FINAL APPROVAL ORDER AND JUDGMENT in the amount of $ 5,000, each in favor of the Settlement Class. The Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including all members of the Settlement Class. Accordingly, the Court, in conducting the settlement approval process required by FED. R. Civ. P. 23, certifies solely for purposes of settlement the class set forth in this section 2 under FED. R. Civ. P. 23(b)(1) (the "Settlement Class"). Consistent with the Court's May 15, 2009 Order, the Court hereby appoints Harwood Feffer LLP and Kessler Topaz Meltzer & Check, LLP as Co-Lead Class Counsel for the Settlement Class. The Action is hereby dismissed with prejudice, each party to bear his, her, or its own costs, except as expressly provided herein. Co-Lead Counsel are hereby awarded attorneys' fees of $2,700,000 and reimbursement of expenses in the amount of $261,757.11. Such awards may be distributed to Co-Lead Counsel in accordance with the Settlement Agreement. The Plaintiffs are hereby awarded Case Contribution Awards in the amount of $5,000, each, which shall be paid pursuant to the Settlement Agreement. In the event that the Settlement Agreement is terminated, in accordance with its terms, this Final Approval Order and Judgment shall be rendered null and void, ab initio, and shall be vacated nunc pro tunc, and this Action shall for all purposes with respect to the Parties revert to its status as of the day immediately before April 17, 2015. SO ORDERED. (As further set forth within.) (Signed by Judge Paul A. Crotty on 8/13/2015) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(ajs) (Entered: 08/14/2015)
DECLARATION of Daniella Quitt in Support re: (161 in 1:09-cv-01350-PAC) MOTION for Attorney Fees Notice of Unopposed Motion by Plaintiffs for an Award of Attorneys' Fees, Reimbursement of Expenses, and Case Contribution Awards to the Plaintiffs., (159 in 1:09-cv-01350-PAC) MOTION for Settlement Notice of Unopposed Motion by Plaintiffs for Final Approval of Class Action Settlement, Certification of Settlement Class, and Final Approval of Plan of Allocation.. Document filed by David Gwyer, Mary P. Moore. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(Quitt, Daniella) (Entered: 08/05/2015)
NOTICE of Withdrawal of Appearance of Lisa A. Furnald. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 04/30/2015)
NOTICE of Withdrawal Of Appearance. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 04/30/2015)
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST ALL DEFENDANTS: Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii), Plaintiff Edward Smith and Defendants in the above-action action stipulate to dismissal with prejudice of all claims in the Smith action against all Defendants. Each of the parties shall be responsible for their own fees and costs incurred in this action. (Signed by Judge Paul A. Crotty on 4/27/2015) (spo) (Entered: 04/27/2015)
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Enrico Dallavecchia, Fannie Mae, Daniel H. Mudd and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Edward Smith.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:10-cv-02781-PAC(Thorpe, David) Modified on 4/24/2015 (km). (Entered: 04/23/2015)
MEMO ENDORSEMENT on re: (194 in 1:09-md-02013-PAC, 144 in 1:09-cv-01350-PAC, 557 in 1:08-cv-07831-PAC) Status Report filed by Federal National Mortgage Association. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Crotty on 4/1/2015) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(lmb) (Entered: 04/01/2015)
STATUS REPORT. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(Walsh, Michael) (Entered: 03/31/2015)
NOTICE of Notice of Withdrawal of Appearance of James R. Safley. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. (Safley, James) (Entered: 01/12/2015)
MEMO ENDORSEMENT on re: (140 in 1:09-cv-01350-PAC, 191 in 1:09-md-02013-PAC, 533 in 1:08-cv-07831-PAC) Status Report filed by Federal National Home Mortgage Association. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 12/31/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(tn) (Entered: 12/31/2014)
STATUS REPORT. Document filed by Federal National Home Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(Walsh, Michael) (Entered: 12/30/2014)
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. Attorney Tobias James Stern terminated. (Signed by Judge Paul A. Crotty on 12/22/2014) ***As per chambers, Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01352-PAC(tn) (Entered: 12/22/2014)
MEMO ENDORSEMENT on re: (188 in 1:09-md-02013-PAC, 135 in 1:09-cv-01350-PAC, 519 in 1:08-cv-07831-PAC) Status Report filed by Federal National Mortgage Association. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Crotty on 10/1/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(lmb) (Entered: 10/01/2014)
STATUS REPORT. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(Walsh, Michael) (Entered: 09/29/2014)
ORDER GRANTING STIPULATION TO MODIFY SCHEDULING ORDER: Upon consideration of the Parties' stipulation to modify the Fourth Amended Civil Case Management Plan and Scheduling Order ("Fourth Scheduling Order") entered April 17, 2014 (Dkt. No. 127) and for good cause appearing therefrom, IT IS HEREBY ORDERED that the stipulation is GRANTED. IT IS FURTHER ORDERED THAT the Fourth Amended Civil Case Management Plan and Scheduling Order (Dkt. No. 127) shall be modified as follows: All fact discovery to be completed no later than January 30, 2015. All expert discovery to be completed no later than July 3, 2015. Deadline by which to file motions for summary judgment and Daubert motions, due by September 14, 2015. Deadline by which to file opposition to motions for summary judgment and Daubert motions due by November 10, 2015. Deadline by which to file replies in support of motions for summary judgment and Daubert motions, due by December 28, 2015, and as further set forth herein. (Expert Discovery due by 7/3/2015, Fact Discovery due by 1/30/2015, Motions due by 9/14/2015, Responses due by 11/10/2015, Replies due by 12/28/2015.) (Signed by Judge Paul A. Crotty on 8/28/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(ja) Modified on 8/29/2014 (ja). (Entered: 08/28/2014)
ORDER GRANTING MOTION FOR WITHDRAWL OF DIANE PRINCAS COUNSEL FOR DEFENDANT ENRICO DALLAVECCHIA granting (514) Motion to Withdraw as Attorney: the motion for withdrawal of Diane Princ as counsel for defendant Enrico Dallavecchia is hereby GRANTED. The Clerk of this Court is hereby directed to remove Diane Princ as counsel of record for defendant Enrico Dallavecchia. Attorney Diane Nicole Princ terminated in case 1:08-cv-07831-PAC. (Signed by Judge Paul A. Crotty on 7/30/2014) ***As per chambers, Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC (tn) (Entered: 07/30/2014)
NOTICE OF CHANGE OF ADDRESS by Matthew P. Siben on behalf of Edward Smith. New Address: Dietrich Siben Thorpe LLP, 500 Australian Way South, Suite 637, West Palm Beach, Florida, U.S. 33401, (561) 820-4883. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(Siben, Matthew) (Entered: 06/30/2014)
MEMO ENDORSEMENT on re: (183 in 1:09-md-02013-PAC, 508 in 1:08-cv-07831-PAC) Status Report filed by Federal National Mortgage Association. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 6/30/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(tn) (Entered: 06/30/2014)
STATUS REPORT. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(Walsh, Michael) (Entered: 06/26/2014)
SUPPLEMENTAL PRETRIAL PROTECTIVE ORDER CONCERNING CERTAIN DEPOSITION TRANSCRIPTS AND EXHIBITS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Crotty on 4/22/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC (tn) (Entered: 04/22/2014)
MEMO ENDORSEMENT on re: (179 in 1:09-md-02013-PAC) Notice (Other) filed by Comprehensive Investment Services, Inc. ENDORSEMENT: SO ORDERED. Attorney Steven Carl Windsor terminated. (Signed by Judge Paul A. Crotty on 4/22/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(tn) (Entered: 04/22/2014)
ORDER AND OPINION #104246 re: (115 in 1:09-cv-01350-PAC) MOTION for Reconsideration. CONCLUSION: Accordingly, the Court DENIES Defendants' motion for reconsideration. SO ORDERED. (Signed by Judge Paul A. Crotty on April 21, 2014) (mov) Modified on 4/28/2014 (ca). (Entered: 04/21/2014)
STIPULATION AND ORDER REGARDING DISCOVERY: All deadlines set forth in the Third Amended Civil Case Management Plan and Scheduling Order issued by the Court on November 13, 2012, shall be extended by approximately 90 days pursuant to the proposed Fourth Amended Civil Case Management Plan and Scheduling Order submitted herewith. This Stipulation may be executed in any number of counterparts, each of which shall constitute an original, but all of which together shall constitute but one and the same document. (Signed by Judge Paul A. Crotty on 4/17/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(ft) (Entered: 04/17/2014)
FOURTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties in the Actions do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S. C. § 636(c). The Actions are to be tried to a jury. Fact Discovery due by 9/29/2014. Expert Discovery due by 3/2/2015. Motions due by 5/14/2015. Responses due by 7/10/2015. Replies due by 8/27/2015. Case Management Conference set for 9/23/2014 at 04:15 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 4/17/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(ft) (Entered: 04/17/2014)
NOTICE of Withdrawal of Appearance. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. (Hatch, Thomas) (Entered: 04/16/2014)
ORDER re: (470 in 1:08-cv-07831-PAC) Letter, filed by Massachusetts Pension Reserves Investment Management Board ("PRIM"), Boston Retirement Board, Tennessee Consolidated Retirement System ("TCRS"), (477 in 1:08-cv-07831-PAC) Letter, filed by Daniel H. Mudd, Enrico Dallavecchia: After reviewing and considering Defendants' objections, see ECF No. 477, the Court overrules them and orders Defendants to produce the transcripts and exhibits of all depositions in the SEC action. The parties should adopt a confidentiality order agreeing to be bound by the terms of the March 19, 2013 Amended Confidentiality Order in the SEC Action. (Signed by Judge Paul A. Crotty on 4/8/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC (tn) (Entered: 04/08/2014)
MEMO ENDORSEMENT on (173 in 1:09-md-02013-PAC), (459 in 1:08-cv-07831-PAC), (124 in 1:09-cv-01350-PAC) Letter, filed by Federal National Mortgage Association. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Crotty on 3/28/2014) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(ft) Modified on 3/28/2014 (ft). (Entered: 03/28/2014)
LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated February 3, 2014 re: Litigation Status Report. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(Walsh, Michael) (Entered: 02/03/2014)
