SETTLEMENT AGREEMENT STIPULATION AND AGREEMENT OF SETTLEMENT. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit A(1), # 3 Exhibit A(2), # 4 Exhibit A(3), # 5 Exhibit B)(Laitman, Joel) (Entered: 02/13/2015)
342
Filed: 2/13/2015, Entered: None
DECLARATION of Joel P. Laitman in Support re: 340 MOTION Unopposed Motion for (I) Certification of the Underwriter Class for Purposes of Settlement; (II) Preliminary Approval of the Underwriter Settlement; (III) Approval of Notice to the Underwriter and Rescap Classes and (IV) Scheduling of. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit A(1), # 3 Exhibit A(2), # 4 Exhibit A(3), # 5 Exhibit B)(Laitman, Joel) (Entered: 02/13/2015)
341
Filed: 2/13/2015, Entered: None
MEMORANDUM OF LAW in Support re: 340 MOTION Unopposed Motion for (I) Certification of the Underwriter Class for Purposes of Settlement; (II) Preliminary Approval of the Underwriter Settlement; (III) Approval of Notice to the Underwriter and Rescap Classes and (IV) Scheduling of . Document filed by New Jersey Carpenters Health Fund. (Laitman, Joel) (Entered: 02/13/2015)
MOTION Unopposed Motion for (I) Certification of the Underwriter Class for Purposes of Settlement; (II) Preliminary Approval of the Underwriter Settlement; (III) Approval of Notice to the Underwriter and Rescap Classes and (IV) Scheduling of Final Settlement Approval Hearing. Document filed by New Jersey Carpenters Health Fund.(Laitman, Joel) (Entered: 02/13/2015)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #341) MEMORANDUM OF LAW in Support re: 338 MOTION Unopposed Motion for (I) Certification of the Underwriter Class for Purposes of Settlement; (II) Preliminary Approval of the Underwriter Settlement; (III) Approval of Notice to the Underwriter and Rescap Classes and (IV) Scheduling of Final S . Document filed by Boilermaker Blacksmith National Pension Trust. (Laitman, Joel) Modified on 2/13/2015 (lb). (Entered: 02/13/2015)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #340) MOTION Unopposed Motion for (I) Certification of the Underwriter Class for Purposes of Settlement; (II) Preliminary Approval of the Underwriter Settlement; (III) Approval of Notice to the Underwriter and Rescap Classes and (IV) Scheduling of Final Settlement Approval Hearing . Document filed by Boilermaker Blacksmith National Pension Trust.(Laitman, Joel) Modified on 2/13/2015 (lb). (Entered: 02/13/2015)
ORDER dismissing 327 Motion for Partial Summary Judgment; dismissing 327 Motion to Strike ; dismissing 327 Motion to Unseal; dismissing 331 Motion for Summary Judgment; dismissing 331 Motion to Preclude; granting 336 Motion for Extension of Time: Application GRANTED. The Clerk is directed to terminate Docket Entry 336. Additionally, the motions for summary judgment (Dkt. #327, 331) are dismissed without prejudice to refiling. The Clerk is directed to terminate Docket Entries 327 and 331. (Signed by Judge Katherine Polk Failla on 1/29/2015) (tn) (Entered: 01/29/2015)
LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from William McGuinness dated 01/29/2015. Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 01/29/2015)
MEMO ENDORSEMENT on re: 333 Letter, filed by New Jersey Carpenters Health Fund, UBS Securities, LLC, Goldman Sachs & Co., Citigroup Global Markets, Inc., Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. ENDORSEMENT: Application GRANTED. (Signed by Judge Katherine Polk Failla on 11/21/2014) (tn) (Entered: 11/21/2014)
LETTER addressed to Judge Katherine Polk Failla from Joel P. Laitman and William McGuinness dated Nov. 21, 2014 re: Notice of Settlement. Document filed by Boilermaker Blacksmith National Pension Trust, Citigroup Global Markets, Inc., Goldman Sachs & Co., New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, UBS Securities, LLC.(Laitman, Joel) (Entered: 11/21/2014)
332
Filed: 10/20/2014, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 10/21/2014)
RULE 56.1 STATEMENT. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Laitman, Joel) (Entered: 10/17/2014)
MEMORANDUM OF LAW in Support re: 327 MOTION for Partial Summary Judgment . MOTION to Strike . MOTION to Unseal . . Document filed by New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Laitman, Joel) (Entered: 10/17/2014)
MOTION for Partial Summary Judgment ., MOTION to Strike ., MOTION to Unseal . Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Laitman, Joel) (Entered: 10/17/2014)
NOTICE OF APPEARANCE by Richard A. Rosen on behalf of Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Rosen, Richard) (Entered: 10/16/2014)
NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Kramer, Daniel) (Entered: 10/16/2014)
NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Karp, Brad) (Entered: 10/16/2014)
SCHEDULING ORDER granting 321 Letter Motion for Extension of Time: Moving papers are due 10/17/2014; Opposition papers are due 12/17/2014; and Reply papers are due 1/19/2015. (Signed by Judge Katherine Polk Failla on 10/14/2014) (tn) (Entered: 10/14/2014)
LETTER MOTION for Extension of Time to serve motion for summary judgment addressed to Judge Katherine Polk Failla from William G. McGuinness dated 10/13/2014. Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Attachments: # 1 Text of Proposed Order proposed order granting requested two-day requested extension)(McGuinness, William) (Entered: 10/13/2014)
ORDER APPROVING THE FORM AND METHOD OF DISTRIBUTION OF NOTICE OF PENDENCY OF CLASS ACTION: The form of the proposed Notice (Exhibit A) and Summary Notice (Exhibit B) complies with the requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process and is therefore approved. Information regarding GCG's experience with providing notification and/or claims administration services in securities cases is attached hereto as Exhibit C, and as further set forth in this order. The Court finds, pursuant to Fed. R. Civ. P. 23(c)(2)(B), that the proposed Notice Program is the best notice that is practicable under the circumstances and comports with due process, and hereby approves the Notice Program and forms of Notice and Summary Notice, annexed as Exhibits A and B hereto. (Signed by Judge Katherine Polk Failla on 9/25/2014) (tn) (Entered: 09/25/2014)
ORDER re: 315 Letter, filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 316 Letter, filed by UBS Securities, LLC, Goldman Sachs & Co., Citigroup Global Markets, Inc., 314 Letter, filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 311 Letter, filed by UBS Securities, LLC, Goldman Sachs & Co., Citigroup Global Markets, Inc.: that Plaintiffs shall resubmit the proposed Notice and Summary Notice of Pendency of Class Action with the following language: The Class does not include the Defendants; the officers, directors, and affiliates of the Defendants at all relevant times; members of their immediate families and their legal representatives, heirs, successors, or assigns; any entity in which any Defendant has or had a controlling interest except for any Investment Vehicle; the Federal National Mortgage Association; and the Federal Home Loan Mortgage Corporation. "Investment Vehicle" means any investment company or pooled investment fund, including, but not limited to, mutual fund families, exchange-traded funds, fund of funds and hedge funds, in which the Defendants, or any of them, have, has, or may have a direct or indirect interest, or as to which its affiliates may act as an investment advisor but of which any Defendants or any of their respective affiliates is not a majority owner or does not hold a majority beneficial interest. Also excluded from the Class are any persons or entities who exclude themselves by bringing their own lawsuit concerning any of the RALI Certificates before the Exclusion Date (defined below) or mailing a request for exclusion in accordance with the requirement set forth in this Notice. (Signed by Judge Katherine Polk Failla on 9/16/2014) (tn) (Entered: 09/17/2014)
LETTER addressed to Judge Katherine Polk Failla from William G. McGuinness dated September 12, 2014 re: Plaintiffs' September 11, 2014 letter regarding their proposed Notice and Summary Notice of Pendency of Class Action. Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 09/12/2014)
LETTER addressed to Judge Katherine Polk Failla from Joel P. Laitman dated September 11, 2014 re: response to the Underwriter Defendants letter dated September 10, 2014. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Laitman, Joel) (Entered: 09/11/2014)
LETTER addressed to Judge Katherine Polk Failla from Joel P. Laitman dated September 8, 2014 re: proposed Notice and Summary Notice of Pendency of Class Action. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A to Proposed Order, # 3 Exhibit B to Proposed Order, # 4 Exhibit C to Proposed Order)(Laitman, Joel) (Entered: 09/10/2014)
LETTER addressed to Judge Katherine Polk Failla from William G. McGuinness dated 09/10/14 re: Plaintiffs' September 8, 2014 letter regarding their proposed Notice and Summary Notice of Pendency of Class Action.. Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 09/10/2014)
SEALED DOCUMENT placed in vault.(rz) (Entered: 09/10/2014)
309
Filed: 9/9/2014, Entered: None
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Joel R. Laitman dated 9/8/2014 re: Counsel to Lead Plaintiff and Class Representative requests permission to file the enclosed letter with a portion of one sentence redacted. ENDORSEMENT: Application GRANTED. Unredacted copies of this letter, along with the accompanying materials, will be filed under seal. (Signed by Judge Katherine Polk Failla on 9/9/2014) (tn) (Entered: 09/09/2014)
308
Filed: 8/27/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 08/27/2014)
ORDER: that the parties shall adhere to the following briefing schedule on their anticipated motions for summary judgment, motions to exclude expert testimony, and motion to unseal: Moving papers are due October 15, 2014. Supporting memoranda of law shall not exceed 60 pages. Opposition papers are due December 15, 2014. Supporting memoranda of law shall not exceed 60 pages. Reply papers are due January 15, 2015. Supporting memoranda of law shall not exceed 30 pages. Absent compelling circumstances, no extensions of these deadlines shall be granted. Motions due by 10/15/2014. Responses due by 12/15/2014. Replies due by 1/15/2015. (Signed by Judge Katherine Polk Failla on 8/27/2014) (tn) (Entered: 08/27/2014)
ORDER: The Clerk of Court is directed to remove this case from the suspense calendar. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/11/2014) (ama) (Entered: 08/11/2014)
LETTER addressed to Judge Katherine Polk Failla from Joel P. Laitman and William G. McGuinness dated August 8, 2014 re: Joint letter. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Consolidated Third Amended Complaint, # 2 Amended Scheduling Order)(Laitman, Joel) (Entered: 08/08/2014)
LETTER addressed to Judge Katherine Polk Failla from Joel P. Latiman dated August 8, 2014 re: Joint Letter. Document filed by Boilermaker Blacksmith National Pension Trust. (Attachments: # 1 Third amended Complaint, # 2 Amended Scheduling Order)(Laitman, Joel) (Entered: 08/08/2014)
ORDER terminating 300 Letter Motion for Extension of Time: Per the Court's July 18, 2014 Order (Dkt. #302), the deadlines in the Amended Scheduling Order #2 (Dkt. #238), are adjourned sine die. The Court will discuss the issues raised herein at the August 22, 2014 conference. The Clerk of Court is directed to terminate Docket Entry 300. (Signed by Judge Katherine Polk Failla on 7/18/2014) (tn) (Entered: 07/21/2014)
ORDER: that counsel review and comply with the Court's Individual Rules of Practice in Civil Cases ("Individual Rules") (available at the Court's website, http://nysd.uscourts.gov/judge/Failla). The remaining deadlines in the Amended Scheduling Order #2 (Dkt. #238) are hereby adjourned sine die. It is further ORDERED that the parties shall submit a joint letter to the Court by no later than August 8, 2014 as further set forth in this order. Status Conference set for 8/22/2014 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/18/2014) (tn) (Entered: 07/18/2014)
MEMO ENDORSEMENT granting 298 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to remove Mr. Jaffe's name from the docket, and to terminate Docket Entry 298. Attorney Brett D. Jaffe terminated. (Signed by Judge Katherine Polk Failla on 7/18/2014) (tn) Modified on 7/22/2014 (tn). (Entered: 07/18/2014)
LETTER MOTION for Extension of Time (Joint Request for Adjustment of Case Schedule) addressed to Judge Katherine Polk Failla from William G. McGuinness dated July 18, 2014. Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Attachments: # 1 Text of Proposed Order (Stipulation and [Proposed] Scheduling Order #3))(McGuinness, William) (Entered: 07/18/2014)
