
re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum
& Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.
MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm.
(Shane, Penny) (Entered: 08/16/2013)
08/16/2013 607 DECLARATION of Penny Shane in Support re: 603 MOTION for Reconsideration re;
514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum &
Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.
MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
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behalf of JPMorgan Chase & Co. ("JPMorgan") and its affiliated defendants in response to
FHFA's proposal that the Court impose a dramatically modified pretrial schedule on
JPMorgan to resolve FHFA's inability to meet this Court's expert discovery deadlinse. (gr)
(Entered: 08/23/2013)
08/23/2013 615 ORDER REGARDING THE PRETRIAL SCHEDULE. The parties shall continue to
meet and confer regarding a summary judgment schedule and may request a modification
of the summary judgment schedule by September 6, 2013. (Signed by Judge Denise L.
Cote on 8/23/2013) (gr) (Entered: 08/23/2013)
08/26/2013 616 ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 8/23/2013 re: I
write on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. and their related
entity defendants in this action (collectively, "JPMorgan"). Since the conference before the
Court on August 22, 2013, my colleagues and I have begun coordinating with JPMorgan
to locate and select documents for in camera review in accordance with the Court's
instructions. Following our preliminary conversations on this topic, it is now clear that
additional time (beyond the September 3 date that I requested at the conference) will be
required to accomplish this task. ENDORSEMENT: Denied. As described in the 8/26/13
letter from Ms. Sheth, the production of documents for in camera review is limited. To
reduce any burden, JPMorgan should produce the referred, LRS and for 2 examples, the
SAR; it need not produce the investigative file for the "sample sets". (Signed by Judge
Denise L. Cote on 8/26/2013) (gr) (Entered: 08/26/2013)
08/26/2013 617 ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 8/26/2013....We
are mindful that Your Honor requested that FHFA set foth the reasons why it believes
particular documents are not protected, and to provide example of such documents for Your
Honor's review. To the extent any documents identified by FHFA are protected from
discloures, JPMorgan, is of course, willing to submit them to Your Honor for in camera
review. However, allowing JPMorgan the opportunity to first review those documents may
narrow the set of documents or types of documents in dispute and will allow for protection
of any inadvertently produced information. We request that Your Honor endorse this letter
to confirm this approach. ENDORSEMENT: Please determine whether FHFA has rejected
your request. If there is a dispute, the Court will address it. (Signed by Judge Denise L.
Cote on 8/26/2013) (gr) (Entered: 08/26/2013)
08/26/2013 618 LETTER addressed to Judge Cote from Manisha M. Sheth dated 8/26/2013 re: We write
on behalf of FHFA to oppose JPMorgan's August 23 letter application requesting 26 days
to submit a limited number of documents to the Court to assist it in resolving FHFA's
application to compel production of Fraud Reports. (gr) (Entered: 08/26/2013)
08/27/2013 619 ENDORSED LETTER addressed to Judge Cote from Manisha M. Sheth dated 8/26/2013
re: FHFA respectfully requests that the COurt direct JPMorgan to submit to the Court, by
noon tomorrow, the single document that was cited by FHFA during the August 22
telephone conference....and subsequently clawed by by JPMorgan so that the Court can
resolve the threshold issue of whether this document is protected from disclosure by federal
law and related regulations. ENDORSEMENT: FHFA may provide to the Court this LRS
('473) and others from the set of 75 that it would like the Court to review despite the
clawback request. (Signed by Judge Denise L. Cote on 8/27/2013) (gr) (Entered:
08/27/2013)
08/28/2013 620 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 8/22/2013
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before Judge Denise L. Cote. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that
date it may be obtained through PACER. Redaction Request due 9/23/2013. Redacted
Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/2/2013.
