ORDER Granting the Parties' Joint Motion to Stay Proceedings. (See Order for revisions made by the Court.) (Signed by Judge Denise L. Cote on 10/29/2013) (gr) (Entered: 10/29/2013)
JOINT MOTION to Stay Proceedings. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Proposed Order)(Sheth, Manisha) (Entered: 10/28/2013)
708
Filed: 10/28/2013, Entered: None
MOTION to Stay Proceedings. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Sheth, Manisha) (Entered: 10/28/2013)
SCHEDULING ORDER: In a letter of October 18, 2013, plaintiff FHFA raised a discovery dispute regarding document production from third-party Clayton Holdings LLC ("Clayton"). It is hereby ORDERED that a telephone Conference will be held with Clayton and the parties to address this issue on 10/24/2013 at 03:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/22/2013) (gr) (Entered: 10/23/2013)
OPINION & ORDER: The defendants August 30, 2013 motion to compel production of documents withheld by FHFA on the basis of the bank examination and deliberative process privileges is denied. (Signed by Judge Denise L. Cote on 10/16/2013) (djc) (Entered: 10/17/2013)
LETTER addressed to Judge Denise L. Cote from FHFA dated 10/17/2013 re: Plaintiff's Opposition to Defendants' Motion to Compel Production of Privileged Documents. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(McGill, David) (Entered: 10/17/2013)
STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF THIRD-PARTY REPORTS AND COMMUNICATIONS RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING REVIEWS. SO ORDERED. (Signed by Judge Denise L. Cote on 10/16/2013) (gr) (Entered: 10/16/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Attorneys for Plaintiff FHFA dated 10/15/2013 re:...we write to update the Court on the status of the production, identification, and stipulation of Loan Files and Guidelines in the Tranche 3 and 4 Actions, pursuant to the Supplemental Expert Scheduling Order dated 2/27/13... ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 10/16/2013) (gr) (Entered: 10/16/2013)
JOINT STIPULATION AND ORDER REGARDING SCHEDULING OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS' LOSS CAUSATION DEFENSE UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS AND PLAINTIFF'S REPLY TO SAME. Defendants will file their opposition to the Motion no later than 10/28/2103; and Plaintiff will file any reply to Defendant's opposition no later than November 18, 2013. (Signed by Judge Denise L. Cote on 10/15/2013) (gr) (Entered: 10/15/2013)
LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.4.13 re: Single Family Issues. Document filed by Federal Housing Finance Agency.(Chung, Christine) (Entered: 10/05/2013)
LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 10.4.13 re: Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing Finance Agency.(Chung, Christine) (Entered: 10/04/2013)
ORDER granting 693 Letter Motion for Local Rule 37.2 Conference. Accordingly, it is hereby ORDERED that the defendants' October 3 application to depose Gussmann and Kenneweg for one day apiece without losing the opportunity to use a total of 41 deposition days for up to 26 deponents is granted. (Signed by Judge Denise L. Cote on 10/4/2013) (lmb) (Entered: 10/04/2013)
LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.4.2013 re: Defendants' Request for Pre-Motion Conference. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan) (Entered: 10/04/2013)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Denise L. Cote from Penny Shane dated October 3, 2013. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 10/03/2013)
ORDER. In a letter of October 2, 2013, defendants seek clarification of the Court's September 23, 2013 Order regarding depositions. This Order responds to the defendants' request for such "clarification." [See Order]. (Signed by Judge Denise L. Cote on 10/3/2013) (gr) (Entered: 10/03/2013)
LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 10.2.13 re: Deposition Order Clarification. Document filed by Federal Housing Finance Agency.(Oblak, Jonathan) (Entered: 10/02/2013)
LETTER addressed to Judge Denise L. Cote dated October 1, 2013 Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 10/01/2013)
ORDER granting 681 Motion for Scott Grant Stewart to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 10/01/2013)
NOTICE of WITHDRAWAL OF RENEE B. BEA. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Bea, Renee) (Entered: 09/30/2013)
LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated September 30, 2013 re: FHFAs' Response to Defendants' letter dated September 27, 2013. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency.(Chung, Christine) (Entered: 09/30/2013)
NOTICE of of Withdrawal of Jordan T. Razza as Counsel for Defendant Goldman, Sachs & Co.. Document filed by Goldman, Sachs & Co.. (Razza, Jordan) (Entered: 09/30/2013)
ORDER granting 680 Motion for Helgard C. Walker to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 09/30/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Heigi C. Walker dated 9/27/2013 re: I write to respectfully request permission to file an amicus brief on behalf of The Clearing House Association in support of Defendants' Motion for a Protective Order..... ENDORSEMENT: Any amicus brief concerning JP Morgan's motion for a protective order shall be filed by Friday, October 4, 2013. (Signed by Judge Denise L. Cote on 9/30/2013) (gr) (Entered: 09/30/2013)
FIRST MOTION for Scott Grant Stewart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8917200. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Supplement Certificate of Good Standing-DC, # 2 Text of Proposed Order Proposed Order, # 3 Supplement Certificate of Service)(Stewart, Scott) (Entered: 09/27/2013)
FIRST MOTION for Helgard C. Walker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8917179. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Clearing House Association L.L.C.. (Attachments: # 1 Supplement Certificate of Good Standing-DC, # 2 Text of Proposed Order Proposed Order, # 3 Supplement Certificate of Service)(Walker, Helgard) (Entered: 09/27/2013)
DECLARATION of JORDAN A. GOLDSTEIN in Support re: 676 MOTION for Partial Summary Judgment.. Document filed by Federal Housing Finance Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Goldstein, Jordan) (Entered: 09/27/2013)
MEMORANDUM OF LAW in Support re: 676 MOTION for Partial Summary Judgment. PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS LOSS CAUSATION DEFENSE UNDER THE VIRGINIA AND D.C. BLUE SKY LAWS. Document filed by Federal Housing Finance Agency. (Goldstein, Jordan) (Entered: 09/27/2013)
LETTER addressed to Judge Denise L. Cote from Christine H. Chung dated 9/25/2013 re: FHFA Actions. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Goldstein, Jordan) (Entered: 09/25/2013)
ORDER granting 667 Motion for Mary Kathryn Nagle to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 09/25/2013)
ORDER. In letters of September 20 and 24, FHFA and HSBC, respectively, address two requests by FHFA for a further production of documents by HSBC. Guidance on these disputes is provided...(See Order) (Signed by Judge Denise L. Cote on 9/25/2013) (gr) (Entered: 09/25/2013)
STIPULATION AND ORDER CONCERNING ADJUSTMENTS TO EXPERT DISCOVERY SCHEDULE. It is Now Stipulated and Agreed By the Parties That: The fact and expert discovery schedules in FHFA v.JP Morgan Chase & Co., 11 Civ. 6188 (DLC), FHFA v. Merrill Lynch & Co., Inc., 11 Civ. 6202 (DLC), and FHFA v. Bank of America Corp., 11 Civ. 6195 (DLC) shall be modified by the dates set forth in Exhibit 1. (See Exhibit 1) (Signed by Judge Denise L. Cote on 9/25/2013) (gr) (Entered: 09/25/2013)
MEMORANDUM OPINION & ORDER. Before the Court is defendants' July 12, 2013 motion for reconsideration of the Court's June 28 Opinion and Order regarding legal standards applicable to the scope of discovery in these cases. For the following reasons, the motion for reconsideration is denied....(See Memorandum Opinion & Order) (Signed by Judge Denise L. Cote on 9/25/2013) (gr) (Entered: 09/25/2013)
LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9.24.13 re: Pretrial Schedule Adjustments. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Exhibit 1)(Sheth, Manisha) (Entered: 09/24/2013)
REPLY MEMORANDUM OF LAW in Support re: 647 MOTION to Compel Production of Documents.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/24/2013)
MEMO ENDORSEMENT on NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT KATHRYN GARNIEWSKI AND ORDER: TO THE CLERK OF THE COURT AND ALL COUNSEL AND PARTIES OF RECORD: PLEASE TAKE NOTICE THAT Defendant Kathryn Garniewski substitutes her counsel of record in this case. Former Counsel Sullivan & Cromwell LLP, 125 Broad Street, New York, New York 10004, Telephone: 212.558.4000, including Penny Shane, Sharon L. Nelles and Jonathan M. Sedlak. New CounselDefendant Kathryn Garniewski's new counsel in this action, on whom all notices and papers should be served, is the firm of Brune & Richard LLP, One Battery Park Plaza, New York, New York 10004, Telephone: 212.668.1900, including Theresa Trzaskoma and David Elbaum. (Signed by Judge Denise L. Cote on 9/24/2013) (djc) (Entered: 09/24/2013)
MOTION for Mary Kathryn Nagle to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency. (Attachments: # 1 Text of Proposed Order Order Granting Admission Pro Hac Vice, # 2 Certificate of Service, # 3 NY - Certificate of Good Standing)(Enright, Anthony) (Entered: 09/24/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mary Kathryn Nagle to Appear Pro Hac Vice MOTION FOR ADMISSION PRO HAC VICE OF MARY KATHRYN NAGLE AND [PROPOSED] ORDER. Filing fee $ 200.00, receipt number 0208-8899428. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency. (Attachments: # 1 Certificate of Service, # 2 NY - Certificate of Good Standing)(Enright, Anthony) Modified on 9/24/2013 (wb). (Entered: 09/23/2013)
ORDER...that the defendants may take up to twenty-five "consensus" depositions so long as the total number of deposition days does not exceed 40. IT IS FURTHER ORDERED that the requests of the fraud defendants and First Horizon to take additional deposition is denied with the following exception: First Horizon may identify one additional Freddie Mac trader whom the defendants may depose for one day... (Signed by Judge Denise L. Cote on 9/23/2013) (gr) (Entered: 09/23/2013)
ORDER. In a letter of 9/10/13, the defendants in these actions requested that document discovery be reopened in order to require FHFA to add three document custodians in connection with Fannie Mae's use of an automated valuation model or AVM. For the following reasons, this application is denied (See Order) (Signed by Judge Denise L. Cote on 9/23/2013) (gr) (Entered: 09/23/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 9/11/2013 re: We write on behalf of J.P. Morgan Chase & Co. and its affiliated entity defendants (Collectively "JPMorgan") regarding FHFA's repeated failure to adhere to the expert deadlines set by this Court and to seek relief for the resulting prejudice to JPMorgan. ENDORSEMENT: With the consent of FHFA, the deadlines for serving rebuttal expert reunderwriting reports is extended to 1/30/14. (Signed by Judge Denise L. Cote on 9/23/2013) (gr) (Entered: 09/23/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 9/20/2013 re: We respectfully request a two-day extension of the deadline to submit a reply brief in support of the Motion, until Wednesday, September 25, 2013. FHFA does not oppose the request for additional time. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/23/2013) (gr) (Entered: 09/23/2013)
LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9.20.13 re: Expert Disclosures. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Sheth, Manisha) (Entered: 09/20/2013)
LETTER addressed to Judge Denise L. Cote from Penny Shane dated September 20, 2013 re: Extension of the Deadline to Submit a Reply Brief in Support of Defendants' Motion for a Protective Order. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 09/20/2013)
LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.18.2013 re: Parties' Joint Update to the Court regarding Deposition Limits. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Oblak, Jonathan) (Entered: 09/18/2013)
LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9/18/2013 re: Parties Joint Update to the court Court regarding Deposition Limits. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Oblak, Jonathan) (Entered: 09/18/2013)
LETTER RESPONSE in Opposition to Motion addressed to Judge Denise L. Cote from Jon Corey dated 9/17/2013 re: 644 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Penny Shane dated September 10, 2013.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency. (Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2 - Redacted, # 3 Exhibit 3, # 4 Exhibit 4 - Redacted)(Goldstein, Jordan) (Entered: 09/17/2013)
LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 9/16/2013 re: Response to JPMorgans September 11, 2013 Letter. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency.(Selendy, Philippe) (Entered: 09/16/2013)
STIPULATION AND ORDER OF DISMISSAL REGARDING DISMISSAL OF DEFENDANT STEPHEN LOBO without prejudice... without costs. (So Ordered by Judge Denise L. Cote on 9/16/2013) (gr) (Entered: 09/16/2013)
NOTICE OF APPEARANCE by David Harrison McGill on behalf of FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (McGill, David) (Entered: 09/16/2013)
ORDER: In two letters of September 9, the defendants make several requests regarding the deposition limit in these actions. First, all defendants request (1) that they be permitted to "use their remaining deposition days" flexibly, deposing individuals for either one day or two days, at the defendants' option, and (2) that they be afforded an additional ten deposition days. Second, the defendants in seven of these cases request the opportunity to take the depositions of ten more witnesses for their cases. The defendants do not indicate whether these two letters represent their final requests for additional depositions of FHFA. It is hereby ORDERED that the parties shall meet and confer to determine whether both FHFA and the defendants agree that all parties may use their remaining deposition days "flexibly," so each day may be used for a single deposition. IT IS FURTHER ORDERED that the defendants shall indicate whether the requests made in the two September 9 letters are their final requests for additional depositions of FHFA. IT IS FURTHER ORDERED that the parties shall provide updates regarding these issues by September 18, 2013. (Signed by Judge Denise L. Cote on 9/13/2013) (lmb) (Entered: 09/13/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9/11/2013 re: In sum, FHFA's appraisal standards report is not covered by the text or spirit of the ESO because it does not related to underwriting guidelines, but rather focuses on the very type of industry practice excluded from the interim findings process. Furthermore, it is an important part of the evidence that FHFA will present at trial. For these reasons, Defendants' letter application seeking to preclude FHFA from serving such report should be denied outright. ENDORSEMENT: To the extent FHFA is evaluating the appraisals vis-a-vis industry standards, that is not a violation of the ESO. (Signed by Judge Denise L. Cote on 9/13/2013) (gr) (Entered: 09/13/2013)
LETTER addressed to Judge Denise L. Cote from Jonathan B. Oblak dated 9.12.13 re: DEFENDANTS' REQUESTS FOR ADDITIONAL DEPOSITIONS. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Oblak, Jonathan) (Entered: 09/12/2013)
LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9/11/2013 re: Appraisal Standards Report. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency.(Sheth, Manisha) (Entered: 09/11/2013)
DECLARATION of Andrew T. Frankel in Support re: 647 MOTION to Compel Production of Documents.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Shane, Penny) (Entered: 09/11/2013)
MEMORANDUM OF LAW in Support re: 647 MOTION to Compel Production of Documents.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/11/2013)
MOTION to Compel Production of Documents. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 09/11/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine Chung, Manisha Sheth, Erice Bruce and Kanchana Wangkeo Leung dated 9/9/2013 re: FHFA concurs in Defendants' proposed redactions of the entirety of Exhibit H, as well as footnote 17 on page 15 of their Memorandum of Law. FHFA does not believe any additional redactions are necessary related to Defendants' recent filing. ENDORSEMENT: The redactions are approved. [Counsel to file the approved redations.] (Signed by Judge Denise L. Cote on 9/11/2013) (gr) (Entered: 09/11/2013)