MANDATE of USCA (Certified Copy) USCA Case Number 14-0038. Petitioners move, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order granting Respondents' motion for class certification, and for leave to file a reply brief under seal in support of their petition. Upon due consideration, it is hereby ORDERED that the motion for leave to file a reply brief is GRANTED. The Rule 23(f) petition is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/18/2014. (nd) (Entered: 06/18/2014)
MOTION for Brett D. Jaffe to Withdraw as Attorney (for Defendants Goldman, Sachs & Co., Deutsche Bank Securities, Inc., Citigroup Global Markets, Inc. and UBS Securities, LLC). Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC.(Gresser, Lawrence) (Entered: 06/17/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/14/2013 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: 04/23/2014)
TRANSCRIPT of Proceedings re: ARGUMENT held on 11/14/2013 before Judge Harold Baer. 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 5/19/2014. Redacted Transcript Deadline set for 5/30/2014. Release of Transcript Restriction set for 7/25/2014.(McGuirk, Kelly) (Entered: 04/23/2014)
LETTER addressed to Magistrate Judge Debra C. Freeman from William G. McGuinness dated April 22, 2014 re: Response To Plaintiff's April 21, 2014 Letter (Redacted). Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 04/22/2014)
LETTER addressed to Magistrate Judge Debra C. Freeman from Christopher Lometti dated April 21, 2014 re: discovery motion. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Lometti, Christopher) (Entered: 04/21/2014)
LETTER addressed to Judge Harold Baer from William G. McGuinness dated April 21, 2014 re: Defendant's document production pursuant to court's order dated April 16, 2014 (REDACTED). Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co..(McGuinness, William) (Entered: 04/21/2014)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated March 28, 2014 re: in camera review. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Attachments: # 1 Exhibit 1 (REDACTED), # 2 Exhibit 2 (REDACTED))(Laitman, Joel) (Entered: 03/28/2014)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated March 21, 2014 re: in camera review. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted))(Laitman, Joel) (Entered: 03/26/2014)
LETTER addressed to Judge Harold Baer from William G.McGuiness dated March 26, 2014 re: response to plaintiff's request to the court for in camera review of certain documents(REDACTED). Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McGuinness, William) (Entered: 03/26/2014)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated March 21, 2014 re: in camera review of certain heavily redacted documents. Document filed by Boilermaker Blacksmith National Pension Trust. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Laitman, Joel) (Entered: 03/21/2014)
LETTER addressed to Magistrate Judge Debra C. Freeman from William G. McGuinness dated March 6, 2014 re: Discovery (REDACTED). Document filed by Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 03/06/2014)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute raised in attached letter. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Harold Baer on 2/28/2014) (lmb) (Entered: 02/28/2014)
OPINION AND ORDER re: (234 in 2:08-cv-08781-HB-RLE) MOTION to Certify Class and Appoint Class Representatives filed by New Jersey Carpenters Health Fund, Local 74 USWU Welfare Fund, New Jersey Carpenters Vacation Fund. I have considered the parties' remaining arguments and find them to be without merit. Because the proposed Offerings in both Harborview and RALI comport with the class certification requirements under Rule 23(a) and (b), as I articulated these requirements in my prior decisions, the class in each case is expanded to include those offerings. In Harborview, Iowa Public Employees Retirement Systems and the Midwest Operating Engineers Pension Trust Fund are added as Class Representatives. Plaintiffs' motions for class modification and designation of new class representatives are GRANTED, except to the extent that Local 74 USWU Welfare Fund is not designated as a class representative in the RALI case. The Clerk of the Court is instructed to close the two motions and remove them from my docket. (Signed by Judge Harold Baer on 12/27/2013) (rsh) (Entered: 12/27/2013)
OPINION AND ORDER: #103831 re: (236 in 2:08-cv-05093-HB-DCF) MOTION for Reconsideration re; (210) Memorandum & Opinion, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; (210) Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; (210) Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc. I have considered the parties' remaining arguments and find them to be without merit. The motions for reconsideration brought by the Harborview Defendants and the RALI Defendants are GRANTED in part and DENIED in part as set out above. SO ORDERED. (Signed by Judge Harold Baer on 12/18/2013) (ama) Modified on 12/19/2013 (ca). (Entered: 12/18/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/7/2013 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: 11/08/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/7/2013 before Judge Harold Baer. Court Reporter/Transcriber: Tara Jones, (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 12/5/2013. Redacted Transcript Deadline set for 12/12/2013. Release of Transcript Restriction set for 2/9/2014.(McGuirk, Kelly) (Entered: 11/08/2013)
MEMO ENDORSEMENT on re: 280 Letter, filed by UBS Securities, LLC, Goldman Sachs & Co., Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc. ENDORSEMENT: Nov. 14 at 11:00 a.m. SO ORDERED. ( Oral Argument set for 11/14/2013 at 11:00 AM before Judge Harold Baer.) (Signed by Judge Harold Baer on 11/07/2013) (ama) (Entered: 11/07/2013)
LETTER addressed to Judge Harold Baer from William G. McGuinness dated October 30, 2013 re: Scheduling of oral argument. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 10/30/2013)
MEMORANDUM OF LAW in Opposition re: 269 Memorandum of Law in Support of Motion, (Redacted). Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (McGuinness, William) (Entered: 10/30/2013)
MEMO ENDORSEMENT on re: (Letter #248 in 2:08-cv-05093-HB-DCF) Letter, filed by Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, ( Letter #276 in 2:08-cv-08781-HB-RLE) Letter, filed by New Jersey Carpenters Health Fund, Iowa Public Employees' Retirement System, Police and Fire Retirement System of the City of Detroit, Midwest Operating Engineers Pension Trust Fund, Orange County Employees Retirement System, Local 74 USWU Welfare Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. ENDORSEMENT: If and when you choose to discontinue this lawsuit and start all over next year that's fine otherwise your application is denied and I'll adjourn oral argument a few days while I'm trying 2 cases at the same time and let you know when I'm available to hear you. SO ORDERED. (Signed by Judge Harold Baer on 10/29/2013) (ama) (Entered: 10/29/2013)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated October 28, 2013 re: Defendants' motion for reconsideration. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit.(Laitman, Joel) (Entered: 10/28/2013)
DECLARATION of Michael Eisenkraft in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Eisenkraft, Michael) (Entered: 10/24/2013)
REPLY MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class and Appoint Class Representatives. REDACTED. Document filed by Boilermaker Blacksmith National Pension Trust, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Eisenkraft, Michael) (Entered: 10/24/2013)
DECLARATION of Michael Eisenkraft in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Eisenkraft, Michael) (Entered: 10/15/2013)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System. (Eisenkraft, Michael) (Entered: 10/15/2013)
DECLARATION of Michael Eisenkraft in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Eisenkraft, Michael) (Entered: 10/15/2013)
REPLY MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System. (Eisenkraft, Michael) (Entered: 10/15/2013)
ORDER AND FINAL JUDGMENT settling action. (Signed by Judge Harold Baer on 10/7/2013) (Attachments: # 1 Notice Right To Appeal)(jno) Modified on 10/15/2013 (jno). (Entered: 10/08/2013)
ORDER ON PLAINTIFFS' COUNSEL'S MOTION FOR REIMBURSEMENT OF EXPENSES granting 249 Motion. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: All of the capitalized terms used herein shall have the same meanings as set forth in the Stipulation of Settlement dated as of June 14, 2013 (the "Stipulation"), and filed with the Court. This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all Members of the Class who have not timely and validly requested exclusion from the litigation and the Class. The "Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness Hearing and Motion for Reimbursement of Litigation Expenses," substantially in the form approved by the Order for Notice and Hearing, dated June 28, 2013, was mailed to all persons and entities reasonably identifiable who purchased the RALI MBS Offerings, except those persons and entities excluded from the definition of the Class. In addition, the "Summary Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness Hearing and Motion for Reimbursement of Litigation Expenses" again substantially in the form approved by the Court in the Order for Notice and Hearing, was published pursuant to the specifications of the Court. Settlement information posted on the Settlement's dedicated website and on the website of Lead Counsel was also used to reach Class Members for further availability of the Notice to the Class. These methods for reaching and contact with the Class Members, together, are defined as "the Notice." The Court hereby finds that the Notice to the Class provided the best noticeI,practicable under the circumstances. The Notice provided due and adequate notice of these proceedings and the matters set forth herein, including the Expense Motion, to all persons and entities entitled to such notice, and the Notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, Section 21D(a)(7) of the Securities Exchange Act of 1934,15U.S.C. 78u-4(a)(7) as amended by the Private Securities Litigation Reform Act of 1995, due process, and any other applicable law. A full opportunity has been offered to the Class Members to object to the Expense Motion and to participate in the hearing thereon. Thus) it is hereby determined that all Class Members who did not timely elect to exclude themselves by written communication are bound by this Order and Final Judgment. The Court hereby awards Lead Counsel reimbursement of litigation expenses in the amount of $882,973.92. The awarded expenses and interest earned thereon shall be distributed to Lead Counsel subject to the terms, conditions and obligations of the Stipulation. upon entry of this Order. And as set forth herein. SO ORDERED.(Signed by Judge Harold Baer on 10/07/2013) (ama) (Entered: 10/07/2013)
ENDORSED LETTER addressed to Judge Harold Baer from Joel P. Laitman dated 9/27/2013 re: We represent Lead Plaintiffs in the above-captioned RALI action and write only with respect to that case and not the Harborview action. Lead Plaintiffs seek the Court's permission to file supplemental papers in support of Plaintiffs' class certification motion in order to propose, based on recent discovery and Second Circuit law, an alternative proposed class definition. ENDORSEMENT: You will undoubtedly engender the death of more trees by any additional papers and have had lots of time and adjournments throughout the course of this litigation. That said and on your representation that it will not interfere with the "current" timetable I'll allow a supplemental memo of no more than 10 pages. SO ORDERED. (Signed by Judge Harold Baer on 10/04/2013) (ama) (Entered: 10/04/2013)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated October 1, 2013 re: Response to Defendants' September 30, 2013 letter. Document filed by New Jersey Carpenters Health Fund.(Rehns, Kenneth) (Entered: 10/02/2013)
REPLY MEMORANDUM OF LAW in Support re: 247 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of the Proposed Class Action Settlement with Certain Defendants., 249 MOTION for Reimbursement of Expenses.. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2))(Rehns, Kenneth) (Entered: 10/02/2013)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated October 2, 2013 re: Resolution of the Underwriter Defendants' Objection to the Settlement and attaching Revised Proposed Final Order and Judgment. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Text of Proposed Order Revised - Clean Copy, # 2 Text of Proposed Order Revised - Blackline)(Rehns, Kenneth) (Entered: 10/02/2013)
MEMORANDUM OF LAW in Opposition re: 234 MOTION to Certify Class and Appoint Class Representatives. (Redacted Public Version). Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (McGuinness, William) (Entered: 10/02/2013)