(Rodriguez, Somari) (Entered: 08/28/2013)
08/28/2013 621 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a TELEPHONE CONFERENCE proceeding held on 8/22/13 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...(Rodriguez, Somari)
(Entered: 08/28/2013)
08/30/2013 622 MEMORANDUM OF LAW in Opposition re: 598 Memorandum of Law in Support of
Motion,, 599 Declaration in Support of Motion,, 597 MOTION for Judgment on the
Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the
Pleadings.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal
Housing Finance Agency. (Goldstein, Jordan) (Entered: 08/30/2013)
08/30/2013 623 DECLARATION of JORDAN A. GOLDSTEIN in Opposition re: 598 Memorandum of
Law in Support of Motion,, 599 Declaration in Support of Motion,, 597 MOTION for
Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment
on the Pleadings.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal
Housing Finance Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)
(Goldstein, Jordan) (Entered: 08/30/2013)
09/03/2013 624 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew T. Frankel dated
8/27/2013 re: Defendants and FHFA have agreed to the following briefing schedule for
such a motion: Defendants' motion due: August 30, 2013. FHFA's opposition due:
September 17, 2013. Defendants' reply due: September 24, 2013. ENDORSEMENT:
Granted. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Main Document 624
replaced on 9/3/2013) (mt). (Entered: 09/03/2013)
09/03/2013 625 ENDORSED LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated
8/23/2013 re: Pursuant to Section 4.A of Your Honor's Individual Practices in Civil Cases,
we request that (i) Exhibits 3, 4, and 6 be filed under seal and (ii) page 6 and footnote 13 to
Plaintiff's Memorandum of Law be partially redacted. ENDORSEMENT: Redaction
requests are granted. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Entered:
09/03/2013)
09/03/2013 626 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
8/6/2013 re: Defendant JPMorgan Chase & Co. and affiliated defendants request that
Exhibits A, B, C and D be redacted in their entirety prior to filing. ENDORSEMENT: The
redactions are approved. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Entered:
09/03/2013)
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09/03/2013 627 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
8/30/2013 re: while Defendants do not believe redactions to Defendants' Reply
Memorandum of Law in Support of its Motion for Severance and the accompanying
Declaration of Penny Shane, dated August 30, and exhibits are required, this letter serves to
provide Plaintiff FHFA with the opportunity to redact portions of Defendant's Reply
Memorandum and supporting documentation prior to filing. ENDORSEMENT: Any
requests to redact by FHFA are due 9/6/13. (Signed by Judge Denise L. Cote on 9/3/2013)
(gr) (Entered: 09/03/2013)
09/03/2013 628 LETTER addressed to Judge Denise L. Cote from Jon Corey dated 9/3/2013 re: FHFA
Response to Defendants' 8/23/13 letter. Document filed by Federal Housing Finance
Agency.(Goldstein, Jordan) (Entered: 09/03/2013)
09/04/2013 629 ORDER. On September 3, 2013, the Southern District of New York began allowing
attorneys to file letters to the court electronically via ECF. This change is reflected in the
current, newly revised version of this Courts individual practices in civil cases. Due to the
volume of proposed redactions to letters in the above captioned actions, however, the
individual practices are modified as follows. It is hereby ORDERED that the parties in the
above-captioned actions shall file letters to the Court via ECF, with the following
exception. Should a party wish to redact portions of a letter or file its accompanying
exhibits under seal, the party may file the letter and any exhibits for which the party
requests sealing in redacted form on ECF and simultaneously provide to Chambers via
email an unredacted copy of the letter and all the supporting exhibits. Where the exhibits
exceed ten pages, the parties must follow the procedure in the individual practices and
submit hard copies to Chambers. Any emailed letter should indicate that a redacted version
of the letter has been filed via ECF. (Signed by Judge Denise L. Cote on 9/4/2013) (gr)
(Entered: 09/04/2013)
09/04/2013 630 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/05/2013)
09/05/2013 631 LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9/5/2013 re:
Redactions to Defendants' Reply Memorandum of Law in Support of its Motion for
Severance. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Sheth,
Manisha) (Entered: 09/05/2013)
09/05/2013 632 ORDER. On 9/3/13, the parties each provided submissions regarding the discoverability of
certain categories of documents that have been referred to broadly as "fraud reports." It is
hereby ORDERED that nay responsive submissions by either party shall be filed by
9/17/13. Any reply submissions shall be filed by 9/23/13. (Signed by Judge Denise L. Cote
on 9/5/2013) (gr) (Entered: 09/05/2013)
09/06/2013 633 REPLY MEMORANDUM OF LAW in Support re: 597 MOTION for Judgment on the
Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the
Pleadings.. Document filed by David Beck, Brian Bernard, Larry Breitbarth, Richard
Careaga, Thomas W. Casey, Christine E. Cole, David M. Duzyk, Stephen Fortunato,
Katherine Garniewski, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King,
Suzanne Krahling, Thomas G. Lehmann, Edwin F. McMichael, Diane Novak, Louis
Schioppo, Jr, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/06/2013)
09/09/2013 634 MEMORANDUM OF LAW in Support re: 585 MOTION to Sever.. Document filed by
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Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland
Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G.
Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm,
David H. Zielke. (Shane, Penny) (Entered: 09/09/2013)
09/09/2013 635 DECLARATION of Penny Shane in Support re: 585 MOTION to Sever.. Document filed
by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck,
Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole,
Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine
Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank
N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling,
Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K.
Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr,
Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Shane, Penny) (Entered: 09/09/2013)
09/09/2013 636 REPLY MEMORANDUM OF LAW in Support re: 585 MOTION to Sever.. Document
filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David
Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E.
Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato,
Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage
Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan
Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne
Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc
K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr,
Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/09/2013)
09/09/2013 637 DECLARATION of Penny Shane in Support re: 585 MOTION to Sever.. Document filed
by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck,
Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole,
Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine
Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition
Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank
N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling,
Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K.
Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr,
Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
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for Severance of JP Morgan Chase & Co. and Affiliated Defendants. Document filed by
RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.).(Rice, Thomas) (Entered:
09/10/2013)
09/10/2013 644 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Penny Shane
dated September 10, 2013. Document filed by Bear Stearns & Co., Inc., Bear Stearns
Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard
Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC
Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance
Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities,
LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T.
Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo,
Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak,
Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1
Appendix I, # 2 Appendix II, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, #
7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Shane, Penny) (Entered:
09/10/2013)
09/11/2013 645 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy,
Richard A. Schirtzer, Christine Chung, Manisha Sheth, Erice Bruce and Kanchana
Wangkeo Leung dated 9/9/2013 re: FHFA concurs in Defendants' proposed redactions of
the entirety of Exhibit H, as well as footnote 17 on page 15 of their Memorandum of Law.
FHFA does not believe any additional redactions are necessary related to Defendants'
recent filing. ENDORSEMENT: The redactions are approved. [Counsel to file the
approved redations.] (Signed by Judge Denise L. Cote on 9/11/2013) (gr) (Entered:
09/11/2013)
09/11/2013 646 LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Penny
Shane dated September 11, 2013. Document filed by Bear Stearns & Co., Inc., Bear
Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance
Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities,
LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities
Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance
Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities
Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)
(Shane, Penny) (Entered: 09/11/2013)
09/11/2013 647 MOTION to Compel Production of Documents. Document filed by Bear Stearns & Co.,
Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry
Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David
M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens,
Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann,
Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F.
McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset
Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital
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an important part of the evidence that FHFA will present at trial. For these reasons,
Defendants' letter application seeking to preclude FHFA from serving such report should
be denied outright. ENDORSEMENT: To the extent FHFA is evaluating the appraisals
vis-a-vis industry standards, that is not a violation of the ESO. (Signed by Judge Denise L.
Cote on 9/13/2013) (gr) (Entered: 09/13/2013)
09/13/2013 653 ORDER: In two letters of September 9, the defendants make several requests regarding the
deposition limit in these actions. First, all defendants request (1) that they be permitted to
"use their remaining deposition days" flexibly, deposing individuals for either one day or
two days, at the defendants' option, and (2) that they be afforded an additional ten
deposition days. Second, the defendants in seven of these cases request the opportunity to
take the depositions of ten more witnesses for their cases. The defendants do not indicate
whether these two letters represent their final requests for additional depositions of FHFA.
It is hereby ORDERED that the parties shall meet and confer to determine whether both
FHFA and the defendants agree that all parties may use their remaining deposition days
"flexibly," so each day may be used for a single deposition. IT IS FURTHER ORDERED
that the defendants shall indicate whether the requests made in the two September 9 letters
are their final requests for additional depositions of FHFA. IT IS FURTHER ORDERED
that the parties shall provide updates regarding these issues by September 18, 2013.
(Signed by Judge Denise L. Cote on 9/13/2013) (lmb) (Entered: 09/13/2013)
09/16/2013 654 NOTICE OF APPEARANCE by David Harrison McGill on behalf of FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION. (McGill, David) (Entered: 09/16/2013)
09/16/2013 655 STIPULATION AND ORDER OF DISMISSAL REGARDING DISMISSAL OF
DEFENDANT STEPHEN LOBO without prejudice... without costs. (So Ordered by
Judge Denise L. Cote on 9/16/2013) (gr) (Entered: 09/16/2013)
09/16/2013 656 LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 9/16/2013 re:
Response to JPMorgans September 11, 2013 Letter. Document filed by FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION, Federal Housing Finance Agency.(Selendy, Philippe)
(Entered: 09/16/2013)
09/17/2013 657 LETTER RESPONSE in Opposition to Motion addressed to Judge Denise L. Cote from
Jon Corey dated 9/17/2013 re: 644 LETTER MOTION for Conference addressed to Judge
Denise L. Cote from Penny Shane dated September 10, 2013.. Document filed by
FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency.
(Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2 - Redacted, # 3 Exhibit 3, # 4 Exhibit
4 - Redacted)(Goldstein, Jordan) (Entered: 09/17/2013)
09/18/2013 658 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9/18/2013 re:
Parties Joint Update to the court Court regarding Deposition Limits. Document filed by
FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION.(Oblak, Jonathan) (Entered: 09/18/2013)
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09/18/2013 659 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.18.2013 re:
Parties' Joint Update to the Court regarding Deposition Limits. Document filed by
FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION.(Oblak, Jonathan) (Entered: 09/18/2013)
09/20/2013 660 LETTER addressed to Judge Denise L. Cote from Penny Shane dated September 20, 2013
re: Extension of the Deadline to Submit a Reply Brief in Support of Defendants' Motion for
a Protective Order. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset
Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga,
Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage
LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I,
J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan
Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr,
William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach
Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L.
Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset
Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage
Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered:
09/20/2013)
09/20/2013 661 LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9.20.13 re:
Expert Disclosures. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Sheth,
Manisha) (Entered: 09/20/2013)
09/23/2013 662 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
9/20/2013 re: We respectfully request a two-day extension of the deadline to submit a reply
brief in support of the Motion, until Wednesday, September 25, 2013. FHFA does not
oppose the request for additional time. ENDORSEMENT: Granted. (Signed by Judge
Denise L. Cote on 9/23/2013) (gr) (Entered: 09/23/2013)
09/23/2013 663 ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated
9/11/2013 re: We write on behalf of J.P. Morgan Chase & Co. and its affiliated entity
defendants (Collectively "JPMorgan") regarding FHFA's repeated failure to adhere to the
expert deadlines set by this Court and to seek relief for the resulting prejudice to JPMorgan.
ENDORSEMENT: With the consent of FHFA, the deadlines for serving rebuttal expert
reunderwriting reports is extended to 1/30/14. (Signed by Judge Denise L. Cote on
9/23/2013) (gr) (Entered: 09/23/2013)
09/23/2013 664 ORDER. In a letter of 9/10/13, the defendants in these actions requested that document
discovery be reopened in order to require FHFA to add three document custodians in
connection with Fannie Mae's use of an automated valuation model or AVM. For the
following reasons, this application is denied (See Order) (Signed by Judge Denise L. Cote
on 9/23/2013) (gr) (Entered: 09/23/2013)
09/23/2013 665 ORDER...that the defendants may take up to twenty-five "consensus" depositions so long
as the total number of deposition days does not exceed 40. IT IS FURTHER ORDERED
that the requests of the fraud defendants and First Horizon to take additional deposition is
denied with the following exception: First Horizon may identify one additional Freddie
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Mac trader whom the defendants may depose for one day... (Signed by Judge Denise L.
Cote on 9/23/2013) (gr) (Entered: 09/23/2013)
09/23/2013 666 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mary Kathryn
Nagle to Appear Pro Hac Vice MOTION FOR ADMISSION PRO HAC VICE OF MARY
KATHRYN NAGLE AND [PROPOSED] ORDER. Filing fee $ 200.00, receipt number
0208-8899428. Motion and supporting papers to be reviewed by Clerk's Office staff.