LETTER MOTION for Conference addressed to Judge Denise L. Cote from Penny Shane dated September 10, 2013. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Appendix I, # 2 Appendix II, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Shane, Penny) (Entered: 09/10/2013)
JOINDER to join re: 585 MOTION to Sever. Underwriter Defendants' Joinder in Motion for Severance of JP Morgan Chase & Co. and Affiliated Defendants. Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.).(Rice, Thomas) (Entered: 09/10/2013)
LETTER MOTION for Conference addressed to Judge Denise L. Cote from Penny Shane dated September 9, 2013. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Shane, Penny) (Entered: 09/09/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MEMORANDUM OF LAW in Support re: 585 MOTION to Sever. Underwriter Defendants' Joinder in Motion for Severance of JP Morgan Chase & Co. and Affiliated Defendants. Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.). (Rice, Thomas) Modified on 9/10/2013 (ldi). (Entered: 09/09/2013)
MEMORANDUM OF LAW in Opposition re: 585 MOTION to Sever.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Selendy, Philippe) (Entered: 09/09/2013)
LETTER addressed to Judge Denise L. Cote from Eric Bruce dated 09/09/2013 re: Defendants' Proposed Redactions for Motion to Compel. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Bruce, Eric) (Entered: 09/09/2013)
DECLARATION of Penny Shane in Support re: 585 MOTION to Sever.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shane, Penny) (Entered: 09/09/2013)
REPLY MEMORANDUM OF LAW in Support re: 585 MOTION to Sever.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/09/2013)
DECLARATION of Penny Shane in Support re: 585 MOTION to Sever.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Shane, Penny) (Entered: 09/09/2013)
MEMORANDUM OF LAW in Support re: 585 MOTION to Sever.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/09/2013)
REPLY MEMORANDUM OF LAW in Support re: 597 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, David M. Duzyk, Stephen Fortunato, Katherine Garniewski, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Edwin F. McMichael, Diane Novak, Louis Schioppo, Jr, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 09/06/2013)
ORDER. On 9/3/13, the parties each provided submissions regarding the discoverability of certain categories of documents that have been referred to broadly as "fraud reports." It is hereby ORDERED that nay responsive submissions by either party shall be filed by 9/17/13. Any reply submissions shall be filed by 9/23/13. (Signed by Judge Denise L. Cote on 9/5/2013) (gr) (Entered: 09/05/2013)
631
Filed: 9/5/2013, Entered: None
LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 9/5/2013 re: Redactions to Defendants' Reply Memorandum of Law in Support of its Motion for Severance. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(Sheth, Manisha) (Entered: 09/05/2013)
630
Filed: 9/4/2013, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 09/05/2013)
ORDER. On September 3, 2013, the Southern District of New York began allowing attorneys to file letters to the court electronically via ECF. This change is reflected in the current, newly revised version of this Courts individual practices in civil cases. Due to the volume of proposed redactions to letters in the above captioned actions, however, the individual practices are modified as follows. It is hereby ORDERED that the parties in the above-captioned actions shall file letters to the Court via ECF, with the following exception. Should a party wish to redact portions of a letter or file its accompanying exhibits under seal, the party may file the letter and any exhibits for which the party requests sealing in redacted form on ECF and simultaneously provide to Chambers via email an unredacted copy of the letter and all the supporting exhibits. Where the exhibits exceed ten pages, the parties must follow the procedure in the individual practices and submit hard copies to Chambers. Any emailed letter should indicate that a redacted version of the letter has been filed via ECF. (Signed by Judge Denise L. Cote on 9/4/2013) (gr) (Entered: 09/04/2013)
LETTER addressed to Judge Denise L. Cote from Jon Corey dated 9/3/2013 re: FHFA Response to Defendants' 8/23/13 letter. Document filed by Federal Housing Finance Agency.(Goldstein, Jordan) (Entered: 09/03/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 8/30/2013 re: while Defendants do not believe redactions to Defendants' Reply Memorandum of Law in Support of its Motion for Severance and the accompanying Declaration of Penny Shane, dated August 30, and exhibits are required, this letter serves to provide Plaintiff FHFA with the opportunity to redact portions of Defendant's Reply Memorandum and supporting documentation prior to filing. ENDORSEMENT: Any requests to redact by FHFA are due 9/6/13. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Entered: 09/03/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 8/6/2013 re: Defendant JPMorgan Chase & Co. and affiliated defendants request that Exhibits A, B, C and D be redacted in their entirety prior to filing. ENDORSEMENT: The redactions are approved. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Entered: 09/03/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Manisha M. Sheth dated 8/23/2013 re: Pursuant to Section 4.A of Your Honor's Individual Practices in Civil Cases, we request that (i) Exhibits 3, 4, and 6 be filed under seal and (ii) page 6 and footnote 13 to Plaintiff's Memorandum of Law be partially redacted. ENDORSEMENT: Redaction requests are granted. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Entered: 09/03/2013)
624
Filed: 9/3/2013, Entered: None
ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew T. Frankel dated 8/27/2013 re: Defendants and FHFA have agreed to the following briefing schedule for such a motion: Defendants' motion due: August 30, 2013. FHFA's opposition due: September 17, 2013. Defendants' reply due: September 24, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/3/2013) (gr) (Main Document 624 replaced on 9/3/2013) (mt). (Entered: 09/03/2013)
DECLARATION of JORDAN A. GOLDSTEIN in Opposition re: 598 Memorandum of Law in Support of Motion,, 599 Declaration in Support of Motion,, 597 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Goldstein, Jordan) (Entered: 08/30/2013)
MEMORANDUM OF LAW in Opposition re: 598 Memorandum of Law in Support of Motion,, 599 Declaration in Support of Motion,, 597 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency. (Goldstein, Jordan) (Entered: 08/30/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 8/22/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 08/28/2013)
TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 8/22/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/2/2013.(Rodriguez, Somari) (Entered: 08/28/2013)
ENDORSED LETTER addressed to Judge Cote from Manisha M. Sheth dated 8/26/2013 re: FHFA respectfully requests that the COurt direct JPMorgan to submit to the Court, by noon tomorrow, the single document that was cited by FHFA during the August 22 telephone conference....and subsequently clawed by by JPMorgan so that the Court can resolve the threshold issue of whether this document is protected from disclosure by federal law and related regulations. ENDORSEMENT: FHFA may provide to the Court this LRS ('473) and others from the set of 75 that it would like the Court to review despite the clawback request. (Signed by Judge Denise L. Cote on 8/27/2013) (gr) (Entered: 08/27/2013)
LETTER addressed to Judge Cote from Manisha M. Sheth dated 8/26/2013 re: We write on behalf of FHFA to oppose JPMorgan's August 23 letter application requesting 26 days to submit a limited number of documents to the Court to assist it in resolving FHFA's application to compel production of Fraud Reports. (gr) (Entered: 08/26/2013)
ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 8/26/2013....We are mindful that Your Honor requested that FHFA set foth the reasons why it believes particular documents are not protected, and to provide example of such documents for Your Honor's review. To the extent any documents identified by FHFA are protected from discloures, JPMorgan, is of course, willing to submit them to Your Honor for in camera review. However, allowing JPMorgan the opportunity to first review those documents may narrow the set of documents or types of documents in dispute and will allow for protection of any inadvertently produced information. We request that Your Honor endorse this letter to confirm this approach. ENDORSEMENT: Please determine whether FHFA has rejected your request. If there is a dispute, the Court will address it. (Signed by Judge Denise L. Cote on 8/26/2013) (gr) (Entered: 08/26/2013)
ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 8/23/2013 re: I write on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. and their related entity defendants in this action (collectively, "JPMorgan"). Since the conference before the Court on August 22, 2013, my colleagues and I have begun coordinating with JPMorgan to locate and select documents for in camera review in accordance with the Court's instructions. Following our preliminary conversations on this topic, it is now clear that additional time (beyond the September 3 date that I requested at the conference) will be required to accomplish this task. ENDORSEMENT: Denied. As described in the 8/26/13 letter from Ms. Sheth, the production of documents for in camera review is limited. To reduce any burden, JPMorgan should produce the referred, LRS and for 2 examples, the SAR; it need not produce the investigative file for the "sample sets". (Signed by Judge Denise L. Cote on 8/26/2013) (gr) (Entered: 08/26/2013)
ORDER REGARDING THE PRETRIAL SCHEDULE. The parties shall continue to meet and confer regarding a summary judgment schedule and may request a modification of the summary judgment schedule by September 6, 2013. (Signed by Judge Denise L. Cote on 8/23/2013) (gr) (Entered: 08/23/2013)
LETTER addressed to Judge Cote from Sharon Nelles dated 8/23/2013 re: We write on behalf of JPMorgan Chase & Co. ("JPMorgan") and its affiliated defendants in response to FHFA's proposal that the Court impose a dramatically modified pretrial schedule on JPMorgan to resolve FHFA's inability to meet this Court's expert discovery deadlinse. (gr) (Entered: 08/23/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/14/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 08/22/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/14/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2013. Redacted Transcript Deadline set for 9/26/2013. Release of Transcript Restriction set for 11/25/2013.(Rodriguez, Somari) (Entered: 08/22/2013)
ENDORSED LETTER addressed to Judge Cote from Manisha M. Sheth dated 8/22/2013 re: the parties have been unable to reach a consensus on a proposed schedule....Accordingly, FHFA respectfully requests that the Court adjourn the current August 23, 2013 deadline for the submission of FHFA's re-underwriting expert report and enter the enclosed [Proposed] Order regarding the pretrial schedule in the JP Morgan action. ENDORSEMENT: Any counter-proposal by JP Morgan shall be submitted by 8/23/13 at noon. (Signed by Judge Denise L. Cote on 8/22/2013) (gr) (Entered: 08/22/2013)
ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Michael A. Hanin dated 8/20/2013 re: FHFA respectfully requests that its due date for disclosing its rebuttal set be extended, from August 26, 2013, the date set in the Court's June 19 Order, to September 9, 2013. RBSSI has consented to this request for a two-week extension. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/21/2013) (gr) (Entered: 08/21/2013)
NOTICE OF APPEARANCE by Anthony Joseph Enright on behalf of FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Enright, Anthony) (Entered: 08/19/2013)
MEMORANDUM OF LAW in Opposition re: 603 MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Selendy, Philippe) (Entered: 08/16/2013)
DECLARATION of Penny Shane in Support re: 603 MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Shane, Penny) (Entered: 08/16/2013)
REPLY MEMORANDUM OF LAW in Support re: 603 MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm. (Shane, Penny) (Entered: 08/16/2013)
MEMORANDUM OF LAW in Support re: 603 MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 08/16/2013)
MOTION for Reconsideration re; 514 Memorandum & Opinion,,,,,. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 08/16/2013)
LETTER addressed to Judge Cote from Sharon Nelles dated 8/15/2013 re: I write on behalf of JPMorgan Chase & Co. and its affiliated defendants to address the question posed by Your Honor yesterday concerning JPMorgan's motion to sever and try separately the claims in this Action pertaining to the separate and distinct securitizations of the JPMorgan, Bear Stearns and Washington Mutual institutional defendant groups. Document filed by J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A..(gr) (Entered: 08/16/2013)
ENDORSED LETTER addressed to Judge Cote from Manisha M. Sheth dated 8/15/2013 re: Pursuant to Your Honor's request at yesterday's status conference, we write on behalf of FHFA to provide the Court with a copy of the brief filed by the Office of the Comptroller of the Currency ("OCC") as amicus curiae in Union Bank of California v. Superior Court, No A107553 (Cal. Ct. App. Sep. 3, 2004). ENDORSEMENT: The parties shall meet and confer and advise this Court by Tuesday, August 20, whether it is necessary for the Court to review the Chase procedures that produced the documents and samples of the documents. The Court is available to do so on Wednesday, August 21 and during the morning of Thursday, August 22. (Signed by Judge Denise L. Cote on 8/16/2013) (gr) (Entered: 08/16/2013)
ORDER re: (447 in 1:11-cv-06192-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Evelyn Echevarria, Juliana C. Johnson, Douglas K. Johnson, (484 in 1:11-cv-06195-DLC) MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment on The Pleadings. filed by Daniel B. Goodwin, Antoine Schetritt, Adam D. Glassner, William L. Maxwell, George E. Ellison, Mark I. Ryan, Juliaana Johnson, Michael J. Kula, Robert Caruso, George C. Carp, (456 in 1:11-cv-06189-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Neal Leonard, Todd White, Gerard Mattia, John Voigtman, (484 in 1:11-cv-06203-DLC) MOTION for Judgment on the Pleadings - Section 11 Individual Defendants' Notice of Motion for Partial Judgment on the Pleadings. filed by Abner Figueroa, Arnaud Denis, Tony Tusi, Orlando Figueroa, (465 in 1:11-cv-06198-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Mark Weiss, Daniel L. Sparks, Kevin Gasvoda, David J. Rosenblum, Jonathan S. Sobel, Michelle Gill, (597 in 1:11-cv-06188-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Donald Wilhelm, Thomas G. Lehmann, Stephen Fortunato, Brian Bernard, Diane Novak, Suzanne Krahling, David H. Zielke, David M. Duzyk, William A. King, Christine E. Cole, David Beck, Louis Schioppo, Jr., Edwin F. McMichael, Katherine Garniewski, Thomas W. Casey, Joseph T. Jurkowski, Jr., Rolland Jurgens, Richard Careaga, Larry Breitbarth, (449 in 1:11-cv-06201-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by John P. Graham, Nathan Gorin, N. Dante Larocca, John McCarthy, David Findlay, (443 in 1:11-cv-06200-DLC) MOTION for Judgment on the Pleadings -- Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Michael A. Marriott, Joseph M. Donovan, Carlos Onis, Andrew A. Kimura, Evelyn Echevarria, Jeffrey A. Altabef, Thomas Zingalli, Greg Richter, Juliana Johnson, (468 in 1:11-cv-06202-DLC) MOTION for Judgment on the Pleadings --Section 11 Individual Defendants' Motion For Partial Judgment On The Pleadings. filed by Donald J. Puglisi, Donald C. Han, Brian T. Sullivan, Paul Park, Michael M. McGovern, Matthew Whalen, (437 in 1:11-cv-06190-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Paul Menefee, John Carroll, Michael Wade, (502 in 1:11-cv-06739-DLC) MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. filed by Howard Hubler, David R. Warren, Steven S. Stern, Gail P. McDonnell On August 13, 2013, certain individual defendants in the above captioned cases filed a motion for partial judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ.P. It is hereby ORDERED that any opposition by plaintiff shall be served by August 30, 2013. Any reply shall be served by September 6,2013. (Signed by Judge Denise L. Cote on 8/14/2013) (djc) (Entered: 08/14/2013)