LETTER addressed to Judge Harold Baer from William G. McGuinness dated 9/30/13 re: Response to Plaintiffs' September 27, 2013 letter. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 10/01/2013)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated September 27, 2013 re: request for permission to file supplemental brief in support of class. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Local 74 USWU Welfare Fund, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit.(Laitman, Joel) (Entered: 09/30/2013)
DECLARATION of Mark Siegmund in Opposition re: 226 Settlement Agreement, 248 Memorandum of Law in Support of Motion, 247 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of the Proposed Class Action Settlement with Certain Defendants.. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McGuinness, William) (Entered: 09/25/2013)
Objection re: 226 Settlement Agreement, 248 Memorandum of Law in Support of Motion, 247 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of the Proposed Class Action Settlement with Certain Defendants.. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (McGuinness, William) (Entered: 09/25/2013)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 249 MOTION for Reimbursement of Expenses.. Document filed by New Jersey Carpenters Health Fund. (Rehns, Kenneth) (Entered: 09/24/2013)
DECLARATION of Joel P. Laitman in Support re: 247 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of the Proposed Class Action Settlement with Certain Defendants., 249 MOTION for Reimbursement of Expenses.. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rehns, Kenneth) (Entered: 09/11/2013)
MEMORANDUM OF LAW in Support re: 249 MOTION for Reimbursement of Expenses.. Document filed by New Jersey Carpenters Health Fund. (Rehns, Kenneth) (Entered: 09/11/2013)
MOTION for Reimbursement of Expenses. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Text of Proposed Order)(Rehns, Kenneth) (Entered: 09/11/2013)
MEMORANDUM OF LAW in Support re: 247 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of the Proposed Class Action Settlement with Certain Defendants.. Document filed by New Jersey Carpenters Health Fund. (Rehns, Kenneth) (Entered: 09/11/2013)
MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of the Proposed Class Action Settlement with Certain Defendants. Document filed by New Jersey Carpenters Health Fund.(Rehns, Kenneth) (Entered: 09/11/2013)
DECLARATION of Alfred L. Fatale III in Support re: 240 MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,. MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,.. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McGuinness, William) (Entered: 09/03/2013)
REPLY MEMORANDUM OF LAW in Support re: 240 MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,. MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,.. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (McGuinness, William) (Entered: 09/03/2013)
MEMORANDUM OF LAW in Opposition re: 240 MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,. MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Laitman, Joel) (Entered: 08/23/2013)
DECLARATION of Alfred L. Fatale III in Support re: 240 MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,. MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,.. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McGuinness, William) (Entered: 08/06/2013)
MEMORANDUM OF LAW in Support re: 240 MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,. MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,.. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. (McGuinness, William) (Entered: 08/06/2013)
MOTION to Revisit the Court's January 3, 2013 and April 30, 2013 Orders re: 202 Memorandum & Opinion,, 218 Memorandum & Opinion,. Document filed by Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC.(McGuinness, William) (Entered: 08/06/2013)
ORDER PRELIMINARILY APPROVING THE SETTLEMENT AND PROVIDING NOTICE: NOW THEREFORE, IT IS HEREBY ORDERED: 1. The Court, for purposes of this Order, adopts all defined terms as set forth in the Stipulation. ( Settlement Conference set for 10/7/2013 at 09:30 AM before Judge Harold Baer.) (Signed by Judge Harold Baer on 6/28/2013) (ama) (Entered: 07/01/2013)
AMENDED SCHEDULING ORDER # 2: THEREFORE, it is hereby stipulated and agreed, subject to the approval of this Court, that: Plaintiffs' motion for class certification as to the Intervenor Offerings and Reinstated Offerings will be made by June 25,2013; The Underwriter Defendants will use best efforts to produce loan tapes for the respective Reinstated Offerings no later than June 28, 2013; Defendants' opposition to class certification is due September 13,2013; Plaintiffs' reply in support of class certification is due October 15,2013; Documents shall be produced on a rolling basis with production of documents completed by December 30, 2013; Motions due by 8/1/2014. Responses due by 9/15/2013 Replies due by 10/15/2013. Fact Discovery due by 2/24/2014. Expert Discovery due by 7/14/2014. Pretrial Order due by 12/15/2014. Assuming the Court denies the summary judgment motions in part or in whole by November 30, 2014, the Parties will submit a joint Pretrial Order by December 15, 2014 and the case shall be added to the January 2015 trailing trial calendar ("TIC"). SO ORDERED. (Signed by Judge Harold Baer on 6/28/2013) (ama) (Entered: 06/28/2013)
DECLARATION of Michael Eisenkraft in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Local 74 USWU Welfare Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1)(Rehns, Kenneth) (Entered: 06/26/2013)
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - DECLARATION of Michael Eisenkraft in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Local 74 USWU Welfare Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1)(Rehns, Kenneth) Modified on 6/26/2013 (ldi). (Entered: 06/25/2013)
MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class and Appoint Class Representatives.. Document filed by Local 74 USWU Welfare Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 06/25/2013)
MOTION to Certify Class and Appoint Class Representatives. Document filed by New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Local 74 USWU Welfare Fund.(Rehns, Kenneth) (Entered: 06/25/2013)
NOTICE of Of Compliance With 28 USC 1715. Document filed by David M. Bricker, Kenneth M. Duncan, Ralph T. Flees, James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding, LLC, James N. Young. (Lipps, Jeffrey) (Entered: 06/24/2013)
DECLARATION of Joel P. Laitman in Support re: 227 MOTION for Settlement FOR PRELIMINARY APPROVAL OF SETTLEMENT WITH CERTAIN DEFENDANTS, CERTIFICATION OF A SETTLEMENT CLASS, APPROVAL OF THE FORM OF NOTICE, SCHEDULING OF A HEARING ON FINAL APPROVAL AND FOR A STAY WITH RESPECT TO CLAIMS AGAINST SETTL. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit A - Preliminary Approval Order, # 2 Exhibit A-1 - Long Form Notice, # 3 Exhibit A-2 - Publication Notice, # 4 Exhibit B - CMST Resume, # 5 Exhibit C - Stipulation and Proposed Order for Stay)(Rehns, Daniel) (Entered: 06/14/2013)
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY (SEE DOCUMENT #230) - DECLARATION of Joel P. Laitman in Support re: 227 MOTION for Settlement FOR PRELIMINARY APPROVAL OF SETTLEMENT WITH CERTAIN DEFENDANTS, CERTIFICATION OF A SETTLEMENT CLASS, APPROVAL OF THE FORM OF NOTICE, SCHEDULING OF A HEARING ON FINAL APPROVAL AND FOR A STAY WITH RESPECT TO CLAIMS AGAINST SETTL. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit A - Preliminary Approval Order, # 2 Exhibit A-1 - Long Form Notice, # 3 Exhibit A-2 - Publication Notice, # 4 Exhibit B - CMST Resume, # 5 Exhibit C - Stipulation and Proposed Order for Stay)(Rehns, Daniel) Modified on 6/18/2013 (ldi). (Entered: 06/14/2013)
MEMORANDUM OF LAW in Support re: 227 MOTION for Settlement FOR PRELIMINARY APPROVAL OF SETTLEMENT WITH CERTAIN DEFENDANTS, CERTIFICATION OF A SETTLEMENT CLASS, APPROVAL OF THE FORM OF NOTICE, SCHEDULING OF A HEARING ON FINAL APPROVAL AND FOR A STAY WITH RESPECT TO CLAIMS AGAINST SETTL. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Rehns, Daniel) (Entered: 06/14/2013)
MOTION for Settlement FOR PRELIMINARY APPROVAL OF SETTLEMENT WITH CERTAIN DEFENDANTS, CERTIFICATION OF A SETTLEMENT CLASS, APPROVAL OF THE FORM OF NOTICE, SCHEDULING OF A HEARING ON FINAL APPROVAL AND FOR A STAY WITH RESPECT TO CLAIMS AGAINST SETTLING DEFENDANTS. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Rehns, Daniel) (Entered: 06/14/2013)
SETTLEMENT AGREEMENT WITH CERTAIN DEFENDANTS. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit Ex. A - Preliminary Approval Order, # 2 Exhibit Ex. A-1 - Long Form Notice, # 3 Exhibit Ex. A-2 - Publication Notice, # 4 Exhibit Ex. B - Order and Final Judgment)(Rehns, Daniel) (Entered: 06/14/2013)
Attachment 1 Exhibit Ex. A - Preliminary Approval Order
STIPULATION AND ORDER FOR TEMPORARY STAY: IT IS HEREBY STIPULATED AND AGREED, by and between Lead Plaintiff and the Non-Debtor Settling Defendants, that in light of the Partial Settlement and related proceedings necessary to obtain preliminary approval, this action is stayed with respect to only those claims asserted by Lead Plaintiff against the Non-Debtor Settling Defendants until June 14, 2013 subject to the filling of a Motion for Preliminary Approval of Partial Settlement. In the event Plaintiffs are unable to file the Motion for Preliminary Approval of Partial Settlement by June 14, 2013, and unless otherwise agreed upon and extended by the parties, the Non-Debtor Settling Defendants shall move, answer or otherwise respond to the amended complaint by June 28, 2013. (Signed by Judge Harold Baer on 6/10/2013) (mro) (Entered: 06/10/2013)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from William G. McGuinness dated 5/09/2013 re: For the above reasons, defendant Deutsche Bank respectfully requests that the Court clarify its ruling to dismiss the claims against it with respect to the following four offerings: RALI 2006-Q09, RALI 2006-QS11, RALI 2007-QS4, and RALI 2007-QS7. ENDORSEMENT: I think its clear and you best get on with hourly billing in preparation for trial. No more letters. SO ORDERED. (Signed by Judge Harold Baer on 5/14/2013) (ama) (Entered: 05/14/2013)
CONSOLIDATED THIRD AMENDED COMPLAINT amending 121 Amended Complaint,,, against Bank of America Corporation, David M. Bricker, Citigroup Global Markets, Inc., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., JP Morgan Chase, Inc., James G. Jones, Lisa R. Lundsten, Morgan Stanley & Co., Inc., Davee L. Olsen, Bruce J. Paradis, Bruce Paradis, RBS Greenwich Capital, RBS Securities Inc., Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, U.S. Bank National Association, UBS Investment Bank, UBS Securities, LLC, James N. Young, Merrill Lynch Pierce Fenner & Smith, Inc..Document filed by New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust. Related document: 121 Amended Complaint filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(cd) (Entered: 05/14/2013)
NOTICE OF APPEARANCE by Israel David on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (David, Israel) (Entered: 05/01/2013)
AMENDED SCHEDULING ORDER: WHEREAS, at the request of the Court, the parties have met and conferred and have reached agreement concerning a pre-trial schedule governing further proceedings in this action, including with respect to the "Original Offerings" (RALI 2006-Q07, RALI 2007-QSI, RALI 2007-QH4, and RALI 2007-Q04) and with respect to the "Intervenor Offerings" (RALI 2006-Q09, RALI2006-Q010, RALI 2006-QS8, RALI2006-QS18, RALI2007-Q02). ENDORSEMENT: Changes in class notice date/expert report dates will not affect The Disposition Motion deadline or the January 2015 TTC. SO ORDERED. Bank of America Corporation answer due 6/10/2013; David M. Bricker answer due 6/10/2013; Citigroup Global Markets, Inc. answer due 6/10/2013; Credit Suisse Securties (USA), LLC answer due 6/10/2013; Deutsche Bank Securities, Inc. answer due 6/10/2013; Kenneth M. Duncan answer due 6/10/2013; Ralph T. Flees answer due 6/10/2013; Goldman Sachs & Co. answer due 6/10/2013; JP Morgan Chase, Inc. answer due 6/10/2013; James G. Jones answer due 6/10/2013; Lisa R. Lundsten answer due 6/10/2013; Morgan Stanley & Co., Inc. answer due 6/10/2013; Davee L. Olsen answer due 6/10/2013; Bruce J. Paradis answer due 6/10/2013; Bruce Paradis answer due 6/10/2013; RBS Securities Inc. answer due 6/10/2013; Residential Accredit Loans, Inc. answer due 6/10/2013; Residential Capital, LLC answer due 6/10/2013; Residential Funding Securities Corporation answer due 6/10/2013; Residential Funding, LLC answer due 6/10/2013; UBS Securities, LLC answer due 6/10/2013; James N. Young answer due 6/10/2013. Amended Pleadings due by 5/10/2013. (Signed by Judge Harold Baer on 4/30/2013) (ama) (Entered: 04/30/2013)