MEMO ENDORSEMENT on re: (171 in 1:09-md-02013-PAC, 454 in 1:08-cv-07831-PAC, 122 in 1:09-cv-01350-PAC) Letter, filed by Federal National Mortgage Association. If the Court agrees that no status conference is necessary at this time, the parties can submit another status report within 90 days of the Court's endorsement of this letter if the Court so orders. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Crotty on 11/4/2013) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(rsh) (Entered: 11/04/2013)
LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated 11/01/2013 re: Litigation Status Report. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(Walsh, Michael) (Entered: 11/01/2013)
STIPULATED PRETRIAL PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Paul A. Crotty on 10/16/2013) (rsh) (Entered: 10/16/2013)
ORDER: Re: In re 2008 Fannie Mae Securities Litigation, No. 09-cv-01350-PAC (09 MDL 2013) Defendants may move for reconsideration of the Court's Opinion and Order, dated October 22, 2012. The motion must be made by Monday, September 23, 2013; it must be limited to the issue of why the Second Circuit's recent decision on Rinehart, et al. v. Akers, et al. compels a different result; and the memo of law is limited to 15, double spaced pages. Plaintiffs' response is subject to the same page limitations and is due on Friday, October 4, 2013. Defendants' reply of no more than 7 pages will be due on Friday, October 11, 2013. (Motions due by 9/23/2013., Responses due by 10/4/2013, Replies due by 10/11/2013.) (Signed by Judge Paul A. Crotty on 9/6/2013) (rsh) (Entered: 09/06/2013)
MANDATE of USCA (Certified Copy) as to (46 in 1:10-cv-09184-PAC, 157 in 1:09-md-02013-PAC) Notice of Appeal, filed by Liberty Life Assurance Company of Boston, Liberty Mutual Insurance Company, Safeco Corporation, Liberty Mutual Fire Insurance Company, Peerless Insurance Company USCA Case Number 12-3859. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/9/2013. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC. (tp) (Entered: 08/09/2013)
ORDER: Upon review of the parties letters of June 24, 2013 and June 27, 2013 and the Court's order of July 1, 2013 Plaintiffs' objections to disclosing the identities of the four confidential witnesses cited in their second amended complaint are overruled. Plaintiffs are directed to produce information and documents sufficient to identify those four confidential witnesses. So Ordered (Signed by Judge Paul A. Crotty on 7/12/2013) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(js) (Entered: 07/12/2013)
NOTICE OF WITHDRAWAL OF APPEARANCE: David P. Staubitz, hereby respectfully withdraw my appearance as counsel for defendant Enrico Dallavecchia and request removal from service of any further pleadings in connection with the above captioned matter. The undersigned is no longer employed by or otherwise affiliated with Deehert LLP., counsel of record for defendant. (Signed by Judge Paul A. Crotty on 1/17/2013) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(js) (Entered: 01/18/2013)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties in the Consolidated Securities Action and the ERISA Action do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c).The Consolidated Securities Action and the ERISA Action are to be tried to a jury. Amended pleadings in the Consolidated Securities Action or the ERISA Action may not be filed and additional parties may not be joined except with leave of the Court. Motions due by 2/13/2015. Responses due by 4/13/2015 Replies due by 5/29/2015. Fact Discovery due by 7/1/2014. Expert Discovery due by 12/2/2014. Case Management Conference set for 4/10/2013 at 04:00 PM before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 11/13/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(js) Modified on 11/13/2012 (js). (Entered: 11/13/2012)
ORDER: In light of the Court's August 30, 2012 order in In re Fannie Mae 2008 Sec. Litig.,No. 08 Civ. 7831 (PAC), the Court's October 22, 2012 order in In re Fannie Mae 2008 ERISA Litig., No. 09 Civ. 1350 (PAC), the Plaintiffs and Defendants in the ERISA and Securities Litigations are directed to confer to schedule a Civil Case Management Plan. The plan should be submitted by Friday November 2, 2012. If there are any disputes, the parties are to highlight the disputes and submit to the Court by Monday, November 5, 2012. The Court will hold a conference on Wednesday, November 7, 2012 at 3:15 PM in Courtroom 20C to resolve any remaining disputes. ( Status Conference set for 11/7/2012 at 03:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 10/23/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(js) (Entered: 10/23/2012)
OPINION & ORDER re: (66 in 1:09-cv-01350-PAC) MOTION to Dismiss and Strike the Amended Consolidated Class Action Complaint filed by Daniel H. Mudd, (69 in 1:09-cv-01350-PAC) MOTION to Dismiss the Amended Consolidated Class Action Complaint filed by Louis J. Freeh, Jonathan Plutzik, Michael J. Williams, Stephen B. Ashley, David H. Sidwell, Herbert M. Allison, Egbert L.J. Perry, Brenda J. Gaines, Linda K. Knight, Dennis R. Beresford, Judith C. Dunn, Greg C. Smith, Bridget A. Macaskill, (73 in 1:09-cv-01350-PAC) MOTION to Strike Portions of Amended Complaints filed by Federal National Mortgage Association, Federal National Mortgage Association Benefit Plans Committee, (65 in 1:09-cv-01350-PAC) MOTION to Dismiss the Amended Consolidated Class Action Complaint filed by Brian P. McQuaid, Betty Thomspson, David C. Benson, Christina A. Wolf, David C. Hisey, Federal National Mortgage Association Benefit Plans Committee, Anthony F. Marra, Brian Cobb.For the reasons stated above, the Court GRANTS IN PART and DENIES IN PART Defendants' motions to dismiss. Specifically, the Court dismisses Plaintiffs' second claim, and all claims against the Director Defendants who became board members after FNMA was placed into conservatorship. Defendants' motions are denied in all other respects. The Clerk of Court is directed to terminate these motions (Dkt. Nos. 65, 66, 69, 73), and dismiss Defendants Allison, Sidwell, Perry, Plutzik, Williams, Dunn, and Knight from this action., Judith C. Dunn, Judith C. Dunn, Linda K. Knight, Linda K. Knight, Jonathan Plutzik, David H. Sidwell, David H. Sidwell, Michael J. Williams, Herbert M. Allison and Herbert M. Allison terminated. (Signed by Judge Paul A. Crotty on 10/22/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(lmb) (Entered: 10/22/2012)
ORDER ON MOTIONS FOR RECONSIDERATION: Accordingly, CIS and Smith's motions for reconsideration are DENIED. The Clerk of Court is directed to terminate the following motions: 09 MD 2013 Dkt. No 156; 09 Civ. 6102 Ok!. No 128; and 10 Civ.2781 Dkt. No 88. (Signed by Judge Paul A. Crotty on 10/10/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(cd) (Entered: 10/11/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Frederic S. Fox, Louis Gottlieb and Glan DeValerio dated October 9, 2012 re: We request that the Court grant Lead Plaintiffs leave to appear at the October 10th S.E.C Action hearing and be heard.. ENDORSEMENT: Co-Lead plaintiffs may attend the conference as observers only. So Ordered. (Signed by Judge Paul A. Crotty on October 9, 2012) (mov) (Entered: 10/09/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 7/18/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02013-PAC et al.(McGuirk, Kelly) (Entered: 10/09/2012)
TRANSCRIPT of Proceedings re: Hearing held on 7/18/2012 before Judge Paul A. Crotty. Court Reporter/Transcriber: Karen Gorlaski, (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 11/2/2012. Redacted Transcript Deadline set for 11/13/2012. Release of Transcript Restriction set for 1/10/2013.Filed In Associated Cases: 1:09-md-02013-PAC et al.(McGuirk, Kelly) (Entered: 10/09/2012)
REPLY to Response to Motion re: (128 in 1:09-cv-06102-PAC) FIRST MOTION for Reconsideration CIS Motion for Reconsideration of the Courts August 30, 2012 Opinion & Order. CIS' Reply In Further Support of Its Motion to Reconsideration. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 10/04/2012)
NOTICE OF APPEAL from (45 in 1:10-cv-09184-PAC, 154 in 1:09-md-02013-PAC) Memorandum & Opinion,,,,,,,,,. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation, Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company. Filing fee $ 455.00, receipt number 0208-7855256. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 09/27/2012)
FIRST MOTION for Reconsideration CIS Motion for Reconsideration of the Courts August 30, 2012 Opinion & Order. Document filed by Comprehensive Investment Services, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 09/13/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated 9/10/2012 re: Fannie Mae seeks a 45-day enlargement of time to October 29, 2012 to file its answers to the complaints. Defendants Mudd and Dallavecchia seek an additional week, to November 5, 2012, to file their answers to the Complaints. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 9/11/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(jfe) (Entered: 09/11/2012)
OPINION & ORDER: To summarize the Courts holdings:. Defendants motions to strike are DENIED;. FNMA, Mudd, and Dallavecchias motions to dismiss the Class Actions, Smiths, and CISs Section 10(b), Rule 10b-5 and Section 20(a) claims premised on FNMAs subprime and Alt-A exposure disclosures are DENIED;. FNMA, Mudd, and Dallavecchias motions to dismiss CISs Section 10(b), Rule 10b-5 and Section 20(a) claims premised on FNMAs core capital financials are GRANTED;. FNMA, Mudd, and Dallavecchias motions to dismiss Smiths and CISs Section 10(b), Rule 10b-5 and Section 20(a) claims premised on FNMAs risk management disclosures are DENIED; FNMA, Mudd, and Dallavecchias motions to dismiss all state law claims as against them under SLUSA are GRANTED;. Levin and Swads motions to dismiss for lack of personal jurisdiction are GRANTED; Goldmans motion to dismiss Liberty's complaint in its entirety is GRANTED; The Smith Underwriters motion to dismiss Smiths negligent misrepresentation claims is GRANTED; and. The CIS Underwriters motion to dismiss CISs state law claims against them is GRANTED. The Class Action, Smith and CISs federal securities law claims against FNMA, Mudd, and Dallavecchia regarding FNMAs subprime and Alt-A exposure disclosures and risk management controls can proceed. The Clerk of Court is directed to terminate the following motions: 08 Civ. 7831 Dkt. Nos. 353,355,357, 359,362, 365, 368,370,372, 377, 378,380, 382; 09 Civ. 6102 Dkt. Nos 83, 85, 88, 90, 93, 97, 98; 10 Civ. 2781 Dkt. Nos. 57, 60, 61, 67, 68; and 10 Civ. 9184 Dkt. No. 17. As all of Liberty's claims have been dismissed, the Clerk of Court is directed to close the 10 Civ. 9184 case. The Clerk of Court is further directed to dismiss the following defendants from the 09 Civ. 6102 action: Levin, Swad, Wachovia Capital Markets, LLC and Citigroup Global Markets, Inc. The Clerk of Court is directed to dismiss the following defendants from the 10 Civ. 2781 action: Bane of America Securities LLC, Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Goldman, JPMorgan Securities LLC (f/k/a JPMorgan Securities, Inc.), JPMorgan Chase & Co., Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley & Co. LLC (f/k/a Morgan Stanley & Co. Incorporated), and UBS Securities LLC. (Signed by Judge Paul A. Crotty on 8/30/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC, 1:10-cv-09184-PAC(pl) Modified on 8/30/2012 (pl). (Entered: 08/30/2012)