DECLARATION of Bradley A. Harsch in Support re: 597 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, David M. Duzyk, Stephen Fortunato, Katherine Garniewski, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Edwin F. McMichael, Diane Novak, Louis Schioppo, Jr, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shane, Penny) (Entered: 08/13/2013)
MEMORANDUM OF LAW in Support re: 597 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document filed by David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, David M. Duzyk, Stephen Fortunato, Katherine Garniewski, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Edwin F. McMichael, Diane Novak, Louis Schioppo, Jr, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Appendix A)(Shane, Penny) (Entered: 08/13/2013)
MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings. Document filed by David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, David M. Duzyk, Stephen Fortunato, Katherine Garniewski, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Edwin F. McMichael, Diane Novak, Louis Schioppo, Jr, Donald Wilhelm, David H. Zielke. Responses due by 8/27/2013(Shane, Penny) (Entered: 08/13/2013)
ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 8/5/2013 re: I write on behalf of the JPMorgan Defendants in the above-referenced actions in response to Plaintiff FHFA's August 1, 2013 letter requesting permission "to presumptively reopen for 3.5 hours the deposition of any JPMorgan witness for whom JPMorgan produces after July 17, 2013 any primary liability Witness Documents that are de-designated from a privilege log" or "whose name appears on a privilege log produced after July 17, 2013 and whose deposition was not completed before that date." There is no basis for this relief. ENDORSEMENT: When the parties are not going to meet deadlines, they should meet and confer in advance of the date to determine whether the adversary will consent to an adjournment and to raise any issue with the Court in advance of the deadline. FHFA shall advise JPMorgan promptly if any log produced after July 26 has prejudiced it. (Signed by Judge Denise L. Cote on 8/12/2013) (gr) (Entered: 08/12/2013)
OPINION AND ORDER: The Court concludes that ResCap is not suffering immediate adverse economic consequences as a result of the Ally action and that Section 362(a)s automatic stay does not apply to the Ally action. SO ORDERED. (Signed by Judge Denise L. Cote on 8/12/2013) (ama) (Entered: 08/12/2013)
ORDER: In a letter of August 9, FHFA requested that portions of exhibit S to defendants' opening memorandum and exhibit E to defendants' reply memorandum be filed under seal. It is hereby ORDERED that the request to file portions of these exhibits under seal is granted. The parties shall file the briefing on defendant's motion for reconsideration with these two exhibits redacted by August 16, 2013. (Signed by Judge Denise L. Cote on 8/12/2013) (ama) (Entered: 08/12/2013)
ORDER. In an Order of July 2, 2013, the Court directed Williams & Connolly to take various steps in connection with its asserted improper contact with represented witnesses, including providing to the Court on an ex parte basis a list of all witnesses represented by counsel for FHFA with whom Williams & Connolly has had ex parte contact. This information was provided in an exhibit accompanying a letter of July 8. In a letter of July 2, FHFA requested access to four categories of information in connection with this issue. It is hereby ORDERED that Williams & COnnolly shall by August 13, 2013 disclose to FHFA exhibit A to its letter of July 8, which was previously provided to the Court ex parte. (Signed by Judge Denise L. Cote on 8/9/2013) (gr) (Entered: 08/09/2013)
MEMORANDUM OF LAW in Support re: 585 MOTION to Sever. The Bear Stearns Individual Defendants' Memorandum of Law in Support of the Defendants' Motion for Severance. Document filed by Thomas F. Marano, Michael B. Nierenberg. (Haims, Joel) (Entered: 08/08/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINDER to join re: 585 MOTION to Sever. The Bear Stearns Individual Defendants' Memorandum of Law in Support of the Defendants' Motion for Severance. Document filed by Thomas F. Marano, Michael B. Nierenberg.(Haims, Joel) Modified on 8/8/2013 (ka). (Entered: 08/07/2013)
NOTICE of Joinder in the Defendants' Motion for Severance re: 585 MOTION to Sever.. Document filed by Thomas F. Marano, Michael B. Nierenberg. (Haims, Joel) (Entered: 08/07/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 8/2/2013 re: Defendants do not propose to redact any portions of the aforementioned documents. However, this letter serves to provide Plaintiff FHFA with the opportunity to redact portions of Defendants' Reply Memorandum and supporting documentation prior to filing. ENDORSEMENT: Any request for redactions by FHFA shall be submitted by August 9, 2013. (Signed by Judge Denise L. Cote on 8/6/2013) (tn) (Entered: 08/07/2013)
ORDER: that a conference will be held on August 14, 2013 at 2:30 p.m. in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/6/2013) (tn) (Entered: 08/07/2013)
ORDER. On 8/6/2013, defendants served a motion for severance. It is hereby ORDERED that plaintiff's opposition shall be served by 8/23/13. IT IS FURTHER ORDERED that defendants' reply be served by 8/30/13. (Signed by Judge Denise L. Cote on 8/7/2013) (gr) (Entered: 08/07/2013)
JOINDER to join re: 585 MOTION to Sever. Notice of Joinder and Joinder in Defendant's Motion for Severance. Document filed by Keith Johnson, John F. Robinson.(Holloway, Jessica) (Entered: 08/06/2013)
MOTION to Sever. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 08/06/2013)
ORDER: On July 12, 2013, the Court received from defendant First Horizon a request to take two depositions of GSE witnesses beyond the twenty depositions allotted to defendants and to add an additional document custodian. FHFA opposed this request in a letter of July 18. It is hereby ORDERED that the requests in First Horizon's July 12 letter are denied without prejudice to renewal. IT IS FURTHER ORDERED that defendants may jointly present any renewed request for additional depositions at such time as they are able to determine the total number of additional depositions that will be requested, rather than presenting such requests ad seriatim. (Signed by Judge Denise L. Cote on 7/31/2013) (mro) (Entered: 08/05/2013)
DECLARATION of Penny Shane in Support re: 539 Reply Memorandum of Law,,,,. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Shane, Penny) (Entered: 08/02/2013)
ORDER: Pursuant to a stipulation of April 3, 2013, the FHFA's re-underwriting expert report for the JPMorgan action, No. 11 Civ. 6188 (DLC), is due August 23, 2013. In letters of July 29 and August 1, the FHFA and JPMorgan, respectively, address the schedule for that report, any rebuttal report, and for summary judgment practice. It is hereby ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for the JPMorgan action (1) the number of securitizations associated with Bear Stearns, WaMu, and the remainder of the JPMorgan action; (2) the number of such securitizations for which a re-underwriting expert report can be produced by August 23, 2013; and (3) the date(s) by which any supplemental re-underwriting expert report may be produced for the remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh) (Entered: 08/01/2013)
ORDER: Pursuant to an Order of February 27, 2013 1 the FHFA's re-underwriting expert report for Tranche 3 and 4 cases is due October 11, 2013. In letters of July 29 and July 31, the FHFA and defendants in the Tranche 3 and 4 cases, respectively, address the schedule for that report, any rebuttal report, and for summary judgment practice. It is hereby ORDERED that the FHFA shall by August 5, 2013, submit a report that identifies for each Tranche 3 and 4 case (1) the number of securitizations, (2) the number of securitizations for which a re-underwriting expert report can be produced by October 11, 2013, and (3) the date(s) by which any supplemental re-underwriting expert report may be produced for the remaining securitizations. (Signed by Judge Denise L. Cote on 8/1/2013) (rsh) (Entered: 08/01/2013)
NOTICE OF APPEARANCE by Steven William Perlstein on behalf of FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Perlstein, Steven) (Entered: 08/01/2013)
ORDER: It is hereby ORDERED that the requests to file these exhibits under seal are granted. The parties shall file the exhibits to their knowledge briefing with these three exhibits redacted by 8/5/2013. (Signed by Judge Denise L. Cote on 7/31/2013) (tro) (Entered: 07/31/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, and Michael A. Hanin dated 7/15/2013 re: Counsel for plaintiff write to update the Court on the status of the production and identification of loan files in the Tranche 2, 3 and 4 Actions. Accordingly, FHFA and the HSBC Defendants jointly request an extension from 7/15/2013 until 7/19/2013 to complete the process of identifying and stipulating to Loan Files and Guideline documents for those Securitizations. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/30/2013) (tro) (Entered: 07/31/2013)
SUPPLEMENTAL PROTECTIVE ORDER GOVERNING POTENTIALLY PRIVILEGED INFORMATION PRODUCED BY NON-PARTIES FDIC-RECEIVER AND ONEWEST BANK...regarding procedures to be followed that shall govern the handling of confidential material...So ordered. (Signed by Judge Denise L. Cote on 7/30/2013) (tro) (Entered: 07/31/2013)
LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 6/13/13 re: FHFA's 6/11 letter re GSE impairment/valuation calculations. (abl) (Entered: 07/24/2013)
LETTER addressed to Judge Cote from FHFA dated 6/11/13 re: UBS's 6/7 request for current GSE valuations of the certificates. (Attachments: # 1 Exhibit)(abl) (Entered: 07/24/2013)
NOTICE OF APPEARANCE by William Henry Wagener on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Wagener, William) (Entered: 07/22/2013)
NOTICE OF APPEARANCE by Qian Allison Gao on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Gao, Qian) (Entered: 07/19/2013)
NOTICE OF APPEARANCE by Adam Rhys Brebner on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Brebner, Adam) (Entered: 07/19/2013)
NOTICE OF APPEARANCE by Robert Andrew Sacks on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Sacks, Robert) (Entered: 07/18/2013)
NOTICE OF APPEARANCE by Steven Lyon Holley on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Holley, Steven) (Entered: 07/18/2013)
LETTER addressed to Judge Cote from Defendants (Steven M. Cady) dated 5/30/13 re: Second update on status of Ocwen loan file production. (abl) (Entered: 07/18/2013)
LETTER addressed to Judge Cote from FHFA dated 5/30/13 re: Supplementation of FHFA's samples in the Tranche 3 and 4 actions. (abl) (Entered: 07/18/2013)
LETTER addressed to Judge Cote from Defendants Bank of America and Merrill Lynch (Edward J. Bennett) dated 5/30/13 re: Recent GSE impairment/valuation calculations. (abl) (Entered: 07/18/2013)
ORDER: On July 12, 2013, defendants filed a motion for reconsideration of the Court's June 28 Opinion and Order regarding knowledge and other legal standards as they apply to discovery in these cases. It is hereby ORDERED that plaintiff shall file its opposition by July 26, 2013. IT IS FURTHER ORDERED that any reply by defendants shall be filed by August 2, 2013. (Responses due by 7/26/2013, Replies due by 8/2/2013.) (Signed by Judge Judge Paul A. Crotty, Part I. for Denise Cote on 7/17/2013) (rsh). (Entered: 07/17/2013)
LETTER addressed to Judge Cote from Defendants (Edward J. Bennett) dated 5/24/13 re: Request to submit an ex parte application for additional depositions. (abl) (Entered: 07/17/2013)
LETTER addressed to Judge Cote from UBS defendants dated 5/22/13 re: request to adjust certain deadlines. (Attachments: # 1 Text of Proposed Order) (abl) (Entered: 07/17/2013)
SUPPLEMENTAL MEMORANDUM OF LAW re: 538 Memorandum of Law,,,, Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Standards. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 07/16/2013)
REPLY MEMORANDUM OF LAW re: 538 Memorandum of Law,,,, Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Standards. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 07/16/2013)
MEMORANDUM OF LAW Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Standards. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) (Entered: 07/16/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL RESPONSE re: 535 Brief Memorandum in Response to FHFA's Sur-Reply. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) Modified on 7/16/2013 (ka). (Entered: 07/15/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY re: 535 Brief,,,, Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke. (Shane, Penny) Modified on 7/16/2013 (ka). (Entered: 07/15/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Memorandum of Law Regarding Applicable Legal Standards And The Appropriate Standards For Discovery In Light Of The Applicable Legal Standards. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) Modified on 7/16/2013 (ka). (Entered: 07/15/2013)
ORDER: In Orders of July 2 and 10, 2013, the Court directed the parties to indicate by 10:00 a.m. on July 12 whether any of the material in their briefing on knowledge and other legal standards required redaction from the public record despite the presumption of access that attaches to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). On July 12, the parties indicated in separate letters that they did not view any of the material in the briefs as requiring redaction. It is hereby ORDERED that the parties shall file their briefing in unredacted form by July 15, 2013. IT IS FURTHER ORDERED that the parties shall advise the Court by July 26, 2013, whether in their view any material in the exhibits accompanying the briefs meets the standard described in the Court's Order of July 2 and therefore requires redaction. (Brief due by 7/15/2013.) (Signed by Judge Denise L. Cote on 7/12/2013) (rsh) Modified on 7/16/2013 (rsh). (Entered: 07/15/2013)
SCHEDULING ORDER: Trials in FHFA v. Credit Suisse Holdings (USA), Inc., et al., 11 Civ. 6200 (DLC); FHFA v. Deutsche Bank AG, et al., 11 Civ. 6192 (DLC); and FHFA v. Goldman, Sachs & Co., et al., 11 Civ. 6198 (DLC) (the "Tranche 3" cases) are scheduled to begin on September 29, 2014. It is hereby ORDERED that if any of these trials do not occur because of settlement, or are conducted earlier due to a settlement in another one of these actions, one of these three Tranche 4 cases will be tried in its place: FHFA v. Morgan Stanley, et al., 11 Civ. 6739 (DLC); FHFA v. HSBC North America Holdings, Inc., et al., 11 Civ. 6189 (DLC); or FHFA v. Ally Financial Inc., et al., 11 Civ. 7010 (DLC). Ready for Trial by 9/29/2014. (Signed by Judge Denise L. Cote on 7/12/2013) (rsh) (Entered: 07/15/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett re: I write in response to FHFA's letter to the Court of July 5, 2013 (the "FHFA Letter"), and in furtherance of Defendants' request for a pre-motion conference concerning FHFA's refusal to produce documents directly relevant to the Mortgage Loans that served as collateral for the Securities at issue in these matters (the "Mortgage Loans"). ENDORSEMENT: This application is denied. The defendants may renew a request if their review of the sample loan files provides a basis for a renewal request. (Signed by Judge Denise L. Cote on 7/10/2013) (lmb) (Entered: 07/10/2013)
ORDER. On July 12, 2013, the Court issued an Order directing the parties to submit renewed, targeted requests for redactions to their briefing regarding knowledge and other legal standards by July 8. In a memo endorsement of July 8, the Court granted the parties' extension of this deadline to July 12. It is hereby ORDERED that the parties shall provide the submissions required by the July 2 Order by 10:00 AM on July 12, 2013. (Signed by Judge Denise L. Cote on 7/10/2013) (gr) (Entered: 07/10/2013)
ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 7/8/2013 re: FHFA respectfully requests a short extension of time to respond to the Court's July 2, 2013 Order, such that the parties' responses would be due on Friday, July 12, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/8/2013) (gr) (Entered: 07/08/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Robert A. Fumerton and Penny Shane dated 6/21/2013 re: Defendants respectfully request that the Court order FHFA immediately to (1) cease all actions aimed at unauthorized access of legally-protected consumer financial information; (2) propose specific corrective steps it will take to notify affected borrowers and to collect and destroy unauthorized information; and (3) be barred from using in the above-referenced actions, or in any other of the coordinated actions, any evidence containing or based upon information derived from legally protected consumer credit reports which were improperly obtained. ENDORSEMENT: Having considered the 6/26 response from FHFA, these applications are denied. (Signed by Judge Denise L. Cote on 7/2/2013) (lmb) (Entered: 07/03/2013)