OPINION AND ORDER: #103154 I have considered the parties' remaining arguments and find them to be without merit. Harborview Plaintiffs' motion for reconsideration is GRANTED, and RALI Plaintiffs' motion for reconsideration is GRANTED in part and DENIED in part as set out above. The letter motions seeking for additional briefing is DENIED. SO ORDERED. (Signed by Judge Harold Baer on 4/30/2013) (ama) Modified on 5/1/2013 (jab). (Entered: 04/30/2013)
NOTICE OF CHANGE OF ADDRESS by Scott Douglas Thomson on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC. New Address: Cohen & Gresser LLP, 800 Third Avenue, 21st Floor, New York, New York, USA 10022, (212) 957 - 7600. (Thomson, Scott) (Entered: 04/03/2013)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joel Laitman dated 3/15/2013 re: we request that the provisions relating to the issuance of class notice (Paragraphs 3-6) be stricken and replaced with the following sentence: Upon resolution of Defendants' pending Rule 23(f) Petition, the parties shall meet and confer concerning the timing and content of a proposed class notice. ENDORSEMENT: The proposed modification is agreeable with me. Send me the "final" version. SO ORDERED. (Signed by Judge Harold Baer on 3/27/2013) (ama) (Entered: 03/27/2013)
MANDATE of USCA (Certified Copy) USCA Case Number 12-4415. Petitioners, through counsel, move, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the District Court's order granting Respondents' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is unwarranted. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 3/26/2013. Certified: 3/26/2013. (nd) (Entered: 03/27/2013)
AMENDED SCHEDULING ORDER: Fact discovery may commence as to the Intervenor Offerings, and recommencement as to the Original Offerings, starting February 4, 2013; Deadline for Plaintiffs filing an amended complaint is on or before April 30, 2013; Defendants will answer the amended complaint, if one is filed, by June 30, 2013; Plaintiffs' motion for class certification of the Intervenor Offerings will be made by June 25, 2013; Plaintiffs' reply in support of class certification of the Intervention Offerings made by September 15, 2013; Completion of fact discovery by Dec. 15,2013; As Further set forth in this Order. ENDORSEMENT: After consultation with Mag. Judge Freeman I have made several changes and this constitutes the Amended Order. SO ORDERED. Motions due by 6/15/2014. Responses due by 8/15/2014 Replies due by 9/15/2014. Fact Discovery due by 12/15/2013. Expert Discovery due by 4/15/2014. Pretrial Order due by 12/15/2014. (Signed by Judge Harold Baer on 3/13/2013) (ama) Modified on 3/14/2013 (ama). Modified on 3/15/2013 (ama). Modified on 3/15/2013 (ama). (Entered: 03/13/2013)
SCHEDULING ORDER: Deadline for Plaintiffs filing an amended complaint is on or before April 30, 2013. Defendants will answer the amended complaint, if one is filed, by June 30, 2013. Plaintiffs' motion for class certification of the Intervenor Offerings will be made by June 25, 2013. Defendants' opposition to class certification of the Intervenor Offerings made by September 11, 2013. Plaintiffs' reply in support of class certification of the intervention Offerings made by November 29, 2013. Completion of document productions by October 30, 2013 (this is subject to modification based on when the requisite relief is obtained from the stay imposed by the Bankruptcy Court). Completion of fact discovery by February 15, 2014 (this is subject to modification based on when the requisite relief is obtained from the stay imposed by the Bankruptcy Court). Expert discovery to be completed by July 15, 2014 (this is subject to modification based on when the requisite relief is obtained from the stay imposed by the Bankruptcy Court). Motions for summary judgment filed by August 30, 2014. Oppositions to summary judgment filed by October 15, 2014. Reply in support of summary judgment filed by November 30, 2014. In the event, the Court denies the summary judgment motions in part or in whole by January 1, 2015, the Parties will submit a joint Pretrial Order by February 15, 2015 and the case shall be added the March 2015 trailing trial calendar. Additional relief as set forth in this Order. (Amended Pleadings due by 4/30/2013. Motions due by 8/30/2014. Responses due by 10/15/2014 Replies due by 11/30/2014. Fact Discovery due by 2/15/2014. Expert Discovery due by 7/15/2014. Pretrial Order due by 2/15/2015. All Defendants). (Signed by Magistrate Judge Debra C. Freeman on 2/15/2013) (pl) Modified on 2/20/2013 (pl). (Entered: 02/19/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 207 Motion for Robert J. Kopecky to Appear Pro Hac Vice. ENDORSEMENT: Application for pro hac vice GRANTED. The Clerk is instructed to close this motion. So Ordered. (Signed by Judge Harold Baer on 2/6/2013) (js) (Entered: 02/06/2013)
NOTICE OF APPEARANCE by Scott Douglas Thomson on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (Thomson, Scott) (Entered: 02/01/2013)
NOTICE OF APPEARANCE by Colin Christopher Bridge on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (Bridge, Colin) (Entered: 02/01/2013)
NOTICE OF APPEARANCE by Brian Douglas Sieve on behalf of GMAC RFC Securities, Residential Funding Securities Corporation (Sieve, Brian) (Entered: 01/31/2013)
MOTION for Robert J. Kopecky to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GMAC RFC Securities, Residential Funding Securities Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kopecky, Robert) (Entered: 01/31/2013)
NOTICE OF APPEARANCE by Michael Courtney Keats on behalf of GMAC RFC Securities, Residential Funding Securities Corporation (Keats, Michael) (Entered: 01/30/2013)
SCHEDULING ORDER: The above-captioned cases having been referred to this Court to address discovery issues, it is hereby ORDERED that all counsel shall appear for a discovery conference before this Court on February 1,2013 at 11 :00 a.m., at the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17A. SO ORDERED. ( Discovery Conference set for 2/1/2013 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 1/11/2013) Copies Sent By Chambers. (ama) (Entered: 01/11/2013)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for If referral is for pretrial scheduling order/discovery disputes for a specific period when the District Judge is unavailable, the time period of the referral: 1/8/13-3/4/13. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Harold Baer on 1/8/2013) (cd) (Entered: 01/08/2013)
OPINION AND ORDER. I have considered the parties' remaining arguments and find them to be without merit. Defendants' motion to dismiss, RALI Defendants' motion to stay, and Plaintiffs' motion to reconsider are all DENIED. Plaintiffs' application for the modification of class definition in both cases is GRANTED. The Clerk of the Court is instructed to close the two motions and remove them from my docket. As per my email, I anticipate your new pretrial scheduling orders by Monday noon. (Signed by Judge Harold Baer on 1/3/2013) (rjm) (Entered: 01/04/2013)
REPLY MEMORANDUM OF LAW in Support re: 195 MOTION to Stay.. Document filed by Bank of America Corporation, David M. Bricker, Citigroup Global Markets, Inc., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., JP Morgan Chase, Inc., James G. Jones, Lisa R. Lundsten, Morgan Stanley & Co., Inc., Davee L. Olsen, Bruce J. Paradis, RBS Securities Inc., Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 12/26/2012)
DECLARATION of MICHAEL EISENKRAFT in Support re: 192 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Laitman, Joel) (Entered: 12/14/2012)
REPLY MEMORANDUM OF LAW in Support re: 192 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Laitman, Joel) (Entered: 12/14/2012)
REPLY MEMORANDUM OF LAW in Support re: 189 MOTION to Dismiss the Claims Asserted by the Intervenor-Plaintiffs Based on the Statute of Repose.. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 12/10/2012)
MEMORANDUM OF LAW in Support re: 195 MOTION to Stay. , and in Opposition to 192 Plaintiffs' Rule 54(b) Motion for Reconsideration of the Court's March 31, 2010 Opinion and Order. Document filed by Bank of America Corporation, David M. Bricker, Citigroup Global Markets, Inc., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., JP Morgan Chase, Inc., James G. Jones, Lisa R. Lundsten, Morgan Stanley & Co., Inc., Davee L. Olsen, Bruce J. Paradis, RBS Securities Inc., Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 12/05/2012)
MOTION to Stay. Document filed by Bank of America Corporation, David M. Bricker, Citigroup Global Markets, Inc., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., JP Morgan Chase, Inc., James G. Jones, Lisa R. Lundsten, Morgan Stanley & Co., Inc., Davee L. Olsen, Bruce J. Paradis, RBS Securities Inc., Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young.(McGuinness, William) (Entered: 12/05/2012)
MEMORANDUM OF LAW in Opposition re: 189 MOTION to Dismiss the Claims Asserted by the Intervenor-Plaintiffs Based on the Statute of Repose.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 12/03/2012)
MEMORANDUM OF LAW in Support re: 192 MOTION for Reconsideration re; 58 Memorandum & Opinion,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Rehns, Kenneth) (Entered: 11/16/2012)
MOTION for Reconsideration re; 58 Memorandum & Opinion,,,. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit.(Rehns, Kenneth) (Entered: 11/16/2012)
MEMORANDUM OF LAW in Support re: 189 MOTION to Dismiss the Claims Asserted by the Intervenor-Plaintiffs Based on the Statute of Repose.. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 11/16/2012)
DECLARATION of Alexander T. Korn in Support re: 189 MOTION to Dismiss the Claims Asserted by the Intervenor-Plaintiffs Based on the Statute of Repose.. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McGuinness, William) (Entered: 11/16/2012)
MOTION to Dismiss the Claims Asserted by the Intervenor-Plaintiffs Based on the Statute of Repose. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young.(McGuinness, William) (Entered: 11/16/2012)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joel P. Laitman dated 11/7/2012 re: Counsel for plaintiff writes that after this morning's conference call with the Court, the parties have met and conferred on a revised schedule on the two initial motions contemplated in the proposed scheduling orders as follows: That any motion for reconsideration relating to dismissal of the previously dismissed Offering shall be filed by Class Counsel on or before November 16, 2012. Defendants Opposition shall be filed on or before December 5, 2012; Plaintiffs reply shall be filed on or before December 14, 2012. Any motion to dismiss based on application of the statute of repose to the Intervenor Offerings shall be filed by Defendants Counsel on or before November 16, 2012; Plaintiffs Opposition shall be filed on or before December 3, 2012. Defendants Reply shall be filed on or before December 10, 2012. ENDORSEMENT: So Ordered.., ( Motions due by 11/16/2012., Responses due by 12/5/2012, Replies due by 12/14/2012.) (Signed by Judge Harold Baer on 11/8/2012) (pl) (Entered: 11/08/2012)
MEMORANDUM OF LAW in Support re: 186 MOTION for Reconsideration re; 185 Memorandum & Opinion,,,,,,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 11/05/2012)
MOTION for Reconsideration re; 185 Memorandum & Opinion,,,,,,,,. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 11/05/2012)
OPINION AND ORDER # 102486 re: (167 in 2:08-cv-08781-HB-RLE, 167 in 2:08-cv-08781-HB-RLE, 167 in 2:08-cv-08781-HB-RLE) MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, (182 in 2:08-cv-05093-HB-DCF, 182 in 2:08-cv-05093-HB-DCF, 182 in 2:08-cv-05093-HB-DCF) MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. I have considered the parties' remaining arguments and find them to be without merit. Because I am persuaded that Plaintiffs' expanded record provides a sufficient basis for me to find that common issues predominate over individual ones once the class is further narrowed to those who bought the securities on the date of offering directly from the issuers, Plaintiffs' amended motion for class certification is GRANTED in accordance with, this decision. Plaintiffs are appointed Class Representatives, and Cohen Milstein Sellers & Toll PLLC as Class Counsel, subject to its submission of an additional memorandum. The parties in both cases are also ordered to confer and submit a new pre-trial scheduling order within 10 days from the date hereof. The Clerk of the Court is instructed to close the two motions and remove them from my docket. (Signed by Judge Harold Baer on 10/15/2012) (lmb) Modified on 10/16/2012 (ft). (Entered: 10/15/2012)
DECLARATION of Alfred L. Fatale III in Opposition re: 179 Reply Memorandum of Law in Support of Motion,,. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (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)(McGuinness, William) (Entered: 08/31/2012)