ORDER: The Court sets the following agenda for the July 18, 2012 oral argument in the above captioned cases. Beginning at 11:00 a.m., the Court will hear argument on all claims and motions relating to Fannie's subprime and Alt-A exposure, as raised through the SEC enforcement action and in the private securities actions. The Court will then hear argument on all other federal and state law claims raised in the private securities actions. The Court anticipates that all arguments relating to the various securities actions will conclude by 1:00 p.m. If additional time is needed, then argument in the securities actions will resume at 2:00 p.m. Barring any delays in the securities cases, the Court will hear argument regarding the ERISA action at 2:00 p.m. (Signed by Judge Paul A. Crotty on 7/11/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(mro) (Entered: 07/12/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated 7/10/12 re: Counsel for the defendants requests that the Court adjourn the oral argument in the ERISA action scheduled for 7/18/12 at 11 a.m. ENDORSEMENT: The request for an enlargement of the oral argument in the ERISA cases is DENIED. The argument will proceed as scheduled. So Ordered. (Signed by Judge Paul A. Crotty on 7/11/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(mro) (Entered: 07/12/2012)
DECLARATION of Michael J. Walsh, Jr. in Support re: (88 in 1:09-cv-06102-PAC, 372 in 1:08-cv-07831-PAC) MOTION to Dismiss the CIS Second Amended Complaint., (368 in 1:08-cv-07831-PAC, 60 in 1:10-cv-02781-PAC) MOTION to Dismiss the Smith Second Amended Complaint., (359 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Joint Consolidated Class Action Complaint.. Document filed by Federal National Mortgage Association. (Attachments: # 1 Exhibit 28, 44-52)Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 06/18/2012)
REPLY MEMORANDUM OF LAW in Support re: (97 in 1:09-cv-06102-PAC, 73 in 1:09-cv-01350-PAC, 67 in 1:10-cv-02781-PAC, 377 in 1:08-cv-07831-PAC) MOTION to Strike Portions of Amended Complaints.. Document filed by Federal National Mortgage Association Benefit Plans Committee, Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 06/18/2012)
NOTICE of Reply in Support of Fannie Mae's Request for Judicial Notice in Support of Fannie Mae's Motion to Dismiss re: (129 in 1:09-md-02013-PAC) Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other). Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 06/18/2012)
REPLY MEMORANDUM OF LAW in Support re: (368 in 1:08-cv-07831-PAC, 60 in 1:10-cv-02781-PAC) MOTION to Dismiss the Smith Second Amended Complaint.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 06/18/2012)
REPLY MEMORANDUM OF LAW in Support re: (88 in 1:09-cv-06102-PAC, 372 in 1:08-cv-07831-PAC) MOTION to Dismiss the CIS Second Amended Complaint.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(Walsh, Michael) (Entered: 06/18/2012)
FIRST MEMORANDUM OF LAW in Opposition re: (90 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint. Memorandum of Law in Opposition to Motion of the Underwriter Defendants to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
FIRST MEMORANDUM OF LAW in Opposition re: (85 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint. Memorandum of Law in Opposition to Enrico Dallavechia's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
AMENDED MEMORANDUM OF LAW in Opposition re: (98 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint. Memorandum of Law in Opposition to Daniel H. Mudd's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
FIRST MEMORANDUM OF LAW in Opposition re: (98 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint. Memorandum of Law in Opposition to Daniel H. Mudd's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
RESPONSE in Opposition re: (83 in 1:09-cv-06102-PAC) MOTION to Dismiss / Notice of Motion to Dismiss the Second Amended Complaint. Memorandum of Law in Opposition of Stephen M. Swad's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
FIRST REPLY MEMORANDUM OF LAW in Opposition re: (98 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint. Memorandum of Law in Opposition to Daniel H. Mudd's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
DECLARATION of Eric J Kirkpatrick in Opposition re: (126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC) MOTION to Dismiss the CIS Second Amended Complaint.. Document filed by Comprehensive Investment Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
FIRST MEMORANDUM OF LAW in Opposition re: (93 in 1:09-cv-06102-PAC) MOTION to Dismiss. Plaintiff's Memorandum in Opposition to Defendant Robert J. Levin's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
FIRST MEMORANDUM OF LAW in Opposition re: (126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC) MOTION to Dismiss the CIS Second Amended Complaint. Memorandum of Law in Opposition to Fannie Mae's Motion to Dismiss. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
RESPONSE in Opposition re: (126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC) MOTION to Dismiss the CIS Second Amended Complaint., (97 in 1:09-cv-06102-PAC, 130 in 1:09-md-02013-PAC) MOTION to Strike Portions of Amended Complaints. Memorandum of Law in Opposition to Fannie Mae's Motion to Strike. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
RESPONSE in Opposition re: (47 in 1:09-cv-06102-PAC, 81 in 1:09-md-02013-PAC) MOTION to Dismiss. CIS's Opposition to Fannie Mae's Request for Judicial Notice. Document filed by Comprehensive Investment Services, Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Kirkpatrick, Eric) (Entered: 05/21/2012)
MEMORANDUM OF LAW in Opposition re: (38 in 1:10-cv-09184-PAC) MOTION to Dismiss the Second Amended Complaint. Liberty's Opposition to Defendant Goldman, Sachs & Co's Motion to Dismiss. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 05/21/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Jeff G. Hammel dated 4/26/12 re: Latham & Watkins LLP requests permission to withdraw as counsel for defendants Fannie Mae, Herbert M. Allison, Stephen B. Ashley, Louis J. Freeb, Brenda J. Gaines, Bridget A. Macaskill, Dennis R. Beresford, David H. Sidwell, Greg C. Smith, Egbert L. J. Perry, Jonathan Plutzik, Michael J. Williams, Judith C. Dunn, and Linda K. Knight. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Crotty on 4/30/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(mro) (Entered: 04/30/2012)
ORDER: The defendants in the SEC action have also filed motions to dismiss. In order to align the briefing schedules between the various cases, the Court modifies the briefing schedule in the above caption cases as follows: plaintiffs' opposition briefs are now due on May 21, 2012; defendants' reply briefs are due on June 18, 2012. This schedule applies equally to any motions to strike filed in the above captioned cases. Oral argument on the motions, which had been scheduled for June 11, 2012, will now be held on July 18, 2012, at 11:00 a.m. Additionally, the Court has received and reviewed the securities class action lead plaintiffs' letter, date April 11, 2012, requesting that the Court strike portions of defendants Mudd and Dallavecchia's briefs that incorporate by reference arguments made in other motions to dismiss. The Court has also received and reviewed defendants Dallavecchia and Mudd's responses, dated April 12 and 16, 2012, respectively. Plaintiffs' request to strike those portions of the defendants' motions is denied, but the securities class action plaintiffs are granted an extra five pages for their opposition brief. ( Oral Argument set for 7/18/2012 at 11:00 AM before Judge Paul A. Crotty.), Set Deadlines/Hearing as to (124 in 1:09-md-02013-PAC, 368 in 1:08-cv-07831-PAC, 60 in 1:10-cv-02781-PAC) MOTION to Dismiss the Smith Second Amended Complaint., (126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC, 372 in 1:08-cv-07831-PAC) MOTION to Dismiss the CIS Second Amended Complaint., (85 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint., (90 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint., (98 in 1:09-cv-06102-PAC) MOTION to Dismiss the Second Amended Complaint., (83 in 1:09-cv-06102-PAC) MOTION to Dismiss / Notice of Motion to Dismiss the Second Amended Complaint., (93 in 1:09-cv-06102-PAC) MOTION to Dismiss., (378 in 1:08-cv-07831-PAC) MOTION to Dismiss Plaintiff CIS's Second Amended Complaint., (359 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Joint Consolidated Class Action Complaint., (362 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Complaint., (353 in 1:08-cv-07831-PAC) MOTION to Dismiss / Notice of Motion to Dismiss the Second Amended Complaint., (355 in 1:08-cv-07831-PAC) MOTION to Dismiss., (380 in 1:08-cv-07831-PAC) MOTION to Dismiss Plaintiff Smith's Second Amended Complaint., (382 in 1:08-cv-07831-PAC) MOTION to Dismiss Joint Consolidated Amended Class Action Complaint., (370 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Complaint., (365 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Complaint., (357 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Joint Consolidated Class Action Complaint., (66 in 1:09-cv-01350-PAC) MOTION to Dismiss and Strike the Amended Consolidated Class Action Complaint., (65 in 1:09-cv-01350-PAC) MOTION to Dismiss the Amended Consolidated Class Action Complaint., (22 in 1:09-cv-01350-PAC) MOTION to Dismiss the Consolidated Class Action Complaint., (20 in 1:09-cv-01350-PAC) MOTION to Dismiss Consolidated Class Action Complaint., (69 in 1:09-cv-01350-PAC) MOTION to Dismiss the Amended Consolidated Class Action Complaint., (24 in 1:09-cv-01350-PAC) MOTION to Dismiss the Consolidated Class Action Complaint., (68 in 1:10-cv-02781-PAC) MOTION to Dismiss the Second Amended Complaint., (61 in 1:10-cv-02781-PAC) MOTION to Dismiss the Second Amended Complaint., (19 in 1:10-cv-02781-PAC) MOTION to Dismiss Plaintiff's First Amended Complaint., (28 in 1:10-cv-02781-PAC) MOTION to Dismiss Plaintiff Edward Smith's Complaint (filed in 08-cv-07831 07/11/2011)., (24 in 1:10-cv-02781-PAC) MOTION to Dismiss., (22 in 1:10-cv-02781-PAC) MOTION to Dismiss the CIS and Smith Amended Complaints., (57 in 1:10-cv-02781-PAC) MOTION to Dismiss the Second Amended Complaint., (38 in 1:10-cv-09184-PAC) MOTION to Dismiss the Second Amended Complaint., (17 in 1:10-cv-09184-PAC) MOTION to Dismiss the Amended Complaint. :( Responses due by 5/21/2012, Replies due by 6/18/2012.) (Signed by Judge Paul A. Crotty on 4/18/2012) Filed In Associated Cases: 1:09-md-02013-PAC et al.(jfe) (Entered: 04/18/2012)