ORDER: ORDERED that the 98 current and former employees need not respond to the subpoenas until the Court issues a ruling on this dispute. IT IS FURTHER ORDERED that the parties shall meet and confer and, if the dispute remains live, shall appear for a telephone conference on Thursday, July 11, 2013, at 10:00 a.m. ( Telephone Conference set for 7/11/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/2/2013) (mt) (Entered: 07/02/2013)
ORDER...That the parties shall advise the Court by Monday, July 8, 2013, whether in their view any material in the briefs meets this standard and requires redaction. The Court will address this issue as it applies to the exhibits after the briefs are publicly filed. (Signed by Judge Denise L. Cote on 7/2/2013) (gr) (Entered: 07/02/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 6/25/2013 re: On behalf of all Defendants in these matters, we write to request a pre-motion conference, or in the alternative, an order compelling FHFA to produce certain documents referenced in the January 2006 Audit Report of Freddie Mac's Counterparty Credit Risk Management ("CCRM") group (the "CCRM Documents"). ENDORSEMENT: Denied, for the reasons stated in the FHFA's letter of June 27. (Signed by Judge Denise L. Cote on 7/2/2013) (lmb) (Entered: 07/02/2013)
ORDER: Accordingly, it is hereby ORDERED that, pending an opportunity for counsel to be heard further, Williams & Connolly and any co-counsel for defendants represented by Williams & Connolly shall 1) Cease interviewing any current or former GSE employee identified in FHFA's initial disclosures. 2) Provide an ex parte list to this Court by Monday, 7/7/2013 of all such individuals it has already interviewed. 3) Secure all notes of the interviews of such individuals, including those from the interview of Mr. Cope, and seal them. 4) Not share with counsel for other defendants information learned from the interviews of such individuals until these issues are resolved. (Signed by Judge Denise L. Cote on 7/2/2013) (tro) (Entered: 07/02/2013)
STIPULATION AND ORDER REGARDING THE DEADLINE FOR DEFENDANT'S DISCLOSURE OF ALTERNATIVE SETS DRAWN ON A BASIS OTHER THAN BY SECURITIZATION AND PLAINTIFF'S ALTERNATIVE SET: IT IS NOW STIPULATED AND AGREED BY THE PARTIES THAT: It IS ORDERED that Defendants shall be given until July 19, 2013 to complete the disclosure required by paragraph 5 of the ESO for any Alternative Set of loans drawn on any basis other than such Securitization and shall begin rolling productions of those Sets on July 1, 2013; IT IS FURTHER ORDERED that FHFA shall disclose any Plaintiff's Alternative Set on or before September 3, 2013. (Signed by Judge Denise L. Cote on 7/1/2013) (lmb) (Entered: 07/01/2013)
ENDORSED LETTER addressed to Judge Cote from Jon Corey and Kanchana Wangkeo Leung dated 6/28/2013 re: FHFA's request for permission to move for a protective order re Defendants' non-party subpoenas. ENDORSEMENT: BoA shall respond by July 1, 2013. (Signed by Judge Denise L. Cote on 6/28/2013) (gr) (Entered: 06/28/2013)
OPINION & ORDER. Before the Court are defendants' memoranda of law regarding applicable legal standards and the appropriate standards for discovery in light of the applicable legal standards. The defendants have suggested over the course of this litigation that the Court's discovery rulings have been premised on a faulty definition of the "knowledge" defense that is available to them under Section 11 of the Securities Act of 1933 ("Securities Act"). In this briefing they address the legal standard for their affirmative defense that the plaintiff actually knew of the alleged misrepresentations in the Prospectus Supplements that governed its securities purchases. The defendants have taken this opportunity to address as well the legal standards for several of the elements and other defenses of the Securities Act claims in this litigation and to argue that the application of incorrect legal standards has deprived them of certain discovery from a portion of the plaintiff's business described below: the Single Family business. For the reasons stated below, the Court concludes that its previous discovery rulings have been made under the correct legal standards and need not be revisited. (Signed by Judge Denise L. Cote on 6/28/2013) (gr) (Entered: 06/28/2013)
CLERK'S RULE 54(b) JUDGMENT That for the reasons stated in the Court's Bar Order dated June 24, 2013, that there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the claims against CGMI with prejudice and without costs pursuant to Rule 21 and/or 41(a)(2). (Signed by Clerk of Court Ruby Krajick on 6/25/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 06/25/2013)
ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE AND BAR ORDER: IT IS ORDERED that the amended complaint in this Action, served on or about June 13, 2012, and all claims contained therein, is hereby dismissed with prejudice and without costs as against CGMI only; IT IS ORDERED that (a) JPMorgan Chase & Co.; JPMorgan Chase Bank, N.A.; J.P. Morgan Mortgage Acquisition Corporation and other parties as set forth in this order are hereby permanently BARRED, ENJOINED and RESTRAINED from commencing, prosecuting, or asserting any claim for contribution or indemnity (whether styled as a claim for contribution, indemnity or otherwise) against CGMI, its present and former parents, subsidiaries, divisions and affiliates, the present and former partners, employees, officers and directors of each of them, the present and former attorneys, accountants, insurers (but not affecting any obligation owed to CGMI by any insurer), and agents of each of them, and the predecessors, heirs, successors and assigns of each (collectively, the "Settling Defendant"), that seeks to recover from the Settling Defendant any part of any judgment entered against the Non-Settling Defendants and/or any settlement reached with any of the Non-Settling Defendants, in connection with any claims that are or could have been asserted against the Non-Settling Defendants in this Action or that arise out of or relate to any claims that are or could have been asserted in this Action, whether arising under state, federal, or foreign law as claims, cross-claims, counterclaims, or third-party claims, whether asserted in this Action, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere as further set forth in this order. IT IS FURTHER ORDERED that this Court finds there is no just reason for delay and directs that final judgment be entered pursuant to Federal Rule of Civil Procedure 54(b) dismissing the claims against CGMI with prejudice and without costs pursuant to Rule 21 and/or 41(a)(2)., Citigroup Global Markets, Inc. terminated. (Signed by Judge Denise L. Cote on 6/24/2013) (lmb) (Entered: 06/24/2013)
LETTER addressed to Judge Cote from Penny Shane and Catherine A. Bernard dated 6/21/2013 re: We write on behalf of JPMorgan Chase & Co. and its affiliated entity defendants ("JPMorgan") and Ally Financial Inc. and its affiliated entity defendants ("Ally") in the above-captioned cases (the "Actions") with respect to the Joint Motion for Orders of Voluntary Dismissal with Prejudice and Bar Orders (the "Motion"), which was filed on May 29, 2013 by Plaintiff FHFA and Citigroup Inc and its affiliated entity. We appreciate Your Honor's grant of an extension of time to respond to the Motion. Neither JPMorgan nor Ally will oppose the motion. (gr) (Entered: 06/24/2013)
ENDORSED LETTER addressed to Judge Cote from Philippe Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth Michael A. Hanin dated 6/17/2013 re: On behalf of Plaintiff FHFA, we write regarding the Non-SLG Diligence Sets disclosed by the Tranche 3 and 4 Defendants, and FHFA's analysis of loans within such Sets, pursuant to the Supplemental Expert Scheduling Order dated 2/27/2013. FHFA respectfully requests that the schedule be adjusted to allow it time to respond to Deutsche Bank's and RBS's late disclosures be extended until 8/26/2013. Defendants Deutsche Bank and RBS have agreed to this extension. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 6/18/2013) (gr) (Entered: 06/19/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/17/2013 re: I write on behalf of Defendants in the above referenced actions to request an extension of time to file a response to FHFA's June 10, 2013 Sur-Reply In Opposition to Defendants' Memorandum of Law Regarding Applicable Legal Standards ("Sur-Reply"). The Court's current deadline to submit a response is June 18, 2013. Defendants respectfully request an extension to Thursday, June 20, 2013 in order to coordinate among Defendants. ENDORSEMENT: Granted., ( Responses due by 6/20/2013.) (Signed by Judge Denise L. Cote on 6/18/2013) (lmb) (Entered: 06/18/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/17/2013 re: On behalf of Defendants in the above-referenced actions, we write to address FHFA's letter of June 13 concerning Defendants' request to extend the deposition of Michael Aneiro. ENDORSEMENT: The request for additional deposition time is denied. The Court has read the entire deposition and considered the defendants' arguments for additional time. The reason for this ruling will be placed on the record at a future conference. (Signed by Judge Denise L. Cote on 6/18/2013) (lmb) (Entered: 06/18/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Joseph N. Sacca dated 5/30/2013 re: On behalf of defendants in the above-referenced action ("Defendants"), we write to request that the Court order FHFA to produce functional copies of or access to all versions of the models, tools, and other systems (the "Models") Fannie Mae and Freddie Mac (the "GSEs") used in connection with their purchases of PLS during the period 2005 through 2007 in a form sufficient to reveal the inputs and assumptions incorporated into the Models. ENDORSEMENT: Denied. As explained in the June 5 letter from FHFA, this information is not currently accessible. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb) (Entered: 06/17/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Edward J. Bennett dated 6/13/2013 re: Defendants respectfully request that the Court order FHFA to produce the GSE's impairment/valuation calculations for the at-issue Certificates after the third quarter of 2011. ENDORSEMENT: 1) The FHFA need only disclose the sale of Certificates at issue in this litigation; they shall have no duty to disclose information about the potential sales or analyses of potential sales. 2) The FHFA shall disclose its impairment calculation spreadsheets for each quarter through March 31, 2013. There shall be no obligation to disclose spreadsheets created after that date. There is no duty to disclose all documents supporting impairment analyses. (Signed by Judge Denise L. Cote on 6/17/2013) (lmb) (Entered: 06/17/2013)
ENDORSED LETTER addressed to Your Honor from Penny Shane and Catherine A. Bernard dated 6/11/2013 re: We write on behalf of JPMorgan Chase & CO and its affiliated entity defendants ("JPMorgan") and Ally Financial Inc. and its affiliated entity defendants ("Ally") with respect to the Joint Motion for Orders of Voluntary Dismissal with Prejudice and Bar Orders, which was filed on May 29, 2013 by Plaintiff FHFA and Citigroup and its affiliated entity defendants ("Citi'). We respectfully request an extension of time to submit any response to the Motion, until Friday June 21, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/12/2013) (gr) (Entered: 06/13/2013)
ENDORSED LETTER addressed to Judge Cote from Defendants (Penny Shane) dated 6/3/13 re: FHFA's sur-reply in response to defendants' May 30 submission. ENDORSEMENT: The defendants may respond to any new material or arguments contained in the sur-reply by June 18, 2013. (Signed by Judge Denise L. Cote on 6/13/13) (abl) (Entered: 06/13/2013)
STIPULATION AND ORDER REGARDING THE DEADLINE FOR STIPULATING TO LOAN FILES AND APPLICABLE GUIDELINES. FHFA shall be given until 6/14/13 to make the election to replace or retain Sample Loans in the Securitizations listed in Exhibit 1 to this Stipulation and Order, pursuant to paragraph 4 of the ESO and paragraph of the Stipulation and Order Regading the Disclosure of Findings, Rebuttal Findings, and Alternate Samples in the Absence of Stipultion as to Loan Files and Applicable Guidelines entered by the Court on April 3, 2013. (Signed by Judge Denise L. Cote on 6/10/2013) (gr) (Entered: 06/10/2013)
Letter addressed to Judge Denise L. Cote from Jon Oblak and Kanchana Wangkeo Leung dated 6/4/2013 re: We write on behalf of FHFA in response to Defendants' letter dated June 3, 2013, which requests that the Court provide Defendants with five consecutive days to depose Michael Aneiro. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) (Entered: 06/05/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Penny Shane dated 6/3/2013 re: For the reasons described in Defendants' May 24, 2013 letter and at the May 31 conference, Defendants request that the Court find "good cause" to extend the presumptive two-day limit to five days for Mr. Aneiro. ENDORSEMENT: The defendants have not shown good cause for an exception to the presumptive 2-day limit on the Aneiro deposition. Should there be any post-deposition application for additional time, the request should include the transcript of the deposition. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb) (Entered: 06/05/2013)
ENDORSED LETTER addressed to Judge Denise L. Cote from Steven M. Cady dated 6/3/2013 re: Defendants request a telephonic conference to discuss the status of FHFA's subpoena to Ocwen. ENDORSEMENT: The request for a conference is denied. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb) (Entered: 06/05/2013)
Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Manisha M. Sheth, Christine H. Chung, Richard A. Schirtzer and Kanchana Wangkeo Leung dated 6/4/2013 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA") in response to Defendants' June 3, 2103 status update regarding Ocwen. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) (Entered: 06/05/2013)
STIPULATION AND ORDER REGARDING THE DEADLINE FOR STIPULATING TO LOAN FILES AND APPLICABLE GUIDELINES: IT IS NOW STIPULATED AND AGREED BY THE PARTIES THAT: IT IS ORDERED that FHFA shall be given until June 7, 2013 to make the election to replace or retain Sample Loans in the Securitizations listed in Exhibit 1 to this Stipulation and Order, pursuant to paragraph 4 of the ESO and paragraph 2 of the Stipulation and Order Regarding the Disclosure of Findings, Rebuttal Findings, and Alternate Samples in the Absence of Stipulations as to Loan Files and Applicable Guidelines entered by the Court on April 3, 2013. (Signed by Judge Denise L. Cote on 6/3/2013) (lmb) (Entered: 06/04/2013)
DECLARATION of Susanna M. Buergel in Support re: 493 JOINT MOTION for Orders of Voluntary Dismissal with Prejudice and Bar Orders.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Citigroup Global Markets, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Karp, Brad) (Entered: 05/29/2013)
MEMORANDUM OF LAW in Support re: 493 JOINT MOTION for Orders of Voluntary Dismissal with Prejudice and Bar Orders.. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Citigroup Global Markets, Inc.. (Karp, Brad) (Entered: 05/29/2013)
JOINT MOTION for Orders of Voluntary Dismissal with Prejudice and Bar Orders. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Citigroup Global Markets, Inc..(Karp, Brad) (Entered: 05/29/2013)
Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 5/24/2013 re: Defendants respectfully request that the Court enter an order permitting them to make the partially ex parte submission described above. (lmb) (Entered: 05/29/2013)
Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, and Michael A. Hanin dated 5/28/2013 re: On behalf of Plaintiff the Federal Housing Finance Authority ("FHFA"), we write in response to Defendants' May 24, 2013 letter requesting leave to submit ex parte an application to increase the 20-deposition limit previously ordered by the Court. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) (Entered: 05/29/2013)
ORDER: There are several outstanding discovery disputes in these cases, including issues surrounding defendants' production of information pursuant to the Expert Scheduling Orders, requests regarding the number of and time limits applicable to depositions, and proposals for the adjustment of certain deadlines. It is hereby ORDERED that a conference will be held to discuss these issues on Friday, May 31, 2013, at 10:00 a.m., ( Status Conference set for 5/31/2013 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/24/2013) (lmb) (Entered: 05/28/2013)