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance
Agency. (Attachments: # 1 Certificate of Service, # 2 NY - Certificate of Good Standing)
(Enright, Anthony) Modified on 9/24/2013 (wb). (Entered: 09/23/2013)
09/24/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice regarding Document No. 666 MOTION for Mary Kathryn Nagle to
Appear Pro Hac Vice MOTION FOR ADMISSION PRO HAC VICE OF MARY
KATHRYN NAGLE AND [PROPOSED] ORDER. Filing fee $ 200.00, receipt
number 0208-8899428. Motion and supporting papers to be r MOTION for Mary
Kathryn Nagle to Appear Pro Hac Vice MOTION FOR ADMISSION PRO HAC
VICE OF MARY KATHRYN NAGLE AND [PROPOSED] ORDER. Filing fee $
200.00, receipt number 0208-8899428. Motion and supporting papers to be r
MOTION for Mary Kathryn Nagle to Appear Pro Hac Vice MOTION FOR
ADMISSION PRO HAC VICE OF MARY KATHRYN NAGLE AND [PROPOSED]
ORDER. Filing fee $ 200.00, receipt number 0208-8899428. Motion and supporting
papers to be r. The filing is deficient for the following reason(s): Missing Proposed
Order. Proposed Order has to be a seperate document from the motion. Re-file the
document as a Motion to Appear Pro Hac Vice and attach a Proposed Order. (wb)
(Entered: 09/24/2013)
09/24/2013 667 MOTION for Mary Kathryn Nagle to Appear Pro Hac Vice. Motion and supporting
papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION, Federal Housing Finance Agency. (Attachments: # 1
Text of Proposed Order Order Granting Admission Pro Hac Vice, # 2 Certificate of
Service, # 3 NY - Certificate of Good Standing)(Enright, Anthony) (Entered: 09/24/2013)
09/24/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No.
667 MOTION for Mary Kathryn Nagle 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) (Entered: 09/24/2013)
09/24/2013 668 MEMO ENDORSEMENT on NOTICE OF SUBSTITUTION OF COUNSEL FOR
DEFENDANT KATHRYN GARNIEWSKI AND ORDER: TO THE CLERK OF THE
COURT AND ALL COUNSEL AND PARTIES OF RECORD: PLEASE TAKE
NOTICE THAT Defendant Kathryn Garniewski substitutes her counsel of record in this
case. Former Counsel Sullivan & Cromwell LLP, 125 Broad Street, New York, New York
10004, Telephone: 212.558.4000, including Penny Shane, Sharon L. Nelles and Jonathan
M. Sedlak. New CounselDefendant Kathryn Garniewski's new counsel in this action, on
whom all notices and papers should be served, is the firm of Brune & Richard LLP, One
Battery Park Plaza, New York, New York 10004, Telephone: 212.668.1900, including
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Theresa Trzaskoma and David Elbaum. (Signed by Judge Denise L. Cote on 9/24/2013)
(djc) (Entered: 09/24/2013)
09/24/2013 669 REPLY MEMORANDUM OF LAW in Support re: 647 MOTION to Compel Production
of Documents.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed
Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas
W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC,
Stephen Fortunato, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage
Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan
Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne
Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc
K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr,
Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/24/2013)
09/24/2013 670 LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9.24.13 re:
Pretrial Schedule Adjustments. Document filed by FEDERAL HOUSING FINANCE
AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE
CORPORATION. (Attachments: # 1 Exhibit 1)(Sheth, Manisha) (Entered: 09/24/2013)
09/25/2013 671 MEMORANDUM OPINION & ORDER. Before the Court is defendants' July 12, 2013
motion for reconsideration of the Court's June 28 Opinion and Order regarding legal
standards applicable to the scope of discovery in these cases. For the following reasons, the
motion for reconsideration is denied....(See Memorandum Opinion & Order) (Signed by
Judge Denise L. Cote on 9/25/2013) (gr) (Entered: 09/25/2013)
09/25/2013 672 STIPULATION AND ORDER CONCERNING ADJUSTMENTS TO EXPERT
DISCOVERY SCHEDULE. It is Now Stipulated and Agreed By the Parties That: The
fact and expert discovery schedules in FHFA v.JP Morgan Chase & Co., 11 Civ. 6188
(DLC), FHFA v. Merrill Lynch & Co., Inc., 11 Civ. 6202 (DLC), and FHFA v. Bank of
America Corp., 11 Civ. 6195 (DLC) shall be modified by the dates set forth in Exhibit 1.
(See Exhibit 1) (Signed by Judge Denise L. Cote on 9/25/2013) (gr) (Entered: 09/25/2013)
09/25/2013 ***DELETED DOCUMENT. Deleted document number 673 ORDER. The
document was incorrectly filed in this case. (djc) (Entered: 09/25/2013)
09/25/2013 673 ORDER. In letters of September 20 and 24, FHFA and HSBC, respectively, address two
requests by FHFA for a further production of documents by HSBC. Guidance on these
disputes is provided...(See Order) (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
(Entered: 09/25/2013)
09/25/2013 674 ORDER granting 667 Motion for Mary Kathryn Nagle to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
(Entered: 09/25/2013)
09/25/2013 675 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9/25/2013 re:
FHFA Actions. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS
CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Goldstein,
Jordan) (Entered: 09/25/2013)
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09/27/2013 676 MOTION for Partial Summary Judgment. Document filed by Federal Housing Finance
Agency.(Goldstein, Jordan) (Entered: 09/27/2013)
09/27/2013 677 MEMORANDUM OF LAW in Support re: 676 MOTION for Partial Summary Judgment.
PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR
PARTIAL SUMMARY JUDGMENT ON DEFENDANTS LOSS CAUSATION DEFENSE
UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS. Document filed by Federal
Housing Finance Agency. (Goldstein, Jordan) (Entered: 09/27/2013)
09/27/2013 678 DECLARATION of JORDAN A. GOLDSTEIN in Support re: 676 MOTION for Partial
Summary Judgment.. Document filed by Federal Housing Finance Agency. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Goldstein, Jordan) (Entered: 09/27/2013)
09/27/2013 679 RULE 56.1 STATEMENT. Document filed by Federal Housing Finance Agency.
(Goldstein, Jordan) (Entered: 09/27/2013)
09/27/2013 680 FIRST MOTION for Helgard C. Walker to Appear Pro Hac Vice. Filing fee $ 200.00,
receipt number 0208-8917179. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by The Clearing House Association L.L.C..
(Attachments: # 1 Supplement Certificate of Good Standing-DC, # 2 Text of Proposed
Order Proposed Order, # 3 Supplement Certificate of Service)(Walker, Helgard) (Entered:
09/27/2013)
09/27/2013 681 FIRST MOTION for Scott Grant Stewart to Appear Pro Hac Vice. Filing fee $ 200.00,
receipt number 0208-8917200. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by The Clearing House Association L.L.C..
(Attachments: # 1 Supplement Certificate of Good Standing-DC, # 2 Text of Proposed
Order Proposed Order, # 3 Supplement Certificate of Service)(Stewart, Scott) (Entered:
09/27/2013)
09/30/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No.
680 FIRST MOTION for Helgard C. Walker to Appear Pro Hac Vice. Filing fee $
200.00, receipt number 0208-8917179. Motion and supporting papers to be reviewed
by Clerk's Office staff., 681 FIRST MOTION for Scott Grant Stewart to Appear Pro
Hac Vice. Filing fee $ 200.00, receipt number 0208-8917200. Motion and supporting
papers to be reviewed by Clerk's Office staff.. The document has been reviewed and
there are no deficiencies. (wb) (Entered: 09/30/2013)
09/30/2013 682 ENDORSED LETTER addressed to Judge Denise L. Cote from Heigi C. Walker dated
9/27/2013 re: I write to respectfully request permission to file an amicus brief on behalf of
The Clearing House Association in support of Defendants' Motion for a Protective
Order..... ENDORSEMENT: Any amicus brief concerning JP Morgan's motion for a
protective order shall be filed by Friday, October 4, 2013. (Signed by Judge Denise L. Cote
on 9/30/2013) (gr) (Entered: 09/30/2013)
09/30/2013 683 ORDER granting 680 Motion for Helgard C. Walker to Appear Pro Hac Vice. (HEREBY
ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered:
09/30/2013)
09/30/2013 684 NOTICE of of Withdrawal of Jordan T. Razza as Counsel for Defendant Goldman, Sachs
& Co.. Document filed by Goldman, Sachs & Co.. (Razza, Jordan) (Entered: 09/30/2013)
09/30/2013 685 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated September
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30, 2013 re: FHFAs' Response to Defendants' letter dated September 27, 2013. Document
filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency.(Chung,
Christine) (Entered: 09/30/2013)
09/30/2013 686 NOTICE of WITHDRAWAL OF RENEE B. BEA. Document filed by FEDERAL
HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION. (Bea, Renee) (Entered: 09/30/2013)
10/01/2013 687 ORDER granting 681 Motion for Scott Grant Stewart to Appear Pro Hac Vice. (HEREBY
ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered:
10/01/2013)
10/01/2013 689 NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of Federal Housing
Finance Agency. (Selendy, Philippe) (Entered: 10/01/2013)
10/01/2013 690 LETTER addressed to Judge Denise L. Cote dated October 1, 2013 Document filed by
Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, J.P. Morgan
Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan
Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens,
Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Long
Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak,
Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc.,
WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual
Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny)
(Entered: 10/01/2013)
10/02/2013 ***DELETED DOCUMENT. Deleted document number 688 STANDING ORDER
M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of
Justice Funding.. The document was incorrectly filed in this case. (ad) (Entered:
10/02/2013)
10/02/2013 691 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.2.13 re:
Deposition Order Clarification. Document filed by Federal Housing Finance Agency.