MEMORANDUM OF LAW in Opposition re: 179 Reply Memorandum of Law in Support of Motion,, (Defendants' Supplemental Consolidated Memorandum in Opposition to Plaintiffs' Renewed Request for Class Certification). Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 08/31/2012)
DECLARATION of Michael Eisenkraft in Support re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (FILED UNDER SEAL), # 3 Exhibit 3)(Eisenkraft, Michael) (Entered: 08/22/2012)
179
Filed: 8/22/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). [REDACTED - FILED UNDER SEAL). Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 08/22/2012)
178
Filed: 8/22/2012, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 08/22/2012)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from William G. McGuinness dated 8/17/2012 re: We note that the Court issued an order in the related Harborview matter setting a schedule for supplemental briefing and oral argument for September 6, 2012. Given that the Court has historically dealt with the RALI and Harborview matters together, it is unclear to us whether the Court intended for the Harborview order also to apply to the RALI matter. Whether or not that is the case, we are prepared to provide the Court with whatever additional briefing it may require on the class certification question in the RALI matter, and we reiterate our previous request for argument and are prepared to participate at the September 6, 2012 hearing or otherwise at your Honor's convenience. ENDORSEMENT: My 8/13 Order applies to both matters 08 cv 8781 and 08 cv 5093. (Signed by Judge Harold Baer on 8/17/2012) (djc) (Entered: 08/17/2012)
DECLARATION of Scott Walter in Opposition re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(McGuinness, William) (Entered: 08/06/2012)
DECLARATION of Chetan Vohra in Opposition re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(McGuinness, William) (Entered: 08/06/2012)
DECLARATION of John Carroll in Opposition re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(McGuinness, William) (Entered: 08/06/2012)
MEMORANDUM OF LAW in Opposition re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). (REDACTED). Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Funding Securities Corporation, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 08/06/2012)
CERTIFICATE OF SERVICE. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 08/06/2012)
DECLARATION of Michael Eisenkraft in Support of Lead Plaintiffs' Revised Motion for Class Certification in Support re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1 - 29)(Eisenkraft, Michael) (Entered: 08/06/2012)
MEMORANDUM OF LAW in Support re: 167 MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 08/06/2012)
MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s)., MOTION to Appoint Counsel., MOTION to Certify Class. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Eisenkraft, Michael) (Entered: 08/06/2012)
STIPULATION OF SUBSTITUTION OF COUNSEL: that Kirkland & Ellis LLP is hereby substituted for Carpenter, Lipps & Leland LLP as attorneys for Defendant GMAC RFC Securities. (Signed by Judge Harold Baer on 7/26/2012) (cd) (Entered: 07/26/2012)
DECLARATION of Matthew Solum in Support re: 163 MOTION to Substitute Attorney. Old Attorney: Carpenter, Lipps & Leland LLP, New Attorney: Kirkland & Ellis LLP.. Document filed by Residential Funding Securities Corporation. (Attachments: # 1 Exhibit A)(Solum, Matthew) (Entered: 07/23/2012)
ORDER FOR ADMISSION PRO HAC VICE granting 158 Motion for Jeffrey S. Powell to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. ENDORSEMENT: Application for Pro Hao Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 7/9/2012) (ft) (Entered: 07/09/2012)
ORDER FOR ADMISSION PRO HAC VICE granting 157 Motion for Daniel T. Donovan to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 7/9/2012) (ft) (Entered: 07/09/2012)
ORDER FOR ADMISSION PRO HAC VICE granting 156 Motion for Patrick M. Bryan to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 7/9/2012) (ft) (Entered: 07/09/2012)
Costs Taxed as to 148 USCA Mandate,,, USCA Case Number 11-1683-cv. in the amount of $5,176.88. Docketed as Judgment #12,1098 on 06/20/2012 in favor of RALI Defendants-Appellees (Residential Capital, LLC, et al) against Appellants New Jersey Carpenters Heal Fund, et al. (nd) (Entered: 06/21/2012)
ORDER GRANTING APPLICATION OF DAVID A. BECK FOR ADMISSION PRO HAC VICE:granting 153 Motion for David A. Beck to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 6/20/2012) (lmb) (Entered: 06/21/2012)
MOTION for David A. Beck to Appear Pro Hac Vice. Document filed by David M. Bricker, Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce Paradis, Residential Funding Securities Corporation, James N. Young.(pgu) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by Daniel Hershel Tabak on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (Tabak, Daniel) (Entered: 05/30/2012)
NOTICE OF APPEARANCE by Brett D. Jaffe on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (Jaffe, Brett) (Entered: 05/30/2012)
NOTICE OF APPEARANCE by Lawrence Thomas Gresser on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (Gresser, Lawrence) (Entered: 05/30/2012)
ENDORSED LETTER addressed to Judge Harold Baer from Joel Laitman dated 5/24/2012 re: We write in opposition to the Defendants' letter of today seeking to compel Plaintiff to precisely define the scope of the revised class in less than a week by May 30, 2012 -before Plaintiffs have conducted any of the discovery authorized by the Court. ENDORSEMENT: Defendant's request for additional time is denied, conditioned on the depositions occurring as has been proposed and that plaintiff provides, as it offers, a class definition so defendants have a month or more for any additional discovery, if both parties can agree, submissions may be seriatim, but in any event, they must be in Chambers fully briefed by 8/6. (Signed by Judge Harold Baer on 5/29/2012) (cd) (Entered: 05/29/2012)
MANDATE of USCA (Certified Copy) USCA Case Number 11-1683-cv. The district court did not abuse its discretion in denying class certification on thisrecord. We note, however, that our review is limited to the class definition that the judge rejected, and to the record as it stood at the time of this motion to certify. Our determination on this Rule 23(f) appeal is therefore without prejudice to further motion practice in the district court. Cf. Fed. R. Civ. P. 23(c)(1)(C) (An order that grants or denies class certification may be altered or amended before final judgment.). For the foregoing reasons, the district courts denial of class certification in both of these cases is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/21/2012. (tp) (Entered: 05/22/2012)
ENDORSED LETTER addressed to Judge Harold Baer Jr. from Joel P. Laitman dated 4/30/12 re: Based on the Second Circuit's ruling, Counsel seeks to lift the discovery stay in both actions for 60 days for the limited purpose of conducting additional limited discovery. ENDORSEMENT: I believe the Circuit was at least amenable if not suggesting another go round so I will order 60 days of discovery starting today and additional briefs of 10 pages of anything new and different, 10 pages for plaintiff and 10 pages from both defendants of anything new to be submitted on or before August 6, 2012. (Signed by Judge Harold Baer on 5/7/2012) (mro) (Entered: 05/07/2012)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joel P. Laitman dated 3/15/2012 re: Counsel for the lead plaintiffs write on behalf of all counsel to request that the current stay of these actions be continued and that the cases remain on the Court's suspense docket. ENDORSEMENT: Thanks - at least there is movement, keep me posted. I'll continue on suspense until June 15 or earlier if something happens. (Signed by Judge Harold Baer on 3/15/2012) (ft) (Entered: 03/16/2012)
ENDORSED LETTER addressed to Judge Harold Baer from Joel P. Laitman dated 1/9/2012 re: We respectfully request that the current stay of these actions be continued and that the cases remain on the Court's suspense docket. ENDORSEMENT: I am anxious that we move cases - I'll extend suspense to March 15, 2012 and a status report at that time. (Signed by Judge Harold Baer on 1/10/2012) (lmb) (Entered: 01/10/2012)
ENDORSED LETTER addressed to Judge Harold Baer from Alan C. Turner dated 8/24/2011 re: The parties jointly request that the case management conference scheduled for 9/8 be adjourned until such time as the second circuit has issued its ruling on the appeals. ENDORSEMENT: I will extend the time on my suspense calendar to January 9, 2012. At that time so the matter remains active please provide a status report of some sort and if the matter is decided earlier notify me fortwith. So Ordered. (Signed by Judge Harold Baer on 8/25/2011) (jfe) (Entered: 08/25/2011)
NOTICE of Withdrawal of Motion re: 138 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by New Jersey Carpenters Health Fund. (Bunch, Stephen) (Entered: 06/22/2011)
MEMORANDUM OF LAW in Opposition re: 138 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 06/21/2011)
NOTICE of MOTION re: 139 Declaration in Support of Motion, 138 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by New Jersey Carpenters Health Fund. (Eisenkraft, Michael) (Entered: 06/07/2011)
DECLARATION of MICHAEL B. EISENKRAFT in Support re: 138 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by New Jersey Carpenters Health Fund. (Eisenkraft, Michael) (Entered: 06/06/2011)
FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES. Document filed by New Jersey Carpenters Health Fund.(Eisenkraft, Michael) (Entered: 06/06/2011)
ORDER. These cases have been stayed pending an interlocutory review of the Court's denial of class certification. While defendants may raise their timeliness concerns after the stay is lifted, I decline to rule on them now. This Order should not be construed to reflect any predisposition as to the defendants' concerns. The Clerk of the Court is directed to place these cases on my suspense calendar. (Signed by Judge Harold Baer on 5/26/11) (rjm) (Entered: 05/31/2011)
ORDER. The parties' joint request to adjourn the August 18, 2011 status conference is granted. The parties are directed to appear in Chambers for a conference on September 8, 2011 at 2:00 P.M. (Status Conference set for 9/8/2011 at 02:00 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 5/26/11) (djc) (Entered: 05/26/2011)
AMENDED OPINION AND ORDER: #100269 For the foregoing reasons, the motions to dismiss are GRANTED to the extent that Intervenors' section 12 claims are dismissed, RALI Intervenors' Section 15 claims against the Underwriter Defendants are dismissed, IPERS' s claims related to Harborview offerings 2006-10 and 2007-7 are dismissed, and OCERS's claims related to RALI offering 2006Q06 are dismissed. Having considered Defendants' remaining arguments and found them unavailing, the motions to dismiss are otherwise DENIED. The Mississippi Public Employees' Retirement System ("MissPERS") indicated that it would agree to withdraw should the Court grant OCERS's motion to intervene. See 08cv8781 Dkt. No. 109, 1 n.2. OCERS was granted leave to intervene, and although MissPERS did not formally move to withdraw, it is hereby dismissed. The Clerk of the Court is instructed to close the relevant motions (08cv8781 Dkt. No. 126) (08cv5093 Dkt. No. 152). (Signed by Judge Harold Baer on 5/19/2011) (jpo) Modified on 5/24/2011 (ajc). (Entered: 05/19/2011)
NOTICE OF APPEARANCE by David B. Hennes on behalf of Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., UBS Securities, LLC (Hennes, David) (Entered: 05/16/2011)
ENDORSED LETTER addressed to Judge Harold Baer, Jr from Joel P. Laitman dated 5/5/2011 re: Counsel respectfully request a stay of all proceedings and discovery in this matter until the Second Circuit issues its decision. ENDORSEMENT: A stay is hereby granted without object not until the Circuit decides the motion but until August 18 at 3:00 P.M. when we will consider any further extension at a pre trial conference. Obviously if the Circuit has decided the matter prior thereto you will call Chambers to set an earlier date for a pre trial conference. So Ordered. (Signed by Judge Harold Baer on 5/11/2011) (jfe) (Entered: 05/12/2011)
MANDATE of USCA (Certified Copy) USCA Case Number 11-0382-mv. Petitioners, through counsel, move, pursuant to FRCP 23(f), for leave to appeal the district court's order denying Petitioners' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/28/2011. (nd) (Entered: 04/29/2011)