ENDORSED LETTER addressed to Judge Cote from Penny Shane dated 5/24/2013 re: We write to request an enlargement of time and pages for Defendant's Reply Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards. ENDORSEMENT: Granted. The reply is due May 30, 2013. (Signed by Judge Denise L. Cote on 5/26/2013) (gr) (Entered: 05/24/2013)
ORDER. In a conference held on May 24, 2013, counsel for third-party Ocwen Loan Servicing, LLC ("Ocwen") indicated that Ocwen would complete production of the Loan Files in its possession by May 29. It is therefore necessary to adjust the deadlines in the Court's Order of May 21. In the event Ocwen does not complete its production by 5/29, the defendant shall move no later than June 3 to compel Ocwen to comply with their subpoenas and take all other steps necessary to ensure immediate production. IT IS FURTHER ORDERED that the 5/31 deadline for identification of Loan Files applicable to the Sample Loans set in the Court's 2/27 Supplemental Expert Scheduling Order for Tranches 3 and 4 is hereby extended to June 7 as to those Loan Files produced by Ocwen after 5/22. (Signed by Judge Denise L. Cote on 5/24/2013) (gr) (Entered: 05/24/2013)
STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE PROTOCOL: IT IS HEREBY AGREED, by and among the parties to the above-captioned FHFA-related litigations presently pending before the Hon. Denise L. Cote, U.S.D.J., and the Hon. Alvin W. Thompson, U.S.D.J. in the United States District Courts for the Southern District of New York and Connecticut (the "FHFA Proceedings"), through their counsel, that the following provisions of this Order shall govern expert reports, disclosures and discovery with respect to testifying experts (each an "Expert") in the FHFA Proceedings: Notwithstanding Rule 26(a)(2)(B) and 26(b)(4) (or any other potentially applicable law, statute, regulation or rule), the parties shall not be required to disclose or produce in discovery or at any trial in the FHFA Proceedings any of the following documents or information (the "Excluded Information"): (a) drafts of any report, affidavit, declaration, written testimony, exhibit or disclosure prepared by or at the direction of the Expert, counsel or other agent of the party proffering the Expert, or others working under the supervision of or on behalf of the Expert in connection with the FHFA Proceedings or any other matter, regardless of the form in which such draft is recorded as further set forth in this order. (Signed by Judge Denise L. Cote on 5/23/2013) (lmb) (Entered: 05/24/2013)
ENDORSED LETTER addressed to Judge Cote from Steven M. Cady dated 5/23/13 re: Ocwen loan file production. ENDORSEMENT: A conference shall be held on Friday, May 24 at 10:30 a.m. (Signed by Judge Denise L. Cote on 5/23/13) (abl) (Entered: 05/23/2013)
ENDORSED LETTER addressed to Judge Cote from Jon Corey dated 5/21/2013 re: We write on behalf of FHFA to seek a continuance of the response date for Defendants' Fifth Set of Interrogatories, which are premature contention interrogatories served in violation of Local Rule 33.3(c). FHFA asks the Court to continue the date for FHFA's response to the close of fact discovery in each Action. ENDORSEMENT: The May 24 deadline is adjourned sine die pending a conference on this dispute. The defendants have advised that their written response will be submitted on May 23. (Signed by Judge Denise L. Cote on 5/22/2013) (gr) (Entered: 05/22/2013)
ORDER: In letters of May 20 and 21, 2013, the parties in these actions provided updates on the status of the production of loan files by third-party Ocwen Loan Servicing, LLC ("Ocwen"). In their letter, defendants indicated that Ocwen anticipates completing its production on May 22. It is hereby ORDERED that, in the event Ocwen does not complete its production by May 22, defendants shall move no later than May 27 to compel Ocwen to comply with their subpoenas and take all other steps necessary to ensure immediate production., ( Motions due by 5/27/2013.) (Signed by Judge Denise L. Cote on 5/21/2013) (lmb) (Entered: 05/21/2013)
Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Kanchana Wangkeo Leung dated 5/21/2013. We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) in response to Defendants May 20, 2103 status update regarding Ocwens production. Defendants reference two hard drives of loan files recently produced by Ocwen. Neither hard drive, however, alleviates the ongoing delays referenced in FHFAs May 10, 2013 letter. Indeed, the parties had been scheduled to receive one hard drive the day FHFA filed its May 10 letter, and the other hard drive was a replacement for a corrupt drive Ocwen produced in April. With respect to the 2,657 outstanding Sample Loan Files that actually are the subject of FHFAs May 10 letter, none has been produced. Although Ocwen anticipates making a production on May 22, over the last eight months, Ocwen has repeatedly failed to meet anticipated production dates. Further, waiting for another status update as Defendants propose jeopardizes the May 31, 2013 matching deadline in the Tranche 3 and 4 actions. As of today, the parties will have less than seven business days to determine how to address anyproduction issues, process and distribute the 2,657 Sample Loan Files, and meet and confer to reach agreement on matching the Sample Loan Files. (gr) (Entered: 05/21/2013)
Letter addressed to Judge Cote from Steven M. Cady dated 5/20/2013 re: I write on behalf of relevant Defendants in response to the Court's May 13, 2013 order requiring Defendants to submit a status update on Ocwen's production by May 20, 2013. (gr) (Entered: 05/21/2013)
NOTICE OF APPEARANCE by Craig Scott Waldman on behalf of RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.) (Waldman, Craig) (Entered: 05/20/2013)
Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin dated 5/16/2013. Reply in Further Support of Status Report re: Tranche 3 and 4 Non-SLG Sets. (Attachments: # 1 Exhibit)(gr) (Entered: 05/17/2013)
Letter addressed to Judge Cote from Manisha Sheth dated 5/17/2013 Document filed by Federal Housing Finance Agency, FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. On behalf of Plaintiff FHFA, we write to update the Court on the status of Defendants disclosures of alternative sets of loan files in the Tranche 2 Actions. FHFA has separately addressed the issue of alternative sets in the Tranche 1 action in a letter of May 15, 2013, and the relevant parties have addressed Non-SLG Diligence sets in the Tranche 3 and 4 actions in letters of May 7 (from FHFA), May 13 (from Tranche 3 and 4 Defendants), and May 16 (from FHFA).(gr) (Entered: 05/17/2013)
Letter addressed to Judge Cote from Roberta A. Kaplan dated 5/13/2013. We represent Fitch, Inc. ("Fitch") in connection with the subpoena dated July 5,2012, which the Federal Housing Finance Authority ("FHFA") served on Fitch in the abovecaptioned actions (the "Fitch Subpoena"). We submit this letter pursuant to the Court's Order of May 7, 2013, in response to FHFA's letter of May 6, 2013 regarding the issue of reimbursement for costs relating to compliance with the Fitch Subpoena (the "May 6 letter").(gr) (Entered: 05/17/2013)
Letter addressed to Judge Cote from Steven M. Cady dated 5/13/2013. I write on behalf of relevant defendants in response to Plaintiffs' May 10, 2013 letter regarding collection of loan files from non-party Ocwen Loan Services, LLC. (gr) (Entered: 05/17/2013)
Letter addressed to Judge Cote dated 5/7/2013 from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth, Michael A. Hanin. On behalf of Plaintiff Federal Housing Finance Agency (FHFA), and in response to the Courts directive at the April 26, 2013 conference, we write to provide a status report concerning the adequacy of the disclosure of Non-SLG sets by the Tranche 3 and 4 Defendants (the Defendants) pursuant to the Supplemental Expert Scheduling Order for Tranches 3 and 4 dated February 27, 2013 (the Order). Since the conference on April 26, 2013, FHFA has met andconferred with each Tranche 3 and 4 Defendant bilaterally. Those discussions have made it possible to isolate the following specific areas of disagreement, and the particular Defendants with whom FHFA has the disagreement.(gr) (Entered: 05/17/2013)
Letter addressed to Judge Cote from Edward J. Bennett dated 5/7/2013. We write in response to FHFAs May 3, 2013 letter to the Court regarding its documentproduction. FHFA states that its post-January 2013 production has been larger than FHFA anticipated due to a number of factors including Defendants requests for additional searches and productions of documents. and that it did not anticipate... the additional requests defendants [sic] would make. Undoubtedly the parties will continue to vigorously disagree about the scope of document production and its proper implications for the overall schedule, but FHFAs claim that Defendants are in any way the cause of the delays affecting its document production is simply not correct. (gr) (Entered: 05/17/2013)
ORDER that, in the event the issues raised by FHFA in a letter dated May 15, 2013, remain outstanding after meet and confer sessions between the parties, a telephone conference will be held on Monday, May 20, 2013 at 2:30 p.m. (Signed by Judge Denise L. Cote on 5/16/2013) (gr) (Entered: 05/16/2013)
STIPULATION AND ORDER REGARDING THE DEADLINE FOR STIPULATING TO LOAN FILES AND APPLICABLE GUIDELINES. FHFA shall be given until May 31, 2013 to make the election to replace or retain Sample Loans in the Securitizations listed in Exhibit I to this Stipulation and Order, pursuant to paragraph 4 of the ESO and paragraph 2 of the Stipulation and Order Regarding the Disclosure of Findings, Rebuttal Findings, and Alternate Samples in the Absence of Stipuations as to Loan Files and Applicable Guidelines entered by the Court on April 3, 2013. (Signed by Judge Denise L. Cote on 5/16/2013) (gr) (Entered: 05/16/2013)
ENDORSED LETTER addressed to Judge Cote from Philippe Z. Selendy and Mark E. Kasowitz dated 5/14/2013 re: We write on behalf of Plaintiff FHFA to request a short extension of time to respond to Defendants' May 8 2013 Memorandum of Law Regarding Applicable Legal Standards and the Appropriate Standards for Discovery in Light of the Applicable Legal Standards such that FHFA's opposition brief would be due on Monday, May 20, and Defendants' reply brief would be due on Tuesday, May 28. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/15/2013) (gr) (Entered: 05/15/2013)
Letter addressed to Judge Cote from Penny Shane dated 5/3/2013. I write on behalf of JPMorgan Chase Bank, N.A. ("Chase Bank") to report on Chase Bank's response to subpoenas for loan records in Tranche 3 and 4 Actions where it is not a party. (gr) (Entered: 05/15/2013)
Letter addressed to Judge Cote from Philippe Z. Selendy, Christine H. Chung, Kanchana Wangkeo Leung, and Manisha Sheth dated 5/3/2013. We write on behalf of Plaintiff FHFA to respond to the Courts request for information regarding FHFAs document production since January 2013. (gr) (Entered: 05/15/2013)
Letter addressed to Judge Cote from Penny Shane dated 4/29/2013. On behalf of defendants in the above-referenced actions (Defendants), asrequested at the April 26, 2013 conference with the Court, we write to identify instances inwhich Defendants objected to the deposition limits the Court has set, under which FHFA maytake over 400 depositions of Defendants but Defendants may take only 20 shared depositions ofFannie Mae, Freddie Mac and FHFA/OFHEO. (gr) (Entered: 05/15/2013)
ORDER. Having reviewed the parties' recent submissions in connection with two outstanding discovery issues to be addressed at a conference this week, the allocation of the costs associated with identification and indexing of Guidelines in the Ally action and the adequacy of defendants' disclosures regarding non-Supporting Loan Group sets, the Court has concluded that the conference can be conducted in less than an hour. Accordingly, it is hereby Ordered that a telephone conference will be held on May 17 2013 at 2:30 p.m.( Telephone Conference set for 5/17/2013 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/14/2013) (gr) (Entered: 05/14/2013)
Letter addressed to Judge Cote from Brian Markley dated 5/13/2013. I write on behalf of Standard & Poor's Financial Services, LLC ("S&P"), a non-party in the above-referenced actions, with respect to the eltter submitted on 5/6/2013 by plaintiff FHFA, requesting that S&P and two other non-party rating agencies bear their own costs of compliance with certain subpoenas issued by FHFA. For the reasons set forth below, and in a separte letter being submitted today by Moody's Investors Services, FHFA's request should be denied. (Attachments: # 1 Exhibit Letter dated May 13 2013 to Judge Cote)(gr) (Entered: 05/14/2013)
NOTICE OF APPEARANCE by David Christopher Armillei on behalf of FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION (Armillei, David) (Entered: 05/13/2013)
ORDER REGARDING DOCUMENT PRODUCTION DEADLINES. This Order shall apply to all depositions taken after April 26, 2013 regardless of the date on which they were noticed. (Signed by Judge Denise L. Cote on 5/13/2013) (gr) (Entered: 05/13/2013)
ENDORSED LETTER addressed to Judge Cote from FHFA dated 5/10/13 re: production of outstanding Sample Loan Files from third-party servicer Ocwen. ENDORSEMENT: Any objection to the request, by a party to these actions, should be made by May 14 at noon. (Signed by Judge Denise L. Cote on 5/13/13) (abl) (Entered: 05/13/2013)
Letter addressed to Judge Cote from Lauren A. Moskowitz dated 4/30/2013. Pursuant to paragraph 3 of the Courts February 27, 2013 SupplementalExpert Scheduling Order for Tranches 3 and 4 (the Tranche 3 and 4 ESO), defendants Credit Suisse Holdings (USA), Inc., Credit Suisse (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Credit Suisse First Boston Mortgage Securities Corporation, Asset Backed Securities Corporation, Credit Suisse First Boston Mortgage Acceptance Corporation, Andrew A. Kimura, Jeffrey A. Altabef, Evelyn Echevarria, Michael A. Marriott, Zev Kindler, Thomas E. Siegler, Thomas Zingalli, Carlos Onis, Steven L. Kantor, Joseph M. Donovan, Juliana Johnson and Greg Richter (collectively,Credit Suisse) submit this status report on the production and identification of, and stipulation to, Guidelines and Loan Files. (gr) (Entered: 05/10/2013)
ORDER: It is hereby ORDERED that, at the request of counsel, the telephone conference to discuss the Rating Agencies' compliance with FHFA's subpoenas previously scheduled for May 15 at 10:30 a.m. is adjourned to May 20, 2013, at 11:30 a.m., ( Telephone Conference set for 5/20/2013 at 11:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/8/2013) (lmb) (Entered: 05/09/2013)
Letter addressed to Judge Cote from Thomas C. Rice dated 4/26/2013. We write on behalf of RBS Securities Inc. (RBSSI) in the above-captioned actionsin response to Plaintiffs April 24 request that the Court order Defendants to complete production of documents and privilege logs by May 31, 2013. Document filed by RBS Securities, Inc.(gr) (Entered: 05/09/2013)
Redacted Letter addressed to Judge Cote from Jonathan B. Oblak and Kanchana Wangkeo Leung dated 4/26/2013 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to Defendants April 25, 2013 letter requesting that the Court require FHFA to designate a new Freddie Mac witness to testify further regarding Topic 9 of Defendants January 11, 2013 Notice of Rule 30(b)(6) Deposition (30(b)(6) Notice). Document filed by FHFA. (Attachments: # 1 Exhibit Redacted, # 2 Exhibit Redacted, # 3 Exhibit Redacted)(gr) (Entered: 05/08/2013)
Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 4/25/13 re: Deadlines for document production. (Attachments: # 1 Exhibit) (abl) (Entered: 05/08/2013)
Letter addressed to Judge Cote from JPMorgan (Penny Shane) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl) (Entered: 05/08/2013)
Letter addressed to Judge Cote from Goldman Sachs (Richard H. Klapper) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl) (Entered: 05/08/2013)
Letter addressed to Judge Cote from Ally Securities (Devon M. Largio) dated 4/25/13 re: FHFA's request that production of documents and privilege logs be complete by May 31. (abl) (Entered: 05/08/2013)
Letter addressed to Judge Cote from FHFA dated 4/24/13 re: Deadline for completion of document production and privilege logs. (abl) (Entered: 05/08/2013)