(Oblak, Jonathan) (Entered: 10/02/2013)
10/03/2013 692 ORDER. In a letter of October 2, 2013, defendants seek clarification of the Court's
September 23, 2013 Order regarding depositions. This Order responds to the defendants'
request for such "clarification." [See Order]. (Signed by Judge Denise L. Cote on
10/3/2013) (gr) (Entered: 10/03/2013)
10/03/2013 693 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Denise L. Cote
from Penny Shane dated October 3, 2013. Document filed by Bear Stearns & Co., Inc.,
Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth,
Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk,
EMC Mortgage LLC, Stephen Fortunato, J.P. Morgan Acceptance Corporation I, J.P.
Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase
& Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A.
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King, Suzanne Krahling, Thomas G. Lehmann, Long Beach Securities Corporation, Marc
K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr,
Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation,
WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation,
Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 10/03/2013)
10/04/2013 694 LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.4.2013 re:
Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing
Finance Agency.(Oblak, Jonathan) (Entered: 10/04/2013)
10/04/2013 695 ORDER granting 693 Letter Motion for Local Rule 37.2 Conference. Accordingly, it is
hereby ORDERED that the defendants' October 3 application to depose Gussmann and
Kenneweg for one day apiece without losing the opportunity to use a total of 41 deposition
days for up to 26 deponents is granted. (Signed by Judge Denise L. Cote on 10/4/2013)
(lmb) (Entered: 10/04/2013)
10/04/2013 696 BRIEF of Amicus Curiae. Document filed by The Clearing House Association L.L.C..
(Walker, Helgard) (Entered: 10/04/2013)
10/04/2013 697 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.4.13 re:
Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing
Finance Agency.(Chung, Christine) (Entered: 10/04/2013)
10/05/2013 698 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.4.13 re:
Single Family Issues. Document filed by Federal Housing Finance Agency.(Chung,
Christine) (Entered: 10/05/2013)
10/05/2013 699 LETTER addressed to Judge Denise L. Cote from CHRISTINE H. CHUNG dated
10.4.13 re: Single Family Issues. Document filed by Federal Housing Finance Agency.
(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)(Chung, Christine) (Entered:
10/05/2013)
10/15/2013 700 JOINT STIPULATION AND ORDER REGARDING SCHEDULING OF
DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL
SUMMARY JUDGMENT ON DEFENDANTS' LOSS CAUSATION DEFENSE
UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS AND PLAINTIFF'S REPLY
TO SAME. Defendants will file their opposition to the Motion no later than 10/28/2103;
and Plaintiff will file any reply to Defendant's opposition no later than November 18, 2013.
(Signed by Judge Denise L. Cote on 10/15/2013) (gr) (Entered: 10/15/2013)
10/16/2013 701 ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff
FHFA dated 10/15/2013 re:...we write to update the Court on the status of the production,
identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions,
pursuant to the Supplemental Expert Scheduling Order dated 2/27/13... ENDORSEMENT:
Approved. (Signed by Judge Denise L. Cote on 10/16/2013) (gr) (Entered: 10/16/2013)
10/16/2013 702 STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF THIRD-
PARTY REPORTS AND COMMUNICATIONS RELATING TO FANNIE MAE'S
ANTI-PREDATORY LENDING REVIEWS. SO ORDERED. (Signed by Judge Denise
L. Cote on 10/16/2013) (gr) (Entered: 10/16/2013)
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10/16/2013 704 OPINION & ORDER: The defendants August 30, 2013 motion to compel production of
documents withheld by FHFA on the basis of the bank examination and deliberative
process privileges is denied. (Signed by Judge Denise L. Cote on 10/16/2013) (djc)
(Entered: 10/17/2013)
10/17/2013 703 LETTER addressed to Judge Denise L. Cote from FHFA dated 10/17/2013 re: Plaintiff's
Opposition to Defendants' Motion to Compel Production of Privileged Documents.
Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR
FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE
FEDERAL HOME LOAN MORTGAGE CORPORATION.(McGill, David) (Entered:
10/17/2013)
10/18/2013 705 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.18.13 re:
Clayton. Document filed by Federal Housing Finance Agency. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2, # 3 Exhibit 3)(Chung, Christine) (Entered: 10/18/2013)
10/18/2013 706 LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.18.13 re:
Clayton. Document filed by Federal Housing Finance Agency. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2, # 3 Exhibit 3)(Selendy, Philippe) (Entered: 10/18/2013)
10/23/2013 707 SCHEDULING ORDER: In a letter of October 18, 2013, plaintiff FHFA raised a
discovery dispute regarding document production from third-party Clayton Holdings LLC
("Clayton"). It is hereby ORDERED that a telephone Conference will be held with
Clayton and the parties to address this issue on 10/24/2013 at 03:30 PM before Judge
Denise L. Cote. (Signed by Judge Denise L. Cote on 10/22/2013) (gr) (Entered:
10/23/2013)
10/24/2013 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference
held on 10/24/2013. (Court Reporter Sabrina D'Emidio) (gr) (Entered: 10/24/2013)
10/28/2013 708 MOTION to Stay Proceedings. Document filed by FEDERAL HOUSING FINANCE
AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE
CORPORATION.(Sheth, Manisha) (Entered: 10/28/2013)
10/28/2013 709 JOINT MOTION to Stay Proceedings. Document filed by FEDERAL HOUSING
FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL
MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE
CORPORATION. (Attachments: # 1 Proposed Order)(Sheth, Manisha) (Entered:
10/28/2013)
10/29/2013 710 ORDER Granting the Parties' Joint Motion to Stay Proceedings. (See Order for revisions
made by the Court.) (Signed by Judge Denise L. Cote on 10/29/2013) (gr) (Entered:
10/29/2013)
10/29/2013 Motions terminated: (709 in 1:11-cv-06188-DLC) JOINT MOTION to Stay Proceedings.
filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE
FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME
LOAN MORTGAGE CORPORATION, (539 in 1:11-cv-06193-DLC) MOTION to Stay
Proceedings. filed by Federal Housing Finance Agency as Conservator for the Federal
National Mortgage Association, (714 in 1:11-cv-07010-DLC) MOTION to Stay
Proceedings. filed by Federal Housing Finance Agency, as Conservator for the Federal
Home Loan Mortgage Corporation, (543 in 1:11-cv-06203-DLC) JOINT MOTION to
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discovery rulings made by the district court in these coordinated cases. Upon due
consideration, it is hereby ORDERED that the mandamus petition is DENIED because
Petitioners have not demonstrated that they lack an adequate, alternative means of obtaining
the relief they seek i.e., an appeal from a final judgment. See Linde v. Arab Bank, PLC, 706
F.3d 92, 107, 117-18 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the
Second Circuit. Issued As Mandate: 11/12/2013. (nd) (Entered: 11/14/2013)
11/18/2013 717 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: It is hereby
stipulated and agreed by and between the parties and/or their respective counsel(s) that the
above-captioned action is voluntarily dismissed, with prejudice against the defendants Bear
Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian
Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den
Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski,
J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P.
Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith
Johnson, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling,
Thomas G. Lehmann, Long Beach Securities Corporation, Kim Lutthans, Marc K.
Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr,
Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, John F.
Robinson, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L.
Verschleiser, WAMU Asset Acceptance Corporation, WAMU Capital Corporation,
Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke
and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of
Civil Procedure. (Signed by Judge Denise L. Cote on 11/18/2013) (gr) (Entered:
11/18/2013)
03/31/2014 718 LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 6/26/2013 re:
FHFA's response to Defendants' letter of June 21, 2013, regarding FHFA's access to
consumer credit reports for reunderwriting the mortgages underlying the securities at issue
in these Actions.. Document filed by Federal Housing Finance Agency.(gr) (Entered:
03/31/2014)
04/11/2014 719 OPINION & ORDER 104214. Non-party Viola's February 18, 2014 letter-motion in the
Deutsche Bank Action and his March 31, 2014 letter-motion in the JPMorgan Action are
denied. The Clerk of Court is directed to file and docket Viola's reply memorandum of
March 31 in the Deutsche Bank Action and Viola's letter-motion of March 31 in the
JPMorgan Action. (Signed by Judge Denise L. Cote on 4/10/2014) Copies mailed to non-
party Anthony L. Viola by Chambers. (gr) Modified on 4/17/2014 (nt). (Entered:
04/11/2014)
04/11/2014 721 MOTION to Unseal Records submitted by Anthony L. Viola, pro se non-party.(gr)
(Entered: 04/11/2014)
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