OPINION AND ORDER: #100269 For the reasons set forth on this Opinion and Order, the motions to dismiss are GRANTED to the extent that Intervenors' section 12 claims are dismissed, RALI Intervenors' Section 15 claims against the Underwriter Defendants are dismissed, IPERS's claims related to Harborview offerings 2006-10 and 2007-7 are dismissed, and OCERS's claims related to RALI offering 2006-Q06 are dismissed. Having considered Defendants' remaining arguments and found them unavailing, the motions to dismiss are otherwise DENIED. The Mississippi Public Employees' Retirement System ("MissPERS") moved for and was granted leave to intervene in the RALI case. However, it is not named in the RALI SAC, has filed no other pleading, nor responded to the motion to dismiss. These lapses are grounds to dismiss for failure to prosecute, and MissPERS is hereby dismissed. See Lewis v. Rawson, 564 F.3d 569, 576 (2d Cir. 2009). The Clerk of the Court is instructed to close the relevant motion (08cv8781 Dkt. No. 126) (08cv5093 Dkt. No. 152). (Signed by Judge Harold Baer on 4/28/2011) (ab) Modified on 4/29/2011 (ajc). (Entered: 04/28/2011)
REPLY MEMORANDUM OF LAW in Support re: 126 MOTION to Dismiss.. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 02/14/2011)
MEMORANDUM OF LAW in Opposition re: 126 MOTION to Dismiss.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Rehns, Kenneth) (Entered: 02/09/2011)
MEMORANDUM OF LAW in Support re: 126 MOTION to Dismiss. (Redacted). Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 01/25/2011)
MOTION to Dismiss. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young.(McGuinness, William) (Entered: 01/25/2011)
OPINION AND ORDER: #99854 Plaintiffs have not met their burden of showing, by a preponderance of the evidence, that all the Rule 23 requirements have been satisfied. Ultimately, the individualized issues presented by the putative class members in both the RALI and Harborview cases predominate, and class treatment is not superior. The motions for class certification is therefore DENIED. As a result I need not consider whether to appoint Lead Plaintiffs as class representatives, nor whether to appoint Cohen Milstein Sellers & Toll PLLC as class counsel. The Clerk of the Court is instructed close the relevant motions and remove them from my docket. (Signed by Judge Harold Baer on 1/18/2011) (jar) Modified on 1/19/2011 (ajc). (Entered: 01/18/2011)
JOINT OPPOSITION BRIEF re: 103 Notice (Other), Notice (Other) (Redacted). Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young.(Goldstein, Stephanie) (Entered: 01/06/2011)
CONSOLIDATED AMENDED SECURITIES CLASS ACTION COMPLAINT amending 27 Amended Complaint,, against Bank of America Corporation, David M. Bricker, Citigroup Global Markets, Inc., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, JP Morgan Chase, Inc., James G. Jones, Lisa R. Lundsten, Morgan Stanley & Co., Inc., Davee L. Olsen, Bruce J. Paradis, RBS Securities Inc., Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young.Document filed by New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust. Related document: 27 Amended Complaint,, filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(mro) (mro). (Entered: 01/04/2011)
OPINION AND ORDER: #99775 For the foregoing reasons, the motions to intervene are GRANTED. In view of the reintroduction to the lawsuit of those offerings in which the Intervenors' purchased certificates, the parties are directed to submit a joint proposed order setting a new deadline for the completion of discovery as well as a deadline for briefing any motion to dismiss the Intervenors' claims that Defendants may wish to bring. Any such motion may be supported by memoranda submitted on a joint basis by all parties in each case not to exceed five pages for the collective moving parties, five pages for the collective opposing parties, and three pages for any reply, and fully briefed and in Chambers no or before February 14, 2010. Further briefing on the issue of class certification is unnecessary because the Intervenors' claims merely relate to more offerings of the same certificates currently in the lawsuit, and further argumentation on whether class certification would be appropriate as to those specific offerings would be redundant. The Clerk of the Court is instructed close the relevant motions (08cv8781 Docket Entry Nos. 74; 84; 91; and 98) (08cv5093 Docket Entry Nos. 102 and 116). (Signed by Judge Harold Baer on 12/21/2010) (jpo) Modified on 12/23/2010 (ajc). (Entered: 12/22/2010)
JOINT MEMORANDUM OF LAW in Opposition re: 103 Notice (Other), Notice (Other) REDACTED. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce J. Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young. (McGuinness, William) (Entered: 10/21/2010)
NOTICE OF APPEARANCE by Alfred Louis Fatale, III on behalf of Citigroup Global Markets, Inc., Goldman Sachs & Co., UBS Securities, LLC (Fatale, Alfred) (Entered: 10/06/2010)
PRETRIAL CONFERENCE ORDER, A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON OCTOBER 7, 2010, AT 10:00 A.M. IN COURTROOM 18D, 500 PEARL STREET. All counsel must be present. Plaintiffs counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. Additional relief as set forth in this Order. (Signed by Magistrate Judge Ronald L. Ellis on 9/21/10) (pl) (Entered: 09/21/2010)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Harold Baer on 9/15/10) (cd) (Entered: 09/15/2010)
JOINT REPLY MEMORANDUM OF LAW in Support re: 91 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenor Midwest Operating Engineers Pension Trust Fund., 98 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenors Iowa Public Employees' Retirement System and Orange County Employees Retirement System., 74 MOTION to Intervene., 84 MOTION to Intervene.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, Mississippi Public Employees' Retirement System, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System, Police and Fire Retirement System of the City of Detroit. (Rehns, Daniel) (Entered: 08/26/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 102 Motion for Julie G. Reiser to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 8/25/10) (pl) (Entered: 08/25/2010)
SUPPLEMENTAL ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION. The following Supplemental Order for the Production and Exchange of Confidential Information (the "Supplemental Order") shall govern the handling of Sensitive Discovery Material, as further set forth in said order. The Court's "so ordering" of this protective order shall mean that production of any Sensitive Discovery Material in this action pursuant to this Supplemental Order shall satisfy and shall constitute compliance with the Producing Party's obligations under the Gramm-Leach-Bliley Act and the Fair Credit Reporting Act, including any rules or regulations promulgated thereunder, and the disclosure of any Sensitive Discovery Material in this action pursuant to this Supplemental Order shall constitute disclosure of such Sensitive Discovery Material pursuant to 15 U.S.C. sec. 6802(e)(8), 16 C.F.R. 313.15(a)(7)(iii), and 15 U.S.C. sec. 1681b(a)(1). (Signed by Magistrate Judge Ronald L. Ellis on 8/16/10) (rjm) (Entered: 08/17/2010)
JOINT MEMORANDUM OF LAW in Opposition re: 91 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenor Midwest Operating Engineers Pension Trust Fund., 98 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenors Iowa Public Employees' Retirement System and Orange County Employees Retirement System., 84 MOTION to Intervene.. Document filed by David M. Bricker, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Kenneth M. Duncan, Ralph T. Flees, GMAC RFC Securities, Goldman Sachs & Co., James G. Jones, Lisa R. Lundsten, Davee L. Olsen, Bruce Paradis, Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding Securities Corporation, Residential Funding, LLC, UBS Securities, LLC, James N. Young. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lipps, Jeffrey) (Entered: 08/16/2010)
NOTICE of MOTION OF LEAD PLAINTIFF NEW JERSEY CARPENTERS HEALTH FUND, PLAINTIFF NEW JERSEY CARPENTERS VACATION FUND, AND PLAINTIFF BOILERMAKER BLACKSMITH NATIONAL PENSION TRUST'S MOTION FOR CLASS CERTIFICATION; TO CERTIFY THEM AS CLASS REPRESENTATIVES; AND TO APPOINT COHEN MILSTEIN SELLERS & TOLL PLLC AS CLASS COUNSEL. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 08/16/2010)
MOTION for Julie G. Reiser to Appear Pro Hac Vice. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(mbe) (Entered: 08/12/2010)
NOTICE OF APPEARANCE by Richard A Speirs on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund (Speirs, Richard) (Entered: 08/03/2010)
DECLARATION of Kenneth M. Rehns in Support re: 98 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenors Iowa Public Employees' Retirement System and Orange County Employees Retirement System.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rehns, Kenneth) (Entered: 07/30/2010)
MEMORANDUM OF LAW in Support re: 98 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenors Iowa Public Employees' Retirement System and Orange County Employees Retirement System.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Orange County Employees Retirement System. (Rehns, Kenneth) (Entered: 07/30/2010)
JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenors Iowa Public Employees' Retirement System and Orange County Employees Retirement System. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System, Orange County Employees Retirement System.(Rehns, Kenneth) (Entered: 07/30/2010)
STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ronald L. Ellis on 7/16/10) (cd) (Entered: 07/16/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Christopher Lometti dated 7/15/2010 re: Plaintiffs and the Proposed Intervenors have suggested, to wait two weeks for the remaining motion to intervene to be filed, to have Defendants file a single brief in opposition by August 16, 2010, and have Plaintiffs and the Proposed Intervenors file a single joint reply brief by August 26, 2010. ENDORSEMENT: One opposition. One reply. August 26. SO ORDERED. ( Replies due by 8/26/2010, Responses due by 8/26/2010) (Signed by Judge Harold Baer on 7/16/2010) (jmi) (Entered: 07/16/2010)
DECLARATION of SUPPLEMENTAL DECLARATION of Kenneth M. Rehns in Support re: 91 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenor Midwest Operating Engineers Pension Trust Fund.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Midwest Operating Engineers Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rehns, Kenneth) (Entered: 07/13/2010)
STIPULATION GOVERNING EXPERT DISCOVERY: IT IS HEREBY STIPULATED AND AGREED as follows: The following categories of documents, data, information, or materials set forth in this Order need not be disclosed by the parties or their testifying experts and are outside the scope of permissible discovery. For all other discovery issues related to expert discovery, the parties shall be governed by the Federal Rules of Civil Procedure, the Local Rules, and Orders of this Court. (Signed by Judge Harold Baer on 7/13/2010) (jfe) (Entered: 07/13/2010)
DECLARATION of Kenneth M. Rehns in Support re: 91 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenor Midwest Operating Engineers Pension Trust Fund.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Midwest Operating Engineers Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rehns, Kenneth) (Entered: 07/13/2010)
MEMORANDUM OF LAW in Support re: 91 JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenor Midwest Operating Engineers Pension Trust Fund.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund, Midwest Operating Engineers Pension Trust Fund. (Rehns, Kenneth) (Entered: 07/13/2010)
JOINT MOTION to Intervene by Plaintiffs and Proposed Intervenor Midwest Operating Engineers Pension Trust Fund. Document filed by Midwest Operating Engineers Pension Trust Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 07/13/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from James A. Harrod dated 7/7/10 re: Lead Plaintiff and Public Employees' Retirement System of Mississippi ("Miss. PERS") respectfully request permission to file a single consolidated reply brief of no more than fifteen pages. ENDORSEMENT: One brief, fifteen pages, is fine. (Signed by Judge Harold Baer on 7/12/10) (rjm) (Entered: 07/13/2010)
ENDORSED LETTER addressed to Judge Harold Baer from James A. Harrod dated 6/11/2010 re: The parties have agreed to a briefing schedule where Defendants will file a response or responses on July 1, 2010 and where Miss. Pers and Lead Plaintiff will file a reply on July 13, 2010. ENDORSEMENT: All pending motions to intervene due by July 29. Defendants should file a single opposition to both. Motions should not be long. (Signed by Judge Harold Baer on 7/7/2010) (jpo) (Entered: 07/07/2010)
NOTICE OF APPEARANCE by Robin F. Zwerling on behalf of Police and Fire Retirement System of the City of Detroit (Zwerling, Robin) (Entered: 07/02/2010)