ORDER that the Rating Agencies shall submit by May 13, 2013, letter briefs no longer than five pages regarding compliance with FHFA's subpoenas. IT IS FURTHER ORDERED that a telephone conference to discuss this issue will be held on Wed., May 15 at 10:30 a.m. IT IS FURTHER ORDERED that FHFA shall serve copies of this Order on the Rating Agencies. (Signed by Judge Denise L. Cote on 5/7/2013) (gr) (Entered: 05/07/2013)
NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT KIM LUTTHANS AND ORDER: Please take notice that Defendant Kim Lutthans substitutes her counsel of record in this case., Attorney Theresa Marie Trzaskoma,David Elbaum for Kim Lutthans added. Attorney William Compton Hughes; Sharon L. Nelles; Jonathan Michael Sedlak; Penny Shane; Yavar Bathaee and David Allen Castleman terminated. (Signed by Judge Denise L. Cote on 5/6/2013) (lmb) (Entered: 05/06/2013)
ENDORSED LETTER addressed to Judge Cote from Counsel for Plaintiff Federal Housing Finance Agency ("FHFA") regarding the Court's request during the 4/262013 status conference that FHFA provide by today a status report concerning the Tranche 3 and 4 Defendants' disclosure pursuant to the Supplemental Expert Scheduling Order ated 2/27/2013. FHFA respectfully request that the Court permit FHFA an additional two business days, until 5/7/2013, to complete that process and submit the request status report. Defendants consent to this brief extension dated 5/3/2013 ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/6/2013) (gr) (Entered: 05/06/2013)
ORDER It is hereby ORDERED that JPMorgan provide by May 3, 2013, a date by which it expects to complete production of the Loan Files mentioned in FHFAs April 30 status report. (Signed by Judge Denise L. Cote on 5/2/13)(abl) (Entered: 05/02/2013)
ORDER: On May 1, 2013, the parties jointly submitted to the Court a proposed extension of the briefing schedule established in the Court's Order of April 30. It is hereby ORDERED that any brief on the legal issues mentioned in the Court's April 30 Order by defendants shall be served by May 8, 2013. Plaintiff's opposition shall be served by May 15, 2013. Defendants' reply shall be served by May 20, 2013, at noon. (Signed by Judge Denise L. Cote on 5/1/2013) (rsh) (Entered: 05/01/2013)
ORDER: In a series of letters beginning April 5, 2013, the parties raised several outstanding discovery issues and requested a conference. A conference was held on April 26, but several issues remain outstanding. It is hereby ORDERED that a telephone conference will be held to address these issues on Wednesday, May 1 at 10:30 AM., ( Telephone Conference set for 5/1/2013 at 10:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/30/2013) (lmb) (Entered: 04/30/2013)
ORDER: At a conference held on April 26, 2013, the Court discussed with defendants the possibility of their submitting briefing regarding knowledge and other legal standards in this case in advance of summary judgment practice. It is hereby ORDERED that any brief on these issues by defendants shall be served by May 3, 2013. Plaintiff's opposition shall be served by May 10, 2013. Defendants' reply shall be served by May 14, 2013. (Signed by Judge Denise L. Cote on 4/30/2013) (lmb) (Entered: 04/30/2013)
ORDER: At a conference held on April 26, 2013, defendants raised the issue of inquiry notice, and the Court indicated that it would provide counsel with a reference to its discussion of inquiry notice in a previous opinion. Inquiry notice was addressed in the Court's May 4, 2012, opinion granting in part and denying in part the motion to dismiss the second amended complaint in the UBS Action, No. 11 Civ. 5201 (DLC), at page 19 et seq. (Signed by Judge Denise L. Cote on 4/29/2013) (lmb) (Entered: 04/29/2013)
Letter addressed to Judge Cote from Philippe Z. Selendy, Richard A. Schirtzer, Christine H. Chung, Manisha M. Sheth and Michael A. Hanin dated 4/24/2013 re: Deadline for Completion of Document Production and Privilege Logs. Document filed by Federal Housing Finance Agency.(gr) (Entered: 04/25/2013)
Letter addressed to Judge Cote from Sascha N. Rand dated 4/11/2013 re: Pursuant to the instructions received from Chambers on April 8, 2013 and the additional meet and confer discussions between the parties, we write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to update the Court regarding the status of Loan File production in the Tranche 2,3, and 4 Actions. Document filed by Federal Housing Finance Agency.(gr) (Entered: 04/24/2013)
Letter addressed to Judge Cote from Steven M. Cady on behalf of Defendants in the above-cationed actions dated 4/11/2013 re: After an opportunity to meet and confer with FHFA regarding FHFA's letter dated April 4, Defendants and FHFA have resolved the matters raised in FHFA's letter without the need for Court intervention. (gr) (Entered: 04/24/2013)
Letter addressed to Judge Cote from Philippe Selendy, Richrd Schirtzer, Christine Chung, Manisha Sheth and Kanchana Wangkeo Leung dated 4/10/2013 re: FHFA's Response to Defendants' 4/5/2013 letter re: 20 Deposition limit. Document filed by Federal Housing Finance Agency.(gr) (Entered: 04/24/2013)
Letter addressed to Judge Cote from Steven M. Cady dated 4/7/2013 re: I write on behalf of Defendants in the above-captioned actions in response to FHFA's letter to the Court dated 4/4/2013 regarding loan file collection. (gr) (Entered: 04/24/2013)
Letter addressed to Your Honor from Penny Shane dated 4/5/2013 re: Defendants in the above-referenced actions write in response to the Courts March 22 Order that [t]he parties shall confer and design a process for selecting deponents. (gr) (Entered: 04/24/2013)
Letter addressed to Judge Cote from Sascha Rand dated 4/4/2013 re: to supplement its report of March 29, 2013 to report on the production of Loan Files and Guidelines in the Tranche 2, Tranche 3, and Tranche 4 Actions and topropose associated relief. Document filed by Federal Housing Finance Agency.(gr) (Entered: 04/23/2013)
Letter addressed to Judge Cote from Manisha Sheth and Penny Shane dated 4/1/2013 re: We write to update the Court on the status of the Parties efforts to identify all documents that compose the Loan Files andGuidelines relating to the Sample Loans, pursuant to this Courts Expert Scheduling Order, dated November 26, 2012 (the Order). Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A..(gr) (Entered: 04/23/2013)
Letter addressed to Judge Cote from Plaintiff's counsel dated 4/18/2013 re: Tranche 3 and 4 Defendants' Disclosures of Non-SLG sets. Document filed by Federal Housing Finance Agency. (Attachments: # 1 Exhibit April 5, 2013 letter from Reginald Goeke to Kanchana Leung)(gr) (Entered: 04/23/2013)
STIPULATION AND ORDER Regarding the Deadline for Stipulating to Loan Files and Applicable Guidelines. (Signed by Judge Denise L. Cote on 4/23/2013) (gr) (Entered: 04/23/2013)
ORDER granting 423 Motion for Karen Bobrow to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 04/22/2013)
MOTION for KAREN BOBROW to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Housing Finance Agency. (Attachments: # 1 CERTIFICATE OF SERVICE, # 2 CERTIFICATE OF GOOD STANDING, # 3 ORDER GRANTING ADMISSION PRO HAC VICE)(Sheth, Manisha) (Entered: 04/19/2013)
ORDER: In a series of letters beginning April 5, 2013, the parties raised several outstanding discovery issues and requested a conference. The parties could not agree on a time during the week of April 15, but were able to agree to a time the following week. It is hereby ORDERED that a conference will be held to address these issues on Friday, April 26 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York., ( Status Conference set for 4/26/2013 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/17/2013) (lmb) (Entered: 04/18/2013)
ENDORSED LETTER addressed to Judge Cote from the UBS Defendants dated 4/16/13 re: Additional proposed redactions to the Thacher Memorandum. ENDORSEMENT: These additional redactions are approved with one exception: The request to redact #5 is denied. (Signed by Judge Denise L. Cote on 4/16/13) (al) (Entered: 04/16/2013)
ORDER regarding FHFA's objection to the designation of certain documents by defendant UBS as protected by the attorney-client privilege. (Signed by Judge Denise L. Cote on 4/16/13) (al) (Entered: 04/16/2013)
JOINT STIPULATION AND ORDER REGARDING FHFA'S PRODUCTION OF MEMORANDA RELATING TO FANNIE MAE'S ANTI-PREDATORY LENDING REVIEWS OF ORIGINATORS AND THE SECURITIZATIONS: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Federal Finance Housing Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac"), and each Defendant in the above-captioned actions ("the Parties"), by and through their undersigned counsel, as follows: Defendants agree that they will not assert, and it will not be deemed, that Plaintiff FHFA's production of memoranda summarizing Fannie Mae's anti-predatory lending reviews of Originators and memoranda summarizing Fannie Mae's post-purchase reviews of third party exception reports relating to the Securitizations (collectively "the Documents") is a waiver of any claim of privilege that FHFA may assert as to documents other than the Documents produced pursuant to this stipulation. All parties agree that they will not assert, and it will not be deemed, that either the production of the Documents or this stipulation constitutes evidence or an admission by any party that any documents other than the Documents are or are not covered by any privilege. With respect to any documents other than the Documents produced by Plaintiff FHFA pursuant to this Stipulation, all parties reserve their rights to make arguments concerning privileges, waiver of privileges, and the scope of any such waivers. No party takes a position on, and each reserves the right to oppose (on grounds other than privilege), the use of the Documents as evidence. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb) (Entered: 04/15/2013)
JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF DILIGENCE LOAN INFORMATION TO NON-PARTIES: 1. If a Due Diligence File Custodian, including but not limited to the Due Diligence File Custodians identified in the attached Exhibit 1, requires Diligence Loan Information, including Non-Party Borrower Information, to identify and produce the requested due diligence files and related documents ("Confidential Diligence Loan Information"), the Due Diligence File Custodian may obtain the Confidential Diligence Loan Information as set forth in this Stipulation. 2. Any Confidential Diligence Loan Information that was designated by a Defendant as Confidential pursuant to the Protective Order may be disclosed by that Defendant to a Due Diligence File Custodian in accordance with Paragraph 11 of the Protective Order as further set forth in this order. (Signed by Judge Denise L. Cote on 4/15/2013) (lmb) (Entered: 04/15/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Karen Bobrow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8414925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Order Granting Admission Pro Hac Vice, # 2 Certificate of Good Standing - Karen Bobrow, # 3 Certificate of Service)(Sheth, Manisha) Modified on 4/12/2013 (bcu). (Entered: 04/12/2013)
STIPULATION AND ORDER REGARDING THE DISCLOSURE OF FINDINGS, REBUTTAL FINDINGS, AND ALTERNATE SAMPLES IN THE ABSENCE OF STIPULATIONS AS TO LOAN FILES AND APPLICABLE GUIDELINES: IT IS NOW STIPULATED AND AGREED BY THE PARTIES THAT: 1. By April 15, 2013, the Parties shall conclude their efforts to stipulate to the remaining Loan Files and applicable Guidelines for the Sample Loans pursuant to Paragraphs 1 and 2 of the ESO. The ESO shall govern all procedures with respect to any Sample Loans where the Parties have stipulated to Loan Files and applicable Guidelines pursuant to Paragraphs 1 and 2 of the ESO. Each Party agrees to continue working in good faith to exchange information concerning matching of applicable Guidelines and identification of the best representation of the Guidelines and Loan Files after April 15, 2013 as further set forth in this order. (Signed by Judge Naomi Reice Buchwald for Judge Denise L. Cote on 4/3/2013) (lmb) (Entered: 04/03/2013)
Letter addressed to Judge Cote from Lauren A. Moskowitz dated 3/29/2013 re: Pursuant to paragraph 3 of the Courts February 27, 2013 Supplemental, we this status report on the production and identification of, andstipulation to, Guidelines and Loan Files. Document filed by defendantsCredit Suisse Holdings (USA), Inc., Credit Suisse (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Credit Suisse First Boston Mortgage Securities Corporation, Asset Backed Securities Corporation, Credit Suisse First Boston Mortgage Acceptance Corporation, Andrew A. Kimura, Jeffrey A. Altabef, Evelyn Echevarria, Michael A. Marriott, Zev Kindler, Thomas E. Siegler, Thomas Zingalli, Carlos Onis, Steven L. Kantor, Joseph M. Donovan, Juliana Johnson and Greg Richter (collectively, Credit Suisse)(gr) (Entered: 04/02/2013)
ORDER that the modifications to the schedules in these coordinated actions requested by FHFA and many defendants, as reflected in FHFA's 3/29/13 status report, are approved. (See Order for schedule) (Signed by Judge Denise L. Cote on 4/1/2013) (gr) (Entered: 04/01/2013)
STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER FOR MATERIALS PRODUCED BY HE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN, INC. SO ORDERED. (Signed by Judge Denise L. Cote on 4/1/2013) (gr) (Entered: 04/01/2013)
ORDER granting 410 Motion for James Matthew Hamann to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 03/29/2013)
MOTION for James Matthew Hamann to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8369883. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Hamann, James) (Entered: 03/29/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SPEAKERPHONE CONFERENCE proceeding held on 3/18/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/28/2013)
TRANSCRIPT of Proceedings re: SPEAKERPHONE CONFERENCE held on 3/18/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 7/1/2013.(Rodriguez, Somari) (Entered: 03/28/2013)
Letter addressed to Judge Cote from Penny Shane dated 3/13/2013 re: I write on behalf of JPMorgan Chase & Co. and its affiliated entity defendants (collectively, JPMorgan) in the above-captioned cases (the Actions) regarding the partiesdiscussions concerning the scope of successor liability discovery concerning Bear Stearns and Plaintiffs continued insistence that JPMorgan engage in extensive, burdensome and unnecessary searches of custodian email records for documents responding to certain specific requestsreflected in Plaintiff FHFAs Fourth Request for the Production of Documents, dated July 23, 2012 (the Fourth Request). Document filed by J.P. Morgan Securities LLC.(gr) (Entered: 03/27/2013)
Letter addressed to Judge Cote from Manisha M. Sheth and Kanchana Wangkeo Leung dated 3/13/2013 re: we write to provide the Court with an update on the parties discussions regarding successor liability discovery relating to Bear Stearns and Washington Mutual (WaMu) pursuant to the Courts guidance on March 7, 2013. Document filed by Federal Housing Finance Agency, as Conservator for the Federal Home Loan Mortgage Corporation. (Attachments: # 1 Exhibit document requests, # 2 Exhibit confidential exhibit, # 3 Exhibit confidential exhibit)(gr) (Entered: 03/27/2013)
Letter addressed to Judge Cote from Manisha Sheth and Kanchana Wangkeo Leung dated 3/7/2013 re: we write to provide the Court with an update on the parties' discussions regarding successor liability discovery pursuant to the Court's guidance on 3/4/2013. Document filed by Federal Housing Finance Agency, as Conservator for the Federal Home Loan Mortgage Corporation. (Attachments: # 1 Exhibit Confidential Exhibit, # 2 Exhibit Jan 14 2013 Stip and Order, # 3 Exhibit Confidential Exhibit, # 4 Exhibit ANSWER OF DEFENDANTS J.P. MORGAN SECURITIES LLC, DAVID M. DUZYK,, # 5 Exhibit JPMorgan Chase & Co Form 8-K, # 6 Exhibit March 6 2013 Letter to Penny Shane from Manisha Sheth, # 7 Exhibit Feb. 16 2011 to Mr. Bessey from FDIC)(gr) (Entered: 03/27/2013)
OPINION AND ORDER denying the UBS Defendants' application to require the Federal Housing Finanace Agency to pay either $250,000 or at least $85,000 of the cost incurred in identifying certain files produced by third parties. (Signed by Judge Denise L. Cote on 3/26/2013) (gr) (Entered: 03/26/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/7/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/25/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2013. Redacted Transcript Deadline set for 4/29/2013. Release of Transcript Restriction set for 6/27/2013.(Rodriguez, Somari) (Entered: 03/25/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/25/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/4/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2013. Redacted Transcript Deadline set for 4/29/2013. Release of Transcript Restriction set for 6/27/2013.(Rodriguez, Somari) (Entered: 03/25/2013)