ORDER ADMITTING DEFENDANTS' COUNSEL PRO HAC VICE.that Shannon Barrett is admitted to practice Pro Hac Vice as counsel for the Defendants in the above captioned case for this Court. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Attorney Shannon Barrett for Herbert M. Allison,Shannon Barrett for Stephen B. Ashley,Shannon Barrett for David C. Benson,Shannon Barrett for Dennis R. Beresford, Shannon Barrett for Brian Cobb,Shannon Barrett for Judith C. Dunn, Shannon Barrett for Federal National Mortgage Association Benefit Plans Committee,Shannon Barrett for Federal National Mortgage Association Compensation Committee,Shannon Barrett for Louis J. Freeh,Shannon Barrett for Brenda J. Gaines,Shannon Barrett for David C. Hisey,Shannon Barrett for John Does 1-10,Shannon Barrett for Linda K. Knight,Shannon Barrett for Bridget A. Macaskill,Shannon Barrett for Fannie Mae,Shannon Barrett for Anthony F. Marra,Shannon Barrett for Brian P. McQuaid,Shannon Barrett for Daniel H. Mudd,Shannon Barrett for Anne F. Pankau,Shannon Barrett for Egbert L.J. Perry,Shannon Barrett for Jonathan Plutzik,Shannon Barrett for David H. Sidwell,Shannon Barrett for Greg C. Smith,Shannon Barrett for Betty Thomspson,Shannon Barrett for Michael J. Williams,Shannon Barrett for Christina A. Wolf,Shannon Barrett for Herbert M. Allison,Shannon Barrett for Stephen B. Ashley,Shannon Barrett for Banc of America Securities LLC,Shannon Barrett for Barclays Capital Inc.,Shannon Barrett for Bear Stearns & Co. Inc.,Shannon Barrett for David C. Benson,Shannon Barrett for Dennis Beresford,Shannon Barrett for Robert T. Blakely,Shannon Barrett for Citigroup Global Market Inc.,Shannon Barrett for Brian Cobb,Shannon Barrett for Enrico Dallavecchia,Shannon Barrett for Enrico Dallavecchia,Shannon Barrett for Enrico Dallavecchia,Shannon Barrett for Deutsche Bank Securities Inc.,Shannon Barrett for Judith C. Dunn,Shannon Barrett for FTN Financial Securities Corp.,Shannon Barrett for Fannie Mae,Shannon Barrett for Fannie Mae,Shannon Barrett for Federal National Home Mortgage Association,Shannon Barrett for Federal National Mortgage Association,Shannon Barrett for Fitch Ratings,Shannon Barrett for Louis Freeh,Shannon Barrett for Brenda Gaines,Shannon Barrett for Goldman Sachs & Co.,Shannon Barrett for Frederick B. Harvey, III,Shannon Barrett for David Hisey,Shannon Barrett for Karen Horn,Shannon Barrett for J.P. Morgan Securities Inc.,Shannon Barrett for JPMorgan Chase & Co.,Shannon Barrett for John Does 1-10,Shannon Barrett for Linda K. Knight,Shannon Barrett for Lehman Brothers, Inc.,Shannon Barrett for Robert J. Levin,Shannon Barrett for Bridget Macaskill,Shannon Barrett for Fannie Mae,Shannon Barrett for Anthony F. Marra,Shannon Barrett for Brian P. McQuaid,Shannon Barrett for Merrill Lynch, Pierce Fenner & Smith Incorporated,Shannon Barrett for Moody's Investors Service, Inc.,Shannon Barrett for Morgan Stanley & Co. Incorporated,Shannon Barrett for Daniel H. Mudd,Shannon Barrett for Peter Niculescu,Shannon Barrett for Anne F. Pankau,Shannon Barrett for Leslie Rahl,Shannon Barrett for David H. Sidwell,Shannon Barrett for John Sites, Jr,Shannon Barrett for Greg Smith,Shannon Barrett for Stephen M. Swad,Shannon Barrett for H. Patrick Swygert,Shannon Barrett for Betty Thompson,Shannon Barrett for UBS Securities LLC,Shannon Barrett for Wachovia Capital Markets LLC,Shannon Barrett for Washington Mutual Bank, FA,Shannon Barrett for Wells Fargo Securities LLC,Shannon Barrett for Christina A. Wolf,Shannon Barrett for John Wulff admitted Pro Hac Vice. (Signed by Judge Paul A. Crotty on 4/9/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(pl) Modified on 4/10/2012 (pl). (Entered: 04/10/2012)
MOTION to Strike Portions of Amended Complaints. Document filed by Federal National Mortgage Association Benefit Plans Committee, Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 04/04/2012)
NOTICE of Request for Judicial Notice re: (125 in 1:09-md-02013-PAC, 369 in 1:08-cv-07831-PAC, 62 in 1:10-cv-02781-PAC) Memorandum of Law in Support of Motion, (126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC, 372 in 1:08-cv-07831-PAC) MOTION to Dismiss the CIS Second Amended Complaint., (375 in 1:08-cv-07831-PAC, 95 in 1:09-cv-06102-PAC, 128 in 1:09-md-02013-PAC, 65 in 1:10-cv-02781-PAC) Declaration in Support of Motion,,, (89 in 1:09-cv-06102-PAC, 374 in 1:08-cv-07831-PAC, 127 in 1:09-md-02013-PAC) Memorandum of Law in Support of Motion, (124 in 1:09-md-02013-PAC, 368 in 1:08-cv-07831-PAC, 60 in 1:10-cv-02781-PAC) MOTION to Dismiss the Smith Second Amended Complaint., (361 in 1:08-cv-07831-PAC) Memorandum of Law in Support of Motion, (359 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Joint Consolidated Class Action Complaint.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 04/04/2012)
DECLARATION of Michael J. Walsh, Jr. in Support re: (124 in 1:09-md-02013-PAC, 368 in 1:08-cv-07831-PAC, 60 in 1:10-cv-02781-PAC) MOTION to Dismiss the Smith Second Amended Complaint., (372 in 1:08-cv-07831-PAC, 126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC) MOTION to Dismiss the CIS Second Amended Complaint., (359 in 1:08-cv-07831-PAC) MOTION to Dismiss the Second Amended Joint Consolidated Class Action Complaint.. Document filed by Federal National Mortgage Association. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10-21, # 5 Exhibit 22, # 6 Exhibit 23-33, # 7 Exhibit 34-43)Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 04/04/2012)
MEMORANDUM OF LAW in Support re: (126 in 1:09-md-02013-PAC, 88 in 1:09-cv-06102-PAC, 372 in 1:08-cv-07831-PAC) MOTION to Dismiss the CIS Second Amended Complaint.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(Walsh, Michael) (Entered: 04/04/2012)
MOTION to Dismiss the CIS Second Amended Complaint. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(Walsh, Michael) (Entered: 04/04/2012)
MEMORANDUM OF LAW in Support re: (124 in 1:09-md-02013-PAC, 368 in 1:08-cv-07831-PAC, 60 in 1:10-cv-02781-PAC) MOTION to Dismiss the Smith Second Amended Complaint.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 04/04/2012)
MOTION to Dismiss the Smith Second Amended Complaint. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 04/04/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr dated 3/29/2012 re: Counsel respectfully request permission for Fannie Mae to file a memorandum of law of up to 50 pages in support of its motion to dismiss the second amended joint consolidated class action complaint. ENDORSEMENT: Being brief is a virtue. The Court denies the request, but will allow a brief of up to 35 pages. Plaintiffs response will bit be enlarged. (Signed by Judge Paul A. Crotty on 4/2/2012) (jfe) (Entered: 04/02/2012)
ORDER TO ADMIT COUNSEL PRO HAC VICE: granting (59) Motion for James D. Wareham to Appear Pro Hac Vice in case 1:09-cv-01350-PAC; granting (118) Motion for James D. Wareham to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 3/9/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(js) (Entered: 03/09/2012)
ORDER TO ADMIT COUNSEL PRO HAC VICE: granting (58) Motion for James E. Anklam to Appear Pro Hac Vice in case 1:09-cv-01350-PAC; granting (117) Motion for James E. Anklam to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 3/9/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(js) (Entered: 03/09/2012)
MOTION for James D. Wareham to Appear Pro Hac Vice. Document filed by Daniel H. Mudd.Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(pgu) (Entered: 03/08/2012)
MOTION for James E. Anklam to Appear Pro Hac Vice. Document filed by Daniel H. Mudd.Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(pgu) (Entered: 03/08/2012)
SECOND AMENDED COMPLAINT amending 70 Amended Complaint, against Goldman Sachs & Co. with JURY DEMAND.Document filed by Safeco Corporation, Liberty Mutual Insurance Company, Peerless Insurance Company, Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company. Related document: 70 Amended Complaint, filed by Liberty Life Assurance Company of Boston, Liberty Mutual Insurance Company, Safeco Corporation, Liberty Mutual Fire Insurance Company, Peerless Insurance Company.(Also docketed in 10-cv-9184)(lmb) Modified on 3/7/2012 (lmb). (Entered: 03/07/2012)
SECOND AMENDED COMPLAINT against Citigroup Global Market Inc., Enrico Dallavecchia, Fannie Mae, Robert J. Levin, Daniel H. Mudd, Stephen M. Swad, Wachovia Capital Markets LLC with JURY DEMAND. (Also docketed in 08-cv-7831 & 09-cv-6102)Document filed by Comprehensive Investment Services, Inc.(lmb) (Entered: 03/06/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 2/1/2012 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...Filed In Associated Cases: 1:09-md-02013-PAC et al.(McGuirk, Kelly) (Entered: 02/07/2012)
TRANSCRIPT of Proceedings re: Conference held on 2/1/2012 before Judge Paul A. Crotty. 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 3/2/2012. Redacted Transcript Deadline set for 3/12/2012. Release of Transcript Restriction set for 5/10/2012.Filed In Associated Cases: 1:09-md-02013-PAC et al.(McGuirk, Kelly) (Entered: 02/07/2012)
ORDER. For the reasons stated on the record at the conference held on February 1, 2012, plaintiffs are authorized to file amended complaints. See transcript for complete details. (Signed by Judge Paul A. Crotty on 2/6/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(rjm) (Entered: 02/06/2012)
NOTICE OF APPEARANCE by David Paul Staubitz on behalf of Enrico Dallavecchia Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(Staubitz, David) (Entered: 01/27/2012)
NOTICE OF APPEARANCE by Hector Gonzalez on behalf of Enrico Dallavecchia Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(Gonzalez, Hector) (Entered: 01/27/2012)
NOTICE OF APPEARANCE by Andrew J. Levander on behalf of Enrico Dallavecchia Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(Levander, Andrew) (Entered: 01/27/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated 1/12/2012 re: Counsel for the defendant requests to adjourn the remaining deadlines in the Second Amended Case Management Plan including Defendants' opposition to Lead Plaintiffs' class certification motions and Lead Plaintiffs' replies. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 1/13/2012) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC (ft) (Entered: 01/17/2012)