DECLARATION of Robin F. Zwerling in Support re: 84 MOTION to Intervene.. Document filed by Police and Fire Retirement System of the City of Detroit. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zwerling, Robin) (Entered: 07/02/2010)
MEMORANDUM OF LAW in Support re: 84 MOTION to Intervene.. Document filed by Police and Fire Retirement System of the City of Detroit. (Zwerling, Robin) (Entered: 07/02/2010)
MEMORANDUM OF LAW in Opposition re: 74 MOTION to Intervene.. Document filed by Residential Capital, LLC, Residential Funding, LLC, Bruce J. Paradis, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young, GMAC RFC Securities. (Lipps, Jeffrey) (Entered: 07/01/2010)
MEMORANDUM OF LAW in Opposition re: 74 MOTION to Intervene.. Document filed by Citigroup Global Markets, Inc., UBS Securities, LLC, Goldman Sachs & Co., Deutsche Bank Securities, Inc.. (McGuinness, William) (Entered: 07/01/2010)
MEMO ENDORSEMENT on re: 79 Motion for Jeffrey A. Lipps to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. So Ordered. (Signed by Judge Harold Baer on 6/23/2010) (jfe) (Entered: 06/23/2010)
MOTION for Jeffrey A. Lipps to Appear Pro Hac Vice. Document filed by Residential Capital, LLC, Residential Funding, LLC, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young.(mro) (Entered: 06/16/2010)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute: protective order. Referred to Magistrate Judge Ronald L. Ellis. Motions referred to Ronald L. Ellis. (Signed by Magistrate Judge Harold Baer on 6/10/2010) (jmi) (Entered: 06/11/2010)
THE RALI DEFENDANTS' NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER TO THE CLERK OF THE COURT AND ALL COUNSEL AND PARTIES OF RECORD: PLEASE TAKE NOTICE that defendants Residential Accredit Loans, Inc., Residential Capital, LLC, Residential Funding, LLC, Broce Paradis, Davee L. Olson, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. lones, David M. Bricker, James N. Young, and Residential Funding Securities Corporation d/b/a GMAC RFC Securities (the RALI Defendants") hereby substitute Lazare Potter & Giacovas LLP, 950 Third Avenue, New York, New York 10022, Telephone: (212) 758-9300, and, of counsel, Carpenter Lipps & Leland LLP, 280 Plaza. Suite 1300, 280 North High Street, Columbus, Ohio 43215, Telephone: (614) 365-4100 as their attorney of record in place of Shearman & Sterling LLP, 599 Lexington Avenue,New York, New York 10022. Telephone: (212) 848-4000. All notices given or required to be given. and all papers filed or served or required to be served in the above captioned matter, should henceforth be provided to and served upon counsel at the addresses set forth. (Signed by Judge Harold Baer on 6/10/2010) (jmi) (Entered: 06/11/2010)
DECLARATION of George W. Neville in Support re: 74 MOTION to Intervene.. Document filed by Mississippi Public Employees' Retirement System. (Harrod, James) (Entered: 06/10/2010)
MEMORANDUM OF LAW in Support re: 74 MOTION to Intervene.. Document filed by Mississippi Public Employees' Retirement System. (Harrod, James) (Entered: 06/10/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Richard Schwed dated 5/6/2010 re: We write in response to Plaintiffs' letter dated May 5, 2010. ENDORSEMENT: I'm glad to give you 30 days until June 7, 2010 but be assured that if you can't reach an accord and/or I don't find either proposal to be satisfactory I will resolve the issue and that usually does not work out as well as when the parties do it - suit yourselves. (Signed by Judge Harold Baer on 5/12/2010) (jpo) (Entered: 06/09/2010)
ANSWER to Amended Complaint. Document filed by Citigroup Global Markets, Inc., UBS Securities, LLC, Goldman Sachs & Co.. Related document: 27 Amended Complaint,, filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(McGuinness, William) (Entered: 05/26/2010)
ANSWER to Amended Complaint. Document filed by Residential Capital, LLC, Residential Funding, LLC, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young. Related document: 27 Amended Complaint,, filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Certificate of Service)(Schwed, Richard) (Entered: 05/26/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Richard Schwed dated 5/13/10 re: Request for amendment of the scheduling order pursuant to paragraph 7 of the stipulation as follows: Fact Discovery due 2/23/11; Expert Discovery due 5/23/11; Summary Judgment Motions due 6/24/11; Oppositions due 8/9/11; replies due 9/9/11; Joint Pretrial Order due 12/13/11. ENDORSEMENT: Sounds like what was agreed - once I understood it. (Discovery due by 5/23/2011. Motions due by 6/24/2011. Pretrial Order due by 12/13/2011. Replies due by 9/9/2011. Responses due by 8/9/2011) (Signed by Judge Harold Baer on 5/18/10) (db) (Entered: 05/18/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Matthew B. Kaplan is admitted to practice pro hac vice as counsel for Lead Plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of the Court. ENDORSEMENT: Application for Pro Hac Vice granted. The Clerk is instructed to close this motion. granting 68 Motion for Matthew B. Kaplan to Appear Pro Hac Vice. (Signed by Judge Harold Baer on 5/18/10) (rjm) Modified on 5/18/2010 (rjm). (Entered: 05/18/2010)
MOTION for Matthew B. Kaplan to Appear Pro Hac Vice. Document filed by New Jersey Carpenters Health Fund.(mro) Modified on 5/14/2010 (mro). (Entered: 05/14/2010)
NOTICE OF CHANGE OF ADDRESS by Christopher Lometti on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. New Address: Cohen Milstein Sellers & Toll PLLC, 88 Pine Street, 14th Floor, New York, New York, United States 10005, 212-838-7797. (Lometti, Christopher) (Entered: 04/27/2010)
NOTICE OF CHANGE OF ADDRESS by Joel Paul Laitman on behalf of New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund. New Address: Cohen Milstein Sellers & Toll PLLC, 88 Pine Street, 14th Floor, New York, New York, United States 10022, 212-838-7797. (Laitman, Joel) (Entered: 04/27/2010)
ENDORSED LETTER addressed to Judge Harold Baer from Michael Eisenkraft dated 4/14/10 re: counsel renew their request for an extension so that their motion for class certification would be due on August 15, 2010. ENDORSEMENT: I get it albeit a little obtuse and it sounds reasonable. I will also extend the class cert motion to August 15, 2010 so long as no other dates are changed by either side. (Signed by Judge Harold Baer on 4/22/10) (djc) Modified on 4/29/2010 (djc). (Entered: 04/23/2010)
NOTICE OF CHANGE OF ADDRESS by Michael Benjamin Eisenkraft on behalf of all plaintiffs. New Address: Cohen Milstein Sellers & Toll PLLC, 88 Pine Street, 14th Floor, New York, NY, USA 10005, 212.838.7797. (Eisenkraft, Michael) (Entered: 04/23/2010)
NOTICE OF CHANGE OF ADDRESS by Kenneth Mark Rehns on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. New Address: 88 Pine Street, 14th Floor, New York, New York, 10005,. (Rehns, Kenneth) (Entered: 04/22/2010)
NOTICE OF CHANGE OF ADDRESS by Daniel Brett Rehns on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. New Address: 88 Pine Street, 14th Floor, New York, New York, 10005,. (Rehns, Daniel) (Entered: 04/22/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 60 Motion for Joshua S. Devore to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 4/20/2010) (tro) (Entered: 04/21/2010)
STIPULATION EXTENDING TIME TO ANSWER THE CONSOLIDATED FIRST AMENDED SECURITIES CLASS ACTION COMPLAINT: It is hereby stipulated and agreed by and between the parties that the time RALI Defendants and Underwriter Defendants to answer the Amended Complaint shall be extended until May 26, 2010. ENDORSEMENT: Further, the motion for class certification is extended to April 30, 2010 and the remaining dates will continue as per the stipulated order. (Signed by Judge Harold Baer on 4/12/2010) (jpo) (Entered: 04/12/2010)
OPINION & ORDER re: #98780 38 MOTION to Dismiss The Consolidated First Amended Securities Class Action Complaint and 42 MOTION to Dismiss. For the foregoing reasons, Plaintiffs' claims with regard to the offerings they did not purchase are dismissed for lack of standing. Plaintiffs' claims related to allegations of conflicts of interest between the RBS Defendants and the rating agencies, as well as claims related to allegations of outdated rating models and inadequate credit enhancements, are dismissed for failure to state a claim. Plaintiffs' claims related to the disregard of underwriting guidelines may proceed. The Clerk of the Court is instructed close the relevant motions (Docket Nos. 38 and 42). SO ORDERED. (Signed by Judge Harold Baer on 3/31/2010) (tve) Modified on 4/2/2010 (ajc). (Entered: 03/31/2010)
NOTICE OF APPEARANCE by Michael Benjamin Eisenkraft on behalf of Boilermaker Blacksmith National Pension Trust (Eisenkraft, Michael) (Entered: 03/04/2010)
REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss.. Document filed by Residential Capital, LLC, Residential Funding, LLC, Bruce J. Paradis, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young. (Baskin, Stuart) (Entered: 10/30/2009)
REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss The Consolidated First Amended Securities Class Action Complaint.. Document filed by RBS Securities Inc., Citigroup Global Markets, Inc., Bank of America Corporation, UBS Securities, LLC, JP Morgan Chase, Inc., Morgan Stanley & Co., Inc., Goldman Sachs & Co., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc.. (McGuinness, William) (Entered: 10/30/2009)
MOTION for Avi Samuel Garbow to Withdraw as Attorney. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Certificate of Service)(Garbow, Avi) (Entered: 09/23/2009)
DECLARATION of Joel P. Laitman in Opposition re: 38 MOTION to Dismiss The Consolidated First Amended Securities Class Action Complaint.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/18/2009)
MEMORANDUM OF LAW in Opposition re: 38 MOTION to Dismiss The Consolidated First Amended Securities Class Action Complaint.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/18/2009)
MEMORANDUM OF LAW in Opposition re: 42 MOTION to Dismiss.. Document filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund. (Rehns, Kenneth) (Entered: 09/18/2009)
NOTICE OF APPEARANCE by Stephen Douglas Bunch on behalf of New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund (Bunch, Stephen) (Entered: 08/10/2009)
ORDER GRANTING APPLICATION OF STEVEN J. TOLL FOR ADMISSION PRO HAC VICE granting 36 Motion for Steven J. Toll to Appear Pro Hac Vice. (Signed by Judge Harold Baer on 8/3/2009) (jpo) Modified on 8/24/2009 (jpo). (Entered: 08/04/2009)
ORDER GRANTING APPLICATION OF AVI S. GARBOW FOR ADMISSION PRO HAC VICE granting 35 Motion for Avi S. Garbow to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 8/3/2009) (jpo) Modified on 8/4/2009 (jpo). (Entered: 08/04/2009)
DECLARATION of Richard F. Schwed in Support re: 42 MOTION to Dismiss.. Document filed by Residential Capital, LLC, Residential Funding, LLC, Bruce J. Paradis, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young. (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)(Baskin, Stuart) (Entered: 07/17/2009)
MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss.. Document filed by Residential Capital, LLC, Residential Funding, LLC, Bruce J. Paradis, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young. (Baskin, Stuart) (Entered: 07/17/2009)
MOTION to Dismiss. Document filed by Residential Capital, LLC, Residential Funding, LLC, Bruce J. Paradis, Residential Funding Securities Corporation, Residential Accredit Loans, Inc., Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young.(Baskin, Stuart) (Entered: 07/17/2009)
MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss The Consolidated First Amended Securities Class Action Complaint.. Document filed by RBS Securities Inc., Citigroup Global Markets, Inc., Bank of America Corporation, UBS Securities, LLC, JP Morgan Chase, Inc., Morgan Stanley & Co., Inc., Goldman Sachs & Co., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc.. (McGuinness, William) (Entered: 07/17/2009)
MOTION to Dismiss The Consolidated First Amended Securities Class Action Complaint. Document filed by RBS Securities Inc., Citigroup Global Markets, Inc., Bank of America Corporation, UBS Securities, LLC, JP Morgan Chase, Inc., Morgan Stanley & Co., Inc., Goldman Sachs & Co., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc..(McGuinness, William) (Entered: 07/17/2009)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by RBS Securities Inc., Citigroup Global Markets, Inc., Bank of America Corporation, UBS Securities, LLC, JP Morgan Chase, Inc., Morgan Stanley & Co., Inc., Goldman Sachs & Co., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc..(McGuinness, William) (Entered: 07/17/2009)
PRETRIAL ORDER: Procedures to be followed that will govern the handling of pretrial matters. ENDORSEMENT: Lead counsel is appointed on the understanding that they and any co-counsel will adhere to the spirit of my decision in In re J.P. Morgan Chase Cash Balance Litigation, 242 F.R.D. 265, 277-78 (S.D.N.Y. 2007). SO ORDERED. (Signed by Judge Harold Baer on 6/30/09) (db) (Entered: 06/30/2009)