Letter addressed to Judge Cote from defendant Credit Suisse (Keara A. Bergin) dated 3/22/13 re: status of loan file production by NationStar. (abl) (Entered: 03/25/2013)
NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT JOHN F. ROBINSON AND ORDER: PLEASE TAKE NOTICE THAT Defendant John F. Robinson substitutes his counsel of record in this case. Former Counsel: Sullivan & Cromwell LLP, 125 Broad Street, New York, New York 10004, Telephone: 212.558.4000, including Penny Shane, Sharon L. Nelles, Jonathan M. Sedlak and David A. Castleman. New Counsel: Defendant John F. Robinson's new counsel in this action, on whom all notices and papers should be served, is the firm of Brune & Richard LLP, One Battery Park Plaza, New York, New York 10004, Telephone: 212.668.1900, including Theresa Trzaskoma and David Elbaum., Attorney Theresa Marie Trzaskoma,David Elbaum for John F. Robinson added. Attorney Jonathan Michael Sedlak; Penny Shane; David Allen Castleman and Sharon L. Nelles terminated. (Signed by Judge Denise L. Cote on 3/22/2013) (lmb) (Entered: 03/22/2013)
ENDORSED LETTER addressed to Judge Cote from Defendants (Phillip A. Sechler) dated 3/21/13 re: 30(b)(6) depositions. ENDORSEMENT: Denied for failure to indicate that defendants have exhausted the meet and confer process. (Signed by Judge Denise L. Cote on 3/22/13) (abl) (Entered: 03/22/2013)
ENDORSED LETTER addressed to Judge Cote from Non-UBS defendants (Edward J. Bennett) dated 3/21/13 re: the Court's March 19, 2013 Order regarding deposition coordination and scheduling. ENDORSEMENT: The parties shall confer and design a process for selecting deponents. If the parties cannot agree between two competing proposals, the Court shall hear the parties. (Signed by Judge Denise L. Cote on 3/22/13) (al) (Entered: 03/22/2013)
ORDER: It is hereby ORDERED that Citigroup Defendants may begin to exchange guideline matches on March 29, 2013. IT IS FURTHER ORDERED that by March 22, the defendants shall provide a report regarding the status of the production of Loan Files by NationStar. (Signed by Judge Denise L. Cote on 3/20/2013) (lmb) (Entered: 03/20/2013)
ORDER: FHFA or a defendant may identify to its adversary the Loan Files and Guidelines to which it will stipulate, and seven days thereafter the adversary shall agree to the stipulation or provide specific reasons why it does not agree. (Signed by Judge Denise L. Cote on 3/19/13)(gr) (Entered: 03/19/2013)
ENDORSED LETTER addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 3/19/2013 re: Response to USB's 3/15/13 letter requesting extension of deadlines for fact and expert discovery. ENDORSEMENT: All defendants must cooperate in the scheduling of the FHFA (Fannie Mae; Freddie Mac) depositions. The limit on the depositions applies across all actions. The USB request to extend its discovery until 12/6 is denied. Fact discovery in the UBS action is extended to 8/30/13; expert discovery is extended to 9/4/13.(Signed by Judge Denise L. Cote on 3/19/2013)(gr) (Entered: 03/19/2013)
Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 3/15/2013 re: Request by UBS Defendants for adjournment of interim deadlines in USB action.(gr) (Entered: 03/19/2013)
Letter addressed to Judge Denise L. Cote from Kanchana Wangkeo Leung, Phillipe Z. Selendy, Manisha M. Sheth, and Christine H. Chung dated 3/13/2013 re: Pursuant to the Court's Order, dated March 11, 2013, the Federal Housing Finance Agency ("FHFA") files this status report regarding the steps it has taken since February 21, 2013, to obtain 460 loan files from Residential Capital, LLC ("ResCap"). Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(lmb) (Entered: 03/13/2013)
ORDER granting 386 Motion for Molly Stephens to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 03/11/2013)
MOTION for Molly Stephens to Appear Pro Hac Vice (corrected motion - fee paid February 26, 2013, receipt number 0208-8270782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing, California Supreme Court, # 3 Certificate of Good Standing, Texas Supreme Court, # 4 Certificate of Service)(Stephens, Molly) (Entered: 03/07/2013)
ORDER: The requested extension of the deadline for stipulations in the JPMorgan Chase Action to March 31, 2013, is granted. IT IS FURTHER ORDERED that the parties to the following six Tranche 3 and 4 Actions submit by March 15, 2013, further reports on the status of production, matching, and stipulation to Loan Files and Guidelines: FHFA v. HSBC North America Holdings, Inc., et al., 11-cv-6189, FHFA v. Deutsche Bank AG, et al., 11-cv-6192, FHFA v. Citigroup, et al., 11-cv-6196, FHFA v. Goldman Sachs & Co., et al., 11-cv-6198, FHFA v. Morgan Stanley, et al., 11-cv-6739, and FHFA v. Ally Financial, Inc., et al., 11-cv-7010. (Signed by Judge Denise L. Cote on 3/4/2013) (ft) (Entered: 03/04/2013)
ORDER: It is hereby ORDERED that a conference previously scheduled for February 25, 2013, to address this issue is rescheduled to Monday, March 4, 2013 at 2:30 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. Status Conference set for 3/4/2013 at 02:30 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 2/27/2013) (ft) (Entered: 02/28/2013)
NOTICE OF APPEARANCE by Wing Fu Ng on behalf of FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION (Ng, Wing) (Entered: 02/27/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Molly Stephens to Appear Pro Hac Vice (Corrected Motion - fee previously paid, receipt number 0208-8270782, Document Number 374). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing, California, # 3 Certificate of Good Standing, Texas, # 4 Certificate of Service)(Stephens, Molly) Modified on 2/27/2013 (bcu). (Entered: 02/27/2013)
Letter addressed to Judge Cote from FHFA dated 2/25/13 re: Proposed expert scheduling order for Tranche 3 and 4 cases. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Text of Proposed Order) (al) (Entered: 02/27/2013)
SUPPLEMENTAL EXPERT SCHEDULING ORDER FOR TRANCHES 3 AND 4:Summary Judgment Motions in Tranche 3 and 4 due by 1/24/2014. Opposition briefs shall be due by 3/21/2014 Reply briefs due by 4/11/2014. Expert Discovery shall be completed by 3/7/2014. See Scheduling Order. (Signed by Judge Denise L. Cote on 2/27/2013) (gr) (Entered: 02/27/2013)
Letter addressed to Judge Cote from Defendants in Tranche 3 and 4 cases (David Woll) dated 2/25/13 re: Proposed expert scheduling order for Tranche 3 and 4 cases. (Attachments: # 1 Text of Proposed Order) (al) (Entered: 02/27/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Molly Stephens to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8270782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Text of Proposed Order admitting Molly Stephens Pro Hac Vice, # 2 Certificate of Good Standing, State Bar of California, # 3 Certificate of Good Standing, Supreme Court of Texas, # 4 Certificate of Service)(Stephens, Molly) Modified on 2/27/2013 (bcu). (Entered: 02/26/2013)
AMENDED ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants") as further set forth in this order. (Signed by Judge Denise L. Cote on 2/25/2013) (lmb) (Entered: 02/25/2013)
Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/22/13 re: FHFA's request for an extension of time to respond to interrogatories. (Attachments: # 1 Exhibit) (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from FHFA dated 2/21/13 re: Application for an extension of time to respond to interrogatories. (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Proposed supplemental expert scheduling order for tranche 3 and 4 cases. (Attachments: # 1 Text of Proposed Order) (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: FHFA's assertion of privilege over Fannie Mae reviews or actions based on third party loan level reviews. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from Defendants (Penny Shane) dated 2/20/13 re: Production of third party loan level reviews. (Attachments: # 1 Exhibit) (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Production of privilege logs. (Attachments: # 1 Exhibit, # 2 Exhibit) (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/20/13 re: JPMorgan's delays in document production relating to successor liability claims. (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from JPMorgan Chase (Penny Shane) dated 2/20/13 re: Document production relating to FHFA's successor liability claims. (al) (Entered: 02/25/2013)
Letter addressed to Judge Cote from UBS Defendants (Robert A. Fumerton) dated 2/20/13 re: Production of privilege logs. (Attachments: # 1 Exhibit) (al) (Entered: 02/25/2013)
ORDER: In letters dated February 20, 2013, the parties informed the Court of a dispute regarding production by defendant JPMorgan Chase & Co. of certain documents relating to plaintiff's successor liability claims. It is hereby ORDERED that the parties are to meet and confer on this issue. IT IS FURTHER ORDERED that a conference will be held to address this issue on Monday, February 25, 2013 at 11:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 2/25/2013 at 11:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/20/2013) (jcs) (Entered: 02/21/2013)
NOTICE OF APPEARANCE by William Compton Hughes on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke (Hughes, William) (Entered: 02/20/2013)
Letter addressed to Judge Cote from FHFA dated 2/20/13 re: Defendants' request for production of GSE reviews of single-family due dilgence vendors. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (al) (Entered: 02/20/2013)
Letter addressed to Judge Cote from Defendants (Jay B. Kasner) dated 2/20/13 re: Request to search custodial files of certain Freddie Mac employees. (Attachments: # 1 Exhibit, # 2 Exhibit) (al) (Entered: 02/20/2013)
Letter addressed to Judge Cote from Goldman Sachs Defendants (Richard H. Klapper) dated 2/19/13 re: FHFA's request for information regarding Goldman's due diligence. (Attachments: # 1 Exhibit) (al) (Entered: 02/20/2013)
Letter addressed to Judge Cote from FHFA (Philippe Z. Selendy and Kanchana Wangkeo Leung) dated 2/19/13 re: Goldman Sachs' due diligence loans. (al) (Entered: 02/20/2013)
ORDER: In a series of letters beginning February 1, the parties raised several issues related to discovery in this litigation and requested a conference. Conferences were held on February 7 and 14, but certain issues remain outstanding. It is hereby ORDERED that a conference will be held to address these issues on Thursday, February 21 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 2/21/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) (jcs) (Entered: 02/20/2013)
NOTICE OF APPEARANCE by Renee Beltranena Bea on behalf of FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Federal Housing Finance Agency (Bea, Renee) (Entered: 02/19/2013)
NOTICE OF APPEARANCE by Yavar Bathaee on behalf of Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Edwin F. McMichael, Diane Novak, Michael L. Parker, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke (Bathaee, Yavar) (Entered: 02/13/2013)
Letter addressed to Judge Cote from FHFA (Christine H. Chung and Kanchana Wangkeo Leung) dated 2/13/13 re: letter from Goldman Sachs of 2/1 regarding due diligence loans. (al) (Entered: 02/13/2013)
Letter addressed to Judge Cote from Defendants dated 2/13/2013 re: Defendants' status report on outstanding discovery issues. (al) (Entered: 02/13/2013)
ORDER: In a series of letters beginning February 1, the parties raised several issues related to discovery in this litigation and requested a conference. A conference was held on February 7, but certain issues remained outstanding at its conclusion. It is hereby ORDERED that a conference will be held to address these issues on Thursday, February 14 at 9:30 AM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York., ( Status Conference set for 2/14/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/13/2013) (lmb) (Entered: 02/13/2013)
Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re: Scheduling order for unstipulated loans in Merrill Lynch. (Attachments: # 1 Text of Proposed Order) (al) (Entered: 02/13/2013)
Letter addressed to Judge Cote from FHFA (Manisha M. Sheth) dated 2/12/13 re: Scheduling order for unstipulated loans in UBS. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (al) (Entered: 02/13/2013)
Letter addressed to Judge Cote from FHFA (Christine H. Chung and Michael Hanin) dated 2/12/13 re: Status update re due diligence loans. (al) (Entered: 02/13/2013)
Letter addressed to Judge Cote from Tranche 3 and 4 Defendants (David J. Woll) dated 2/12/13 re: Proposed expert scheduling order. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(al) (Entered: 02/12/2013)
Letter addressed to Judges Cote and Thompson from FHFA dated 2/1/13 re: Expert scheduling in Tranche 3 and 4 cases. (Attachments: # 1 Exhibit, # 2 Exhibit)(al) (Entered: 02/12/2013)
Letter addressed to Judge Cote from UBS (Robert A. Fumerton) dated 2/6/13 re: Status of reunderwriting. (Attachments: # 1 Text of Proposed Order)(al) (Entered: 02/12/2013)
Letter addressed to Judge Cote from Defendants (Penny Shane et al.) dated 2/6/13 re: Letter from Ally of 2/5 re FHFA's production. (Attachments: # 1 Exhibit)(al) (Entered: 02/12/2013)
Letter addressed to Judge Cote from Merrill Lynch (Ryan Scarborough) dated 2/5/13 re: Status update re loan file and guideline matching. (abl) (Entered: 02/12/2013)
ORDER It is hereby ORDERED that a conference will be held to address the issues raised in these letters and any outstanding discovery issues on Thursday, February 7, at 9:30 AM (Signed by Judge Denise L. Cote on 2/5/13) (abl) (Entered: 02/05/2013)
Letter addressed to Judge Cote from Robert A. Fumerton dated 2/4/13 re: Responding to statements in FHFA's letter of February 1, 2013. Document filed by UBS Americas Inc. (al) (Entered: 02/05/2013)
Letter addressed to Judge Cote from Christine H. Chung and Kanchana Wangkeo Leung dated 2/1/13 re: Discovery relating to third party due diligence. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Exhibit, # 2 Exhibit)(al) (Entered: 02/05/2013)
Letter addressed to Judge Cote from David J. Woll dated 2/1/13 re: Expert scheduling for Tranche 3 and 4 cases. Document filed by Deutche Bank AG.(Attachments: # 1 Text of Proposed Order) (al) (Entered: 02/05/2013)
Letter addressed to Judge Cote from Robert A. Fumerton dated 2/1/13 re: Status update on efforts to identify documents and underwriting guidelines relating to loan files in FHFA's proposed sample. (al) (Entered: 02/05/2013)
Letter addressed to Judge Cote from Ryan Scarborough dated 2/1/13 re: Status of Merrill Lynch's efforts to identify and stipulate to loan files and underwriting guidelines applicable to FHFA's sample. (al) (Entered: 02/05/2013)
AMENDED STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, as follows: 1. This Stipulation shall apply only to the service of Documents between the undersigned parties/attorneys, and not to their filing. Documents filed using the ECF system need not be separately emailed, subject to paragraph 4 of this Stipulation. "Document" shall be interpreted to include any exhibits or attachments to the document and shall include pleadings, correspondence, and discovery-related documents. 2. Plaintiff and Defendants agree that service may be effected on the relevant party by sending the Documents to all of the e-mail addresses for the relevant party listed in Exhibit A. 3. A Document served by e-mail that a party/attorney is required to sign may include the party's/attorney's actual signature or a signature block with the name of the signatory accompanied by "s/" or "/s/." 4. Documents filed under seal or Documents too large to be filed through the ECF system should be served via e-mail. 5. To the extent that a Document is too large to be delivered by email, the Document shall be served in hard copy or on electronic media via FedEx, overnight delivery, or hand delivery, with simultaneous e-mail notification of service by these other means. 6. Service effected pursuant to this Stipulation shall satisfy the requirements of Federal Rule of Civil Procedure 5(b)(2)(E). Federal Rule of Civil Procedure 6(d) shall not apply to service effected under Rule 5(b)(2)(E) pursuant to this Stipulation. ENDORSEMENT: So ordered. (Signed by Judge Denise L. Cote on 2/4/2013) (rjm) (Entered: 02/05/2013)
Letter addressed to Judge Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated 1/15/13 re: correcting a statement in FHFA's January 10, 2013 letter to the Court. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (abl) (Entered: 01/16/2013)