Letter addressed to Judge Paul A. Crotty from David W. Fassett dated 12/2/2011 re: Counsel writes to inform the Court that FHFA has decided not to file a motion to stay at the present time. Document filed by Federal Housing Finance Agency. (ab) (Entered: 12/07/2011)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated 12/1/2011 re: We represent defendant Fannie Mae in this litigation and write on behalf of the current and former Fannie Mae officers and directors named in the above-captioned actions to respectfully request that the Court reschedule the oral arguments on all outstanding motions to dismiss the above-captioned actions. ENDORSEMENT: Application GRANTED. The oral argument on the three pending motions to dismiss the consolidated ERlSA action (09-cv-1350) will go forward on Wednesday, February 8, 2012 at 04:45PM in Courtroom 26A. The oral argument on the ten pending motions to dismiss the Smith, CIS and Liberty Mutual cases (08-cv-7831) is adjourned to Friday, February 10, 2012 at 1:30PM in Courtroom 26A. (Signed by Judge Paul A. Crotty on 12/6/2011) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 12/06/2011)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Walsh, Jr. dated 10/7/11 re: The parties request that the deadline for Defendants to oppose Lead Plaintiffs' class certification motions be extended to January 13, 2012, and that the time for Lead Plaintiffs to file replies in support of class certification be extended to March 22, 2012. ENDORSEMENT: So ordered. (Responses due by 1/13/2012. Replies due by 3/22/2012.) (Signed by Judge Paul A. Crotty on 10/11/11) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(rjm) (Entered: 10/12/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/3/11 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...Filed In Associated Cases: 1:09-md-02013-PAC et al.(McGuirk, Kelly) (Entered: 09/26/2011)
TRANSCRIPT of Proceedings re: Conference held on 8/3/2011 before Judge Paul A. Crotty. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Tape Number: 8/3/11. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/29/2011.Filed In Associated Cases: 1:09-md-02013-PAC et al.(McGuirk, Kelly) (Entered: 09/26/2011)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (98) Motion for James R. Safley to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 9/22/11) Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(rjm) (Entered: 09/22/2011)
MOTION for James R. Safley to Appear Pro Hac Vice. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation.(pgu) (Entered: 09/20/2011)
REPLY MEMORANDUM OF LAW in Support re: (45 in 1:09-cv-06102-PAC, 75 in 1:09-md-02013-PAC) MOTION to Dismiss the CIS and Smith Amended Complaints.. Document filed by Citigroup Global Markets, Inc., Wachovia Capital Markets LLC, Citigroup Global Market Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Chepiga, Michael) (Entered: 09/15/2011)
REPLY MEMORANDUM OF LAW in Support re: (17 in 1:10-cv-09184-PAC, 79 in 1:09-md-02013-PAC) MOTION to Dismiss the Amended Complaint.. Document filed by Goldman Sachs & Co., Goldman, Sachs & Co.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Chepiga, Michael) (Entered: 09/15/2011)
REPLY MEMORANDUM OF LAW in Support re: (77 in 1:09-md-02013-PAC) MOTION to Dismiss the CIS and Smith Amended Complaints.. Document filed by Banc of America Securities LLC, Citigroup Global Market Inc., Deutsche Bank Securities Inc., Goldman Sachs & Co., J.P. Morgan Securities Inc., JPMorgan Chase & Co., Merrill Lynch, Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Citigroup Global Markets, Inc., JPMorgan Securities Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co. Incorporated, UBS Securities LLC. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-02781-PAC(Chepiga, Michael) (Entered: 09/15/2011)
REPLY MEMORANDUM OF LAW in Support re: (24 in 1:10-cv-02781-PAC, 291 in 1:08-cv-07831-PAC, 47 in 1:09-cv-06102-PAC, 81 in 1:09-md-02013-PAC) MOTION to Dismiss.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 09/15/2011)
DECLARATION of Richard G. Stevens in Opposition re: (79 in 1:09-md-02013-PAC, 17 in 1:10-cv-09184-PAC) MOTION to Dismiss the Amended Complaint.. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 08/25/2011)
DECLARATION of William H. Purcell in Opposition re: (79 in 1:09-md-02013-PAC, 17 in 1:10-cv-09184-PAC) MOTION to Dismiss the Amended Complaint.. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 08/25/2011)
RESPONSE in Opposition re: (79 in 1:09-md-02013-PAC, 17 in 1:10-cv-09184-PAC) MOTION to Dismiss the Amended Complaint.. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Sullivan, Christopher) (Entered: 08/25/2011)
ORDER: Lead plaintiffs (see Letter of July 1, 2011) and Fannie Mae (see letter of July 7, 2011) are in dispute concerning the scope of discovery permissible on the remaining claim in this action after the Courts Opinion and Order, dated September 30, 2010. At the most general level, the Court held that Fannie Maes risk management and controls were insufficient to evaluate the risks of subprime and Alt-A Mortgages; and that Fannie Mae misinformed the market concerning its risk management capabilities. (See Opinion and Order of September 30, 2010, pg. 22-27). The Court heard oral argument on August 3, 2011 concerning the discovery dispute. We may take as a given that lead plaintiffs are not entitled to discovery on claims which have been dismissed, and their discovery is limited to the claim remaining in the lawsuit. As counsel for lead plaintiffs conceded at the August 3, 2011 oral argument: Let me make one thing clear to the extent we havent made it clear, is that we are not seeking documents beyond the scope of whats in the Courts order on pages 22-26. In other words, we fully understand [with respect to dismissed claims]... we are not seeking discovery on that. We are only seeking discovery for what your Honor upheld, which is on pages 22 to 26. (pg 4 ll 25 pg 5 ll 11). Lead plaintiffs counsels concession applies to both the First and Second set of document requests. While discovery is limited to the remaining claim dealing with risk management, lead plaintiffs are entitled to discovery as full as permitted by law and the Federal Rules of Civil Procedure. Discovery cannot be limited to the events surrounding Mr. Dallavecchias several emails. Nor can risk management be limited by the term credit risk management, as Fannie Mae suggests, so that it excludes other risks related to guarantee fees; underwriting standards or losses sustained by Fannie Mae relating to subprime and Alt-A Mortgages. Having sustained lead plaintiffs claims on risk management, lead plaintiffs are entitled to discovery, including all events, occurrences and transactions covered by Fannie Maes risk management policiesor, in the exercise of reasonable prudence, should have been covered by such policies. Thus, it would include risks arising out of or occurring on transactions with loan losses and creating reserves for such losses, or for creating reserves for losses on guarantees. Fannie Mae believes that its losses were caused by a once in a century meltdown in the housing finance sector. It argues that lead plaintiffs have failed to explain how they will show that something other than the global financial crisis caused Fannie Maes stock price to drop in September (Fannie Mae letter of July 7, 2011, pg. 3). But this argument puts the cart before the horse; lead plaintiffs are not required to disprove defendants defense as a condition precedent to discovery. Rather, lead plaintiff is allowed to seek documents and related discovery on its theory of liability which is still viable. Lead plaintiffs may discover documents concerning deficient risk policies and procedures, including documents concerning risk and losses, underwriting guidelines, guarantee fees, institutional counter-party risk and risk model. In short, lead plaintiffs may discover Fannie Maes risk management policies, what the policies covered and how; further, they are entitled to discovery on what the risk management policy should have covered, including managements consideration of how, when and why to apply appropriate standards for risk management. Given this guidance, the parties should meet and confer concerning any remaining discovery disputes. The guiding beacon, however, is that lead plaintiffs are entitled to discovery on the remaining viable claim in this action concerning Fannie Maes risk management policy, procedures and practices, as applied to the risks confronting Fannie Man. (Signed by Judge Paul A. Crotty on August 19, 2011) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(mov) (Entered: 08/19/2011)
ORDER ADMITTING ATTORNEY PRO HAC VICE: Attorney Erik L. Kitchen for Robert J. Levin admitted Pro Hac Vice. (Signed by Judge Paul A. Crotty on 8/19/2011) (lmb) (Entered: 08/19/2011)
STIPULATED PRETRIAL PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Crotty on 7/15/2011) (mro) (Entered: 07/18/2011)
DECLARATION of Michael J. Chepiga in Support re: (17 in 1:10-cv-09184-PAC, 79 in 1:09-md-02013-PAC) MOTION to Dismiss the Amended Complaint.. Document filed by Goldman Sachs & Co., Goldman, Sachs & Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Part 1 of 2), # 7 Exhibit F (Part 2 of 2), # 8 Exhibit G (Part 1 of 2), # 9 Exhibit G (Part 2 of 2), # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O (Part 1 of 8), # 18 Exhibit O (Part 2 of 8), # 19 Exhibit O (Part 3 of 8), # 20 Exhibit O (Part 4 of 8), # 21 Exhibit O (Part 5 of 8), # 22 Exhibit O (Part 6 of 8), # 23 Exhibit O (Part 7 of 8), # 24 Exhibit O (Part 8 of 8), # 25 Exhibit P)Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Chepiga, Michael) (Entered: 07/11/2011)
NOTICE of Request for Judicial Notice re: (24 in 1:10-cv-02781-PAC, 291 in 1:08-cv-07831-PAC, 47 in 1:09-cv-06102-PAC, 81 in 1:09-md-02013-PAC) MOTION to Dismiss.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 07/11/2011)
DECLARATION of Michael J. Walsh, Jr. in Support re: (24 in 1:10-cv-02781-PAC, 291 in 1:08-cv-07831-PAC, 47 in 1:09-cv-06102-PAC, 81 in 1:09-md-02013-PAC) MOTION to Dismiss.. Document filed by Federal National Mortgage Association. (Attachments: # 1 Exhibit Exhibits 1-9, # 2 Exhibit Exhibits 10-17)Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 07/11/2011)
MEMORANDUM OF LAW in Support re: (24 in 1:10-cv-02781-PAC, 291 in 1:08-cv-07831-PAC, 47 in 1:09-cv-06102-PAC, 81 in 1:09-md-02013-PAC) MOTION to Dismiss.. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 07/11/2011)
MOTION to Dismiss. Document filed by Federal National Mortgage Association.Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC, 1:10-cv-02781-PAC(Walsh, Michael) (Entered: 07/11/2011)
MEMORANDUM OF LAW in Support re: (79 in 1:09-md-02013-PAC, 17 in 1:10-cv-09184-PAC) MOTION to Dismiss the Amended Complaint.. Document filed by Goldman Sachs & Co., Goldman, Sachs & Co.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(Chepiga, Michael) (Entered: 07/11/2011)