NOTICE OF CHANGE OF ADDRESS by Joel Paul Laitman on behalf of New Jersey Carpenters Health Fund. New Address: Cohen Milstein Sellers & Toll, PLLC, 150 East 52nd Street, Suite 30th Floor, New York, NY, 10022, (212) 838-7797. (Laitman, Joel) (Entered: 06/19/2009)
ENDORSED LETTER addressed to Judge Harold Baer from William McGuinness dated 6/1/09 re: Counsel for the Underwriter Defendants respectfully join the Issuer Defendnts' 5/29/09 request that the Court extend the Defendants' time to respond to the consolidated First Amended Securities Class Action Complaint from 6/15/09 to 7/17/09. Counsel respectfully requests that, in the event the Underwriter Defendants move to dismiss the Amended Complaint, they be permitted to submit a joint brief from the Issuer Defendants. ENDORSEMENT: The extension to July 17 for response is granted and I believe you mean July on line 4. Be that as it may I don't need more paper if the underwriter thinks so they can have for all 4 of them 15 pages assuming it is separate from the issuer defendants. (Signed by Judge Harold Baer on 6/18/09) (tro) (Entered: 06/19/2009)
ENDORSED LETTER addressed to Judge Harold Baer from Richard Schwed dated 5/29/09 re: Request that all defendants have until 7/17/09 to answer the amended complaint. ENDORSEMENT: The extension to 7/17 is OK with me but keep in mind the answering paper date will not change. Residential Capital, LLC answer due 7/17/2009; Residential Funding, LLC answer due 7/17/2009; Bruce J. Paradis answer due 7/17/2009; Residential Funding Securities Corporation answer due 7/17/2009; RBS Securities Inc. answer due 7/17/2009; Citigroup Global Markets, Inc. answer due 7/17/2009; Bank of America Corporation answer due 7/17/2009; UBS Securities, LLC answer due 7/17/2009; JP Morgan Chase, Inc. answer due 7/17/2009; Morgan Stanley & Co., Inc. answer due 7/17/2009; Residential Accredit Loans, Inc. answer due 7/17/2009; Bruce Paradis answer due 7/17/2009; Davee L. Olsen answer due 7/17/2009; Kenneth M. Duncan answer due 7/17/2009; Ralph T. Flees answer due 7/17/2009; Lisa R. Lundsten answer due 7/17/2009; James G. Jones answer due 7/17/2009; David M. Bricker answer due 7/17/2009; James N. Young answer due 7/17/2009; Goldman Sachs & Co. answer due 7/17/2009; Credit Suisse Securties (USA), LLC answer due 7/17/2009; Deutsche Bank Securities, Inc. answer due 7/17/2009. (Signed by Judge Harold Baer on 6/1/09) (cd) (Entered: 06/02/2009)
NOTICE OF CHANGE OF ADDRESS by Kenneth Mark Rehns on behalf of New Jersey Carpenters Health Fund. New Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, 212-838-7797. (Rehns, Kenneth) (Entered: 05/26/2009)
NOTICE OF CHANGE OF ADDRESS by Daniel Brett Rehns on behalf of New Jersey Carpenters Health Fund. New Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, 212-838-7797. (Rehns, Daniel) (Entered: 05/21/2009)
NOTICE OF APPEARANCE by Kenneth Mark Rehns on behalf of New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Health Fund (Rehns, Kenneth) (Entered: 05/18/2009)
CONSOLIDATED FIRST AMENDED SECURITIES CLASS ACTION COMPLAINT against Residential Capital, LLC, Residential Funding, LLC, Bruce J. Paradis, Residential Funding Securities Corporation, RBS Securities Inc., Citigroup Global Markets, Inc., Bank of America Corporation, UBS Securities, LLC, JP Morgan Chase, Inc., Morgan Stanley & Co., Inc., Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young, Goldman Sachs & Co., Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc..Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Health Fund.(dle) (Entered: 05/18/2009)
DECLARATION of Christopher Lometti in Support re: 25 MOTION to Appoint Counsel Cohen Milstein Sellers & Toll PLLC.. Document filed by New Jersey Carpenters Health Fund. (Rehns, Daniel) (Entered: 05/08/2009)
MOTION to Appoint Counsel Cohen Milstein Sellers & Toll PLLC. Document filed by New Jersey Carpenters Health Fund.(Rehns, Daniel) (Entered: 05/08/2009)
STIPULATED SCHEDULING ORDER: Amended Pleadings due by 6/15/2009. Motion to Dismiss by 6/15/09. Response by 9/18/09. Reply by 10/30/09. Class Certification Motions due by 3/31/2010. Responses due by 5/30/2010. Replies due by 6/30/2010. Fact Discovery due 11/30/10. Summary Judgment Motions by 3/31/11. Expert Discovery due by 2/28/2011. Joint Pretrial Order due by 9/19/2011. All other details are as further set forth in said Order. (Signed by Judge Harold Baer on 4/27/09) (db) (Entered: 04/29/2009)
NOTICE OF APPEARANCE by Joel Paul Laitman on behalf of New Jersey Carpenters Vacation Fund, New Jersey Carpenters Health Fund (Laitman, Joel) (Entered: 04/16/2009)
NOTICE OF CHANGE OF ADDRESS by Christopher Lometti on behalf of New Jersey Carpenters Vacation Fund, New Jersey Carpenters Health Fund. New Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th Floor, New York, NY, USA 10022, 212-838-7797. (Lometti, Christopher) (Entered: 04/15/2009)
MEMORANDUM OF LAW in Support re: 19 MOTION to substitute Attorney (Motion for Substitution of Proposed Lead Counsel). Document filed by New Jersey Carpenters Vacation Fund. (Lometti, Christopher) Modified on 4/16/2009 (KA). (Entered: 04/15/2009)
DECLARATION of Christopher Lometti in Support re: 19 MOTION to Substitue Attorney (Motion for Substitution of Proposed Lead Counsel). Document filed by New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit A)(Lometti, Christopher) Modified on 4/16/2009 (KA). (Entered: 04/15/2009)
MOTION to substitute Attorney (Motion for Substitution of Proposed Lead Counsel). Document filed by New Jersey Carpenters Vacation Fund.(Lometti, Christopher) Modified on 4/16/2009 (KA). (Entered: 04/15/2009)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 20) - DECLARATION of Christopher Lometti in Support re: 16 MOTION to Appoint Counsel Motion for Substitution of Proposed Lead Counsel.. Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Exhibit A Firm Resume)(Lometti, Christopher) Modified on 4/16/2009 (gp). (Entered: 04/14/2009)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 21) - MEMORANDUM OF LAW in Support re: 16 MOTION to Appoint Counsel Motion for Substitution of Proposed Lead Counsel. Proposed order submitted. Document filed by New Jersey Carpenters Health Fund. (Lometti, Christopher) Modified on 4/16/2009 (gp). (Entered: 04/14/2009)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 19) - MOTION to Appoint Counsel Motion for Substitution of Proposed Lead Counsel. Document filed by New Jersey Carpenters Health Fund.(Lometti, Christopher) Modified on 4/16/2009 (gp). (Entered: 04/14/2009)
NOTICE OF APPEARANCE by Stephanie J. Goldstein on behalf of Goldman Sachs & Co., RBS Greenwich Capital, UBS Investment Bank, Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc. (Goldstein, Stephanie) (Entered: 03/19/2009)
NOTICE OF APPEARANCE by William G. McGuinness on behalf of Goldman Sachs & Co., RBS Greenwich Capital, UBS Investment Bank, Credit Suisse Securties (USA), LLC, Deutsche Bank Securities, Inc. (McGuinness, William) (Entered: 03/19/2009)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Deutsche Bank AG as Corporate Parent. Document filed by Deutsche Bank Trust Company Americas.(Kraut, Michael) (Entered: 03/03/2009)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying U.S. Bancorp as Corporate Parent. Document filed by U.S. Bank National Association.(Kraut, Michael) (Entered: 03/03/2009)
NOTICE OF APPEARANCE by Michael Stephan Kraut on behalf of Deutsche Bank Trust Company Americas, U.S. Bank National Association (Kraut, Michael) (Entered: 02/06/2009)
DECLARATION of Christopher Lometti in Support re: 8 MOTION to Appoint New Jersey Carpenters Health Fund to serve as lead plaintiff(s). MOTION to Approve Lead Counsel Schoengold Sporn Laitman & Lometti, P.C... Document filed by New Jersey Carpenters Health Fund. (Attachments: # 1 Exhibit Ex. A - PSLRA Press Release, # 2 Exhibit Ex. B - Certification, # 3 Exhibit Ex. C - SSLL Bio)(Rehns, Daniel) (Entered: 01/12/2009)
MEMORANDUM OF LAW in Support re: 8 MOTION to Appoint New Jersey Carpenters Health Fund to serve as lead plaintiff(s). MOTION to Approve Lead Counsel Schoengold Sporn Laitman & Lometti, P.C... Document filed by New Jersey Carpenters Health Fund. (Rehns, Daniel) (Entered: 01/12/2009)
MOTION to Appoint New Jersey Carpenters Health Fund to serve as lead plaintiff(s)., MOTION to Approve Lead Counsel Schoengold Sporn Laitman & Lometti, P.C.. Document filed by New Jersey Carpenters Health Fund.(Rehns, Daniel) (Entered: 01/12/2009)
ENDORSED LETTER: addressed to Judge Harold Baer from Richard Schwed dated 1/6/09 re: Counsel for defendant request an adjournment of the January 8, 2009 pre-trial conference. ENDORSEMENT: Let's try again and put it over under the same conditions to February 26, 2009 at 4:30 p.m. So Ordered., ( Pretrial Conference set for 2/26/2009 at 04:30 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 1/7/09) (js) (Entered: 01/07/2009)
ENDORSED LETTER addressed to Judge Harold Baer, Jr from Richard Schwed dated 12/1/2008 re: Counsel respectfully request an adjournment of the pre-trial conference currently scheduled for December 4, 2008 until such time as the Second Circuit issues a decision. ENDORSEMENT: Adjourned to January 8, 2009 at 4:30 P.M., unless no decision has been rendered by that time - if no decision write me again. So Ordered. (Signed by Judge Harold Baer on 12/3/2008) (jfe) (Entered: 12/03/2008)
STIPULATION: The time for Plaintiff to either (1) file a motion for remand, pursuant to 28 U.S.C 1447(c), or (ii) to publish to the PSLRA, 15 U.S.C. 77z-1(a)(3)(A)(i), in a widely circulated national business-orented publication or wire service, a notice advising members of the purported plaintiff class of the pendency of this action, extended until twenty-days after the Second Circuit either issues an order directing to hear the appeal or, if it accepts the appeal, issues a decision on the appeal in the Harborview case. After Plaintiff either (i) files a motion for remand, or (ii) publishes a Notice of Pendency, the parties shall confer on the deadline for each of the defendants named in the above-captioned action to file an opposition to Plaintiff's motion for remand or, if Plaintiff does not move to remand, to answer, move or otherwise respond to the Complaint. Until such time, none of the Defendant shall be required to respond to the Complaint. By agreeing to this stipulation, none of the Defendants waives, and each expressly preserves, and all defenses it may have. (Signed by Judge Harold Baer on 11/3/08) (tro) (Entered: 11/05/2008)
CERTIFICATE OF SERVICE of Notice of Removal, Individual Practices of Magistrate Judge Ronald L. Ellis, Individual Practices of Judge Harold Baer, Jr, and Rules for ECF Filing served on New Jersey Carpenters Health Fund on 10/15/08. Service was accepted by Frank R. Schirripa, Esq.. Document filed by RALI Series 2006 QO4 Trust, RALI Series 2006-QO5 Trust, RALI Series 2006-QO6 Trust, RALI Series 2006-QO7 Trust, RALI Series 2006-QO10 Trust, RALI Series 2007-QO1 Trust, RALI Series 2007-QO2 Trust, RALI Series 2007-QO3 Trust, RALI Series 2006-QO1 Trust, RALI Series 2007-QO4 Trust, RALI Series 2007-QO5 Trust, Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, RALI Series 2006-QO2 Trust, David M. Bricker, James N. Young, RALI Series 2006-QO3 Trust. (Kean, Seth) (Entered: 10/17/2008)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying GMAC-RFC Holding Company, LLC, GMAC Mortgage Group, LLC, GMAC LLC, FIM Holdings LLC, GM Finance Co. Holdings LLC, General Motors as Corporate Parents. Document filed by RALI Series 2006 QO4 Trust, RALI Series 2006-QO5 Trust, RALI Series 2006-QO6 Trust, RALI Series 2006-QO7 Trust, RALI Series 2006-QO10 Trust, RALI Series 2007-QO1 Trust, RALI Series 2007-QO2 Trust, RALI Series 2007-QO3 Trust, RALI Series 2006-QO1 Trust, RALI Series 2007-QO4 Trust, RALI Series 2007-QO5 Trust, U.S. Bank National Association, Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, RALI Series 2006-QO2 Trust, David M. Bricker, James N. Young, RALI Series 2006-QO3 Trust.(mbe) (Entered: 10/17/2008)
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 02727-06. (Filing Fee $ 350.00, Receipt Number 665626).Document filed by RALI Series 2006 QO4 Trust, RALI Series 2006-QO5 Trust, RALI Series 2006-QO6 Trust, RALI Series 2006-QO7 Trust, RALI Series 2006-QO10 Trust, RALI Series 2007-QO1 Trust, RALI Series 2007-QO2 Trust, RALI Series 2007-QO3 Trust, RALI Series 2006-QO1 Trust, RALI Series 2007-QO4 Trust, RALI Series 2007-QO5 Trust, Residential Accredit Loans, Inc., Bruce Paradis, Davee L. Olsen, Kenneth M. Duncan, Lisa R. Lundsten, James G. Jones, RALI Series 2006-QO2 Trust, David M. Bricker, James N. Young, RALI Series 2006-QO3 Trust.(mbe) (Entered: 10/17/2008)
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