Letter addressed to Judge Cote from Richard A. Schirtzer and Kanchana Wangkeo Leung dated 1/10/13 re: Discovery of documents relating to the GSEs' single family businesses. Document filed by The Federal Housing Finance Agency. (abl) (Entered: 01/16/2013)
FIRST AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 1/11/2013) (djc) (Entered: 01/14/2013)
STIPULATION AND ORDER REGARDING PLAINTIFFS VIRGINIA SECURITIES ACT CLAIMS: Now, therefore, It is hereby ordered that Plaintiff's claims under section 13.1.522(A)(ii) of the VSA are dismissed as to the defendants identified in Column 2 of the attached chart and Plaintiff's derivative control-person claims under Section 13.1-522(c) of the VSA are dismissed as to the individual defendants identified in Column 3 of the attached chart. So Ordered (Signed by Judge Denise L. Cote on 1/8/2013) (js) (Entered: 01/10/2013)
ENDORSED LETTER re: (295 in 1:11-cv-06188-DLC) Letter, addressed to Your Honor from Counsel for the Fraud Defendants dated 1/2/2013 re: Seeking reconsideration of several recent discovery rulings. ENDORSEMENT: The rulings addressed in this letter were based on many factors. The parties were given a full opportunity to be heard. The application for reconsideration is denied. (Signed by Judge Denise L. Cote on 1/4/2013) (ABL) (Entered: 01/04/2013)
Letter addressed to Your Honor from defendants' counsel in the fraud actions ("Fraud Defendants") dated 1/2/2013 seeking reconsideration of several recent dicovery rulings because they were based on a legal error concerning the applicable standard of discoverability and relevance. (gr) (Entered: 01/04/2013)
NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT KEITH JOHNSON AND ORDER: Sullivan & Cromwell LLP, 125 Broad Street, New York, New York 10004, Telephone: 212.558.4000, including Penny Shane, Sharon L. Nelles, Jonathan M. Sedlak and David A. Castleman. Defendant Keith Johnson's new counsel in this action, on whom all notices and papers should be served, is the firm of Brune & Richard LLP, One Battery Park Plaza, New York, New York 10004, Telephone: 212.668.1900, including Theresa Trzaskoma and David Elbaum. Attorney David Elbaum for Keith Johnson added. Attorney Jonathan Michael Sedlak; Penny Shane; David Allen Castleman and Sharon L. Nelles terminated. (Signed by Judge Denise L. Cote on 1/2/2013) (ft) (Entered: 01/02/2013)
Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung on behalf of the plaintiff dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Edward Bennett on behalf of Bank of America and Merrill Lynch defendants dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for the plaintiff dated 12/14/12 re: defendants' request for GSE compensation data. (gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: disputes regarding plaintiff''s document discovery requests. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: revision to deposition protocol. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/17/12 re: supplemental information in support of defendants' second request for non-PLS documents. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for FHFA dated 12/14/12 re: defendants' second set of requests for non-PLS documents. (gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/12/12 re: defendants' second set of requests for non-PLS documents. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Philippe Selendy et al. for the plaintiff dated 12/12/12 re: source metadata. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from N. Mahmood Ahmad for defendants dated 12/13/12 re: documents bearing on defendants' discovery requests related to GSE originator audits. (gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Christine Chung and Manisha Sheth for the plaintiff dated 12/13/12 re: GSE originator audits. (gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Penny Shane dated 12/14/12 re: submission of defendants in further support of 12/7/12 discovery requests. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(gr) (Entered: 12/22/2012)
Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung dated 12/13/12 re: plaintiff's response to defendants' 12/7/12 discovery requests. (gr) (Entered: 12/22/2012)
Letter addressed to Hon. Denise Cote from Steven M. Cady dated 11/27/2012 re: writing to provide the Court an update on Plaintiff's and Defendants' joint efforts to secure loan files and underwriting guidelines relating to loans in Plaintiffs' sample. (Attachments: # 1 Exhibit Letter to Credit Rating Agency, # 2 Exhibit Letter to Due Deligence Firm)(gr) (Entered: 12/20/2012)
MEMO ENDORSEMENT ON ORDER GRANTING ADMISSION PRO HAC VICE: re: granting 261 Motion for Erica P. Taggart to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/17/2012) (mt) (Entered: 12/18/2012)
ANSWER to 99 Amended Complaint,,,,,, with JURY DEMAND. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Christine E. Cole, Art Den Heyer, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, John F. Robinson, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke.(Shane, Penny) (Entered: 12/17/2012)
ANSWER to 99 Amended Complaint,,,,,,. Document filed by RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.).(Rice, Thomas) (Entered: 12/17/2012)
MOTION for Erica P. Taggart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8062589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit Certificate of Service, # 3 Text of Proposed Order Proposed Order)(Taggart, Erica) (Entered: 12/13/2012)
ORDER: These cases having been referred to me to oversee settlementdiscussions, it is hereby ORDERED that a conference will be held toaddress the framework for these settlement discussions on Friday,January 11, 2013, at 2:00 PM in Courtroom 18D, United StatesCourthouse, 500 Pearl Street, New York, New York. ( Settlement Conference set for 1/11/2013 at 02:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 12/12/2012) (ago) (Entered: 12/12/2012)
ORDER It is hereby ORDERED that a conference will be held to address the issues raised in defendants' December 7 letters and any outstanding discovery issues on Friday, December 14 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that no later than 10:00 AM on Thursday, December 13, defendants may submit any underlying documents that support their applications and the plaintiff shall submit its responsive letters and any supporting materials. Any submissions must comply with Rule 2C of this Courts Individual Rules of Practice in Civil Cases. (Signed by Judge Denise L. Cote on 12/10/12) (SAH) (Entered: 12/10/2012)
Submission addressed to Judge Cote from all defendants dated 11/19/12 re: schedule for loan file re-underwriting and expert discovery. (Attachments: # 1 Text of Proposed Order)(gr) (Entered: 12/07/2012)
Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/2012 re: defendants' proposals regarding deposition protocol. (gr) (Entered: 12/07/2012)
Letter addressed to Judge Denise Cote from Philippe Selendy and others dated 11/19/2012 re: plaintiff's submission regarding deposition protocol. (Attachments: # 1 Exhibit)(gr) (Entered: 12/07/2012)
Letter addressed to Judge Denise Cote from all parties dated 11/19/12 Joint submission re deposition protocol. (Attachments: # 1 Text of Proposed Order)(gr) (Entered: 12/07/2012)
STIPULATION AND ORDER Concerning Non-Disclosure of Predictive Coding Documents with Exhibit A to the Stipulation and Order attached. (Signed by Judge Denise L. Cote on 12/4/2012) (gr) (Entered: 12/04/2012)
ORDER. It is hereby ORDERED that defendants' November 20 motion is denied. Denying 235 Motion to Amend/Correct. (Signed by Judge Denise L. Cote on 12/4/2012) (rjm) (Entered: 12/04/2012)
OPINION & ORDER: #102659 The above captioned actions are part of a suite of sixteen cases currently before this Court in which the Federal Housing Finance Agency ("FHFA" or "the Agency"), as conservator for Fannie Mae and Freddie Mac (together, the "Government Sponsored Enterprises" or "GSEs"), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007. This Opinion addresses a joint motion by all defendants in fifteen actions to challenge the plaintiff's sampling methodology on the basis of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Accordingly, defendants' motion is denied. Defendants' October 26 motion to exclude is denied. (See Opinion & Order) (Signed by Judge Denise L. Cote on 12/3/2012) (ja) Modified on 12/11/2012 (jab). (Entered: 12/03/2012)
ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants"). During the November 15, 2012 Conference in the SDNY Actions, and as previously indicated by the Court in the SDNY Actions in its May 15, 2012 order and at the June 13, 2012 hearing, the Court provided as follows with respect to oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), to be taken in the Actions as set forth herein. (Signed by Judge Denise L. Cote on 11/27/2012) (djc) (Entered: 11/28/2012)
MEMORANDUM Attached to this Memorandum are blackline comparisons of the Courts November 26 Expert Scheduling Order with the parties respective submissions of November 19. These comparisons are provided as a courtesy to the parties and carry no controlling weight. Any issue related to the schedule or procedures for expert discovery in these cases is governed by the signed Order of November 26. (Signed by Judge Denise L. Cote on 11/27/12) (SAH) (Entered: 11/27/2012)
STIPULATION AND ORDER: Defendants shall answer the Amended Complaint on or before December 17, 2012. Bear Stearns & Co., Inc. answer due 12/17/2012; Bear Stearns Asset Backed Securities I LLC answer due 12/17/2012; David Beck answer due 12/17/2012; Brian Bernard answer due 12/17/2012; Larry Breitbarth answer due 12/17/2012; Richard Careaga answer due 12/17/2012; Thomas W. Casey answer due 12/17/2012; Citigroup Global Markets, Inc. answer due 12/17/2012; Christine E. Cole answer due 12/17/2012; Credit Suisse Securities (USA) LLC answer due 12/17/2012; Art Den Heyer answer due 12/17/2012; David M. Duzyk answer due 12/17/2012; EMC Mortgage LLC answer due 12/17/2012; Stephen Fortunato answer due 12/17/2012; Katherine Garniewski answer due 12/17/2012; Goldman, Sachs & Co. answer due 12/17/2012; J.P. Morgan Acceptance Corporation I answer due 12/17/2012; J.P. Morgan Mortgage Acquisition Corporation answer due 12/17/2012; J.P. Morgan Securities, LLC answer due 12/17/2012; JPMorgan Chase & Co. answer due 12/17/2012; JPMorgan Chase Bank N.A. answer due 12/17/2012; Keith Johnson answer due 12/17/2012; Rolland Jurgens answer due 12/17/2012; Joseph T. Jurkowski, Jr answer due 12/17/2012; William A. King answer due 12/17/2012; Thomas G. Lehmann answer due 12/17/2012; Stephen Lobo answer due 12/17/2012; Long Beach Securities Corporation answer due 12/17/2012; Kim Lutthans answer due 12/17/2012; Marc K. Malone answer due 12/17/2012; Thomas F. Marano answer due 12/17/2012; Jeffrey Mayer answer due 12/17/2012; Edwin F. McMichael answer due 12/17/2012; Samuel L. Molinaro, Jr answer due 12/17/2012; Michael B. Nierenberg answer due 12/17/2012; Diane Novak answer due 12/17/2012; Michael L. Parker answer due 12/17/2012; Matthew E. Perkins answer due 12/17/2012; RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.) answer due 12/17/2012; John F. Robinson answer due 12/17/2012; Louis Schioppo, Jr answer due 12/17/2012; Structured Asset Mortgage Investments II Inc. answer due 12/17/2012; Jeffrey L. Verschleiser answer due 12/17/2012; WAMU Asset Acceptance Corporation answer due 12/17/2012; WAMU Capital Corporation answer due 12/17/2012; Washington Mutual Mortgage Securities Corporation answer due 12/17/2012; Donald Wilhelm answer due 12/17/2012. (Signed by Judge Denise L. Cote on 11/26/2012) (djc) (Entered: 11/27/2012)
REVISED PRETRIAL SCHEDULING ORDER. The attached consolidated schedule shall govern the further conduct of pretrial proceedings in these cases. (Signed by Judge Denise L. Cote on 11/26/12) (SAH) (Entered: 11/26/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(gr) (Entered: 11/20/2012)
Letter addressed to Judge Denise Cote from Jay B. Kasner dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: # 1 Exhibit A)(gr) (Entered: 11/20/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: the status of discovery in FHFA Actions since Nov. 6, 2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(gr) (Entered: 11/20/2012)
DECLARATION of Penny Shane in Support re: 235 MOTION to Amend/Correct 200 Order on Motion to Dismiss,,,,,,,,,,,,,,,. MOTION to Amend/Correct 200 Order on Motion to Dismiss,,,,,,,,,,,,,,,. MOTION to Amend/Correct 200 Order on Motion to Dismiss,,,,,,,,,,,,,,,.. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation. (Shane, Penny) (Entered: 11/20/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) (Entered: 11/20/2012)
Letter addressed to Judge Denise Cote from David Woll dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) (Entered: 11/20/2012)
MOTION to Amend/Correct 200 Order on Motion to Dismiss,,,,,,,,,,,,,,,. Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation.(Shane, Penny) (Entered: 11/20/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: schedule governing loan reunderwriting and expert discovery. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(gr) (Entered: 11/20/2012)
JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF LOAN TAPE INFORMATION TO NON-PARTIES. Plaintiff and Defendants, by and through their counsel of record hereby agree that Plaintiff shall establish and maintain an FTP site through which each Loan File Custodian will have access to the information as further specified in this stipulation and order primarily derived from loan tapes produced by Defendants for loans at issue in the Actions: (i) the entity that originated the loan or possesses the loan files; (ii) the Action in which the loan is at issue; (iii) the securitization that includes the loan; (iv) the loan number(s) for the loan; (v) the origination date for the loan; and (vi) the state where the mortgaged property is located. This information is publicly available, generally known, and not confidential or sensitive ("Non-Confidential Loan Tape Information"), and as further set forth herein. (Signed by Judge Denise L. Cote on 11/19/2012) (rjm) (Entered: 11/20/2012)
DECLARATION of Arnold Barnett, Ph.D in Support re: 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation. (Attachments: # 1 Exhibit 1)(Shane, Penny) (Entered: 11/16/2012)
DECLARATION of Lauren A. Moskowitz in Support re: 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Shane, Penny) (Entered: 11/16/2012)
REPLY MEMORANDUM OF LAW in Support re: 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation. (Shane, Penny) (Entered: 11/16/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: schedule for reunderwriting reports in non-UBS cases. (gr) (Entered: 11/16/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: the status of the parties meet-and-confer sessions since October 15, 2012. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(gr) (Entered: 11/14/2012)
Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: FHFA search terms and dates. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(gr) (Entered: 11/14/2012)
Letter addressed to Judge Denise Cote from Jon Corey dated 11/8/12 re: privileged witness interviews. Document filed by Federal Housing Finance Agency as Conservator For The Federal National Mortgage Association and The Federal Home Loan Mortgage Corporation.(gr) (Entered: 11/12/2012)
Letter addressed to Judge Denise Cote from Jon Corey dated 11/6/12 re: privileged witness interviews. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(gr) (Entered: 11/12/2012)
DECLARATION of Charles D. Cowan, Ph.D. in Opposition re: 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Selendy, Philippe) (Entered: 11/09/2012)
DECLARATION of Nicholas F. Joseph in Opposition re: 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Selendy, Philippe) (Entered: 11/09/2012)
MEMORANDUM OF LAW in Opposition re: 196 MOTION to Preclude Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D... Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION. (Selendy, Philippe) (Entered: 11/09/2012)
Letter addressed to Judge Cote from Reginald R. Goeke dated 10/29/2012 re: response to the October 26, 2012 letter from FHFA. Document filed by Ally Financial Inc., GMAC Mortgage Group, Inc.(gr) (Entered: 11/09/2012)
Letter addressed to Judge Cote from Kanchana Wangkeo Leung dated 10/26/2012 re: Request for appropriate relief against defendants AFL and GMACM. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(gr) (Entered: 11/09/2012)
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