MEMORANDUM OF LAW in Support re: (22 in 1:10-cv-02781-PAC, 77 in 1:09-md-02013-PAC) MOTION to Dismiss the CIS and Smith Amended Complaints.. Document filed by Banc of America Securities LLC, Goldman Sachs & Co., J.P. Morgan Securities Inc., JPMorgan Chase & Co., Merrill Lynch, Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, Banc of America Securities LLC, Citigroup Global Markets, Inc., Deutsche Bank Securities, Inc., Goldman Sachs & Co., JPMorgan Securities Inc., Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co. Incorporated, UBS Securities LLC. Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-02781-PAC(Chepiga, Michael) (Entered: 07/11/2011)
MOTION to Dismiss the CIS and Smith Amended Complaints. Document filed by Banc of America Securities LLC, Citigroup Global Market Inc., Deutsche Bank Securities Inc., J.P. Morgan Securities Inc., JPMorgan Chase & Co., Morgan Stanley & Co. Incorporated, Goldman Sachs & Co., JPMorgan Securities Inc., Morgan Stanley & Co. Incorporated, UBS Securities LLC.Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-02781-PAC(Chepiga, Michael) (Entered: 07/11/2011)
MEMORANDUM OF LAW in Support re: (45 in 1:09-cv-06102-PAC) MOTION to Dismiss the CIS and Smith Amended Complaints.. Document filed by Citigroup Global Markets, Inc., Wachovia Capital Markets LLC, Citigroup Global Market Inc.. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Chepiga, Michael) (Entered: 07/11/2011)
MOTION to Dismiss the CIS and Smith Amended Complaints. Document filed by Citigroup Global Markets, Inc., Wachovia Capital Markets LLC, Citigroup Global Market Inc..Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(Chepiga, Michael) (Entered: 07/11/2011)
ORDER: CIS specifically requested that it be excluded from the November 29, 2010 Civil Case Management Plan and Scheduling Order so that it did not have to comply with pending deadlines. Now, CIS desires the ability to use the May 12, 2010 Second Amended Civil Case Management Plan and Scheduling Order to its advantage. In these circumstances, this is inappropriate and its motion to participate in discovery is DENIED until the motion to dismiss is decided. (Signed by Judge Paul A. Crotty on 7/5/2011) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(jfe) (Entered: 07/06/2011)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Thomas B. Hatch has been admitted Pro Hac Vice. (Signed by Judge Paul A. Crotty on 6/27/2011) Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC(js) (Entered: 06/27/2011)
NOTICE OF CHANGE OF ADDRESS by Thomas James McKenna on behalf of Fogel Capital Management, Inc.. New Address: Gainey & McKenna, 440 Park Avenue South, 5th Floor, New York, New York, USA 10016, 212-983-1300. (McKenna, Thomas) (Entered: 06/23/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Thomas B. Hatch to Appear Pro Hac Vice. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Peerless Insurance Company, Safeco Corporation.(Sullivan, Christopher) Modified on 6/16/2011 (db). (Entered: 06/15/2011)
AMENDED COMPLAINT amending Amended Complaint against Goldman Sachs & Co. with JURY DEMAND.Document filed by Safeco Corporation, Liberty Mutual Insurance Company, Peerless Insurance Company, Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company. Related document: Amended Complaint filed by David Gwyer, Mary P. Moore.(mbe) Modified on 6/6/2011 (mbe). (Entered: 06/03/2011)
NOTICE of Firm Name Change. Document filed by David Gwyer, Mary P. Moore. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(Ciolko, Edward) (Entered: 06/03/2011)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Christopher P. Sullivan, dated 5/13/2011, re: Counsel for the Liberty Mutual Plaintiffs writes to request the Court grant leave to file an amended complaint on or before May 27, 2011. Plaintiffs further propose that Goldman Sachs' deadline to respond to the Liberty Mutual Plaintiffs' amended complaint be extended through and including forty-five days (45) thereafter; that if Goldman Sachs files a motion to dismiss the amended complaint, then the Liberty Mutual Plaintiffs' deadline to respond to such motion is forty-five (45) days after such motion is filed; and that any reply by Goldman Sachs in support of a motion to dismiss must be filed no later than twenty-one (21) days after the Liberty Mutual Plaintiffs file their opposition papers. Counsel for Goldman Sachs do not oppose this proposed schedule. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 5/17/2011) Filed In Associated Cases: 1:09-md-02013-PAC, 1:10-cv-09184-PAC (lnl) (Entered: 05/17/2011)
NOTICE OF WITHDRAWAL OF APPEARANCE, Please take notice that, pursuant to Civil Local Rule 1.4, Agnes Dunogue, currently of Orrick, Herrington & Sutcliffe LLP, hereby respectfully requests that she be withdrawn ascounsel for defendants Bear Stearns & Co. Inc., Bane of America Securities LLC, Barclays Capital Inc., Citigroup Global Market Inc., Deutsche Bank Securities Inc., FTN Financial Securities Corp., Goldman, Sachs & Co., J.P. Morgan Securities, Inc., Merrill Lynch Pierce, Fenner & Smith, Inc., Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC and Wells Fargo Securities LLC in the above- captioned action and all actions consolidated therewith and/or related thereto. The undersigned is no longer associated with the law firm of Simpson Thacher & Bartlett LLP, counsel for these defendants. Please therefore remove the undersigned from all CM/ECF notifications regarding the above-captioned action and all actions consolidated therewith and/or related thereto. Attorney Agnes Dunogue terminated. (Signed by Judge Paul A. Crotty on 4/8/11) Filed In Associated Cases: 1:09-md-02013-PAC et al.(pl) (Entered: 04/15/2011)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Christopher P. Sullivan dated March 8, 2011 re: response to Mr. Chepiga's March 7, 2010 letter on behalf of Goldman, Sachs & Co. ("Goldman Sachs") requesting a status conference.. ENDORSEMENT: The Court has decided the motions for reconsideration and has deemed that plaintiffs are to follow the schedule set forth for the other parties in the courts existing orders. So Ordered. (Signed by Judge Paul A. Crotty on April 12, 2011) (mov) (Entered: 04/12/2011)
ORDER, Defendants' motion for reconsideration is DENIED. The Clerk of Court is directed to terminate the motions at docket numbers 234, 236, and 239. SO ORDERED. (Docketed in Case No. 08 Civ 7831) (Signed by Judge Paul A. Crotty on 4/11/2011) (lnl) (Entered: 04/12/2011)
MEMO ENDORSEMENT on re: Notice of Withdrawal as Counsel. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 3/9/2011) (jfe) (Entered: 03/09/2011)
TRANSCRIPT of proceedings held on November 16, 2009 before Judge Paul A. Crotty. Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(mro) (Entered: 02/23/2011)
ORDER the Civil Case Management Plan and Scheduling Order, entered by this Court on 11/29/10, and the deadlines and timetables therein, do not apply to the Comprehensive Investment Services action. With respect to that action, the Court's 10/26/10 order remains in effect. The Clerk of Court shall terminate doc #257 in 08 cv 7831. (Signed by Judge Paul A. Crotty on 1/27/11) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(cd) (Entered: 01/28/2011)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Jeffrey W. Kilduff dated 12/9/10 re: Fannie Mae seeks an enlargement of time to December 31, 2010 to file its answer. Defendants Mudd and Dellavecchia seek an enlargement of time to 1/7/11 to file their answers. ENDORSEMENT: So ordered. Enrico Dallavecchia answer due 1/7/2011; Fannie Mae answer due 12/31/2010; Daniel H. Mudd answer due 1/7/2011. (Signed by Judge Paul A. Crotty on 12/10/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(rjm) (Entered: 12/10/2010)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/8/10) (rjm) (Entered: 12/09/2010)
STIPULATION AND ORDER No response to the complaint in the Smith Action shall be required from any defendant while the Motions for Reconsideration are pending. Plaintiff may, but shall not be required to, file an amended complaint in the Smith Action on or before the date that is 30 days after entry of an order determining the Motions for Reconsideration, and as further set forth in this document. (Signed by Judge Paul A. Crotty on 11/2/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:10-cv-02781-PAC(cd) (Entered: 11/02/2010)
STIPULATION AND ORDER, that Defendants shall answer the Complaint on or before December 13, 2010. (Signed by Judge Paul A. Crotty on 10/14/10) (pl) (Entered: 10/14/2010)
OPINION & ORDER: CONCLUSION: For the foregoing reasons, Defendants' motion is GRANTED IN PART and DENIED IN PART. Specifically: (1) With respect to Plaintiffs' claim against Fannie and the Individual Defendants for violations of Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and SEC Rule 10b-5, 17 C.F.R. § 240.10b-5, the Court: (a) GRANTS Defendants' motion to dismiss as to Plaintiffs' allegations regarding Fannies subprime and Alt-A mortgage exposure and financial reporting as to all Defendants;(b) DENIES Defendants' motion to dismiss as to Plaintiffs' allegations regarding Fannies internal controls and risk management as to Fannie, Mudd, and Dallavecchia; (c) GRANTS Defendants' motion to dismiss as to Plaintiffs' allegations regarding Fannie's internal controls and risk management as to Swad and Blakely; and (2) With respect to Plaintiffs' claim against Deloitte for violations of Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and SEC Rule 10b-5, 17 C.F.R. § 240.10b-5, the Court GRANTS Defendants' motion to dismiss; and (3) With respect to Plaintiffs' claim against the Individual Defendants for control person liability under Section 20(a) of the Exchange Act, 15 U.S.C. § 78t(a), the Court: (a) GRANTS Defendants' motion to dismiss as to Plaintiffs' allegations regarding Fannie's subprime and Alt-A mortgage exposure and financial reporting as to all the Individual Defendants; (b) DENIES Defendants' motion to dismiss as to Plaintiffs' allegations regarding Fannie's internal controls and risk management as to Mudd and Dallavecchia; (c) GRANTS Defendants' motion to dismiss as to Plaintiffs' allegations regarding Fannie's internal controls and risk management as to Swad and Blakely; and The Clerk of Court is directed to close the motions at docket numbers 155, 156, 161, 163, and 167. (Signed by Judge Paul A. Crotty on September 30, 2010) (mov) (Entered: 09/30/2010)
ORDER. The Motion for certification of the November 24, 2009 Remand Order for immediate interlocutory appeal is DENIED. The Clerk of the Court is directed to terminate document number 194 in 08 Civ. 7831, and document number 43 in 09 Civ. 1352. denying (194) Motion for Certificate of Appealability in case 1:08-cv-07831-PAC; denying (43) Motion for Certificate of Appealability in case 1:09-cv-01352-PAC. (Signed by Judge Paul A. Crotty on 7/29/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01352-PAC(rjm) (Entered: 07/30/2010)
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, as follows: 1. No response to the complaint in the Smith Action shall be required from any defendant while the 1934 Act Motions to Dismiss are pending. 2. Plaintiff may, but shall not be required to, file an amended complaint in the Smith Action on or before the date that is thirty (30) days after entry of an order determining the 1934 Act Motions to Dismiss. 3. Plaintiff may inform defendants of its intent not to file an amended complaint in the Smith Action at any time after entry of an order determining the 1934 Act Motions to Dismiss. 4. Defendants' deadline to move, answer, or otherwise respond to the complaint in the Smith Action is extended through and including the date that is forty-five (45) days after plaintiff in the Smith Action files an amended complaint or plaintiff notifies defendants that plaintiff will not be filing an amended complaint, whichever of these two events occurs first. 5. If defendants file any motions to dismiss the Smith Action complaint or amended complaint, plaintiff's deadline to respond to any motion(s) to dismiss is forty-five (45) days after the last of such motions is filed and defendants shall file any replies in support of any motions to dismiss no later than twenty-one (21) days after plaintiff files its opposition papers. (Signed by Judge Paul A. Crotty on 4/9/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:10-cv-02781-PAC(rjm) (Entered: 04/12/2010)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-4)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/12/10) (rjm) (Entered: 03/30/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED THAT David W. Fassett is admitted to practice pro hac vice as counsel for Federal Housing Finance Agency in the above-captioned case in the United States District Court for the Southern District of New York. granting (49) Motion for David W. Fassett to Appear Pro Hac Vice in case 1:09-cv-01352-PAC; granting (52) Motion for David W. Fassett to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 2/4/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01352-PAC(rjm) (Entered: 02/04/2010)
MOTION for David W. Fassett to Appear Pro Hac Vice. Document filed by Federal Housing Finance Agency. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01352-PAC(rjm) (Entered: 02/02/2010)
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, as follows: 1. No response to the complaint in the CIS Action shall be required from any defendant while the 1934 Act Motions to Dismiss are pending. 2. Plaintiff may, but shall not be required to, file an amended complaint in the CIS Action on or before the date that is thirty (30) days after entry of an order determining the 1934 Act Motions to Dismiss. 3. Plaintiff may inform defendants of its intent not to file an amended complaint in the CIS Action at any time after entry of an order determining the 1934 Act Motions to Dismiss. 4. Defendants' deadline to move, answer or otherwise respond to the complaint in the CIS Action is extended through and including the date that is forty-five (45) days after plaintiff in the CIS Action files an amended complaint or plaintiff notifies defendants that plaintiff will not be filing an amended complaint, whichever of these two events occurs first. 5. If defendants file any motions to dismiss the CIS Action complaint or amended complaint, plaintiffs deadline to respond to any motion(s) to dismiss is forty-five (45) days after the last of such motions is filed and defendants shall file any replies in support of any motions to dismiss no later than 21 days after plaintiff files its opposition papers. (Signed by Judge Paul A. Crotty on 1/20/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(rjm) (Entered: 01/20/2010)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Robert I. Harwood dated 1/4/2010 re: I write on behalf of Interim Co-Lead Counsel for Plaintiffs in the above-referenced litigation to respectfully request permission to file, in response to three memoranda of law totaling 63 pages in the aggregate, in support of the motions to dismiss the complaint in the referenced action, one opposition brief of 60 pages in length. ENDORSEMENT: Request denied. An opposition brief of 35 pages may be filed. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/7/2010) (jmi) (Entered: 01/07/2010)
DISMISSAL WITHOUT PREJUDICE OF CLAIMS AGAINST ANNE F. PANKAU. Pursuant to FED. R. CIV. P. 41(a)(1), and the terms of a tolling agreement executed by the parties on November 17, 2009 (incorporated herein by reference), Plaintiffs hereby dismiss this action as against Defendant Anne F. Pankau only, without prejudice. This will not affect any other claims Plaintiffs have against any other party in this litigation. (Signed by Judge Paul A. Crotty on 1/4/10) Filed In Associated Cases: 1:09-md-02013-PAC et al.(rjm) (Entered: 01/04/2010)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Samuel K. Rosen dated 12/29/09 re: I write on behalf of Interim Co-Lead Counsel for Plaintiffs in the above-referenced litigation to respectfully request an extension of the deadline for Plaintiffs to file a response to Defendants' several motions to dismiss the Consolidated Complaint (from January 12, 2010 to January 15, 2010), and a corresponding extension of the deadlines for the remainder of the briefing schedule. Plaintiffs counsel has contacted counsel for Defendants, who do not oppose the relief requested. ENDORSEMENT: So Ordered., (Responses due by 1/15/2010) (Signed by Judge Paul A. Crotty on 1/4/10) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 01/04/2010)
MEMORANDUM OF LAW in Opposition re: (43 in 1:09-cv-01352-PAC, 194 in 1:08-cv-07831-PAC) MOTION for Certificate of Appealability. Defendants' Memorandum of Law in Opposition to Plaintiff Daniel Kramer's Motion to Certify an Immediate Appeal Pursuant to 28 U.S.C. Section 1292(b). Document filed by The McGraw-Hill Companies, Inc., Standard & Poor's Rating Services, Wachovia Capital Markets LLC, Federal National Mortgage Association, Fitch Ratings, Moody's Investors Service, Inc., Citigroup Global Market Inc., Merrill Lynch, Pierce Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01352-PAC(Brandt, James) (Entered: 12/23/2009)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Jeffrey W. Kilduff dated 12/17/09 re: We represent defendant Fannie Mae in this litigation. We write to respectfully request permission to file a reply memorandum of up to 20 pages in further support of Fannie Mae's Motion to Dismiss Claims Under the Securities Exchange Act of 1934. Plaintiffs consent to an enlargement of up to five pages but not the ten pages that Fannie Mae now seeks. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 12/21/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(rjm) (Entered: 12/22/2009)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Mark K. Gyandoh dated 12/2/09 re: Plaintiffs request for an extension of the deadline for Plaintiffs to file a response to Defendants' several motions to dismiss the Consolidate Complaint from December 17, 2009 to January 12, 2010 and a corresponding extension of the deadlines for the remainder of the briefing schedule. ENDORSEMENT: So Ordered., (Responses due by 1/12/2010) (Signed by Judge Paul A. Crotty on 12/7/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 12/07/2009)
ORDER. On October 6, 2009, the Court dismissed the CIS complaint. On October 21, 2009, CIS moved for reconsideration and other relief. Upon consideration of the motion papers, and after hearing argument on November 16, 2009, the Court GRANTS the motion for reconsideration of the October 6, 2009 order. Accordingly, the CIS complaint is reinstated on the Court's docket. In all other respects, CIS's motion of October 21, 2009 is DENIED. (Signed by Judge Paul A. Crotty on 11/23/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-06102-PAC(rjm) (Entered: 11/24/2009)
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE FOR ATTORNEYS JOSEPH H. MELTZER, EDWARD W. CIOLKO, MARK K. GYANDOH AND JULIE SIEBERT-JOHNSON. The Court has before it a Motion for Admission pro hac vice for attorneys Joseph H. Meltzer, Edward W. Ciolko, Mark K, Gyandoh and Julie Siebert-Johnson. The Court hereby grants the Motion. Joseph H. Meltzer, Edward W. Ciolko, Mark K. Gyandoh and Julie Siebert-Johnson are admitted pro hac vice. granting (32) Motion for JOSEPH H. MELTZER, EDWARD W. CIOLKO, MARK K. GYANDOH AND JULIE SIEBERT-JOHNSON to Appear Pro Hac Vice in case 1:09-cv-01350-PAC; granting (42) Motion for JOSEPH H. MELTZER, EDWARD W. CIOLKO, MARK K. GYANDOH AND JULIE SIEBERT-JOHNSON to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 11/20/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 11/20/2009)
MOTION FOR ADMISSION PRO HAC VICE FOR ATTORNEYS JOSEPH H. MELTZER, EDWARD W. CIOLKO, MARK K. GYANDOH AND JULIE SIEBERT-JOHNSON. Document filed by Mary P. Moore, David Gwyer.Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 11/18/2009)
ORDER. PLEASE TAKE NOTICE that upon the annexed declaration of David Fleischer dated November 11, 2009 and the exhibits thereto, the undersigned hereby moves this Court for an order allowing the admission pro hac vice of Scott M. Flicker, Paul, Hastings, Janofsky & Walker LLP, 875 15th Street, N.W., Washington, D.C. 20005, (202) 551-1700, scottflicker@paulhastings.com, to argue or try this case in whole or in part as counsel for defendant Daniel H. Mudd. granting (30) Motion for Scott M. Flicker to Appear Pro Hac Vice in case 1:09-cv-01350-PAC; granting (40) Motion for Scott M. Flicker to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 11/16/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 11/17/2009)
MOTION for Scott M. Flicker to Appear Pro Hac Vice. Document filed by Daniel H. Mudd. Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC (rjm) (Entered: 11/13/2009)
ORDER. It is hereby ORDERED that Plaintiffs Motion for Withdrawal of Appearance is GRANTED and Katherine B. Bornstein shall be removed as counsel for Plaintiffs in the above-captioned matter. The Clerk of Court shall terminate No. 13 from 09cv2197 and No. 36 from 09md2013. granting (36) Motion to Withdraw as Attorney. Attorney Katherine B. Bornstein terminated in case 1:09-md-02013-PAC; granting (13) Motion to Withdraw as Attorney. Attorney Katherine B. Bornstein terminated in case 1:09-cv-02197-PAC. (Signed by Judge Paul A. Crotty on 11/10/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-02197-PAC(rjm) (Entered: 11/10/2009)
ORDER FOR ADMISSION PRO HAC VICE. IT IS HEREBY ORDERED that Robert N. Eccles is admitted to practice pro hac vice as counsel for Defendants Fannie Mae Compensation Committee, Fannie Mae Benefit Plans Committee, and David C. Hisey in the above-captioned case in the United States District Court for the Southern District of New York... and as further set forth. granting (28) Motion for Robert N. Eccles to Appear Pro Hac Vice in case 1:09-cv-01350-PAC; granting (37) Motion for Robert N. Eccles to Appear Pro Hac Vice in case 1:09-md-02013-PAC. (Signed by Judge Paul A. Crotty on 11/10/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 11/10/2009)
MOTION for Robert N. Eccles to Appear Pro Hac Vice. Document filed by David C. Hisey, Federal National Mortgage Association Compensation Committee, Federal National Mortgage Association Benefit Plans Committee.Filed In Associated Cases: 1:09-md-02013-PAC, 1:09-cv-01350-PAC(rjm) (Entered: 11/05/2009)
MOTION for Katherine B. Bornstein to Withdraw as Attorney. Document filed by David Gwyer, Mary P. Moore. (Attachments: # 1 Text of Proposed Order)(Ciolko, Edward) (Entered: 10/22/2009)
ENDORSED LETTER addressed to Judge Paul A. Crotty from James E. Brandt dated 10/16/09 re: We represent defendant Fannie Mae. We understand from your deputy, Marlon Ovalles, that Your Honor is unavailable on November 13, 2009 for oral argument on (i) Defendants' Motion to Dismiss Claims Brought Under the Securities Act of 1933 and (ii) Plaintiff Daniel Kramer's Motion to Remand. The parties have conferred and suggest November 16, 2009, as the date for argument on both of these motions. ENDORSEMENT: Application Granted. The oral argument is set for 11/16/09 at 11:30am. (Signed by Judge Paul A. Crotty on 10/19/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(rjm) (Entered: 10/19/2009)
ORDER WITH RESPECT TO INTERVENTION BY THE FEDERAL HOUSING FINANCE AGENCY. IT IS HEREBY ORDERED THAT: Pursuant to Rule 24(a) of the Federal Rules of Civil Procedure, FHFA. Conservator for Fannie Mae, may intervene as a defendant. (Signed by Judge Paul A. Crotty on 10/13/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-01352-PAC(rjm) (Entered: 10/13/2009)
NOTICE OF APPEARANCE by Charles Robert Cohen on behalf of Daniel Kramer Filed In Associated Cases: 1:09-md-02013-PAC et al.(Cohen, Charles) (Entered: 09/29/2009)
ORDER. Please take notice that the above captioned matter is scheduled for a Pretrial / Pre-Motion Conference to take place on Friday. October 2, 2009 at 10:00 a.m in Courtroom 20-C, United States District Court, 500 Pearl Street, New York, New York 10007. Two business days prior to the conference, the parties are directed to e-mail: CrottyNYSDCbambers@nysd.uscourts.gov; a joint letter setting forth the names of all counsel appearing at the conference; their contact information; whom counsel represents; as well as a listing of any topics any party wishes to raise. Any requests for adjournments will not be considered unless the party requesting the adjournment complies with Rule 1E of my Individual Practices (attached). (Pre-Motion Conference set for 10/2/2009 at 10:00 AM before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 9/17/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC(rjm) (Entered: 09/17/2009)
ORDER. ORDERED that attorneys Andrew J. Mytelka, M. David Leblanc, Steven Carl Windsor, Eric J. Kirkpatrick and Joe A.C. Fulcher be and hereby are permitted to appear and participate pro hac vice in the above-captioned matter for Comprehensive Investment Services, Inc. granting (148) Motion for Andrew J. Mytelka, M. David Leblanc, Steven Carl Windsor, Eric J. Kirkpatrick and Joe A.C. Fulcher to Appear Pro Hac Vice in case 1:08-cv-07831-PAC; granting (30) Motion for Andrew J. Mytelka, M. David Leblanc, Steven Carl Windsor, Eric J. Kirkpatrick and Joe A.C. Fulcher to Appear Pro Hac Vice in case 1:09-md-02013-PAC; granting (11) Motion for Andrew J. Mytelka, M. David Leblanc, Steven Carl Windsor, Eric J. Kirkpatrick and Joe A.C. Fulcher to Appear Pro Hac Vice in case 1:09-cv-06102-PAC. (Signed by Judge Paul A. Crotty on 9/14/09) Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(rjm) (Entered: 09/15/2009)
NOTICE OF MOTION OF ATTORNEYS TO APPEAR AND PARTICIPATE PRO HAC VICE... for Andrew J. Mytelka, M. David Leblanc, Steven Carl Windsor, Eric J. Kirkpatrick, Joe A.C. Fulcher to Appear Pro Hac Vice. Document filed by Comprehensive Investment Services, Inc. Filed In Associated Cases: 1:09-md-02013-PAC, 1:08-cv-07831-PAC, 1:09-cv-06102-PAC(rjm) (Entered: 09/08/2009)
NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Gerard E. Lynch, Judge Paul A. Crotty is no longer assigned to the case. Filed In Associated Cases: 1:09-md-02013-GEL et al.(djc) (djc). (Entered: 09/01/2009)
MDL ORDER REASSIGNING LITIGATION: This litigation is reassigned to the Honorable Paul A. Crotty for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. Section 1407. (Signed by MDL Panel on 8/28/09) Filed In Associated Cases: 1:09-md-02013-GEL et al.(djc) (Entered: 09/01/2009)
MOTION for Jeffrey W. Kilduff to Appear Pro Hac Vice. Document filed by Federal National Mortgage Association. Filed In Associated Cases: 1:09-md-02013-GEL, 1:08-cv-07831-GEL(rjm) (Entered: 07/31/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-3)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Gerard E. Lynch, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/17/09) (rjm) (Entered: 07/08/2009)
ORDER. Plaintiffs shall have forty-five (45) days from the entry of this proposed Order to file their Consolidated Complaint. 2. Defendants shall have forty-five (45) days from service of the Consolidated Complaint to Answer or otherwise respond. 3. In the event that Defendants file a motion to dismiss the Consolidated Complaint, the Plaintiffs shall have forty-five (45) days from service to file an opposition to the motion to dismiss and Defendants shall have thirty (30) days from service of the opposition to file their Reply.SO ORDERED. (Signed by Judge Gerard E. Lynch on 6/18/09) Filed In Associated Cases: 1:09-md-02013-GEL, 1:09-cv-01351-GEL, 1:09-cv-01352-GEL, 1:09-cv-01367-GEL(djc) (Entered: 06/19/2009)
PRETRIAL ORDER NO. 1 CONSOLIDATING THE ERISA ACTIONS AND APPOINTING INTERIM CO-LEAD COUNSEL. The Court orders as follows: The ERISA Actions and any action arising out of the same operative facts now pending or hereafter filed in or transferred to this Court are hereby consolidated pursuant to FED. R. CIV.P. 42(a) (the "Consolidated Action"). They shall be referred to collectively as In re 2008 Fannie Mae ERISA Litigation, Master File No. I :09-cv-01350... A Master Docket is hereby established for the Consolidated Action, including actions subsequently consolidated herein pursuant to this Order. Entries in said Master Docket shall be applicable to the Consolidated Action, and entries shall be made therein in accordance with the regular procedures of the Clerk of this Court, except as modified by this Order. When a pleading is filed and the caption, pursuant to this Order, shows that it is applicable to "All Actions," the Clerk shall file such pleading in the Master File and note such filing in the Master Docket. No further copies need be filed nor other docket entries made. When a paper is filed and the caption shows that it is applicable to fewer than All Actions, the Clerk shall file the original of the paper in the Master File and a copy in the file of each separate action to which it applies and shall note such filing in the Master Docket and in the docket of each separate action. The party filing such paper shall supply the Clerk with sufficient copies of any such paper to permit compliance with this paragraph. A Master File is hereby established for the consolidated proceedings in the Consolidated Action. The Master File shall be Civil Action No.1 :09-cv-01350. The original of this Order shall be filed by the Clerk in the Master File herein established. The Clerk shall maintain a separate file for each action consolidated herein and filings shall be made in accordance with the regular procedures of the Clerk of this Court, except as modified by this Order... and as further set forth regarding the procedures to be followed that shall govern the handling of this Pretrial Order No. 1 Consolidating The ERISA Actions and Appointing Interim Co-Lead Counsel. Relates to 09md2013, 09-1350, 09-2197. (Signed by Judge Gerard E. Lynch on 5/14/09) (rjm) (Entered: 05/19/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Mary Gibbons Whipple for Federal Housing Finance Agency admitted Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 4/10/2009) Filed In Associated Cases: 1:09-md-02013-GEL, 1:09-cv-01352-GEL(jmi) (Entered: 04/15/2009)
MOTION for Mary Gibbons Whipple to Appear Pro Hac Vice. Document filed by Federal Housing Finance Agency. Filed In Associated Cases: 1:09-md-02013-GEL, 1:09-cv-01352-GEL(rjm) (Entered: 04/03/2009)
CERTIFICATE OF SERVICE of Notice of Appearance of Justin E. Klein, Notice of Appearance of James J. Coster, Notice of Appearance of Joshua M. Rubins and Rule 7.1 Corporate Disclosure Statement served on Joseph W. Cotchett, Patrick V. Dalhstrom, Stepgen D. Oestreich and Vincent R. Cappucci on March 20, 2009. Service was made by Mail. Document filed by Moody's Investors Service, Inc.. (Klein, Justin) (Entered: 03/20/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Gerard E. Lynch, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/20/09) (rjm) (Entered: 03/13/2009)
AFFIDAVIT OF SERVICE of Notice of Appearance served on All parties listed on Court's ECF filing system as of March 5, 2009 on March 5, 2009. Document filed by Daniel Kramer. Filed In Associated Cases: 1:09-md-02013-GEL, 1:09-cv-01351-GEL, 1:09-cv-01352-GEL, 1:09-cv-01367-GEL(Litvin, Dan) (Entered: 03/05/2009)
NOTICE OF APPEARANCE by Charles Robert Cohen on behalf of Daniel Kramer Filed In Associated Cases: 1:09-md-02013-GEL, 1:09-cv-01351-GEL, 1:09-cv-01352-GEL, 1:09-cv-01367-GEL(Cohen, Charles) (Entered: 03/04/2009)
NOTICE OF APPEARANCE by Scott Warren Fisher on behalf of Daniel Kramer Filed In Associated Cases: 1:09-md-02013-GEL, 1:09-cv-01351-GEL, 1:09-cv-01352-GEL, 1:09-cv-01367-GEL(Fisher, Scott) (Entered: 03/04/2009)
AFFIDAVIT OF SERVICE of Notice of Appearance of Martin Flumenbaum, Notice of Appearance of Andrew J. Ehrlich, Notice of Appearance of Roberta A. Kaplan, Notice of Appearance of Tobias J. Stern, and Statement of Related Corporate Entities Pursuant to Rule 7.1 served on Jeffrey S. Abraham, David T. Aronberg, Jeffrey C. Block, Jules Brody, Soloman B. Cera, John P. Coffey, Jay W. Eisenhofer, James W. Gidden, Rorbert I. Harwood, Mark J. Hulkower, Geoffrey C. Jarvis, Robert N. Kaplan, Thomas J. McKenna, Charles Piven, Aaron D. Rihn, Joshua M. Rubins, Michael J. Walsh, Jr., James Warcham, Penny S. Windle, Christopher R. Belmonte, Jeffrey J. Greenbaum, Alan E. Kraus, Allyn Zissel Lite, Kevin J. McKenna, Peter S. Pearlman, and Mary Gibbons Whipple on February 26, 2009. Service was made by Mail. Document filed by Fitch Ratings. (Stern, Tobias) (Entered: 02/26/2009)
CERTIFIED TRUE COPY OF MDL TRANSFER ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of District of Columbia, Southern District of Florida, District of New Jersey, Western district of Pennsylvania and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Gerard E. Lynch, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/11/2009) (kkc) (Entered: 02/18/2009)
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